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Home My WebLink About55000990863000_Variances_04-01-1999THE 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*** ^ Application Fee Receipt Number 6 *5~Q ( L Va/ PROPERTY OWNER i7y- /^TeA cr v/gi^rATg ^ (^C.Tiot£ ADDRESS 47 ^0. ~5cC<:>M:^.OA.V DAYTIME PHONE_______ Pk/.((iAKl /?AP<7>^, P/IM LAKE CLASS’^T^ TOWNSHIP NAME AHABcjTR,_______ / AMLAKE NAME SECTION TOWNSHIP I A 7 RANGE PARCEL NUMBER 5343.- LAKE NUMBER A-S /ffJnFIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION ,KicJ<f Pt ZE'U N£ fit ' > Jt 'L C 4^ h£ 4/ TYPE OF VARIANCE REQUESTED (Please Check) Sewage System____Subdivision CiusterStructure Setback Structure Size Misc. SPECIFY VARIANCE REQUESTED ^ //lEreS 4 &?dPATD5 '^AChC LjOT^ Tc> ~Chi €L So I hi { U <£) V< Dfc. f^£^N\A}C-rcY AT"rAcM&l:> TO CAKe CATS, I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO RESOURCE MANAGEMENT REGARDING THIS MATTER. /J /9ffOF PROPERTY Oyi/^ER DATESIGNATURE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ■ V /Vi-\ ^ i w/ t April 1,1999 Page 2 ('6>'/oda4^ Qi^l/diCf^ <^■7^ / 't t' (fi f O m0'71 '1'iJ f'f^j’-in., fCn'(AO 'W 1t- / Accepted By Land & Resource L & R Offjcial/Date Date Of Hearing M-Time L- 3o Motion Marilyn Fergestad - Approved Motion was made by Cecil Femling, seconded by David Holmgren and unanimously carried, to approve the proposed metes and bounds subdivision with the following conditions: 1. A registered surveyor’s drawing must be provided, 2. The tracts identified as A-1 and A-2 must be permanently attached to Lots 7 and 8, Oak Haven Beach Third Addition, with an option that at a future date tract A-1 can be conveyed for permanent attachment to the property identified as Lots 5 and 6, Oak Haven Beach Third Addition, and 3. The tract identified as A-3 must be permanently attached to Lots 9 and 10, Oak Haven Beach Third Addition. It should be not^ that the granting of this variance would provide additional space for the sewer systems servicing the above referericed lots. \ Chairman/^tterYail bounty Board of A^stment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291.306 • Victor Lundeen Co . Print«r8 ■ Fergus Falls. Minnesota Wi] ^iTi&Curytj May 6,1999 Hi I Page 6 J fyartlyn FergestetT^f Rteuar^n irabstaininflje'Mar to change the following: Motion was made by Cecil Femling, seconded by David Holmgren and unanimously carried, to approve the proposed metes and bounds subdivision with the following conditions: A registered surveyor’s drawing must be provided, ’2. The tracts identified as A-1 and A-2 must be permanently attached to Lots 7 and 8, Oak Haven Beach Third Addition, with an option that at a future date tract A-1 can be conveyed for permanent attachment to the property identified as Lots 5 and 6, Oak Haven Beach Third Addition, and 3. The tract identified as A-3 must be permanently attached to Lots 9 and 10, Oak Haven Beach Third I Addition. as follows; Motion was made by Cecil Femling, seconded by David Holmgren and unanimously carried, to approve the proposed metes and bounds subdivision with the following conditions: If •1. A registered surveyor’s drawing must be provided, 2. The tracts identified as A-1 and A-2 must be permanently attached to Lot 7 and/or Lot 8, Oak Haven Beach Third Addition, with an option that at a future date tract A-1 can be conveyed for permanent attachment to the property identified as Lot 5 and/or Lot 6, Oak Haven Beach Third Addition, and 3. The tract identified as A-3 must be permanentiy attached to Lot 9 and/or Lot 10, Oak Haven Beach Third Addition. Gregory and Joanne Stich - On Thursday, January 7, 1999, Gregory and Joanne Stich received a variance to subdivide a 2.43 acre metes and bounds parcels into two metes and bounds parcels. After approval the applicants had the property surveyed and the surveyor has suggested subdividing this parcel into three tracts. It was the opinion of the Board of Adjustment that a new variance application should be submitted for consideration before a decision is made concerning the proposed three parcel subdivision. With no further business Chairman Everts declared the meeting adjourned at 10:10 p.m. uJ WaynelStein,Secretary ^April itfWfc. ^|Eage2 « Lester and Carol Oman - Denied Lester and Carol Oman, St. Louis Park, MN, requested “that lot be qualified as a standard conforming full size (40,000 sq. ft.) lot to receive a single family residential dwelling.” The property is described as Lot 3, Block 2 and an undivided 1/17 interest in Res. Lot A, Block 1, Juniper Hills, Marion Lake in Dead Lake Township. Mark Stortroen, realtor, represented the applicants at the public hearing. A letter from Ray and Darlene Guggisberg in favor of the applicants’ request was read for the record. Letters opposing the request from the following individuals were read for the record: Dave Grinnell, Richard and Janet Howells and Dale and Charlotte Metz. The audience was polled with Dale Metz and Virginia Grabarkewitz speaking against the request. After consideration, motion was made by Cecil Femling, seconded by David Holmgren and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and the applicants were referred to the Land and Resource Department to discuss revising the ordinance. ih/larilyn Fergestad - Approved w Marilyn Fergestad, ET AL, Pelican Rapids, MN, requested a variance to subdivide, by metes and bounds description, three back lots of less than 5 acres for the purpose of permanently attaching the three back lots to adjoining lake lots. The property is described as part of the Southeast Quarter of the Northeast Quarter, part of Government Lot 1, and part of the East Half of the Northeast Quarter, Section 22 of Scambler Township by Tamarac Lake. Clem Hendrickson, Surveyor, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, seconded by David Holmgren and unanimously carried, to approve the proposed metes and bounds subdivision with the following conditions: 1. A registered surveyor’s drawing must be provided, 2. The tracts identified as A-1 and A-2 must be permanently attached to Lots 7 and 8, Oak Haven Beach Third Addition, with an option that at a future date tract A-1 can be conveyed for permanent attachment to the property identified as Lots 5 and 6, Oak Haven Beach Third Addition, and 3. The tract identified as A-3 must be permanently attached to Lots 9 and 10, Oak Haven Beach Third Addition. It should be noted that the granting of this variance would provide additional space for the sewer systems servicing the above referenced lots. Judith Lien - Approved Judith Lien, Marshall, MN, requested a variance “to fill-in the corner of our cabin (2’ 4” by 9’) with a bay- window, for a larger dining area. And, if possible, extend approximately 1 foot beyond the existing foundation to match-up with the fireplace chimney.” The property is described as Lots 9 and 10, Claude Moody’s Beach, Long Lake in Elizabeth Township. Thomas Lien represented the applicant at the public hearing. The audience was polled with Zane Tassler speaking for the request. After consideration, motion was made by Cecil Femling, seconded by Mart Steuart and carried with Leona Zimmerman voting no, to grant the applicant permission to fill-in the corner of the existing cabin so long as no part of the proposed addition is any closer to the ordinary high water level than the existing structure. It should be noted that the chimney is not to be considered as part of the existing structure when determining the depth of the proposed addition. i Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom it May Concern; Marilyn Fergestad, ET Al Seifert Realty Estate and Auction 47 N. Broadway 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 Couhty Board of Adjustment will assemble for this hearing on Thursday, April 1,1999, at 6:30 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 the Southeast Quarter of the Northeast Quarter, part of Government Lot 1, and part of the East Half of the Northeast Quarter, Fire # NA Section 22, Township 137, Range 43 - Township Name -Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD The variance requested is: a variance to subdivide, by rnetes and bounds description, three back lots of less than 5 acres for the purpose of permanently attaching the three back lots to adjoining lake lots. (jiJDate: March 12,1999 Board^f Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, 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 15th, day of March, 1999 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Marilyn Fergestad, Et Al, Seifert Realty Estate and Auction, 47 N Broadway, Pelican Rapids, MN 56572 James Anderson, Scambler Twp Clerk, RR 2 Box 313, Pelican Rapids, MN 56572 Vicki Nettestad, Tamara 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 Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmbnt Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Leona Zimmerman, 418 E Lakeside Dr., Fergus Falls, MN 56537 Mark Stewart, 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 15th, 1999 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud W rnfi A i ^ ‘ r <' t «1: 4 f 'ii :¥ ^/4#/ y -• <9f.. r~~ , '/i^' <* a>VC/:7n^'cj\^ 4ft«A ; i 1 I t 1 ify th«i Mwtiji L. %n»i«h '«11 thit p«H of Onwwn'T—it 8 S«etLeQ Q and of Oovwrme* Lot 1 and tha tha lortbaaat i of ^aatioa 22, Toamhtp L37» Raafa <0 daaoribad aa falle—t poaaa only tha taat llaa of Saotlon 22 haa m asawad baarlaf of 1 2f«22* V) ja SoirtbBMt eotw of aald OovanMOt Lot 8t thnea I I|^.32*«0^ I 287.22 faati thanoa I 8 71«83-flMti thaaM I 8^. tlMMO ¥ 232.90 faott L23*-36* w I 5^13* V tl7.37 fwti thaaaa I ka^J09*J^ ¥ 257#8( 87 faHl tbanea I I3*^*O0* V 98.^2 faott thOBM I ¥ 98.00 foot to Baotarlj rlcht^pi^.20*^7* V for an ara dd.at liaat thanoa aoatlnalac llaa of CoaAtj HLtfa«j a ndlaa of 1999.8S fa ■ 22»-03*-58» ¥ 396.89 foot lo, 9t thaaaa of 95 faHi ( on aald rt.^ af nay Lia* aid balni aa art aith I3r«52*.^* ¥ for an art lai«U af 338.6. faoti tt^arlj on aatd aharaliaa to tba Laty^lonjyh a l^a prajaatad at r •. 1 1 V’" ACKNOWLEDGEMENT I-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. A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60 AS 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 THEREFORE, I HEREBY AGREE TOTO DENY THE APPLICATION. WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR iTHE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT II TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY APPLICATION. /% V DATEEf '/ THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1^'^ & MCH 1®'^ FORMLTRS/6 0 DAYACK ; /; ‘.m PARCEL A-1 All that part of Government Lot 7 and the Southeast Quarter of the Northeast Quarter of Section 22, Township 137, Range 43, Otter Toil County, Minnesota,PARCEL A-3 described as follows: All that part of the Southeast Quarter of the Northeast Quarter of Section 22, Township 137, Range 43, Otter Tail County, Minnesota, described as follows: Commencing at the East Quarter corner of said Section 22; thence assumed bearing of North 83 degrees 55 minutes 17 seconds West along the south line of said Southeast Quarter of the Northeast Quarter of Section 22, a distance of 42T 13 feet to the easterly right-of-way line of County State Aid Highway No. 9; thence North 1 degree 02 minutes 18 seconds East along said easterly right-of-way line, a distance of 672.95 feet; thence northwesterly on a tangential curve along said easterly right-of-way line, concave to the southwest, having a radius of 1939.38 feet and a delta angle 12 degrees 13 minutes 03 seconds, for an arc distance of 413.55 feet to the point of beginning of the land to be described; thence continuing northwesterly on said curve along said easterly right-of-way line, concave to the southwest, having a radius of 1939.38 feet and a delta angle 2 degrees 57 minutes 17 seconds, for an arc distance of 100.01 feet; thence North 74 degrees 57 minutes 08 seconds East a distance of 201.06 feet to the westerly line of Lakeview Drive as dedicated in the plat of OAK HAVEN BEACH THIRD ADDITION, according to the recorded plat thereof; thence South 13 degrees 21 minutes 43 seconds East along said westerly line of Lakeview Drive, a distance of 98.23 feet to an angle point in said westerly line; thence South 2 degrees 30 minutes 06 seconds East along said westerly line of Lakeview Drive, a distance of 14.25 feet to the intersection with a line which bears North 78 degrees 27 minutes 08 seconds East from the point of beginning; thence South 78 degrees 27 minutes 08 seconds West a distance of 199.62 feet to the point of beginning. Containing 21,337 square feet more or less. Commencing at the East Quarter corner of said Section 22; thence on an assumed bearing of North 88 degrees 55 minutes 17 seconds West along the south line of said Southeast Quarter of the Northeast Quarter of Section 22, a distance of 421.13 feet to the easterly right-of-way line of County State Aid Highway No. 9; '.thence North 1 degree 02 minutes 18 seconds East along said easterly right-6f-way line, a distance of 672.95 feet; thence northwesterly on a tangential curve along said easterly right-of-way line, concave to the southwest, having a radius of 1939.38 feet and a delta angle 18 degrees 07 minutes 37 seconds, for an arc distance of 613.57 feet to the point of beginning of the land to be described; thence continuing northwesterly on said curve along said easterly right-of-way line, concave to the southwest, having a radius of 1939.38 feet and a delta angle 2 degrees 42 minutes 28 seconds, for an arc distance of 91.65 feet to the southerly line of Lakeview Drive as dedicated in the plat of OAK HAVEN BEACH THIRD ADDITION, according to the recorded plat thereof; thence North 67 degrees 17 miinutes 7 7 seconds East along said southerly line of Lakeview Drive, a distance of 96.64 feet to an angle point in said southerly line; thence South 43 degrees 42 minutes 23 seconds Last along the westerly line of said Lakeview Drive, a distance of 100.27 feet to the intersection with a line which bears North 68 on an \degrees 12 minutes 11 seconds East from the point of beginning; thence South 68 degrees 12 minutes ! 1 seconds West a distance of 139.40 feet to the poini \S of beginning. Containing 10,867 square feet more or less. PARCEL A-2t R' AH that part of Government Lot 1 and the Southeast Quarter of the Northeast Quarter of Section 22, Township 137, Range 43, Otter Tail County, Minnesota, described as follows:PARCEL A-4 Commencing at the East Quarter corner of said Section 22; thence on an assumed bearing of Nortn 88 degrees 55 minutes 17 seconds West along the south line of said Southeast Quarter of the Northeast Quarter of Section 22, a distance of 421.13\ feet to the easterly right-of-way line of County State Aid Highway No. 9; thence North 1 degree 02 minutes 18 seconds East along said easterly right-of—wcy line, a distance of 672.95 feet; thence northwesterly on a tangential curve along said easterly right-of-way line, concave to the southwest, having a radius of 1939.38 feet and a delta angle 15 degrees 10 minutes 20 seconds, for an arc distance of 513.56 feet to the point of beginning of the land to be described; thence continuing northwesterly on said] curve along said easterly right-of-way line, concave to the southwest, having a mdius of 1939.38 feet and a delta angle 2 degrees 57 minutes 17 seconds, for an arc distance of 100.01 feet; thence North 68 degrees 12 minutes 11 seconds East a distance of 139.40 feet to the westerly line of Lakeview Drive as dedicated in the plat of OAK HAVEN BEACH THIRD ADDITION, according to the recorded plat thereof; thence South 43 degrees 42 minutes 23 seconds East along said westerly line of Lakeview Drive, a distance of 132.63 feet so the intersection with a line which bears North 74 AH that part of the Southeast Quarter of the Northeast Quarter of Section 22, and that part of Government Lot 8, Section 23, all in Township 137, Range 43, Otter Tail County, Minnesota, which lies westerly of the westerly line of OAK HAVEN BEACH THIRD ADDITION, according to the recorded plot thereof, lying easterly of the easterly right-of-way line of County State Aid Highway No. 9 and lying southerly of the following described line; Commencing at the East Quarter corner of said Section 22; thence on an assumed bearing of North 88 degrees 55 minutes 17 seconds West along the south line of said Southeast Quarter of the Northeast Quarter of Section 22, a distance of 421.13 feet to the easterly right-of-way line of County State Aid Highway No. 9; thence North 1 degree 02 minutes 18 seconds East along said easterly right-of-way line, a distance of 672.95 feet; thence northwesterly on a tangential curve along said easterly right-of-way line, concave to the southwest, having a radius of 1939.38 feet and a delta angle 12 degrees 13 minutes 03 seconds, for an arc distance of 413.55 feet to the point of beginning of the line to be described; thence North 78 degrees 27 minutes 08 seconds East a distance of 199.62 feet to said westerly line of OAK HAVEN BEACH THIRD ADDITION and' there terminating. Containing 429,201 square feet more or less. 0 O degrees 57 minutes 08 seconds East from the point of beginning, thence South 74 degrees 57 minutgs C8 seconds West a distance of 201.06 feet to the point of beginning. Containing 18,586 square feet more or less. SURVEYOR’S CERTIFICATE I hereby certify that this is a trje and correct representation of a survey of the boundaries of the above described land, and that this survey was prepared by me or under .my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 8th day of February, 1999. David A. ‘Anderson Land Surveyor Minn. Reg. No. 13620 P »PROPERTY OWNER CERTIFICATE \I hereby certify that the subdivided property described in the survey meets the County requirements for public road access and sewage treatment systems. j OU I 'N Property Owner/\ I ^ K A ■• •S 66-25' 46” y Uj (189.1! P,aT) V) »5 86’25’46”E 98.95 i G °o /k -o c\ > ^ ^ o (93.90 PLAT)Cl ' ^ ^ 1 V\ \ 1 OO 50 1 OO 200 300O/ C/ /\/C /■s SCALE IN FEET/N /\WETLANDo \ \ SO&TH LINE OF SE1/4 OF THE NE1/4 OF SEC. 22 SCALE: 1 INCH = 1 OO FEET BEARINGS ARE BASED ON AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED ” RLS 13620”. A DENOTES P.K. NAIL FOUND. ' N 88’55'17” W 421.13 \ ET/4 CORNER OF SEC. 22, T.137, R 43 W1/4 CORNER OF SEC. 23, T.137, R.43 \ 50’50’ H to ct ct N N' A <N <No c V) V) L O O Q; P:ISsgLs O in CERTIFICATE OF SURVEY FOR:O) o I CVJ SEIFERT REALTY & AUCTION CO.CM CURVE TABLE RADIUS LENGTH CHORDCHORD BEARING TANGENTNUMBERDELTAK O N 09'22' 44” W20' 50' 05“705.221939.38 701.34356.55Cl <N N 05'04'14” W12'13'03”413.55 412.771939.38207 56C2 FIELD BOOKCONTRACT NUMBERNN 12'39'24”W02'57' 17”100.001939.38 100.0150.0.203o NDERSON LAND SURVEYING, INC. 31 3 SOUTH MILL STREET FERGUS FALLS, MINNESOTA SeS3T CGIS) -330 —soes ALS-1 14/11N 15'36'41”W02'57' 17”100.01 100.001939.3850.02C4 387-98 N 18'26’33”W02'42'26”91.651939.38 91.6445.65C5 02'52'51"N 21'14' 12” H/1939.38 97.51 97.5048. 7.7 DRAWING NUMBERC6COMPUTER FILE 1 N 10'49'10” W23'42'56”776.47782.041889.38396.70C7 387-98 4097DWGCRD 19377