HomeMy WebLinkAbout28000160120002_Variances_11-14-2002OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
917353
917353 I hereby certify that
this instrument #_
was filed/recorded in this office
for recMd on the /Jl day of
2002Wendy L. Metcalf,.County^ecora^
bv: '
record mo fey ^ ^well certificate
ID^urty^
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271 Ext. 225
Otter Tail County’s Website: www.co.ottertail.mn.us
0C7
Application Fee I36pfCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date ^ ^
I
'^6hq 4- Doj'^la ^TcioobSon
Op, 33i i^rkai^A^ M^f 5Zg53V
PROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS
dllLAKE NUMBER LAKE NAME LAKE CLASS
ke rq/3'4LkSECTIONTOWNSHIP RANGE TOWNSHIP NAME
<^P XWy 2,2-qL^^QOQ 'liff - C?IJ-0^oo^—PARCEL
NUMBER
E-911
ADDRESS
LEGAL DESCRIPTION
T7 ' -
750', W 275' , TO PT OF BG
, TO PT OF BG S > N 750', E 275' :
TYPE OF VARIANCE REQUESTED (Please Check)
structure Size Subdivision Cluster Misc.Structure Setback Sewage System
SPECIFY VARIANCE REQUESTED
Jll P^-'cd is ^
'To parcel Cd /3,399 S.Ti
-T6 nr\c^Kt
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
CONTACT LAND & RES :^CE MANAGEMENT REGARDING THIS MATTER.
|KjN>^RE of property OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
/
DATE
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
aic. 7
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■ - oco- '
4/Date Of Hearing Time
Motion
John and Darla Jacobson - Approved as requested with a condition. (7:55 p.m.)
Motion was made by Cecil Femling, second by Randall Mann and carried with Steve Schierer abstaining, to approve a
variance to subdivide an existing 4.73 acre metes and bounds parcel into two parcels as depicted on the registered
surveyor’s drawing with the condition that the proposed ingress and egress easement, to Parcel “B”, must become a
filed/recorded easement of record. It was noted that the granting of the variance as requested would place the two
existing dwelling, which are currently on one parcel, on two separate parcels.
CNaifman/Dtter Tail County~Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management) .
No
Copy of Application Mailed to Applicant And the MN DNR7^;. MSCSSOir L R Official/Date
BK-0402-001
309,424 - Victor Lundeen Company, Fergus Falls, Minnesota
December 4, 2002
Page 5
John and Darla Jacobson - Approved as requested with a condition. (7:55 p.m.)
John and Darla Jacobson, Erhard, MN, requested a variance to subdivide an existing 4.73-acre metes and
bounds parcel into two parcels. One parcel would be approximately 4.43 acres and the other parcel would
be 13,399 square feet. The property is described as a 4.73 acre parcel in the North Half of the Northeast
Quarter, Section 16 of Friberg Township. The audience was polled with no one speaking for or against the
request. After discussion and consideration, motion was made by Cecil Femling, second by Randall Mann
and carried with Steve Schierer abstaining, to approve a variance to subdivide an existing 4.73 acre metes
and bounds parcel into two parcels as depicted on the registered surveyor's drawing with the condition that
the proposed ingress and egress easement, to Parcel “B”, must become a filed/recorded easement of
record. It was noted that the granting of the variance as requested would place the two existing dwelling,
which are currently on one parcel, on two separate parcels.
Ronald B. and Julie A. Betzler - Approved as requested with a condition. (8:10 p.m.)
Ronald B. and Julie A. Betzler, Battle Lake, MN, requested a variance to separate Parcel 1, consisting of
2.6 acres (lakeshore) from Parcel 11 consisting of 3.68 acres (non-lakeshore) with two separate PID
numbers in order to have separate ownership of the two parcels eventually and to have these two parcels
considered buildable lots. The property is described as part of Government Lot 4, Section 2 of St. Olaf
Township by Long Lake. The audience was polled with no one speaking for or against the request. After
discussion and consideration, motion was made by Cecil Femling, second by Mark Steuart and
unanimously carried, to approve the variance as requested with the condition that a registered surveyor’s
drawing must be provide at the time of conveyance.
Ashley Oothoudt - Denied. (8:15 p.m.)
Ashley Oothoudt, Dent, MN, requested a variance of 90' from the required ordinary high water level
setback of 200’ for a 28’ by 40’ addition to an existing garage 110’ from the ordinary high water level. The
property is described as Lot 10, Block 1, Brightwood Shore Line, Dead Lake in Star Lake Township. The
audience was polled with no one speaking for or against the request. After discussion and consideration,
motion was made by Steve Schierer, second by Mark Steuart and unanimously carried, to deny the
variance as requested as no adequate hardship unique to the property had been shown that would allow
for the granting of the variance as requested and the applicant does have a reasonable use of his property
without the granting of a variance a for an addition to an existing garage.
Duane and Darlene Lysne - Denied. (8:23 p.m.)
Duane and Darlene Lysne, Wahpeton, ND, requested a variance to construct a walkout basement in a
bluff. Area to be excavated will be approximately 30’ by 65’ and will range from 0 to 8’ deep. The property
is described as Lots F and G, Schmitz N.S. Survey Lots of Government Lots 2 and 3, Section 6 of Rush
Lake Township by Marion Lake. The audience was polled with no one speaking for or against the request.
After discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling and
unanimously carried, to deny the variance as requested as no adequate hardship unique to the property
had been shown that would allow for the granting of the variance as requested, a reasonable use of the
property can be obtained without the granting of a variance and the denial of the variance is consistent with
past actions of the Board of Adjustment as it relates to proposed projects within the bluff area.
2i>42.2\N!/4 CORNER OF SEC. !G, T. 134, R. 42 NE CORNER OF SEC. 1^, T. 134, R. 42-
NORTH LINE OF SEC. 16COUNTY STATE AID NIGNhJAY NO. 22
H 27S.00
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POINT M". XI6<^2.2I
/I 33.00 673.00
aO ••-SET R/N LINE OF COUNTY
STATE AID HICHNAY NO. 22
........... N 5H’5H‘46'‘E 27H.33
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V V L_ I N U
<T)I \NI/\U4COUNTY STATE AID HIGHHAY NO. 22 \//\/33/\I 2:•42 1\/SCALE: 1 INCH = 60 FEET
BEARINGS ARE BASED ON AN ASSUMED DATUM.
• DENOTES IRON MONUMENT FOUND.
O DENOTES IRON MONUMENT SET MARKED ”RLS 13620 Sc 17825”.
A DENOTES RAILROAD SPIKE FOUND.
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A ,
\/itx PARCEL A
4.43 ACRES
9-A'X'-/S--PROPOSED LEGAL DESCRIPTION
PARCEL B
A
'PROPOSED LEGAL DESCRIPTION
PARCEL AIA
•• I\/<•I IN
All that part of the Northeast Qucx~ter of the Northeast Ouarter of Section !6,
Township 134, Range 42, Otter Tail County, Minnesota, described as follows-
Commencing at the northeast corner of said Section 16; thence on an assumed
bearing of South 3H degrees 3R minutes 46 seconds Nest along the north line of
said Section 16, a distance of 673.00 feet to a Point hereinafter referred to
as Point “A"; thence South 00 degrees 37 minutes 11 seconds Nest a distance
of 730.00 feet; thence South 3H degrees 3P minutes 46 seconds Nest a distance
of 22LP7 feet to the point of beginning of the land to be described; thence
North 03 degrees 33 minutes 37 seconds East a distance of 230.13 feet; thence
South 33 degrees 13 minutes 03 seconds Nest a distance of 63.46 feet; thence
South OO degrees 37 minutes 11 seconds Nest a distance of 224.23 feet to the
intersection with a line which bears South 3H degrees 3H minutes 46 seconds
Nest from the point of beginning; thence North 3H degrees 3H minutes 46
seconds East a distance of 33.03 feet to the point of beginning.
Containing I3,3HP sqpare feet more or less. Together with an ingress and egress
easement over and across said Northeast Oucrter of the Northeast Ouarter, being
a strip of land 33.00 feet in width, lying to the right of and adjoining the
following described line--
Commencing at the northeast corner of said Section 16; thence on an assumed
bearing of South 3H degrees 3P minutes 46 seconds Nest along the north line of
said Section 16, a distance of 673.00 feet to a Point hereinafter referred to
as Point "A"; thence South 00 degrees 37 minutes II seconds Nest a distance of
730.00 feet; thence South 3H degrees 3P minutes 46 seconds Nest a distance of
22LP7 feet; thence North 03 degrees 33 minutes 37 seconds East a distance of
212.70 feet to the point of beginning of the line to be described; thence
North 7P degrees 31 minutes 46 seconds East a distance of H.67 feet; thence
northeasterly on a tangential curve, concave to the northwest, having a radius
of 103.30 feet and a delta angle of IH degrees 17 minutes 30 seconds, for an
crc distance of 34.36 feet; thence North 60 degrees 13 minutes 56 seconds East
a distance of 4P. 76 feet; thence northeasterly on a tangential curve, concave
to the northwest, having a radius of 173.30 feet and a delta angle of 37
degrees 03 minutes 33 seconds, for an arc distance of 172.73 feet; thence
North 03 degrees 10 minutes 23 seconds East a distance of i64.20 feet; thence
North OO degrees 37 minutes 11 seconds East a distance of IH4.36 feet to said
north line of Section 16 and there terminating.
The southerly and easterly sideline of said easement shall be extended or
shortened to terminate on a line which bears South 03 degrees 33 minutes 37
seconds Nest from the point of beginning of the above described line and on a
line which bears South 00 degrees 37 minutes II seconds Nest from the above
referenced Point "A".
j-^ I \I\\All that part of the Northeast Qucx^ter of the Northeast Quarter of Section 16,
Township 134, Range 42, Otter Tail County, Minnesota, described as follows:
Commencing at the northeast corner of said Section 16; thence on an assumed
becring of South 3P degrees 3H minutes 46 seconds Nest along the north line of
said Section 16, a distance of 673.00 feet to the p>oint of beginning of the
land to be described; thence South 00 degrees 37 minutes II seconds Nest a
distance of 730.00 feet; thence South 3H degrees 3H minutes 46 seconds Nest a
distance of 22I.P7 feet; thence North 03 degrees 33 minutes 37 seconds East a
distcnce of 230.13 feet; thence South 33 degrees 13 minutes 03 seconds Nest a
distance of 63.46 feet; thence North OO degrees 37 minutes II seconds East a
distcnce of 323.72 feet to said north line of Section 16; thence North 3H
degrees 3P minutes 46 seconds East along said north line, a distcnce of 273.00
feet to the point of beginning.
Containing 4.43 acres more or less. Subject to an ingress and egress easement
over and across said Northeast Quarter of the Northeast Quarter, being a strip
of lend 33.00 feet in width, lying to the right of end adjoining the following
described line:
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<: .;\A^\c-\4/\\o-\ ,'S \\.5!\(T) I Ql'X'-\6-\3 V \
IAl\VICINITY MAP
{NOT TO SCALE)8 8If) X ,Ti S ' cj
I \42 \\!Q)I\/I\</S 'in ft
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4/\\\I\I /I cr-\Commencing at the northeast corner of said Section 16; thence on on assumed
bearng of South 3H degrees 54 minutes 46 seconds Nest along the north line of
said Section 16, a distcnce of 675.00 feet to a Point hereinafter referred to
as Point “A"; thence South OO degrees 37 minutes II seconds Nest a distcnce of
750.00 feet; thence South 34 degrees 54 minutes 46 seconds Nest a distcnce of
221.47 feet; thence North 03 degrees 33 minutes 37 seconds East a distance of
212.70 feet to the point of beginning of the line to be described; thence
North 74 degrees 31 minutes 46 secends East a distance of 4.67 feet; thence
nortleasterly on a tengential curve, concave to the northwest, having a radius
of 103.50 feet and a delta angle of 14 degrees 17 minutes 30 secends, for an
arc distcnce of 34.36 feet; thence North 60 degrees 13 minutes 56 seconds East
a distcnce of 44.76 feet; thence northeasterly on a tangential curve, concave
to tie northwest, having a radius of 173.50 feet and a delta angle of 57
degrees 03 minutes 33 seconds, for an ore distance of 172.73 feet; thence
North 03 degrees 10 minutes 23 seconds East a distance of 164.20 feet; thence
North 00 degrees 37 minutes II seconds East a distcnce of 144.36 feet to said
north line of Section 16 end there terminating.
The southerly end easterly sideline of said easement shall be extended or
shortened to terminate on a line which bears South 03 degrees 33 minutes 37
secends Nest from the point of beginning of the above described line end on a
line wh’ch beers South 00 degrees 37 minutes II seconds Nest from the above
referenced Point “A
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/PARCEL^4FENCE-
B SURVEYOR'S CERTIFICATEIAS.I
I / hereby certify that this is a true and correct representation of a survey of
the boundaries of the above described land, and that this survey uuas prepared by
me or under my direct supervision and that I am a Professional Land Surveyor
licensed under the latus of the State of Minnesota. Dated this 30th day of September,
2002.
I
A /N\H07SE1^
/</x SHED
\/\SHED C
e 'ill
T-
SHED\I David A. Anderson
Professional Land Surveyor
Minnesota License No. I3io20
I
PROPERTY ONNER CERTIFICATEI
I
I I hereby certify that the subdivided property described in the survey meets the
County reqpirements for public road access and sewage treatment systems.I••is §4y4‘46)N'_
^ 64.47
221.47■ 53.03 ..'X'CERTIFICATE OF SURVEY FOR:S aP*5P'46"N 275.00
JOHN $ DARLA JACOBSONProperty Ouuner
FIELD BOOK
AL5-II6/72
CONTRACT NUMBER
357-02
DRAWN BY
JPP/CAELINE TABLE CURVE TABLE
FIELD CREW
RVB ^ TTCHECKED BY
DAA
CRD FILE
208-02
DISTANCENUMBERDIRECTION CRD DISKNUMBERCHORD BEARING LENGTHDELTATANGENT RADIUS CHORD
NDERSON LAND SURVEYING. INC.
313 SOUTH MILL STREET. FERGUS FALLS. MN 56538-0125 (218) 739-5268
916 WASHINGTON AVENUE. DETROIT LAKES. MN 56501 (218) 847-0500
N 60'I3'56“E 44.76 S 3F42'I0“NLI57^03'33“a 44.32 173.30 172. 73 165.73 117
N 74"3T46“E 4.67L2 I4V7'30“S 64'52'5I“N DRAWING NUMBER<C?17.60 34.36103.50 34.64
DWG DISK
4^7
DWG FILE
357-02 5218
Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Falls, MN 56537
(218) 739-2271 Ext. 240
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant must be present at the scheduled hearing.
To Whom It May Concern;
John and Darla Jacobson
24852 Co. Highway 22
Erhard, MN 56534
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
Wednesday, December 4, 2002, at 7:00 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 application is legally described as
a 4.73 acre parcel in the North Half of the Northeast Quarter,
E911 Address - 24852 and 24848 County Highway 22
Section 16, Township 134, Range 42 - Township Name - Friberg
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is:
a variance to subdivide an existing 4.73-acre metes and bounds parcel into two parcels. One parcel would
be approximately 4.43 acres and the other parcel would be 13,399 square feet.
Board of Adjustment Secretary
Date: November 15, 2002
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 18th, day of November, 2002 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
John and Darla Jacobson, 24852 County Highway 22, Erhard, MN 56534
Duane Mavis, Twp Clerk of Friberg, 30066 275‘'' Ave, Erhard, MN 56515
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 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
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
David Trites, 707 Otter Ave N., Parkers Prairie, MN 56361
Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725
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: November 18th, 2002
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
/7?By:
Vi Manderud
ifoj
ACKNOWLEDGEMENT
I UNDERSTAND THAT THE ADMINISTRATIVE STAFF' ^
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.
I CANTDATED
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH I®’’
FORMLTRS/60 DAYACK