HomeMy WebLinkAbout51000220162001_Variances_04-10-2003<Ml\0\2cCi3
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #
was filed/recorded in this office
for recoj::^ on the ) L_day of
2003 at/ Voamwin )
ecorder^
925662
s mWendy L.,
_DSputy
!e
well certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARI^Q^^RECEIVED
FEB 2 5 2003COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 2 7 2003
(218) 998-8095
Otter Tail County’s Website: www.co.ottertaU.mn.usojRCE LAND & RESOURCE
$175.00Application Fee
I Ikoy
u4
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted by / Date ^
James and Margaret HuebschDAYTIME PHONE (218) 346-5781 Kent D. Mattson, Attorney (218) /8b-54y8
c/o Kent D. Mattson, 110 North Mill St., Fergus Falls. MN 56538-0866
PROPERTY OWNER
MAILING ADDRESS
N/A N/A LAKE CLASS N/ALAKE NAMELAKE NUMBER
SECTION___^136 RANGE 39 TOWNSHIP NAME PerhamTOWNSHIP
E-911 , ,ADDRESS A2475 State Highway 78PARCEL
NUMBER 51-000-22-0162-001
LEGAL DESCRIPTION
See attached Exhibit A
TYPE OF VARIANCE REQUESTED (Please Check)
Subdivision X Cluster Misc.Structure Size Sewage SystemStructure Setback
SPECIFY VARIANCE REQUESTED
Applicants.have entered into a purchase agreement to sell a portion of their tract of land to Productive Alternatives, Inc., owner of an adjacent tract, for the subject tract to be
included as part of the Productive Alternatives, Inc. tract. A variance is requested from Section VII of therSubdivision Controls Ordinance and a variance from the Subdivision Plat
Requirements to convey a 50 ft. X 200 ft. portion of applicant's tract of land using a metes and bounds legal description to the adjacent landowner's parcel. The balance of
the applicant's existing parcel will be retained by the applicant. A copy of the survey drawing showing the applicant's tract, the tract involved in the variance application, and
the tract of Productive Alternatives, Inc. is attached as Exhibit B . Because the proposed tract to be conveyed would be attached to an existing tract, variance is also requested from the reuqirement there be adequate area for two septic systems and adequate access to a public road for the tract to be conveyed. The-~lgga^ dcaeription for the -tract—to be. ee^^^d io Qt-tached^^^r~E^d»j>it^^A%^^-^jii^j^stI UNDERSTAND THAT I HAVE APPLIED FOR A VARI/(NCE FROM THE REQUIREMENTS OF THE SHORELAND ^ ^ aCAMS.
I ^-MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
/
4 February 24, 2003/^ Y
s'lGhi^TURE OF PROPERTY OWNER
James Huebsch
i.'7^
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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■7. ^2 T'm^ ~/0 <D TimeDate Of Hearing
Motion
James and Margaret Huebsch - Denied. (7:32 p.m.)
Motion was made by Steve Schierer to approve the variance as requested noting that both parcels in questions are
currently less than 2.5 acres and noting that the granting of this variance would not change the general characteristics
of the neighborhood. This motion died for lack of a second. After additional consideration and discussion, motion was
made by Mark Steuart, second by Rod Boyer and carried with Steve Schierer and Randall Mann voting no, to deny th
variance as requested as no adequate hardship unique to the property had been shown that would allow for the
granting of the variance as requested and noting that another alternative, to the west, does exist for Productive
Alternatives proposed expansion project.
Chain^nOter Tail County Bo'ard of Adjustment
■ TT.O___________Permit(s) required from Land & Resource Management
>77V:-! Tes7C6ritactXan~cf '& Resource Mahaqerrient)
'■r\dd
No
Copy of Application Mailed to Applicant And the MN DNR_
L R Official/Date
BK-'0402-001 ■ ■
311.491 • Victor Lundeen Co . Printers • Fergus Falls, MN • 1-800-346-4870
Gna- !:iP ’ 3 :f; Cc ... v' ..G'?rr or
EXHIBIT A
A tract of land 440.0 feet in length and 200.0 feet in width
located in the North Half of the Southeast Quarter of
Section Twenty-two (22), Township One Hundred Thirty-six (136)
North of Range Thirty-nine (39) West, more particularly described
as follows, to-wit: Beginning at a point at the Northeast corner
of said North Half of the Southeast Quarter (N^SE^), thence South
on and along the East line of the North Half of the Southeast
Quarter (N^SE)4) , a distance of 2.0 rods to a point which is the
point of beginning of the tract of land to be conveyed herein,
thence West parallel with the North line of the North Half of the
Southeast Quarter (NJ^SEM) a distance of 325.0 ft., thence South
and parallel with the East line of the North Half of the
Southeast Quarter (N)^SE)^) , a distance of 200.0 ft., thence East
and parallel with the North line of the North Half of the
Southeast Quarter (N)>iSEM) a distance of 325.0 ft. to the East
line of the North Half of the Southeast Quarter (N)^SE)4) , thence
North on and along the East line of the North Half of the
Southeast Quarter (N)^SE);<i) a distance of 200.0 feet to the place
of beginning and there terminating.
RECEIVED
FEB 2 7 Z003
LAND & RESOURCE
SURVEYORS SKETCH
IN N.E. 1/4 - S.E. 1/4
IN SECTION 22 - 136 -39
OTTER TAIL COUWTOWNf
RECEIVED/ .EXHIBIT B
FEB 2 5 2003
STATE HiGHWAY-R/GHff
OF WAY PLAT
No.56-5
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V- ^ Oo « 2 2 to
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• -•I
TEXISTING PUBLIC ROAD
-----A/ a 9‘’3815" W
40'3.3 33.00'<,440,00'J i
50.00115.00’171.19‘I
Tract - y'l i275 00' -
N. E. !/4 -- -E. E. ‘1/4 '
A-l
^ Tract A ^a
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qsS
Cvj ;/I o cvjCM Q \r> ^oo 'A
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®d m ; 0'' •!o §g oVO CVJob\o0
40, 710 sq. ft
206.65' -
O O 011oro(Vj O CM OO CM ROQ °O OHact B Oo~ to O
23,000 sq ft
LO
/,o U")!»)00 .68 35'i^50X)0 —!SI115.00 275.00L
S 89°38'(5" F 440.00' -i'I
O
25 i. 0 ■: i<0 N t.')I
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FEB 2 7 2003
i
ct; U3CO Him ✓I
lands. RESOURCE
'Pofhoyx bo\!/^sp(i i oPr STATE ,H;GHWAY RIGHT
OF WAV PLAT
Nc.56-5NOTE ‘ Tract A - I is
being attached to
Tract A I
\
■ :mowner of Tract 8 and
Seller of Tract A - I
jirrt Huebsch
424 75 State Hwy 78
Perhath, Mn 565735LEGEND
.Monuments oi' record
Orienfafion of this bearing
is ossumed.
Scale; I inch = 100 feet
-jf-«
sysle.Ti
Revised i/29/03 >or 50' tract.0 graphic lOO scale 200
Izoci
5'/57D/feetinch(es) equals.grid(s) equals feet, orScale:
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
%X 100 =RECEIVED
FEB 2 5 2003
Total Lot Area
(FT2)
Total Impervious
Surface Onsite
(FT2)
LAND & RESOURCE
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DatedSignature
Bk—0500 — 029 304.678 • Victof LundMft Co„ Printers • Fergus Fills. MN • 1-800-346-4870
April 10, 2003
Page U 5
James and Margaret Huebsch - Denied. (7:32 p.m.)
James and Margaret Huebsch, part of the North Half of the Southeast Quarter, Section 22 of Perham
Township, requested the following; Applicants have entered into a purchase agreement to sell a portion of
their tract of land to Productive Alternative, Inc., owner of an adjacent tract, for the subject tract to be
included as part of the Productive Alternatives, Inc. tract. A variance is requested from Section VII of the
Subdivision Controls Ordinance and a variance from the Subdivision Plat requirements to convey a 50’ by
200’ portion of the applicant’s tract of land using a metes and bounds legal description to the adjacent
landowner’s parcel. The applicant will retain the balance of the applicant’s existing parcel. A copy of the
survey drawing showing the applicant’s tract, the tract involved in the variance application and the tract of
Productive Alternative, Inc. is on file in the County Auditor’s office. Because the proposed tract to be
conveyed would be attached to an existing tract, variance, is also requested from the requirement there be
adequate area for two septic systems and adequate access to a public road for the tract to be conveyed.
The variance requested is to create two parcel of less than 2.5 acres in size. Representing the application
were James Huebsch, property owner, Dwayne Huebsch, Kent Mattson, Attorney and Darren Toso,
Productive Alternative, Inc. The audience was polled with Steve Melgaard speaking against the variance
as requested. Mr. Melgaard noted that there is another alternative. After consideration, motion was made
by Steve Schierer to approve the variance as requested noting that both parcels in questions are currently
less than 2.5 acres and noting that the granting of this variance would not change the general
characteristics of the neighborhood. This motion died for lack of a second. After additional consideration
and discussion, motion was made by Mark Steuart, second by Rod Boyer and carried with Steve Schierer
and Randall Mann voting no, to deny the variance as requested as no adequate hardship unique to the
property had been shown that would allow for the granting of the variance as requested and noting that
another alternative, to the west, does exist for Productive Alternatives proposed expansion project.
Paul Gramith - Approved as requested. (7:48 p.m.)
Paul Gramith, Lot 3, Stalker View Acres, Stalker Lake in Tordenskjold Township, requested the following:
the lot is presently classified as a substandard lot size for building. I would like a variance granted to have
the lot reclassified as a buildable lot. The audience was polled with no one speaking for or against the
request. After consideration, motion was made by Steve Schierer, second by Cecil Femling and
unanimously carried, to classify Lot 3, Stalker View Acres as a buildable lot. The granting of this variance
as requested will provide the applicant with a reasonable use of his property.
Randall Christiansen - Denied. (7:52 p.m.)
Randall Christiansen, part of the Southwest Quarter of the Northeast Quarter, Section 22 of Parkers Prairie
Township by Lake Adley, requested the following: I applied for a building permit and cannot get one
because my sewer system was condemned. I do not have a problem with installing a new sewer system.
But the City of Parkers Prairie is planning on annexing my property and at that time city water and sewer
will be available to my property. The City Administrator told me that the annexation process would be
completed in approximately two-years. My request for a variance is one of economics. I don’t want to
have to pay for a new sewer system and then in two years have to hook up to the city’s system. April 2,
2003 Meeting -The audience was polled with no one speaking for or against the request. An email from
David Campbell, Parkers Prairie City Administrator, in support of the applicant’s request was read for the
record. Due to weather conditions the applicant was unable to attend the public hearing. After
consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to
tabled this variance request until the May 1, 2003 Board of Adjustment meeting so long as the applicant
provides, by April 10, 2003, a written statement authorizing the Board’s action to table this hearing,
otherwise, the variance as requested by the applicant is denied. April 10, 2003 Meeting - After
discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and carried
with Paul Larson voting no, to deny the variance as request as no adequate hardship had been shown. It
was noted that this is a health related issue and that the granting of a variance would not be appropriate
and would establish precedence. It was also noted that there is an alternative for the property owner and
that the proposed annexation, which was discussed is not sometime that will immediately happen.
Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant must be present at the scheduled hearing.
To Whom It May Concern:
James and Margaret Huebsch
do Kent D. Mattson, Attorney
110 North Mill St.
Fergus Falls, MN 56538-0866
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
Thursday, April 10, 2003, at 7:00 p.m..
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s
office prior to the date of the public hearing.
The property concerned in the application is legally described as
Part of the North Half of the Southeast Quarter,
E911 Address - 42475 State Highway 78
Section 22, Township 136, Range 39 - Township Name - Perham
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is:
the following: Applicants have entered into a purchase agreement to sell a portion of their tract of land to
Productive Alternative, Inc., owner of an adjacent tract, for the subject tract to be included as part of the
Productive Alternatives, Inc. tract. A variance is requested from Section VII of the Subdivision Controls
Ordinance and a variance from the Subdivision Plat requirements to convey a 50’ by 200’ portion of the
applicant’s tract of land using a metes and bounds legal description to the adjacent landowner’s parcel. The
applicant will retain the balance of the applicant’s existing parcel. A copy of the survey drawing showing the
applicant’s tract, the tract involved in the variance application and the tract of Productive Alternative, Inc. is
on file in the County Auditor’s office. Because the proposed tract to be conveyed would be attached to an
existing tract, variance, is also requested from the requirement there be adequate area for two septic
systems and adequate access to a public road for the tract to be conveyed. The variance requested is to
create two parcel of less than 2.5 acres in size.
Wayne^Ste4M/
Board of Adjustment Secretary
Date: March 14, 2003
ACKNOWLEDGEMENT
I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE
OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING
COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT
BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL
USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS
A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY
TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60
DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.I
UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60
DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT
TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO
WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR
THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT
TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY
APPLICATION.
rECEWED
FEB % 7 200^
/
February 24. 2003
DATED APPLICANT 8i RESOURCEiames Huebsch
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1®'^ & MCH
FORMLTRS/6 ODAYACK
OTTER TAIL COUNTY
Fergus Fails, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 17th, day of March, 2003 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
James C. and Margaret Huebsch, 42475 State Highway 78, Perham, MN 56573-8957
Kent D. Mattson, Attorney, % Kent D. Mattson, 110 N. Mill St., Fergus Falls, MN 56538-0866
Roberta Sachs, Twp Clerk of Perham, 45257 Jack Pine Dr, Perham, MN 56573
Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Rod Boyer, 51127 E Wymer Lake Rd., Frazee, MN 56544
Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: March 17th, 2003
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
^ .
RQHALD L DIAME FRITCHMAM
424it3 43'5TH AVE
RERHAtt, HM 56573-6917
JUSTIR i MEGAN KIRCHENWIT2
42366 439TH AVE
PERHAM, MM 56573-6917
PERHAM COOP CREAMERY A33M
PO BOK 247
PERHAM, MN 56573-0247
FRESONKE BROTHERS LLC
PO BOM
Pt-.-ihAil, .IN 3o:j/->-'.J I. i. *4
JUN J i LULA dAuhrlANN
lOUN:V liiUHWAY 33
FRA2EE, MN 56544-6720
-NEAL P. i MAMINE J SHAW
34254 STATE HIGHWAY 106
DENT, MN 56526-9151
JAME5 C L MARGARET HUEB3CHV •
42475 STATE HIGHWAY 78
PERHAM, MM 56573-8957
JAMES A LGER2EL;
41329 HARVEST AVE
PERHAM, MM 56573-8945
MARLO SONNENBERG
PG BGX 333
PERHAM, MM 56573-0333
PRGDUCTIVE ALTERMATIVES £MC
1205 TGWER RD M
FERGUS Falls, mm 56337-1077
PAUL M A DEBORAH M SONMEMBERG
42365 STATE HIGHWAY 78
PERHAM, MM 56573-8957
MICHAEL JOHN YOCUM
43823 425TH ST
PERHAM, MM 56573-8918
MORMaN i PHYLLIS MEYER TsT
4248 UARMEL AVE £
MESA, AZ 85206-1911
GEMEVIE'/E E KJORLIEM
805 3RD AVE SE
PERHAM, MM 56573-1733
ALAH J A JEAM M SEIFERT
42399 439TH AVE
PERHAM, MM 56573-8917
CITY OF PERHAM
PG 3ui< 130
PEkham, mm
CHARLES A HOFIUS
42369 439TH AVE
PERHAM, MM 56573-8917
SIEVE A i KAi n nt.i_LjARD
424SS SfAi'S H1UH»<AY 7a
PERHAM, MM 56573-8957
PEMBERTON, SORLIE, REFER & KERSHNER, P.L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
Office Also
First National Bank Of Henning
Henning, MN - Thursday 1-3
Telephone: 218-583-2933
Richard L. Pemberton, Sr.*
Oscar J. Sorlie*
+++ Stephen F, Rufer*
+ H. Morrison Kershner*
++ Robert W. Bigwood
Michael T. Rengel*
Kent D. Mattson
Robert O. Blatti
Kristi A. Hastings
LAW OFFICE BUILDING
110 NORTH MILL STREET
P.O. BOX 866
FERGUS FALLS, MINNESOTA 56538-0866
TELEPHONE: 218-736-5493
FAX: 218-736-3950
www.ferguslaw.com received
i-tB ?. 5 2003
resource
Land and Resource Management
Otter Tail County Courthouse
121 West Junius Ave., Suite 130
Fergus Falls, MN 56537
February 25, 2003
Variance Application for Huebsch Property
in Perham, Minnesota
Our File No. 2001-1888
IN RE:
Dear Sir or Madam:
Enclosed herewith for filing are materials concerning a variance
application by James and Margaret Huebsch in order that Mr. and
Mrs. Huebsch may complete a sale of certain of their land to land
adjoining the tract owned by Productive Alternatives, Inc.:
1. Completed application form;
2. Scale drawing (original plus 6 copies);
3. $175.00 application fee.
I know that the meeting date and overflow date are March 27 and
April 3, respectively. I am on vacation April 3 out of state
and I would request that if at all possible, this matter be
scheduled for the March 27 meeting date. I am planning to
attend the meeting to answer any questions the Board might have
concerning this transaction so I would very much appreciate it
if this matter could be scheduled to accommodate the conflict in
my vacation schedule.
Would you please copy me on any materials sent to Mr. and Mrs.
Huebsch concerning this matter. Please also let me know if you
need any further information.
Sincerely/
. /
D. Mattson
My
Enclosurespc: Mr. and Mrs. James Huebsch
*AIso licoiisi'd in North Diikotn
if'ivil Triiil Speoiiilist cortificd hv tln' Miiiiiosota State Bar Association
I) Heal Property Ijinv Spcadalist certified by the Minnesota State Bar ,\sso< iation
+++Civil Trial Specialist certified by the National Board of Trial AdvociU'y and Miiuiesota State Bar Association
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph; 218-998-8095 Ext. 225
Otter Tail County’s Website: www.co.ottertail.mn.us
February 27, 2003
Kent D Mattson
Law Offices
PO Box 866
Fergus Falls MN 56537
RE: Variance Application, James & Margaret Huebsch, Non-Shoreland (51000220162001)
Dear Mr. Mattson:
This is to confirm the phone conversation I had with “Tracy” from your Office (February 26,
2003). At this time, I discussed the following issues:
1. The Legal Description on the Application needs to indicate the existing description of
the parcel being considered (not the description of the proposed split).
2. The drawing needs to clearly show the existing parcel (the scaled drawing does not
show the existing lotlines).
3. The drawing needs to show existing structures and septic systems.
4. The Specify Variance Requested portion of the Application needs to state the size of
the parcel being split off and the size of the parcel being retained as stated on your
survey. This portion of the Application needs to specify the noncompliant request.
Also, as a reminder, there must be 6 “copies" of the material you want the Board of
Adjustment Members to receive (i.e. you only included 1 survey drawing).
Once these issues have been addressed you may file the Variance request. If you have
any further questions, please contact our Office.
Sincerely,
Marsha Bowman
Office Manager
PEMBERTON, SORLIE, REFER & KERSHNER, P.L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
Office Also
First National Bank Of Henning
Henning, MN -Thursday 1-3
Telephone: 218-583-2933
Richard L. Pemberton, Sr.*
Oscar J. Sorlie*
+++ Stephen F. Rufer*
+ H. Morrison Kershner*
-H- Robert W. Bigwood
Michael T. Rengel*
Kent D. Mattson
Robert O. Blatti
Kristi A. Hastings
LAW OFFICE BUILDING
110 NORTH MILL STREET
P.O. BOX 866
FERGUS FALLS, MINNESOTA 56538-0866
TELEPHONE: 218-736-5493
FAX: 218-736-3950
www.ferguslaw.com received
u Q 9, 5 2.003Land and Resource Management
Otter Tail County Courthouse
121 West Junius Ave., Suite 130
Fergus Falls, MN 56537
i-
ijvMD & RESOURCE
February 25, 2003
Variance Application for Huebsch Property
in Perham, Minnesota
Our File No. 2001-1888
IN RE:
Dear Sir or Madam;
Enclosed herewith for filing are materials concerning a variance
application by James and Margaret Huebsch in order that Mr. and
Mrs. Huebsch may complete a sale of certain of their land to land
adjoining the tract owned by Productive Alternatives, Inc.:
Completed application form;
Scale drawing (original plus 6 copies);
$175.00 application fee.
1.
2 .
3 .
I know that the meeting date and overflow date are March 27 and
April 3, respectively.
and I would request that if at all possible,
scheduled for the March 27 meeting date,
attend the meeting to answer any questions the Board might have
concerning this transaction so I would very much appreciate it
if this matter could be scheduled to accommodate the conflict in
my vacation schedule.
I am on vacation April 3 out of state
this matter be
I am planning to
Would you please copy me on any materials sent to Mr.
Huebsch concerning this matter,
need any further information.
Sincerely,
and Mrs.
Please also let me know if you
'V^'^4: D. Mattson
tdy
Enclosurespc: Mr. and Mrs. James Huebsch
‘Also licc.iiscd ill Nort-li Dakotii.
iCivil Trial Specialist cei-tified l)v tlie .Miiiucsota Sta.to Bar .Association
i+Boal Propertv Law Specialist certified by I,lie .Minnesota State Bar .Association
Civil Ti'ia.l Specialist certified by the National Board of 'Frial Advocaev and Minnesota, State Bar .Association-F-1-1
/
PEMBERTON, SORLIE, RUFER & KERSHNER, PLLP
5728
CHECK
INVOICE #AMOUNT DEDUCTIONDATEDESCRIPTION NET AMOUNT
5042.00 OTTER TAIL COUNTY TREASURER
02/24/03 variance APPLICATION FEE -
PRODUCTIVE ALTER.175.00■ 175.00
CHECK DATE CONTROL NUMBER
TOTALS ►0.00 Net:175.00175.00 Ded:02/24/03 Gross:5728
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5738=a.r-/.‘T ,L'
COMMUNITY FIRST national BANK -
, FERGUS FALLS. MNi56538-0136 _75-96-912-|,;:lV ■
PEMBERTON, SORLIE, RUFER :
& KERSHNER, PLLP.
. ATTORNEYS AT LAW.„r.::.r.,;:..Ji10N. MILL STREET ' ,,
FERGUS FALLS, MN 56538-0866-
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ORDER
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iiOTTER TAIL COUNTY TREASURER ' - OTTER, TAIL COUNTY COURTHOUSE
JUNIUS. AVE.
FERGUS FALLS MN 56537
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE RECEIVED
FEB 2 5 2003COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us LAND & RESOURCE
$175.00Application Fee
COMPLETE THIS APPLICATION IN BLACK INK . Receipt Number ^
Accepted by / Date ;
DAYTIME PHONE (218) 346-5781 Kent D. Mattson, Attorney - . (218) 738-3W3
MAILING ADDRESS c/o Kent D. Mattson,. 110 North Mill St.,. Fergus Falls. MN 56538-0866
James and Margaret Huebsch ...PROPERTY OWNER
N/AN/A LAKE CLASS M/ALAKE NUMBER_
' 22'
LAKE NAME_
TOWNSHIP 136 RANGE 39 TOWNSHIP NAME PerhamvSECTION.
PARCEL
NUMBER
E-911ADDRESS A2475 State Highway.7851-000-22-0162-001
LEGAL DESCRIPTION '
See attached' Exhibit A
,:i -
TYPE OF VARIANCE REQUESTED (Please Check)
: Sewage System____: Subdivision X Cluster ' Misc.
SPECIFY VARIANCE REQUESTED ^ ,
Applicants.have entered into a purchase agreement to sell a portion of their tract of land to Productive'-Alternatives, ;Inc., ot-mer of an adjacent tract, for'.'the subject tract to be
included as part of the Productive Alternatives, Inc. tract. A variance', is requested from Section VII of thesSubdivisidn Controls Ordinance and a variance from the Subdivision Plat- Requirements to convey a 50 ft. X'200 ft. portion of applicant's tract of land using;a metes and bounds legal description to the adjacent landowner's parcel.. The balance of
the applicant's existing parcel mil be retained by the applicant. A copy of the survey drawing showing the applicant's tract, the tract involved in the variance■application, and
the tract of, Productive'Mternatives, Inc. is attached as Exhibit B . Because the proposed tract to be conveyed.would be attached to an existing tract, variance is also requested from the reuqirement there be adequate area for two septic systems and adequate access to a public road for the tract to be conveyed. The legal description for the tract to be conveyed is. attached as Exhibit A. ,^ -
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCeSUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONT^T LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
Structure Setback Structure Size
4 February 24, 2003_______Signature of property ownerJames Huebsch DATE/\(.
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
EXHIBIT A
FEB 2 5 2003
lANIU RESOURCE
Jim Huebsch - 10,000 square foot tract being deeded to the property owner to the west
Land description:
That part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 136
North, Range 39 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described
as follows:
Commencing at a found iron monument which designates the northeast comer of said
Northeast Quarter of the Southeast Quarter; thence South 00 degrees 28 minutes 52 seconds
West 33.00 feet on an assumed bearing along the east tine of said Northeast Quarter of the
Southeast Quarter; thence North 89 degrees 38 minutes 15 seconds West 275.00 feet parallel
with the north line of said Northeast Quarter of the Southeast Quarter to the point of beginning;
thence continuing North 89 degrees 38 minutes 15 seconds West 50.00 feet along said parallel
line; thence South 00 degrees 28 minutes 52 seconds West 200.00 feet parallel with the east line
of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 38 minutes 15
seconds East 50.00 feet parallel with the north line of said Northeast Quarter of the Southeast
Quarter; thence North 00 degrees 28 minutes 52 seconds East 200.00 feet parallel with the east
line of said Northeast Quarter of the Southeast Quarter to the point of beginning. The above
described tract contains 0.23 of an acre (10,000 square feet).
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SURVEYORS: SKETCH
IN N.E. 1/4 - S.E. 1/4
IN SECTION 22 - 136 -39
OTTER TAIL COUNTY, MINN.
RECEIVEDI
EXHIBIT B
FEB 2 5 Z003I• (>
No.56-5
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I EXISTING PUBLIC/'U ROAD
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50.00, . 115.00'171.19'Pi::I 103 8/
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Tract B :
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STATE HiGHWAY R/G.HT
OF WAY PLAT Nc.56-5
NOTE : Tract A -i is
De/ng at focMed • fo
Troct A I
Owner Trocf 0 and
Seller of Troct A - !
Jim Huebsch
42475 State Hwy 76
Perham, Mn 56573
LEGEND
• = Monumenis of record
Orienlalion of this bearing system
is assumed.
Scale: I inch,= 100 feel V
0 graphic lOO scale 200 Revised 1/29/03 fcr 5C--tract.
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5'r/50Scale:.grid(s) equals .feet, or Inch(es) equals .feet
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
X 100 =.%Li'-Total Impervious
Surface Onsite
(FT2)
Total Lot Area
(FT2)t .
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DatedSignature
BK — 0500 — 029 304 678 * Victor Lijndsen Co.. Printers * Fergus Fens. MN * 1-800-346-4870
Print Key Output Page 1 02/26/03 11:47:285722SS1 V5R2M0 020719 OTTER
Display Device
User ....QPADEVOOOFMBOWMAN
Inquiry - General Summary (A)RECAP Collection System R 51000220162001 Calc thru:38257
RCB310M1R 2/26/2003 MP#: R 51000220162001
LMV131,400
2004 Mod?
Taxpayer JAMES C & MARGARET HUEBSCH 42475 STATE HIGHWAY 78 PERHAM MN 56573-8957
Deeded acres
1.48
Total: EMV
131,400Dist: 5101 TIE Dist: Plat :Sect BlockTwnshp Range 136S 200' OF N 233' OF E 440' OF Nl/2 SEl/4 EX HWY EX TR
HSTD
LotAlternate22039 Subd:♦MOREEscrow RESIDENTIALProp Address
42475 STATE HWY 78 PERHAM MNOriginal 56573-Ad j / Chg Unpaid BalPaymentsTNet Tax Special Asmt Tot before P&I Penalty
Interest Fees* ‘TotalsF2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=CAMA Y=CMP