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HomeMy WebLinkAbout54000120085000_Variances_04-07-1988APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA *>♦ Receipt No. Application Fee $673683 4tary Estate/ c/o Olga O'Donnell Phone;Owner: First MiddleLast Name 56515Battle Lake/ MNRt_l City Zip No.Street & No.State Lake ClassN.A.Lake NameLake No. 6T- OUf/31Twp.Twp. NameSec. Range Legal Description:Block No. fee? Lot No. Part of the NE^NW^ of 12-131N-41W XOT'a J;ctV* c’■ r* ui prr Sub-Division Name; ^1983 Parcel Number AppfiSant^°*i^^°as£Lng^' for a variance frcxn those provisions of the sx±idivision controls ordinance requiring any si±division of real property to be a least two and one-half (2%) acres. This is found under the ordinance in Section I General Provisions, 4 corpliance. The applicant is the duly appointed and qualified personal representative of the estate of Weu.’y H©#£. The last will and testament of Mary Hoff has been admitted to probate by one of the Judges of the District Court in and for Otter Tail County. A copy of the will it attached. A portion of that will provided that one-half acre, including the house and garage, given in a life estate to her daughter, Agnes Benhardus and the remainder to her son, Joseph Hoff. The remainder of the imnediately surrounding farm real estate was given to Joseph Hoff in fee. I am advised by my attorney that upon the death of Agnes Benhardus the life estate will be extinguised and the entire interest will be owned by Joseph Hoff. The variance requested is then of tenporary nature only. Because of the nature of the land, the location of the house and garage in ccmparison to the other out buildings it is not feasible nor practical to include more than the approximate one-acre of land in the parcel. On behalf of the estate, I requesting a variance fron the application of the 2k acre subdivision standard as contained in the subdivision controls ordinance. In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICIANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. I understand I must contact my township in order to determine whether or not any additionai variances and/or permits are required by the township for my proposed project. MARY HOFF ESTATE By; Olg/ O'E 19 88FebruaryApplication dated. Signature of ApplicantDonnell/ Personal Representative. —DO NOT USE SPACE BELOW— 'y>\o d?' fj% Date of hearing 19.Time M. Court House, Fergus Falls, MN. 56S37 ikL-th1DEVIATION APPROVED this_____ (OR 4 TTACHED) REQUIREMENTS: day oL 19 WITH THE FOLLOWING cJr^ Otfice of County Recoiier County of Otter Tail I htnSy ctrWy Ml Mm sMtm Mn- «)t oiiiM tor msM. AppiLOved - hcuidikip being a. unique Tiiluallon Involving estate., subject to a AuAveyoA.'& dfiawing being submitted.an ' X ■•ctoak meal WK AO 19 L.. g ■Signature:,. Chairman Otter Tail Board of AdjustmentOctMlyMKL 0408 001 231.616 — Victor Lundeen Co . Printers, Fergus Falls, Minnesota Tr I CERTIFICATE OF SURVEY ’ -i1 1! 1FART OF NEI/4.NWI/4 SECTION 12 .TOWNSHIP 131 NORTH.,RANGE4I WEST OTTER TAIL COUNTY, MINNESOTA i 1 j ^ 1 i 1A \ I j ■I ooC.S.A.K 12If)m LEGAL DESCRIPTION i t i !That part of the Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4), Section 12, Township 131 North, Range 41 West, Otter Tail County, Minnesota described as follows: EAST■■*1446.56"'t C.S.A.H. *12 EAST I•v 1 Commencing at the northwest corner of said Section 12; thence East, assumed bearing along the north line of said Section 12, a distance of 1446.56 feet; thence South 50.00 feet to the south right-of-way line of County State Aid Highway No. 12; thence southeasterly 141.22 feet along a non-tangential curve concave to the northeast having a central angle of 45 degrees 37 minutes 55 seconds, a radius of 177.32 feet, a chord bearing of South 26 degrees 56 minutes 24 seconds East, and a chord distance of 137.52 feet to an iron pipe monument, the point of beginning of the tract to be described; thence continuing along said curve, a distance of 124.55 feet, said curve being concave to the north having a central angle of 40 degrees 14 minutes 42 seconds, a radius of 177.32 feet, a chord bearing of South 69 degrees 52 minutes 36 seconds East, and a chord distance of 122.01 feet to an iron pipe monument; thence East, tangent to last described curve, 26.80 feet to an iron pipe monument; thence North 164.57 feet to an iron pipe monument on the south right-of-way line of said C.S.A.H. No. 12; thence West 141.36 feet along the south right-of-way line of said C.S.A.H. No. 12 to an iron pipe monument; thence South 122.60 feet to the point of beginning containing 0.50 acres, more or less. ) N. LINE SEC.I2,TWPI3IN.,R.4IW,NW COR. SEC.I2-I3I-4I oT I ^ B18 inO m IlO I SOUTH R/WLINE C.S.AH. *12I I WESTIEAST 1 I 1 Together with a 20.00 foot easement for ingress and egress over that part of the Northeast Quarter of the Northwest Quarter (NE 1/4, NW 1/4), Section 12, Township 131 North, Range 41 West, Otter Tail County, Minnesota described as follows: 11 IICommencing at the northwest corner of said Section 12; thence East, assumed bearing along the north line of said Section 12, a distance of 1446.56 feet; thence South 50.00 feet to the south right-of-way line of County State Aid Highway No. 12, the point of beginning of the easement to be described; thence southeasterly 265.77 feet along a non-tangential curve concave to the northeast having a central angle of 85 degrees 52 minutes 37 seconds, a radius of 177.32 feet, a chord bearing of South 47 degrees 03 minutes 42 seconds East, and a chord distance of 241.59 feet to an iron pipe monument; thence East 26.80 feet, tangent to last described curve, to an iron pipe monument; thence South 20.00 feet; thence West 26.80 feet; thence northwesterly 297.19 feet along a tangential curve concave to the northeast having a central angle of 86 degrees 17 minutes 44 seconds, a radius of 197.32 feet, a chord bearing of North 46 degrees 51 minutes 07 seconds West, and a chord distance of 269.89 feet to the south right-of-way line of said C.S.A.H. No. 12; thence East 20.04 feet, not tangent to last described curve, along the south right-of-way line of said C.S.A.H. No. 12 to the point of beginning containing 0,14 acres, more or less. i < ; X It—flC o 5 z ■ Subject to easements, restrictions or reservations of record, if any. I 1 1 i IN1 I I • DENOTES FOUND IRON MONUMENT O DENOTES IRON MONUMENT PLACED ORlENITtON OF THIS BEARING SYSTEM (S ASSUMED REQUESTED BY: IOLGA ODONNELLI hereby certify that this Survey, Piar or Fieport was prepami by me or under my direct supervision and that I am a duly Registered Land Surveyor yrnier the laws of the State of M i nnesota. C^H;:241.59'EAST 1I■Qi-DATE: NOV. 19,1987PART OF NE 1/4, NW 1/4 SEC.I2,TWPI3IN.,R.4IW. OTTER TAIL COUNTY, MN. O Io *- Po o SCALE: I =20 FEET I DRAWN BY: R.R.w.20 10 0 4020 26B0‘“ I CHECKED 8Y:J.W.F ---------James K. l^iwlds ___iSCALE r= 20 FEET JOS NO, 87F038WESTi 1 1,8 I 6 jUlJ..Dat e : * LAND SUR\^yORS P.O. Box 424, Fergus Falls, Minnesota 56537 PHONE: 218-736-5986 ,V 1 5 2 3®iII an6 ®f0tat ;ntt-V ■ CF MARY HOFF I, Mary Hoff, Otter Tail County, Minnesota, do make, pidslish and declare this my last will and testament, hereby revoking all former wills and codicils I have made. DECEIVED FEB 2 6 1983 ARTICLE I. ADMINISTRATION I direct ity personal representative to pay from the residhary portion of my estate as an e^qsense of ackninistration, without right of relirixirsement! lAND & RESOURCF All inheritance and estate taxes, including interest and penalties, levied by reason of iry death, whether or not occasioned by transfers of property under this will. All allowable claims and eogsenses of administration including the expense of ny last illness and funeral; and, if not otherwise provided for, to purchase a cemetery lot, provide for its perpetual care and arrange for the erection of a suitable grave marker. A. B. I ARTICLE II. FAMILY I hereby record that I have been married twice having survived both husbands and that I have the following children: Eleanor Bothun, Mildred Holmen, Olga O’Donnell, Agnes Denhardus, Robert Hoff, Marian Heiagenson, Joseph Hoff, Franklin Hoff and one son, Donald Benhairdus, who has predeceased me leaving no lineal descendants. AFTICU: III. TANGIBLE PERSONAL PBDPERTY personal representative shall follow the instructions I leave directing the distribution of my tangible personal property not otherwise disposed of in this will. Such instruction will be in ny handwriting or will be signed by me describing the items and naming the beneficiary. If I do not leave separate Instructions this article shall lapse aixl becotie part of ny residuary estate. ARTICLE IV. SPECIFIC BEQUESTS I give, bequeath and devise to iry son, Jos^^ Hoff, at^ blanaoe remaining at the time of ny death on a cert^dn promissory note now held by me and dated April 1, 1982 and bearing interest at the rate of six percent (6%) per annum. In addition, I specifically give, bequeath and devise to ny son, Joseph Hoff, all of the real estate in Otter Tail County, Minnesota described as the Northwest CAarter of the Northeast Mary Hoffp V ^ 1 ■\yuiM6 . bc( I'ja r re ^ 10/27 111 fTron I rviciF ( 67 C^l KlblW)A fit\ L I,I . .1. >>• - rj t «>■■» •• -^, Quarter^{W^W0!irrand the Norths Ouarter of the Northwest Quarter (NE^liNHH) and excltxilng the house, garage and one-half (>j) acre of real estate which^^^f^rect be surveyed and wWch house, garage and one-half (*j)‘aace of real’*estate I give to ny daughter, Agnes Benhardus, a life estate with the remainder interest to ny son, Joseph Hoff. ■*» .I.give, bequeath and (^i« ,ln,shares of substantially equal value to ny children as named in this will', specifically excluding ny son, Joseph Hoff., ARIICU: y. RESIDUE ,t rw . ' • -'•* •; r, ■' ' / r ' . 1, .. { ! .» V if ■ :;* •\ M 1 • IARTICLE VI., , SREXrtFIC POWERS OF PERSONAL,REPBESBNTKTIVE, Except for the items specificedly devised, I authorize the personal representative as named in this,will to sell, vhether at public or private sale,' any or all Of the assets of ny estate upon such terms as the personal representative may deem a^isable in his own judgment. i .4 APnCLE VII. PERSONAL REPRESENTATIVE I hereby appoint Olga O'Donnell, to serve as personal representative of iry estate. I request that no bond be required of ny personal representative. My personal representative shall not be liable for any loss or damage resulting fron decisicM^m^;pr,a^op^teken by ny personal representative in good faith, and no successor personal representative shall be liable for the acts of a predecessor. i- • i, 1>- A ' 1 , f .! 1* V ■ ‘ f.’ rt. ■ r''‘ I •. .1 A; • . ■ 1 • '»j;v.' 1 IN WITNESS WHEREOF, I have hereunto set ny hand this 19th day of l^il, 1982. IV Mary Hoff, Testatrix ! The foregoing instrument consisting of two typewritten pages including this page, each page bearing the signature of the testatrix, was signed and published ty said testatrix as her last will and testament in the presence of us whom, at her request. In her presence and in the presence of each other, have hereunto subscribed our names as witnesses. We each certified that at the time of execution of this will, the testatrix was mentally cerpetent and acting voluntarily. 2 V residing at Grant Ccunty, Minnesota residing at Grant County, Minnesota STATE OF MINNESOTA ) ) SS )ccmry of grant we, Mary Hoff, Janet M. Johnson and Janice Elllngaon testatrix and the vriLtnesses, respectively, whose names are signed to the attached or foregoing instnment, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly or directed another to sign for her and that she executed it as her free and voluntary act for the purposes therein expressed; and that each of the witnesses in the presence and hearing of the testatrix signed the will as witnesses and that to the best of their kncvledge, the testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue Influence. , the la Subscribed, sworn to and ackncwledged before me by Mary Hoff, testatrix, and subscribed and sworn to before me by Janet M. Johnson and Janice Elllngaon , the witnesses, this 19t ly of April, 1982. notary public • MINNESOTA GRANI COUNiV My Commistlon [xfini Wiy 21, ISS2 z' 3 ) MiriiJTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT April 7, 1988 The Otter Tail County Board of Adjustment met Thursday, April 7, 1988, with the following persons present:CALL TO ORDER George Walter Dan Oehler David Trites Carl T. Johnson John Everts Craig Anderson Wm. Kalar, Land & Resource Management David Hauser & Waldemar Senyk, Assistant County Attorneys Chairman Walter called the meeting to order at 7:00 p.m., and hearing no additions or corrections to the minutes of the March 3rd meeting, declared same approved as mailed. The following applications for variance were considered. Donald Benhardus , Dalton, MN, requested permission to split a parcel of one-half acre from the NE>aNW>s of Section 12, Saint Olaf Township, representing the Estate of Mary Hoff, on behalf of Olga O'Donnald & Joe Hoff. After consideration, motion was made by Craig Anderson, seconded by Dan Oehler and unanimously carried, to grant approval, hardship being a unique situation involving an estate, subject to a surveyor's drawing being submitted. Henry & Eveline Mueller, Battle Lake, MN, request permission to split a parcel, adding 60' of lake frontage to an existing substan­ dard lot, retaining 600' of lake frontage with less than 2.5 acres, out of G.L. 7, Section 24/25, Everts Township, on Molly Stark Lake. After consideration, motion was made by Carl Johnson, seconded by Craig Anderson and unanimously carried, to approve the variance, hardship being an improvement over existing situation, contingent upon a surveyor's drawing with adequate descriptions for use by the Auditor's office. MINUTES APPROVED /MARY HOFF ESTATE .fOON BENHARDUS M APPROVED HENRY & EVELINE MUELLER APPROVED Sherman Mandt, Perham, MN, requested permission to make four parcels into two parcels out of G.L. 1 and Lot 1 of Twin Oak Heights on Big Pine Lake, Sections 17/18, Pine Lake Township. The applicant did not appear. Motion was made by David Trites, seconded by Craig Ander­ son and unanimously carried, to table until Mr. Mandt can appear. SHERMAN MANDT TABLED Anna Kuchera, Wahpeton, ND, requested permission to construction a 14' X 18' addition to combine dwelling and guesthouse, requiring variance from lot line and lake, on Lot 10, Linberlong Beach, Amor Township on Otter Tail Lake. Robert Madsun, builder, and Mr. Dahl, nephew of the appl leant, appeared on her behalf. motion was made by John Everts, seconded by David Trites and unani­ mously carried to deny variance, no hardship shown, to allow would cause obstruction of view on an already overbuilt lot. ANNA KUCHERA DENIED After consideration. Gordon Bakken, Fergus Falls, MN, requested permission to construct a 26' X 26' garage on Lot 2, Isaacson's Add'n to Augustana & Jonelsa Beach, Amor Township, on Otter Tail Lake, 3' from lot line. After consideration, motion was made by Craig Anderson, seconded by JOhn Everts and unanimously carried, to deny, no hardship shown, difficulty backing boats in and out twice a year not considered a hardship. GORDON BAKKEN DENIED STATEMENT & RECEIPT OF MISCELLANEOUS COLLECTIONS AUDITOR’S OFFICE, OTTER TAIL COUNTY, MINN. fsjo 8 57 29 Fergus Falls, Minn.,I To Treasurer of said County; You will receive from /ot S0_DOLLARS, $_ _____________________________________/ V For 2T CO zs:CDTotal$ and credit the amount to the Fund Sylvia G. Bergerud, County AuditorReceived the ebove and have credited same to Steven D. Andrews, Co. Treas.By Deputy By Deputy BLISINESS RECORDS CORPORATION MINNESOTA 3002-7 OTTER TAIL COUNTY Ferj];us Falls, Minnesota 56537 NOTICE OF HEARING FOR VARIANCE APPLICANT MUST BE PitESENT AT SCHEDULED lIEAllING TO WHOM IT MAY CONCERN: Donald Benhardus Estate % Olga O'Donnell Rt. 1 Battle Lake, MN. 56515 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 or the Subdivision Controls Ordinance.The Otter Tail County Board of Adjustment will assemble 7 : 0019 88 ^ atApril 7thfor this hearing on p.m., in the Commissioners (Please use Law EnforcementRoom of the Otter Tail County Courthouse, Fergus Falls, MN. entrance) . This notice is to advise you that you may attend, the above, hearing and express your views on the variance requested. The property concerned in the application is legally described as Part of the NE^ of 12-131N-41W Donald Benhardus property St. Olaf41 '13112■ Lak e No.Sec.RangeTwp.Twp. Name Lake Name Class The variance requested is: • Requests permission to split a parcel of h acre from an 80 acre parcel for a life estate, on a,temporary basis, reverting back to the original parcel on termination of the life estate. 0March 21, 1988Dated:VBoard ff Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA) SS COUNTY OF OTTER TAIL) I Sylvia G. Bergerud, Secretary for the Board of Adjustment for Otter day ofMarch21stTail County, Minnesota do hereby certify that on the , the attached Notice of Hearing was duly served upon the following: 1, Battle Lake, Mn. 56515 1, Dalton, Mn. 56324 1988 Donald Benhardus Estate, % Olga O'Donnell, Rt. Glenn Risbrudt, Twp. Clerk of St. Olaf, Rt. Joseph Hoff, Rt. 1, Battle Lake, mN. 56515 Rt. 1, Battle Lake, MN. 56515 Rt. 1, Battle Lake, MN. 56515Olive Knutson, Gary & Barbara Ohren, Dennis Berend, County Engineer, Court House, Fergus Fal.ls,MN. 56537 Orlin Emerson, Rt. 1 Box 144, Dent, MN. 56528 Mr. Terry Lejcher, DNR, 1221^ E. Fir Ave, Fergus Falls, MN. 565 3 7 Department of Natural. Resources, Reg.i.onal Adm.i ns tra tor, 2115 Birchmont Beach Road NE, Bem.i.dj.i, Mn. 56601 Town Board cha.i rman or Clerk Board of Adjustment: Cra.ig Anderson, RR. Otterta.i l, Mn. 56571 John Everts, Route 2, Battle Lake, Mn. 56515 George. Walter, Rt. 1, Perham. Mn. 56573 David Trites, Rt. 1, Parkers Prairie, MN. 56361 Carl T. Johnson, RR. Lake Lida, Vergas, Mn. 56587 Dan Oehle.r, 516 W. Cherry, Fergus Falls, MN. 56537 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depos.i.t.i.ng the same in the U.S. Mail at Fergus Falls, Minnesota, properly addressed to each of the above named at the addresses shown above. !#■ March 21, 1988Da ted XSecre ta ry