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HomeMy WebLinkAbout32000060050008_Variances_06-01-2006Variances 2 Barcode 128 tP'i Zoc>l^ 3^9333 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 999333 this instrument #------------------------ was filed/recorded m this officefor record on the—I----da 2006 at Wendy iL. Metcalf, County hyi, \ yAA UU- 60cAJ i/recot^nq f^ " _well certifirate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us . ipQ. Application Fee iLfi) Zl> ICOMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ST3> PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS frxz<^ ^ y) LAKE NUMBER ~ LAKE NAME ___LAKE CLASS SECTION O/i? TOWNSHIP J3 7 RANGE 0^0 TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS-?a. -gg<^ -<d<os'<d - LEGAL DESCRIPTION ‘D I £ 330' TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 2, ts'V Ac,. c~;®wr/«£ / 3. Z-7 Ac. <2. <s>y *tA Xy^spc^'-'^ i■Uro^JyL, p^OaccXij^. 'tXcl. C.Z.'y 'h kc, /^e-$,‘c/-vo/ «x I P<^P<*Sc^S.. Oi\o^ c.c» I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ^ PROPERTY OWNER 3^ - DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ^$wn V 9;. j^/n/TimeDate Of Hearing ju^rf\sL Motion Jeremy Bimberg - Approved the variance application as requested with a condition. (9:35 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and carried with Michael Harris voting no, to approve the proposed subdivision as described in the variance application dated May 11, 2006 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. It was noted that the parcel does have public road access and meets the minimum size required for platted lots on a recreational development lake. Hardship is the terrain of the applicant’s property. Chairm^/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 0204-001 317.340 • Victor Lundecn Co.. Primers * Fergus Falls, Minriesola A Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: \A/ww.co.ottertail.mn.us August 10, 2006 Jeremy Bimberg 51451 Lake Six Rd Frazee, MN 56544-8915 RE: Sewage Treatment System Servicing Tax Parcel Number 32000060050003 Described as E 330' of S 1060' of SE 1.4 NW 1/4 Ex Tr, Section 6 of Hobart Township, Lake Six (56-369) As of August 8, 2006, the sewage treatment system (Sewage Treatment Installation Permit #18517) servicing your property was determined to be in compliance with the provisions of the Sanitation Code of Otter Tail County for a 3 bedroom home. If you have any questions regarding this matter, please contact our office. Sincerely, Wayne Roisum Inspector /!OFOR. ■137N 1/4 CPROPOSED LEGAL OESCR(PT«ONS GIEFER PARCEL A :-40 sec. 6-TNE PURPOSE OF THIS SURVEY IS FOR PARCEL LINE REARRANCEMENTSi Southeast Quorler of I and thot port of Gov OUer Toil Counly, nirmesota, de5cr the Northuieftt Ouorler, thot port ernmeni Lot of . Section 6, Touinahip d 09 follOlUS: OF EXISTING GIEFER, TEIKEN, BIMBERG AND NOFER TRACTS, FOLLOWED BY TNE SUBDIVISION OF-. PARCEL A ■ *)y comer of Lot t, SICT SLUE HATER BEACM, office of the Recorder, of North 66 degrees 63 of said plot, o distcnce ting public rood; thence North along sold centerline, o distance of minutes 40 seconds West a distonce of 10 beginning of the land to be described; t minutes 40 seconds East o distance of I0S6.5O nee North 47 degrees 13 minutes 23 seconds East al listonce of 3R2.54 feet; thence North 53 degrees 50 along said centerline, a distance of 232.&4 feet to the extension of the sovthuiesterly line of CLEARWATER ON, plot of luhich is on file in said office of the Recorder; >3 degrees 4& nninutes 3R seconds Eost along said extension, o distmee of 17.51 feet to the northuresterl toted Public Rood, os dedicated in said CLEARWATER thence North 3^ degrees 06 minutes 2l seconds East olong y tine of the Oedicoted Public Rood, o disto%e of North 22 degrees 44 minutes 2l seconds East olcrig ine of the Dedicated Public Rood, a distance of irees 33 minutes 36 seconds East along edicoted Public Rood, a dlstorKe of 36 seconds East olong egrees point of beginning; thence South 77 distoKe of 1006.26 feet to the t the northuiesteri is on file in the ' Bsunted bearing s northerly line of on exisi conds East 71 degree 06 oF said Coun ity; 3<) seconds of R3.00 feet to 47 degrees 13 111.31 feet;56.50 hence South feet to said eng said minutes minutes 1 MOULD RECOMMEND EXTINGUISHING THE EXISTING 33' WIDE NON-EXCLUSIVE ROADWAY EASEMENT ALONG THE 'SOUTH LINE OF THE SEI/4 OF THE NWI/4 IN FAVOR OF THE PROPOSED ROADWAY ♦ UTILITY EASEMENT DESCRIBED HEREON. 'ml “N V V y VI / }\ y V I . HN COR. OF LOT 5 BEACM GOVT■>1N 6r32'5l*sec. 6-137-40/w 13i6.6fe______BEACM ON;erh /■ence erly I tence North 35 ,erly line of the hence North !deg D< 22 degrees 02 minutes.erly line of th« D^icoted Public Rood, a disUrtce of the intersection u>ilh a line luhich bears North 77 d seconds East from the nutes 4t seconds West 0 >ing,I t to the rights of the public in other easements and acres more or less. Sub He road. Further subject ecord, if ar^y. j«c to GIEFER PARCEL Al Southeost Oua-ter of the Northwest Quarter and thot part Section 6, Township 137, Range 40, Otter -Tail C<xnnty, S follows: /oat be 5KT BLUE WATER BEACH, said County: minutes 3<^ seconds istonce of R3.00 feet to L tl^ northwesterly corner of Lot I, is cn file in. the office of the Recorder, ssumed bearing of North 68 degrees 33 northerly line of said plot, a d of an existing public rood; thence North 47 degrees 13 :ands Eost along soid centerline, o distonce of 111.31 Feet f the land to be described; thence continuing ong said c^terline, o degrees 53 minut^ 42 seconds tl'tfnce South 72 degrees 07 minutes 26 43 feet to the intersection with.a line egree 06 minutes 40 seconds West from the point of ce South 01 degree 06 minutes 40 seconds Eost a distance to the point of beginning. ' beginning o MS I3 minutes 23 seconds East ol thence North 00 IR fee .51 fee e of 7. I distance of 2 jrth 01 d St; ' 24.1 J , Subject to the rights of the public in ubject to other easements and ;res more or less, ic road. Further s scord, if any. BinBERG PARCEL B oSoutheost Qfcrler of the Northwest Ouorter, Section 6, nge 40, Otter Toil CounLy, Minnesoto, described os follows: - J, the northwesterly comer of Lot i, SKY BLUE WATER BEACM, s on file in the office of the Recorder, said Cointy: ssumed bearing of North 66 degrees 33 minutes 3*1 seconds northerly line of soid plot, o distance Of R3.00 feet to 3f or* existing public rood-, thence North 47 degrees (3 ends East olong sold centerline, o distonce of HI.31 feet beoiminQ of tH« land to be- described; I1->ence North 01 ites e<3]'second’s' West o cisfo-^e'oTMob'STuiy reel,' tnen^ o distance of 23R.34 feet; West a distance of 201.24 degrees 55 minutes 10 seconds West a distonce of t - west quarter line of soid SdCtian 6; thence ertg said east feet to the centerline of said 47 degrees 13 minutes 23 seconds East 110.72 feet to the point of 1- :es l9.<mirbLes 0^ seconds West ) degrees 57 minutes II seconds uth 06 the eos es 56 minutes 45 seconds Eost ol >west 0distance of 346.61 ■ood; thence North srline, o distance of ^ r\ jecl to the rights of the public in t to on eosement for roodwoy end t of the above described qyorter line, f record, If ony. s more or less. Sub rood. Further subjec >ver, under and across that port jithin 33.00 feet of said eost - west other easements and reservations 0 TEIKEN PARCEL C Southeost Ouor >ge 40, Otter •ter of the Northwest Ouorter, Toil County, ninnesota, descrit the northxuesleriy corner of Lot I, SKY SLUE WATER BEACH, on file in the office of the Recorder, said County; sumed bearing of North 66 degrees 33 minutes 3*1 northerly line of said plot, a distance of R3.00 feet to f m existing public rood; th«TKe North 47 degrees 13 vnds East along sold centerline, d distance of 111.31 feet; degree 06 minutes 40 seconds West o distance of 1056.50 Jth 76 degrees 1^ minutes 0*1 seconds West a distance of ence South 10 degrees 57 minutes ti seconds West a 24 feet to the point of beginning of the land to be e South 72 degrees 44 minutes 31 seconds West o distance thence South 16 degrees Ol minute 14 seconds West a 67 feet to the eost - west quarter IItm of sold Section 67 degrees 56 minutes 45 seconds East along said east - distance of 646.61 Feet to the Intersection with o rom the Is Eost a Section bed os f ‘ 6, olio B/naeRCreiKeN r HouseSHOP TeiKeuHouse B/neeRcSHC^ DRIVE >EXISTING ROADNAT EASETIt1377.76 245.62 e, aSouth 06 degre thence North 06 feet to the point 326 12es 55 minutes 10 seconds Wes rees 55 minutes 10 beginning. t fr and 7T •/255.35/deg of ---------S 87*56'45' E ______ENLARGEMENT NO SCALE H 1/4 COR. OF Together with on eosement for roadway t of sold Southeast -3.00 feet of soid east tfv easterly line of the erline of said sec. 6-l37‘40res more or less, s, over,•thuiest a and is bounded cn the west by oct and is bounded on the east by the cent I, Further subject to other easements end reservations WAY t UTILITY EASEn PROPOSED under and ocross thot port within 3 (TO TEI^niNAQuarter which lies - S 67*56’45' E 532*1.5*1 —• E 1/4 COR. OF sec. 6-137-40/^ > VV 7 V 55£ AL5 CERTIFICATE OF SURVEY NO. 71&5 ONj^/S/OS= 10O FEET ASEO ON AN ASS ON MONUMENT FO' ON MONUMENT SET MARKED “PLS 13620 ic 17825“. AST IRON MONUMENT FOUND. UMED DATUM. UND. CURVE TABLEIiCURVE ARC LENGTH CHORD BEARING RADIUS DELTA ANGLE CHORD LENGTH2*y04'O3‘ S 3<1M8'0*1* M Cl 2*12.00 146.14 146.65 PROPERTY OhJNER CERTIFICATE 5 07*3*1'20nTC242*1.50 25-Q5'54*166.14 166.64 that the subdivided property described in the survey / requirements For public road access and sewage CERTIFICATE OF SURVEY FOR: SURVEYOR'S CERVflCATEn I hereby certify that this is a true and correct ./{epresentation of a survey of the boundaries of the above described land, and-that this survey was propped by me or under my direct supervision and that I arn a duly Licensed Professional Land Survevor under the laws of the State of himesota Dated this 14th dav of JEFF t JOLEI^ GIEFERCENterline D AS a OF PUBLIC onstructedProperty Owner ROAIHATER BEACH 0,53' N'LY of E-H 1/4 LINE nnvTOtrt wn I cninpu i no«vu bv nciJ) nnnv Rick and Laura Heinie- Denied. (9:12 p.m.) - Continued After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the variance as requested noting the folloviring; 1.) the rules in place for planned unit developments are adequate, 2,) there is no adequate hardship unique to the property that would allow for the granting of the variance as requested and 3.) the comments shared by the Department of Natural Resources. Jeremy Bimberg - Approved the variance application as requested with a condition. (9:35 p.m.) Jeremy Bimberg, part of the Southeast Quarter of the Northwest Quarter, Section 6 of Hobart Township by Lake Six, requested a variance to subdivide by metes and bounds description an existing 8.31 acres parcel into a 6.27 acre parcel, which would be considered a buildable parcel for residential purposes and into an improved 2.04 acre parcel which would contain the present building site. Both parcels would have access to a public road. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres and the minimum size required for platted back lots within the shoreland area is 300’ of width and 80,000 square feet of area. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and carried with Michael Harris voting no, to approve the proposed subdivision as described in the variance application dated May 11,2006 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. It was noted that the parcel does have public road access and meets the minimum size required for platted lots on a recreational development lake. Hardship is the terrain of the applicant’s property. Bill Kalar, Land and Resource Department Director- Bill Kalar, Land and Resource Department Director appeared before the Board of Adjustment to review the variance granted to John and Barbara Hansen on April 6, 2006. The Board listened to the taped proceeding from the April 6, 2006 meeting and viewed a number of pictures. Four of the five board members indicated that the work completed to date was not what was authorized by the variance granted on April 6,.2006. The Secretary of the Board has decided not to attempt to summarize within these minutes the June 1,2006 discussion, but rather to incorporate by reference the taped proceedings of the discussion and to file the tape with the printed minutes. The taped proceedings can be accessed during normal business hours. With no further business, Randall Mann, Chairman declared the meeting adjourned at 10:03 p.m. Prepared by:[jC>jO*\r\a Wayrfe Stein, Secretary The minutes were mailed on Monday, June 5, 2006 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment on Thursday, July 6, 2006. Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 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: Jeremy Bimberg 51451 Lake Six Road Frazee, MN 56544-8915 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, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, June 1, 2006 at 8:30 p.m.5 in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) 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 Northwest Quarter, Property Address - 51451 Lake Six Road Section 6, Township 137, Range 40 - Township Name - Hobart Lake No. 56-369, Lake Name - Six, Class - RD The variance requested is - a variance to subdivide by metes and bounds description an existing 8.31 acres parcel into a 6.27 acre parcel, which would be considered a buildable parcel for residential purposes and into an improved 2.04 acre parcel which would contain the present building site. Both parcels would have access to a public road. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres and the minimum size required for platted back lots within the shoreland area is 300’ of width and 80,000 square feet of area. Stein- Board of Adjustment Secretary Date: May 12,2006 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 May, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jeremy Bimberg, 51451 Lake Six Rd, Frazee, MN 56544-8915 Lake Six Assoc., Marvin Mindermann, 924 10^ St S., Fargo, ND 58103 Deb Moltzan, Twp Clerk of Hobart, 47634 353'^'* Ave, Frazee, MN 56544 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®‘Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Etirchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment; Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501 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: May 15th, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud