HomeMy WebLinkAbout55000230168000_Variances_02-23-2001*
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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:
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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
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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
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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)
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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?
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^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
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OTTER TAIL COUNTY
TG670R
ACS Tax System
03/02/2001 09:25:21 Freeform Image Print COVERPAGE
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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:
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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.