HomeMy WebLinkAbout57000050035002_Variances_08-01-1996Jm 794933
APPLICATION FOR VARIAA\7A CX^Office of County Recorder County of Otter Tail
I hereby certify that the withirt instrument was filed
for rMord in this office on the
A.D. 19^4 at
and was puly Microfilmed as Doc.#
5
Otter Tail County
Fergus Falls, Minnesota 565:
(218) 739-2271 /
day ofo-'3o.3 6^0 —Application
Fee$___II
InCounty^ecorder
Depufy — Please Complete With Bl
218-736-3039Owner: Mertz, Perry 0.Phone:
Last Name First Middle
1203 Somerset Rd^ Fergus Falls, MN 56537
Sfreef & No.City State Zip No.
.5A’-//^7 Little Pleasant Lake RDLake No.Lake Name Lake Class
Sec.A11 31Twp.Range5.Twp. Name
(V G U "J 4^ 7^^Lk)i oCi
Chj (Icl ^ I ^ Hj-
Legal Description:Fire No. or Lake ID #
Coc "^itLTiuliidti /"
5 7 - OOU - u5- 00Parcel Number
VARIANCE REQUESTED IS:That the 30' setback from the top of bluff be waved,
for the building of a new home^ a. b*vsejr\e»n+.
If the home is built at the top of the hill it would then be in line
and in style with neighboring prperties.
PROVISIONS MET IN VARIANCES FROM STANDARDS, PAGE 29
This is the only developed lot on the lake which does not have existing
structures on it. (provision A)
All hom^s on the lake currently have walkout basements, (provisions A & B)
If the house would be built with the 30' setback, (given the house wilt
be larger than the neighboring homes), it would standout, be unsightly
and would not increae property values as it would if built in line with
existing structures. (provision C)
VsJ COnsjY[/c-h\\^^lsL 9tyJckiY^
haitMo'In order to properly evaluate the situation, piease provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT 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.
Application dated .Tnly 8 19_a^. X Sigriaiure Of Applicant
e F.Time:/Date of hearing: ____
MOTION AS FOLLOWS:
Motion was made by John Everts, seconded by George Walter and unanimously carried, to approve a variance of 15’
from the required top of bluff setback of 30’ for the construction of a dwelling 15’ from the top of the bluff. There is to be
no excavation or decks within 15’ of the top of the bluff. It was noted that this is the only undeveloped lot in immediate
area. It should also be noted that there is considerable area between the toe of the bluff and the ordinary high water
level which should help to minimize run off into to the lake from any erosion that might occur.
M
Chairman
Otter Tail County Board of AdjustmentXYESPermitfs) from Land & Resource Manag^ent required:NO
' f 7?mailed copy of Application to Applicant.(Date/Initial)
BK 079B-001
277.205 • Victor Lundoan Co.. Printers • Fergus Fel.ls. Minnesota
7
August 1,1996 2
Robert Fred Deutschman - Aproved
Robert Fred Deutschman, Missoula, MT, requested a variance of approximately 50 to 60’ from the required ordinary high
water level setback of 200’ for the location of a building site approximately 140 to 150’ from the ordinary high water level.
The property is described as Lot 1A, Block 1 and Lot IB, Block 2, Larsen’s Minasha-DA Subdivision, Dead Lake in Dead
Lake Township. The audience was polled with no one speaking for or against the request. After consideration, motion
was made by George Walter to approve a 50’ variance from the required ordinary high water level setback of 200’. After
additional discussion and consideration the previous motion was withdrawn. After additional consideration, motion was
made by John Everts, seconded by Craig Anderson and unanimously carried, to approve a variance of 60' from the
required ordinary high water level setback of 200’ for the location of a building site 140’ from the ordinary high water
level. Hardship being a iow area on the applicant’s property.
Burton Leonard Nypen - Approved
Burton Leonard Nypen, Ortonville, MN, requested a variance of approximately 63’ from the required ordinary high water
level setback of 100’ for the construction of a roof over an 8’ by 20’ patio area located on the South side of an existing
structure and being approximately 37’ from the ordinary high water level. The property is described as Lot 31, Deer Lake
Beach, Deer Lake in Everts Township. The audience was polled with Perry Larson speaking in favor of the variance
application. A letter from Neal and Joyce Johnson in favor of the variance application was read for the record. After
consideration, motion was made by Craig Anderson, seconded by Robert Schwartz and carried, with John Everts and
Randall Mann voting no, to approve a variance of approximately 63’ from the required ordinary high water level setback
of 100’, as a water - oriented accessory structure, a roof over an 8’ by 20’ patio area located on the south side of the
existing structure and being approximately 37’ from the ordinary high water level and being no more than 10’ in height, it
was noted should the applicant decide to enclose this area it must be enclosed using 80% glass or screen. Hardship
being a substandard lot of record.
Carroll B. Miller - Approved
Carroll B. Miller, St. Louis Park, MN, requested a variance to be iess than 10’ from an existing lift pump and septic tank
and a variance of 5’ from the required East side lot line setback of 10’ for the construction of an 18' by 24’ garage 5’ from
the East side lot line and within 10’ of the lift pump and the septic tank. The property is described as Lot 28, Birchwood
Shores, Pickeral Lake in Maine Township. The audience was polled with no one speaking for or against the request.
After consideration, motion was made by John Everts, seconded by Craig Anderson, and unanimously carried to approve
a variance of 3’ from the required side lot line setback of 10’ and a variance of 4’ from the required septic tank setback of
10’ for the construction of a garage 7’ from the side lot line and 6’ from the septic tank. Hardship being a substandard lot
of record.
James Bodie - Denied
James Bodie, Hammond, IN, requested a variance of 10’ from the required road right-of-way setback of 20’ for the
construction of a garage 10' from the road right-of-way. The property is described as Lot 3, Block 3, Pelican Heights
Subdivision, Little Pelican Lake in Dunn Township. The audience was polled with no one speaking for or against the
request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried
to deny the variance as requested noting concerns for public safety if the garage was constructed within 10’ of the road
right-of-way. It was also noted that in the opinion of the Board of Adjustment there was adequate room to build 20’ from
the road right-of-way, 10’ from the side lot line and 30’ from the top of the bluff.
Perry Q. Mertz - Approved
Perry Q. Mertz, Fergus Falls, MN, requested a variance to construct a dwelling in the biuff impact zone. The property is
described as part of Government Lot 4, Section 5 of Sverdrup Township by Little Pleasant Lake. The audience was
polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded
by George Walter and unanimously carried, to approve a variance of 15’ from the required top of bluff setback of 30’ for
the construction of a dwelling 15’ from the top of the bluff. There is to be no excavation or decks within 15’ of the top of
the bluff. It was noted that this is the only undeveloped lot in immediate area. It should also be noted that there is
considerable area between the toe of the bluff and the ordinary high water level which should help to minimize run off
into to the lake from any erosion that might occur.
3,5 P0>
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'Vu'f 1} ^ Ud^^June 17. 1996
Department of Land & Resource Management
County of Otter Tail
Fergus Falls, MN
1 am requesting that we be allowed to build our house as designed with a walk out basement
1 was unaware of the new ordinances governing this when I purchased this lot last fall. All of the
properties on the private take have walkout basements.
There are three reference stakes for your review on the property. The house's position has been
determined to minimize damage to oak trees. The house will be located a great distance from the lake
and I do not believe it will effect runoff and we will take great care to minimize any errosion.
I would also like you to review, if 1 may fill in with soil, sand or natural rock riprap the rutes that are
near the ice ridge. This makes it very difficult for small children to get to the water and to get a boat in
and out. Given the guidelines in the ordinance book, it seems to me I can as long as I don't exceed 10
yards of material which should not be a problem.
Sincerely:
Perry Q.iMertz / 1
1203 Somerset Ro»,^_y
Fergus Falls, MN 56537
736-3039
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ALLEN HAUGRUD
108 NORTH CASCADE
FERGUS FALLS, I^INNESOTA 56537
218-739-4696
FAX: 218-739-9038
MaugrudXaw Office
August 11, 1995
Perry and Rosalinda Mertz
c/o RE/MAX Excel
1023 West Lincoln
Fergus Falls, MN 56537
TITLE OPINION - HALVORSON PROPERTY
Pursuant to your instructions I examined an abstract of title to
the following property in Otter Tail County, Minnesota, described
as:
That part of Government Lot Four (4), Section Five (5),
Township One Hundred Thirty-three (133), Range Forty-one
(41) , Otter Tail County, Minnesota, lying Westerly of the
Easterly 939.54 feet of said Government Lot Four (4) and
lying Easterly of the following described line:
Commencing at the Northwest corner of said Section Five
(5); thence on an assumed bearing of South 88 degrees 16 minutes 14 seconds East | on the Northerly line of said
Government Lot Four (4) for a distance of 205.00 feet to
point of beginning of line to be described; thence South
01 degree 20 minutes 58 seconds East 1308 feet more or
less to the shoreline of Little Pleasant Lake and there
terminating; subject to the rights of the public in
County State Aid Route No. 1, and subject to the
following two road easements:
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r A strip of land 66 feet wide to be used for
road purposes over said Government Lot Four
(4), center line beginning;at a point 233.00 feet East and 5o|. 00 feet South of the
Northwest corner of said Section Five (5);
thence due South 480.00 feet; thence South 63
degrees 26 minutes West 260 feet more or less
to the West line of said Section 5 and there
terminating.
1.
A perpetual right-of-way and easement for
ingress and egress at all times, upon, over
and across that parjt of said Government Lot
Four (4) reserved for a jointly-used access
roadway, being 66 feet in width, center line
of which IS described as follows:
2 .
■■
Commencing
at the Northwest corner; of said Section Five
(5); thence on an assumed bearing of South 88
degrees 16 minutes 14 seconds East
Northerly line of said Section Five (5) for a
on the
;
Perry and Rosalinda Mertz
TITLE OPINION -
August 11, 1995
Page Two
HALVORSON PROPERTY
distance of 238.04 feet to point of beginning
of center line to be described; thence South
01 degree 20 minutes 58 seconds East 550.00
feet; thence South 28 degrees 00 minutes East
175.00 feet; thence South 63 degrees 40
minutes 22 seconds East 491.07 feet; and there
terminating.
The abstract consisted of entries 1 to 70, inclusive; last certi
fied to 8:00 a.m. on August 7, 1995, by the N; F. Field Abstract
The abstract also disclosed searches as to judgments.Company.bankruptcy proceedings, federal tax liens, and state tax liens.
Assuming the abstract to be a true, correct, and complete record of
all instruments affecting the property, and that all of the
recitals as to the various instruments are true, correct, and
complete, it is my opinion that on the last mentioned hour and date
good record title is vested in:
JOHN B. HALVORSON and lOLENE R. HALVORSON a/k/a JOLENE R.
HALVORSON, husband and wife, as.joint tenants.
subject to the following:
The North 50 feet is subject to CountyHIGHWAY EASEMENT,
highway right-of-way (See entry 69).
1.
REAL ESTATE TAXES. The abstract revealed the last half of the
real estate taxes due and payable in 1995 was unpaid in the
amount of $58.00.
2.
ADDITIONAL COMMENTS. The abstract does not cover some matters
and you should conduct further investigation concerning them.
Your attention is directed to the Additional Comments attached
hereto for items which may require an independent
investigation.
3.
The following documents are neededREQUIREMENTS FOR CLOSING,
for closing:
4 .
Deed from the above record owners to you.
Easement agreement for any common driveway providing you
with access to the property; or any common well.
To assure there are no ichanges of record, immediately
before closing you or someone on your behalf should
contact the County Recorder's office regarding any deeds,
mortgages, federal-or state tax liens, or any other liens
record since the abstract was last continued; and the
Court Administrator's office concerning judgments
A.
B.
C.
i.
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7SG589- , V
WARRANTY DEED
Individual to Joint Tenants
delinquent
transfer entered; Certificate
of Real Estate Value ( ) filed
( ) not required; Certificate
of Real Estate Value No. ______
andtaxesNo
(7
Coun^/ of OKor Tail558OSlI hefrty aftiiy tfiei jt« wu (IM
raconl In tMt offi*a on ta ,3^ ^
53««l ws duly ««cro»r.iM3 u Ooc.#. 7cK>5oc
ii , 1996 ^LfiU
___CUa-VJI
County Auditor
4 :Itecordtrby
Deputy
STATE DEED TAX: $29.70 (CF-
(reserved for recording data)Date: January 11 1996
FOR VALUABLE CONSIDERATION, John B. Halvorson and lolene R.
Halvorson aka Jolene R. Halvorson, husband and wife, Grantor(s),
hereby convey(s) and warrant(s) to Perry Q. Mertz and Rosalinda M.
Mertz, Grantee(s), as joint tenants, real property in OTTER TAIL
County, Minnesota, described as follows:
That part of Government Lot Four (4), Section Five (5),
Township One Hundred Thirty-three (133), Range Forty-one
(41) , Otter Tail County, Minnesota, lying Westerly of the
Easterly 939.54 feet of said Government Lot Four (4) and
lying Easterly of the following described line:
Commencing at the Northwest corner of said Section Five
5;; (5); thence on an assumed bearing of South 88 degrees 16
minutes 14 seconds East on the Northerly line of said
/Government Lot Four (4) for a distance of 205.00 feet to
point of beginning of line to be described; thence South
01 degree 20 minutes 58 seconds East 1308 feet more or
less to the shoreline of Little Pleasant Lake and there
//terminating; subject to the rights of the public in
County State Aid Route No. 1, and subject to the
two road easements:
' ' •'->A strip of land 66 feet wide to be used for road
purposes over said Government Lot Four (4), center
line beginning at a point 233.00 feet East and
50.00 feet South of the Northwest corner of said
Section Five (5); thence due South 480.00 feet;
thence South 63 degrees 26 minutes West 260 feet
more or less to the West line of said Section 5 and
there terminating.
A perpetual right-of-way and easement for ingress
and egress at all times, upon, over and across
2.
that part of said Government Lot Four (4)
reserved for a jointly-used access roadway,
being 66 feet in width, center line of which
is described as follows:
Northwest corner of said Section Five (5);
thence on an assumed bearing of South 88
degrees 16 minutes 14 seconds East
Northerly line of said Section Five (5) for a
distance of 238.04 feet to point of beginning
of center line to be described; thence South
01 degree 20 minutes 58 seconds East 550.00
feet; thence South 28 degrees 00 minutes East
175.00 feet; thence South 63 degrees 40
minutes 22 seconds East 491.07 feet; and there
terminating,
together with all hereditaments and appurtenances belonging
thereto, subject to the following exceptions:
Commencing at the
on the
none.
The Sellers certify that the Sellers do not know of any wells on
the described real property.
;fohn B. HalvorsonCounty Of Otter Tail
state of Minnesota ^7 ^
deed TAX..........$
Date lolene R. Halvorson
aka Jolene R. Halvorson
V
)STATE OF MINNESOTA
)ss.)COUNTY OF OTTER TAIL
The foregoing instrument was acknowledged before me this //M.
day of January, 1996, by John B. Halvorson and lolene R. Halvorson
aka Jolene R. Halvorson, husband and wife, Grantor(s).
SUSAN M. NELSON
NOTARY PUSLIC-MINNESOTA
OhERTAI'l COUNTY
Expires Jan. 31,2000
_______ _This Instrument Was Drafted by:
/y.
TMJ
Notary Public
Tax Statements for the real
property described in this
instrument should be sent to:Allen Haugrud
Haugrud Law Office
108 North Cascade
Fergus Falls, MN
(218) 739-4696
Perry and Rosalinda Mertz
1203 Somerset Road
Fergus Falls, MN 56537
56537
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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.-V',-
To Whom it May Concern:
Perry Q.Mertz
1203 Somerset Rd.
Fergus Falls, MN 56537
has made application to the Otter Tail County Board of Adjustment for a yariance 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
August 1st, 1996, at 8:00 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 ajjplicatibn is legally described as
part of Government Lot 4
Fire#
Section 5, Township 133, Range 41-Township Name - Sverdrup
Lake No. 56-1127, Lake Name - Little Pleasant, Class - RD
The variance requested is:
a variance to construct a dwelling in the bluff impact zone.
LO
Boarcf of Adjustment Secretary
Date: July 12th, 1996
OTTER TAIL COUNTY
Office of the County Auditor
Phone 218-739-2271
121 W. Junius Ave.
Fergus Falls. MN 56537
State of Minnesota
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 ^ ^ay of 'I’^lY ,1996
the attached Notice of Hearing for Variance was duly served upon the individuals
listed below and/or included in the attachment:
Perry Q & Rosealinda M. Mertz, 1203 Somerset Rd, Fergus Falls, Mn 56537
Diana Beebout, Sverdrup Twp Clerk, Rt 2 Box 606, Underwood, Mn 56586
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
Otter Tail county Public Health Department, Courthouse, Fergus Falls, MN 56537
Board of Adjustment:
Craig Anderson, RR, Ottertail, MN 56571
John Everts, Route #2, Battle Lake, MM 56515
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MW 56537
Robert Schwartz, Rt 1 Box 4, Wadena, MW 56482
George Walter, Route #1 Box 314, Perham, MN 56573
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, properly addressed
to each of the individuals listed above and/or listed in the attachment.
July 15th, 1996Dated:
Secretsary
\-
iilCHARD M SWIGNTEK
,HANCY SCHIMDLER
RR 2 BOX 473
UUBERWOOD, MR 50586-9651
ARTHUR i KATHLEEN G. BARBER
/R#2 BOX 480
UNDERWOOD, MN 56586
T.
I I ;
MAYNARD £. LORRAINE STuKKAWAYNE DOUGLAS ROSTAD ET AL■ '
•'.KENNETH S, JUNEICE ROSTAD
RR 2 BOX 490
UNDERWOOD, HN 56586
R#2 .BOX 476
UNDEliWOOD, MN . 56586
■;
y
COUNTY OF OTTER TAIL •
X CO-AUDITOR
COURT HOUSE
FERGUS FALLS, MN 56537
RONALD J liEIKES
RR 2 BOX 478
UNDERWOOD, MN 56586
MAYNARD & BETTY NEULEIBLEITHA MAY ELIASON
1110 SBRINGEN AVE APT 103
FERGUS FALLS, MN '56537-1647.
RR 2 BOX 462
UNDERWOOD, MN 56586
BRUCE C £. VERNA T LEITCH
X ESTHER LEITCH
R#1 BOX 259
UNDERWOOD, MN 56586
DANNY. J, JR & COURTNEY EVANS
RR2 BOX 492
UNDERWOOD, MN 56586
BEVERLY J £. ARLEN K JOHNSON
y. ESTHER LEITCH
RR 1 BOX 259
UNDERWOOD, HN
KRISTI LILLEMOEN SEM
R#2 BOX 456 UNDERWOOD/' MN . 56586
5^-
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'y
LADDIE J iU LLEWELLYN ADAMSMAYNARD L BETTY NEULEIB -
R#2 BOX 466
UNDERWOOD, MN 56586
RR 2 BOX 462
UNDERWOOD, MN 56586
PERRY Q & ROSEALINDA M MERT2
1203 SOMERSET RD
FERGUS'FALLS, MN 56537
SHIRLEY M WENDLAND ET AL
X MILDRED HAGEN RR' 2 BOX .464
UNDERWOOD, MN
1
V
56586 ;.
MAYNARD R BETTY NEULEIBNORMAN A EVERSON ARR 2 BOX 149-
UNDERWOOD, MN 56586
RR 2 BOX 462
UNDERWOOD, MN 56586
HELEN M MAilNKE TS'i'EE :RICHARD C R JEANETTE M STRAS
PO BOX 20217
BILLINGS, MT 59104R#2 BOX 152
UNDERWOOD, MN 56586
J ELLARD R LAVONNE JOHNSONBRADLEY D R KARLA J OFFERMAN
RR 1 BOX 253
UNDERWOOD, MN 5E.586RR
UNDERWOOD,.MN 56586
MICHAEL J R VICKI A GOEDEN
R#2 BOX 472
UNDERWOOD, MN 56586
.;
K
K
,WAVNE G SHOE
R#2 BOX 454. ■
UNDERWOOD, I'lN 50566