HomeMy WebLinkAbout32000030018015_Variances_12-04-1997Variances
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Barcode 128
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Kenneth and Marlys Jacobson, Frazee, MN, requested the following: “permi^Ton to continue using a
single access to Lake Wymer (variously spelled Wimer, Weimar, Wimar) for ourselves, Paul Beare, and
Roger Loberg, but to transfer our shared use from point XX to point X (33 feet) as illustrated on
attached Chart A. To do so will also require permission to divide an 8.7 acre tract into three roughly
equal parcels as shown on attached Chart B, with lake access at point X (33 feet) for both the Loberg
and Jacobson A properties, also partially shown on Chart A. The lots numbered 3, 4, and 5 (Jacobson
A) on Chart B, never recorded, would be combined to become 3 acres. The Loberg lot would be 2.7
acres and the Jacobson B lot would contain the last 3 acres.” Chart A and Chart B, as well as, a
detailed explanation of the variances requested are available at the County Auditor’s office for public
inspection. The property is described as Lots 3 and 4, Block 1, Karinall, an 8.29 acre parcel in
Government Lot 8 and the South 33’ of Government Lot 8, Section 3 of Hobart Township by Wimer
Lake. The audience was polled with no one speaking for or against the request. After discussion and
consideration, motion was made by Randall Mann, seconded by Robert Schwartz and unanimously
carried, to table the applicant’s request until the January 8, 1998 Board of Adjustment meeting and to
request clarification from the County Attorney’s office as to what constitutes a controlled access as
defined in the Shoreland Management Ordinance.
December 4,1997
Page 5
eth and Marlys Jacobson - Tabled
Larry M. Atkins - Tabled
Larry M. Atkins, Fargo, ND, requested the following: “Keep 8x10 fish house 2 ft. from lot line rather
than move it 40 ft. from the lot line. The fish house is in compliance (21 ft.) from the OHWL. Keep
storage shed 2 ft. from lot line rather than move 40 ft. from lot line. This shed is 60 ft. from OHWL.
Move third shed across lot to 10 ft. from lot line, but 60 ft. from OHWL due to tree.” The property is
described as part of Government Lot 4, Section 9 of Lida Township by Lake Lida. After consideration,
motion was made by John Everts, seconded by Randall Mann and unanimously carried, to table the
applicant’s request until the January 8,1998 meeting as requested by the applicant.
Daniel J. Crothers - Approved
Daniel J. Crothers, Fargo, ND, requested a “variance from required side lot setback of 10 feet for
addition of second floor on existing structure and ten foot addition of main floor and second floor to east
of existing structure." The property is described as a .27 acre tract in Government Lot 4, Section 9 of
Dunn Township by Pelican Lake. 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 the variance as requested noting that the applicant’s proposed
improvements are no closer to the ordinary high water level or to the side lot line than the existing
structure.
Leslie and Joan F. Torgerson - Approved
Leslie and Joan F. Torgerson, Fargo, ND, requested the following: “add on to existing 94 year old
cabin without moving closer to lake than existing structure. Request variance from standard setback
from high water mark on North and East Side of existing 19 by 30 stone cabin. Addition to stay in line
with existing structure on East, proceeding South, and in line with South end (Back) of existing structure
proceeding West to stay within standard 10 ft. side lot setback on West and 20 ft. setback from road on
South end of lot. Structure now at 22% with driveway impervious 28% need 3% variance. To expand
existing drain field 125 sq. ft. not closer to 50 ft. from lake.” The property is described as a tract in Sub
Lot 8 of Subdivision of Government Lot 1, 2, 3, and 4, Section 14 of Clitherall TownsJ;iip by Clith,erall
Lake.i..J
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January 8,1998
Page 7
RD Communications Inc. - Approved
RD Communications Inc., Parkers Prairie, MN, requested a variance of 10’ from the 18’ maximum
height of a non-dwelling structure for the construction of a 66’ by 150’ retail and manufacturing facility,
with an area for future expansion to the east, having an overall height of 28’. The property is described
as a 2.52 acre tract in the Southeast Quarter of the Southwest Quarter, Section 22 of Parkers Prairie
Township by Lake Adley. The audience was polled with no one speaking for or against the request.
After consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously
carried, to approve a variance of 10’ from the 18’ maximum height of a non-dwelling structure for the
construction of a 66’ by 150’ retail and manufacturing facility having an overall height of 28’. It was
the proposed structure would not obstruct the view of the adjacent property owners.oted
eth and Marlys Jacobson - Approved
IKenneth and Marlys Jacobson, Frazee, MN, requested the following: “permission to continue using a
single access to Lake Wymer (variously spelled Wimer, Weimar, Wimar) for ourselves, Paul Beare, and
Roger Loberg, but to transfer our shared use from point XX to point X (33 feet) as illustrated on
attached Chart A. To do so will also require permission to divide an 8.7 acre tract into three roughly
equal parcels as shown on attached Chart B, with lake access at point X (33 feet) for both the Loberg
and Jacobson A properties, also partially shown on Chart A. The lots numbered 3, 4, and 5 (Jacobson
A) on Chart B, never recorded, would be combined to become 3 acres. The Loberg lot would be 2.7
acres and the Jacobson B lot would contain the last 3 acres." Chart A and Chart B, as well as, a
detailed explanation of the variances requested is available at the County Auditor’s office for public
inspection. The property is described as Lots 3 and 4, Block 1, Karinall, an 8.29 acre parcel in
Government Lot 8 and the South 33’ of Government Lot 8, Section 3 of Hobart Township by Wimer
Lake. A letter from Lynne and Gordon Baardsen opposing the proposed subdivision was read for the
record. The audience was not polled at the January 8, 1998 meeting as this application had it original
hearing at the December 4, 1997 meeting. After discussion and consideration, motion was made by
George Walter, seconded by John Everts and unanimously carried, to approve the conveyance of the
33’ metes and bounds parcel on the lake to the adjacent property currently owned by Paul Beare and to
approve a variance to subdivide an 8.7 acre tract into three roughly equal parcels as shown in the
applicant’s proposal with the condition that all three lots must have access to a public road and with the
condition that a registered surveyor’s drawing must be provided at the time of conveyance.
Larry M. Atkins - Tabled
Larry M. Atkins, Fargo, ND, requested the following: “Keep 8x10 fish house 2 ft. from lot line rather
than move it 40 ft. from the lot line. The fish house is in compliance (21 ft.) from the OHWL. Keep
storage shed 2 ft. from lot line rather than move 40 ft. from lot line. This shed is 60 ft. from OHWL.
Move third shed across lot to 10 ft. from lot line, but 60 ft. from OHWL due to tree.” The property is
described as part of Government Lot 4, Section 9 of Lida Township by Lake Lida. After consideration,
motion was made by John Everts, seconded by Craig Anderson and unanimously carried, to table the
applicant’s request until the next scheduled meeting as requested by the applicant.
With no further business Chairman Walter declared the meeting adjourned at 9:50 p.rrv
uJ {/YU
Wayne Secretary
818637
Ofticp of Bounty Rpcorder
County of Otter Tail
I hereby certify that the within Instrument was filed
for r^rd in this office on the,....^ A.D. 19 Qy
and was duly Microfilmed as Doc.#
ZZ day of
at_Jl
nty RecoKler
.Deputy
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 * * *(oOi ot>
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Application Fee
Receipt Number
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PROPERTY OWNER DAYTIME PHONE
ADDRESS
LAKE NUMBER SY' LAKE CLASS FA
TOWNSHIP NAME 7—________________
LAKE NAME
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township/57SECTION -O RANGE
FIRE NUMBER OR LAKE I.D. NUMBER
LEGAL DESCRIPTION /^/cLnall. 60t / 4 -dS3
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TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED
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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 & RESOURCE MANAGEMENT REGARDING THIS MATTER.
\n I—F /3Fq o 'F7
SIGNATURE OF PROPERTY OWNER DATE
c/
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
KENNETH AND MARLYS JACOBSON VARIANCE APPLICATION
Summaiy of Specific Items requested:
A. Division of an 8.7 acre tract-as shown in Chart B—into three roughly equal parcels de
scribed as follows:
1. Jacobson A Lot, fronting on the Public Road, containing approximately 3 acres,
with non-public existing roadways along both the northern and southern bound
aries.
2. Loberg Lot, about 2.7 acres, with a 33 foot wide extension to the Public Road
along (and conforming to) the existing non-public roadway on the southern
boundary of Jacobson A lot.
3. Jacobson B lot, containing about 3 acres, with a 33 foot wide extension to the
Public Road along (and conforming to) the existing non-public roadway on the
northern boundary of Jacobson A lot.
B. Granting of permanent easements for lake access across the Public Road as follows:
1. For Jacobson A lot, through the 33 foot wide wooded area described in Side A,
between the Public Road and Wymer Lake. This property is currently owned by
Kenneth and Marlys Jacobson, separately assessed and taxed.
2. For the Loberg lot, through the same access described directly above (B.I.), in
order to grandfather in a 30 year practice and agreement that was inadvertently
unrecorded.
3. No access is requested for Jacobson B lot.
C. Transfer of the 33 feet described in Side A to be permanently attached to Lot 1, Block 2
of Karinall, currently owned by Dr. Paul Beare, since about 90 percent of the use of
this area will be from his lot. This transfer will be subject to the following permanent
conditions:
1. The two easements granted for lake access (Jacobson A lot, and the Loberg lot)
described in B.l. and B. 2. above will continue in force permanently.
2. The 33 feet will remain wooded, with only elevated steps down from the Public
Road, a footpath through the woods, and a 2nd set of elevated steps down a
natural dip in the shore bank to the lake, leaving the earth and topography of the
land undisturbed except for posts needed to elevate the steps.
12 November 1997
Land and Resource Management
Otter Tail County Courthouse
Fergus Falls, Minnesota 56537
Re: Variance Application for Kenneth and Marlys Jacobson
Dear Sirs:
This application is for permission to continue using a single access to Lake Wymer
(variously spelled Wimer, Weimar, Wimar) for ourselves, Paul Beare, and Roger
Loberg, but to transfer our shared use from point XX to point X (33 feet) as illustrated
on attached Chart A. To do so will also require permission to divide an 8.7 acre tract
into three roughly equal parcels as shown on attached Chart B, with lake access at
point X (33 feet) for both the Loberg and Jacobson A properties, also partially shown
on Chart A. The lots numbered 3, 4, and 5 (Jacobson A) on Chart B, never recorded,
would be combined to become 3 acres. The Loberg lot would be 2.7 acres and the
Jacobson B lot would contain the last 3 acres.
We are requesting these variances now for two major reasons. The first is because
there’s a strong possibility we will sell our home on Karinall, Lots 3 and 4 by January
1, 1998 so we needed to formalize longstanding arrangements we had made for when
that event occurred; and, next, because we discovered that to do so now would require
variances due to new regulations that did not exist when we made our original plans.
We have owned this tract, originally part of about 40 acres we bought, for over 30
years. Over the years we sold off most lots we had platted on the lake. In 1979 we
even paid for a preliminary plat on a portion of the land we owned across the lake (see
both sides of Chart B). However, we never formalized and recorded this plat, partly
because our plans for retirement changed and we also wanted some property to
remain for our children and relatives to join us at the lake.
About 25 years ago we combined Karinall Lots 3 and 4 to build a large home for our
own 5 children plus up to7 foster children at one time. Our brother-in-law, Roger
Loberg, helped finance buying our home as well as help us build and remodel over
the years. In return we set aside 2.5 acres with lake access for him and his wife,
Sandra, to join us during the summers. He has cleared a part of this land, had power
lines installed, and shared the costs of maintaining a roadway accessing his lot.
Several times each year he has also crossed the road to use his fishing boat from our
beach facilities (Point XX, Chart A). We have never totally formalized this arrangement
partly because the Otter Tail County recorder would not record the property transfer
without confirmation from another surveyor-Wesley Belling having died-about 4
years ago when I tried to do so. I gave Roger to paperwork to pursue himself, he
asked Rod Boyer, a surveyor who lives next to Paul Beare’s cabin to help him, but
they’ve procrastinated and have yet to complete what the Otter Tail recorder wanted.
Our request is to allow this 25 year agreement to go ahead, with a .2 increase in the
acreage allowed (to 2.7 acres) to more equalize the land distribution.
About 7 years ago with Paul Beare we bought the 100 foot unplatted, undeveloped
and wooded lot between us, with 67 feet being added to his lot and 33 feet retained by
us so that we could have private lake access from across the public road for both
ourselves and Roger Loberg if we retired and built there (Jacobson A, Chart B). We
also wanted enough property to build a summer home for our children to share on
vacations near us (Jacobson B, Chart B). The Baardsens also have approached us
about adding that property to their own acres to insure greater privacy for the home
they’ve built next to it. So, if our children show little interest we would like that to be a
possibility for Gordon and Lynn Baardsen. We certainly don’t need 6 wooded acres
for a single retirement home.
Our retention of the 33 feet of lakeshore was deliberate. It was originally part of the 40
acres we owned and sold off to friends before we platted the rest of the lake frontage
because it had the easiest and only “natural” access to the lake. We knew that
eventually we’d sell our lake home--38 rooms for two persons is too much--and have
to give up the lake access (point XX) it had and that we’d shared with both Roger
Loberg and Paul Beare. We understood Paul’s reluctance about his own fragile lake
front, so we agreed to all share a common access-first, at our home on the lake, then
when that was sold-to the more immediately accessible Point X (33 feet) to us all.
Paul, in a letter accompanying this application, describes our reasoning and
arrangements in much clearer detail. He also describes the very limited plans we
have for the footpath access we can each privately use to a common dock. We refer
you to that letter.
Also enclosed are the legal descriptions for both the 33 feet for a common lake access
(Side A) and for the 8.7 acres across the public road from Lake Wymer (Side B), on
both sides of a single sheet.
This application is prepared so that some advance knowledge is available before the
hearing at which one of us will be available to answer further questions for any
needed clarification. We are anxious to conform to the standards and regulations
legally and in a way that honors the careful longstanding commitments we have made
among ourselves for the most respectful use of this beautiful lake.
Sincerely
/'I
n 1enheth ancy i/larlys Jacobson
Enclosures
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Paul Beare, Ph.D.
2803 S. 30th St.
Moorhead, MN 56560
Phone: (218) 236-5630
Fax: (218) 299-5850
Internet: beare@mhdl .moorhead.msus.edu
November 11, 1997
Land & Resource Management
Otter Tail County Courthouse
Fergus Falls, MN 56537
Re: Kenneth and Marlys Jacobson Variance Application
Dear Sirs:
I own a vacation home directly adjacent to the Jacobson’s year round home on Lake
Wymer. This letter is to fully support their variance application. The approval of this
variance will directly affect where I have lake access for future boating, fishing and
swimming. Approval will also confirm an ongoing land use arrangement we’ve had for
an extended period of time. Approval will, most importantly, allow as little disturbance
as possible to the fragile topography of the beach front area.
My property is lakeshore Block 2, Lot 1 of Karinall, just to the north of the present
Jacobson home located on Block 1, Lot 3 & 4 of Karinall.
Up until about seven years ago, the only land that separated the two lots was an
unplatted, undeveloped 100 foot wooded lot. At that time, in a somewhat complex
arrangement, we jointly bought the lot and divided it, adding 67 feet to my lot, with 33
feet retained by Ken and Marlys.
That 33 feet contains the only natural access to the lake, on any of these lots, other
than the one in front of the Jacobson home. Since building on my lot seven years ago,
I have accessed the lake through Jacobson’s frontage. Using a footpath through the
woods, I have crossed Jacobson’s lawn and used their dock for both boating and
swimming for my family and guests. Moreover, for seven years prior to building, I
rented a cottage across the road from the 33 feet, and accessed the lake in a similar
manner, totaling 14 years in all.
The shore in front of my cabin is extremely steep, raising 30 feet vertically in a
horizontal distance of 50 feet. It is also delicate, consisting of only a couple of inches
of topsoil on top of sand. I have been planting evergreens and ground cover to
preserve the topography. There is one small rut, made by beaver or other water
animals, but there is no path up or down. It is too steep to traverse.
Presently there is a possibility that the Jacobsons may sell their home by the end of
this year and next spring build on the three acres of land they own across the road
from the 33 feet of lakeshore property they still own. This is directly behind my lake
home, on the other side of the road. Their present home is 38 rooms, much too large
for a couple nearing retirement. This size was necessitated by their seven person
family plus the host of foster children they raised.
Once the Jacobson’s house is soid, I will no longer be able to use the lake access we
now enjoy. We need to plan for the transfer of our shared use to the backup 33 feet
we had planned for continued lake access. We need to formalize that longstanding
arrangement soon, something we should have done long ago.
This 33 feet contains a natural dip, leading to the water. Our plan was to eventually
build elevated, over the earth steps down the bank to the lake, leaving the soil
undisturbed except for a few posts. Leading to the steps would be an unimproved
path through the woods. The major reason we have not build an access before now,
was to protect the hillside directly in front of our cabin from erosion. The proposed site
is the only location which will continue this protection.
Roger Loberg, the Jacobson’s brother in law, has been in a similar situation, using the
Jacobson’s access for his lot, which is also across the road, adjacent to the
Jacobson's three acres. The plan has always been to build an access on this 33 feet
for the shared use of the Jacobsons, Roger, and myself. What is proposed is a
continuation of what we have been doing for an extended period of time, to protect the
hillside and reducing considerable chance of hardship to the land. 1 could easily
envision much of this hillside slipping into the lake with as much foot traffic as my
children and their friends provide.
This variance would honor the longstanding commitment and understanding we have
had with one another. It makes formal what was an informal understanding. We
would have previously formalized it had we been aware of potential changes in zoning
rules, etc. I sincerely ask and hope that you grant this variance.
Please feel free to contact me for further input, information, or details.
Sincerely,
aul Beare
^Awswr- .' - '
Otter Tail County
Office of the County Auditor
Phone (218) 739-2271
121 Junius Ave. W,
Fergus Falls, MN 56537
December 17, 1997
Kenneth and Marlys Jacobson
PO Box 307
Frazee, MN 56544
RE: Application for Variance.
Dear Mr. and Mrs. Jacobson,
Please be advised that the Otter Tail County Board of Adjustment has scheduled their next
meeting for Thursday, January 8, 1998, in the Otter Tail County Commissioners’ Room of the
Otter Tail County Courthouse located at 121 W. Junius Ave., Fergus Falls, MN.
Your variance request, which was tabled at the December 4, 1997, Board of Adjustment
meeting has been rescheduled for the January 8, 1998, meeting at 8:30 p.m. I have enclosed a
copy of the January 8, 1998, agenda for your information and reference.
If the date and time of this meeting is not convenient for you, please notify the County Auditor’s
office in writing prior to the January 8, 1998, meeting and I will have your variance request
tabled until the next regularly scheduled meeting of the Board of Adjustment. If you should
have any questions please feel free to contact me. Thank you very much.
Sincerely,
Wayne Stein
County Auditor
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July 9, 2002
The three lots described and pictured in the attached documents meet the access standards
required by Otter Tail County and Hobart Township regulations. Each of the three lots
either fronts the public road. East Wymer Lake Road, or has a private driveway that does.
These three lots are privately accessible without any need or requirement for additional
county or township responsibihty to guarantee accessibility during any season of the
year. The owners of the three lots are in complete agreement with this assessment and
understanding.
Kbnneth Ja^Wons^
Owner ( /
m Marlys Jacobson
Owner For Hobart Township