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HomeMy WebLinkAbout55000230168000_Variances_02-23-2001* ■v' OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 879478 879478 I hereby certify that this instrument #_ was filed/recorded in this office for record,qn the / 2. day of (W/ / / 2001 at r.CV am^; Wen^W^ecorde, QiWfAii recordina fee ^well certificate Deputyby: La THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 ‘“COMPLETE THIS APPLICATION IN BLACK INK***go/SoApplication Fee /3>nviReceipt Number ■f^Acc,r> ) Cj DAYTIME PHONE^//f- 'Rlo2-SVPROPERTY OWNER gj-72_ADDRESS m54-? Z!LAKE NUMBER LAKE NAME LAKE CLASS ^3 Z12SECTION TOWNSHIP RANGE TOWNSHIP NAME ^<rnoOD.^nJ(^?ooa FIRE / LAKE I.D. NUMBER 9^9^21PARCEL NUMBER LEGAL DESCRIPTION U^.C.ES^ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback___Structure Size____Sewage System____Subdivision X Ciuster____Misc. SPECIFY VARIANCE REQUESTED 7/^ A-/ \o c, i'lo; tv t 3./? 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 CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. (7- 3. .3 ‘ oX S^^Nj^TtJ^E OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Appiicant Will Receive Notification As To The Date/Time Of Hearing) 7^3 &ICU-bh 7- /O0L^no6 7^^ S{3 ~0'oo /(d^o -OG^/V - 0^00 n I 'Ov //(^S-oo/ in-aiAccepted By Land & Resource L & R Official/Date V- cjf TimeDate Of Hearing Motion George Richard and Jayne Lyon - Approved with condition. Motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve the variance as requested with the following conditions: 1. a registered surveyor’s drawing must be provided, 2. the 4.7 acre parcel must be permanently attached to the 9.18 acre parcel creating a parcel of 13.88 acres. and 3. there can be no subdivisions in the future of either the 2.15-acre parcel or of the 13.88-acre parcel. It was noted that the granting of the variance as requested would limit future development in this area . ChaTrmari/Otter^ail CountySoard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No am 0/Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lundeen Co.. Primers • Fergus Falls. Minnesota Print Key Output Page 1 02/23/01 11:29:195769SS1 V4R5M0 000526 OTTER Display Device User ....QPADEV0027JTHOMPSO TC906D 10 T56 ACS Tax System Bill NO.Inquiry Taxpayer/Legal InfoNameGEORGE RICHARD & JAYNE LYON PELICAN RAPIDS MN 56572 R R 02002 Tax CodesTwn/Sch 0055 0548Spec Dist User Codes TIE DistrictAddress PAS RECORD District Code 5501 Taxpayer GEORGE RICHARD & JAYNE LYON RR 2 BOX 178 PELICAN RAPIDS MN 21438 227 56572-9420 Property AlternateLegal Description Sect/Twn/Range PlatLot/Block Deeded PT GL 4 COM NE COR OF GL 4 W 352.24 DEG W 190.82', N 63 DEG W 66',N 60 DEG W 282' TO LK, NLY ALONG SHORE LN TO N LN GL 4, E A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U 23 137 043 Escrow6.85 AC Other JAYNE LYON I TO BG S 778.36', S 42 66639 OWNER More Legal? N = CAMA More Addresses? Y Mod? Action? V f '*1 I ^hlfi.001 Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: George Richard and Jayne Lyon RR2 Box 178 Pelican Rapids, MN 56572 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 5, 2001, at 7:30 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 Government Lot 4, E911 Address - 48523 205*'' Ave Fire# Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarack, Class - RD The variance requested is: a variance to subdivide a 2.15 acre parcel from an existing 6.85 acre parcel. It should be noted that the 4.7- acre tract would be attached to an adjoining 9.18-acre parcel. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres. ulDate: March 15, 2001 Board of/Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretai7 for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 19th, day of March, 2^001 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: George Richard and Jayne Lyon, RR 2 Box 178, Pelican Rapids, MN 56572-9420 James Anderson, Scambler Twp Clerk, RR 2 Box 313, Pelican Rapids, MN 56572 Vicki Nettestad, Tamarac Lake Assoc., 514 8*'' St. E., West Fargo, ND 58078 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Fails, 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: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 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 LK RD, Frazee, MN 56544 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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 19th, 2001 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderi/d 4 CCIHGREGATIGHAL UNION GHUNCN ATTN IIAZIt WICK 21C 10Ti] AVE 3W PELICAN PAPIDS, NN GERALD R g. CATHERINE GTEINER RR 2 OOK IG ROTHGAY, ilN 56579-05205GG72-4421 W DONALD PECK GERALD TABEUT 101 NILE 5T E APT 112 PELICAN RAPIDS, NN 1434 17TN GT GW5C572-4240 V/ILLMAR, I-m 56201-2648 LARRY £. KATJJLEEN NELGESON GEORGE RICHARD 6 JAYNE LYON S07 8TH AVE E WEST FAiiCCi, HD RR 2 COX 178SCO78 2037 PELICAN RAPIDS,NN 5G572-D420 LYNNE C OLSON CARLSON NICUAEL I) JOJINSON RR 2 BOX 174 RR 2 BOX IBS' PELICAN RAPIDS, NN56572-S4I9PELICAN RAPIDS, NN 56572-941S DAVID L PAULSON DAVID L JOHNSON 2010 29TH AVE S FARGO, ND 58103-6701 liR 4 BOX 362 PELICAN RAPIDS, NN 56572 -8830 DONALD L flEREDITii WANGRUD 1644 STN AVE S 58103-2536FARGO, ND 2 _ ■ : A' I ■ 1 • OTTER TAIL COUNTY TG670R ACS Tax System 03/02/2001 09:25:21 Freeform Image Print COVERPAGE ******************************************************************************* C N C N C N C N ★★ ★ ★E L E L E L E L SON SON SON SON ★ ★ ★* *★ ★ ★★ ★ ★★ * * -k ★ * *★★ ★ ★ ★★ ★ ★** Report Selection: Freeform Type : U Freeform Number: 61 LABELS 6 Width: 35 Multiples: 1 Paper: LBLLength: Run Time Changes: NSelect Model: 95 Sort Model: 127 Summarize Keys: N Use Current Taxpayer: Y 095 SELECT UP TO 300 PARCELSSELECT MODEL 2001 ALL R 55000230168000 R 55000230168004 R 55000230165001 R 55000230165002 R 55000240171000 R 55000240171001 R 55000240175000 R 55000990703000 R 55000990704000 R 55000990705000 R 55000990706000 PAYABLE YEAR ROLL TYPES PARCELS 127 LAND&RESOURCE SORT AS ISSORT MODEL Run Instructions: Jobq Banner Copies Form Printer Hold Space L CNELSON LPI Lines CPI 6 066 1001PIYS r ■ 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. Y7 TTANTDATED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN' OCT 1^'^ & MCH 1^'^ FORMLTRS/60 DAYACK 5, 2001 Page 5 George Richard and Jayne Lyon - Approved with condition. George Richard and Jayne Lyon, Pelican Rapids, MN, requested a variance to subdivide a 2.15 acre parcel from an existing 6.85 acre parcel. It should be noted that the 4.7-acre tract would be attached to an adjoining 9.18-acre parcel. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres. The property is described as part of Government Lot 4, Section 23 of Scambler Township by Tamarack Lake. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve the variance as requested with the following conditions: 1. a registered surveyor’s drawing must be provided, 2. the 4.7 acre parcel must be permanently attached to the 9.18 acre parcel creating a parcel of 13.88 acres, and 3. there can be no subdivisions in the future of either the 2.15-acre parcel or of the 13.88-acre parcel. It was noted that the granting of the variance as requested would limit future development in this area . Roger and Dona Idso - Denied Roger and Dona Idso, Pelican Rapids, MN, requested a variance to construct a 10’ by 26’ water oriented accessory structure having a 4/12 roof pitch and a height of 12’ 6”. The property is described as Lot 8, Inlet Beach Third Addition, Lake Lida in Lida Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Mark Steuart, second by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and allowing a water oriented accessory structure with a height greater than 10’ would establish a precedence which this Board does not wish to establish. Neil Strawhorn - Tabled Neil Strawhorn, Vergas, MN, requested a variance of 94’ from the required ordinary high water level setback of 100’ for the replacement of an existing garage with a new garage 6’ from the ordinary high water level (shoreline) or for the repair/replacement of all concrete structures (foundation, floor, apron and sidewalks) associated with the existing garage, which is also located 6’ from the ordinary high water level. It should be noted that if a new garage is approved it would have the same dimensions as the existing garage. The property is described as a 7.57-acre tract in Government Lots 9 and 10, Section 26 and a .66 acre tract in Government Lot 2, Section 35 of Candor Township by Loon Lake. A letter from Terry Lejcher, Area Hydrologist, with the Minnesota Department of Revenue was read for the record. The letter noted that other alternatives are available and that the hardship necessary to grant the variance as requested was not evident. 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 table the applicant’s request until the next scheduled meeting of the Board of Adjustment which will allow the applicant an opportunity to review and consider if there is an alternative building site at least 50’ from the ordinary high water level. April 5, 2001 meeting - After consideration, a motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to table the applicant’s request until the May meeting of the Board of Adjustment for a determination by the director of the Land and Resource Department as to whether or not the applicant’s proposal is a repair of an existing structure or the replacement of the existing structure. It was noted that the applicant would need to meet with and/or provide the Director with detailed information of his plans so a determination can be made.