HomeMy WebLinkAbout32000080059002_Variances_11-12-2020Variances
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Barcode 128
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1248455Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER,''REGISTRAR OF TITLES
FERGUS FALLS, MH
RECORDED ON
il,'T?,'2020 10:51 AM
FEE: 46.00
PAGES 13
WELL CERTIFICATE REC'D: N
RECEIVED
OCT 1 5 2020
LANDS RESOURCEU"«
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L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail, mn.usQTTCR TMl
T*f * 11 • ■
Application Fee
Receipt Number 2^
^0Accepted by Date
V 7Property Owner
Name Joseph J. and Jean K. Sailer
Address 833 Whitetail Lane
City Detroit Lakes
state MN
Zip 56501-4836
Daytime
Phone 218.844.0440
Email popeye@arvig.net
Parcel Information
Lake Class pQLake No Lake Name56-360 Rose Lake
Parcel Number(s)32000080059002
Parcel Number(s)
SectionTownship Name 8Hobart Towship
Legal Description 7.50 AC
PT GL 10 & PT NE1/4 SE1/4 COM SE COR SEC 8, N 1037.88', W 663.12' TO BG, N 753.74', S 83
DEG W 66.54', S 741.16', W 265.59', S 144.76'S 37 DEG W TO LK, SELY ON LK TO PT S OF BG,
N 833' TO BG
Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback SubdivisionStructure Size Sewage System
MiscellaneousClusterWECS
Version Date: 04/07/2020
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE:
SECTION OF ORDINANCE:_______
SKOSubd. Control & Shoreland Manaqement Ordinance lo.l].V11. Metes and Bounds and 11. District Reauirmeiri
I own a 7.5 acre property on Rose Lake. Rose Lake is a RD lake with 150' frontage requirement and
40,000 total square foot total area. Proposed Parcel A is 5.0 acres and has 266 feet of frontage and
Parcel B is 2.22 acres and has 416 feet of frontage. Parcel B has 48,349 s.f. of usable space which
exceeds the 8,400 s.f. required. Requesting a variance to allow a property subdivision by metes and
bounds for Parcel B.
H 0-
1 UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION
CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY.
I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION.
I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
it, to to l/'OOpfynTimeDate of Hearing
Motion
Joseph & Jean Sailer - Variance Application Approved as Requested (6:35 p.m.)
After consideration and discussion, Thomas Lee made a motion seconded by Douglas Larson and carried by roll call vote
to approve the variance request to create a 2.22-acre parcel with 416 feet of frontage for single family residential use. This
decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding
have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land &
Resource Management Department.
\Jfoo Ux
Chaimtan/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land & Resource Management
Copy of Application mailed to Applicant, County Assessor and MN DNR II'Li
L&R Official/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER Tflil
• • I
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Applicant:Joseph & Jean Sailer
Address/Parcel No. 50165 Sailer Rd / 32000080059002
Requested Variance: I own a 7.5 acre property on Rose Lake. Rose Lake is a RD lake with 150' frontage requirement and
40,000 total square foot total area. Proposed Parcel A is 5.0 acres and has 266 feet of frontage and Parcel B is 2.22 acres
and has 416 feet of frontaRe. Parcel B has 48,349 s.f. of usable space which exceeds the 8,400 s.f. required. Requesting a
variance to allow a property subdivision by metes and bounds for Parcel B. Parcel B will retain a single family dwelling
and a cabin.
Otter Tail County Ordinance: X Shoreland Mgmt. U Sanitation. □ Subdivision. □ WECS U Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: IV. 10. B.
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: There is a 3 sided woodshed which is currently on this property which is
owned by the neiRhbor. There was an agreement that they would just leave it where it is. They propose to create this lot for single
family residential use.
Otter Tail County Board of Adjustment - Variance Question Findings
Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
T No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
1.
The proposed lots will meet the requirements of the Shoreland Management Ordinance for size and lot width.
Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
2.
The proposed changes improve the property by creating 2 lots which will meet the size requirements of the Shoreiand
Management Ordinance.
Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
3.
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The topography of the land restricts the suitable area for use being considered.
4. Will the issuance of the variance maintain the essentiai character of the iocaiity? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar land use patterns and use of property in the vicinity of the request.
5. Does the need for the variance invoive more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The topography of the land.
The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: November 12, 2020
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
* 5 2020
• ’t
L,.. K:r. Of-COUNTY fit
01TER TAIL COUNTY. MN
V.'Cl.L CERTIFICATE ^ECE^^■ I •TRUSTEES DEEDBY Individual(s) to Joint Ter>^artfetT^'~^-
iNo delinquent fcaxea and tranifer entared; I 7
ICartlEicaia of Raal Eatata Valua <<4' filadl I
t( I not raquiradICortif Icata of Raal Eatata Valua No. t ,-r\I Trtrini'Mj
!^ - ?_________________.isSL.
\y \ IIb!i:u i: V. ,.'iiy tuwtfe/
Ccurtty i)f Ullcf Tall
I iMiay cmS .t v. 1M V'?W!i
t<n iKVi li» Ihil V'lii* «n I*'* ........
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.md WK du*r MIC^g’lKlIKt 1. ftK. I ___
.... ........'^CmitraKo^ I
I
ICounty Auditor I ...................................- . Dipuy
Won
I|'<' \Jo^ Da-vv^
OH
IBy
Oaputy___I I
ISTATE DEED TAX HEREONi $ 36.30
Lv , 19^/ I ii-M-Datai I 31JU
Ifreaarvad for raoordina data!'-H
FOR VALUABLE CONSIDERATION Archie Q. Sailer and Jean B. Spileraa Truataata) of
da tad Juno^ 1.Archie Q. and Jaan E.Sailer Revocable Living Truat Agreement
(Nana of Trust)
Joaeoh J. Sailer and Jean K. Sailer_____
^ 991. Orantora hereby convey(s) to _______, Orantae(a),
Countyi Kinneaota,as Joint tenanta, real property in Otter Tail
deaorlbed as followst
That part of Government Lot 10, Section 6, Township 137 North, Range 40
Neat, Otter Tail County, Ninneaota described aa followst
Commencing a the iron monument at the southeast corner of said
Section 8{ thence North 01 degrees 12 minutes IS seoonda East
asaumed bearing along the east line of said Seotion S, a distance
of 1037.86 feet; thence on a bearing of West 663.12 feet to an iron
monument; thence continuing on a bearing of Nest 331.60 feet to an
iron pipe monument; thence on a bearing of south 144.76 feet to an iron pipe monument, the point of beginning of the tract to be
described; thence reversing on a bearing of North 144,76 feet to on iron pipe monument; thence on a bearing of Bust 26S.59 feet; thence
South 01 degrees 07 minutes 10 seconds Nest 316.20 feet; thenoe,
South 37 degrees 50 minutes 08 seconds Neat 364 feet; more or lass,
to the shoreline of Rose L*ke;thence northwesterly, along the
Bhoreline of Rose Lake, to the intersection with the monumented
line which bears South 37 dagrees 50 minutes 08 seconds West from
^ the point of beginning; thence North 37 degrees 60 minutes 08
seconds Best 332 feet, more or less along the monumented line, to
the point of beginning containing 3.9 acres, more or less.
Together with and subject to a 66 foot wide easement for ingress and egress
as described below.
^ I
I
ill'U
i'
If \
Counly or t)lKT riilt
SIrtli- of Mhini’soUi
i;ax —n
T '
That part of aovornmeot Lot 10, Section 6, Township 137 North, Range 40
Heat, Otter Tall County, Hlnneaota deaorlbed as followsi
Commencing at the Iron monument at the southeaet corner of said
Section 8| thonce North 01 degrees 12 minutes 15 seconds Bast,
assumed bearing along thd east line of said Section 6, a distance
of 1037«B8 feet; thence In a bearing of Nest 683.12 feet to an Iron
monument, the point of beginning of the tract to be described;
thence North 01 degrees 07 minutes 10 seconds Bast 753.34 feet to
the southerly right-of-way line of County State Aid Highway Number 4 (CSAK #4); thence, South 83 degrees 48 minutes 25 seconds West
66.54 feet along the southerly right-of-way line of said CSAH #4;
thence South 01 degrees 07 minutes 10 seconds West 1062.36 feet;
thence South 37 degrees 50 minutes 08 seconds West 364 feet, more
or less, to the shoreline of Rose Lake; thence southeasterly, along
the shoreline of Rose Lake, to the intersection with the monumented line which bears South 01 degrees 07 minutes 10 seconds West from
the point of beginning; thence North 01 degrees 07 minutes 10
seconds Bast 833 feet, more or less along the monumented line, to the point of beginning containing 3.6 acres, more or less.
Subject to a 66 foot wide easement for Ingress and egress as described below.
EASENBNT DESCRIPTION
A 66 foot Wide easement for Ingress and egress over and across that part
of Oovernroent Lot 10 and that part of the Northeast Quarter of the
Southeast Quarter, Section 8, Township 137 North, Range 40 West, Otter
Tall County, Minnesota described as follows!
Commencing at the Iron monument at the southeast corner of said
Section 8; thence North 01 degrees 12 minutes IS seconds Bast,
assumed bearing along the east line of said Section 8, a distance
of 1037.88 feet; thence on a bearing of West 663.12 feet to an Iron
monument, the point of beginning of the easement to be described;
thence North 01 degrees 07 minutes 10 seconds East 753.34 feet to
the southerly right-of-way line of County State Aid Highway Number
(CSAH #4); thence South 83 degrees 48 minutes 25 seconds West 66.54 feet along the southerly right-of-way line of said CSAH #4; thence
South 01 degrees 07 minutes 10 seconds West 746.16 feet; thence on
a bearing of Nest 265.59 feet to an iron pipe monument; thence on a bearing of South 66.00 feet; thence on a bearing of East 330.31
feet; thence North 01 degrees 07 minutes 10 seconds East 66.01 feet
to the point of beginning.
together with all hereditaments and appurtenances belonging thereto.
Subject to easements, restrictions or reservations of record. If any.
TRUSTEES
f;
Archie G. Sailer
SJean Sailer 5
AFPIX DEED TAX ETAMP HERE
'STATE OF MINNESOTA I
) as.
COUNTY OF
r Th« forogoing instrument waa acknowledged before me this . " day of/.C k>f v/: : . _____, by Archie 0. Sailer and Jean E.! Sailer as
truatoe(a) of ' Archie 0 and-Jean E« Sailer Revocable Trust Aareenient dated
June 3, 1991 ( Name of Trust)’
Grantor( a).
: . T • krn\ </ />..Bignature of pere<^
Notarial Stamp or Seal
(or other title or rank)...iII-1 /) ■ ■'
taking acknowl^^^ment
Tax StatementB for the real property
described in this instrument should be
sent to (Include name and address of
Orantee)i
' (I
ITHIS INSTRUMENT WAS DRAFTED BYt
I (Name and Address)
I HUMMEL LAW FIRM
I 910 Lincoln Avenue
I P.O. Box 743
i Detroit Lakes, MN 56501
Joseph J. and Jean'K..Sailer
JLtiX .58.5,n nil I-. g
Fr a ze.o I MN 5654 4
'j-
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w ' -s...
No. 29-1^ - QUIt CLAIM DEED •L'
i• i
, ..K-•/''__2?
7\?y A
Wfle« of County Recorder
County of Otter Tell
* •'•T*! tiirttfir tut ti« ««Nn inMmmtnt wu tM
lndivkitia!(() to Jotol Tentou
No delinquent itxet and transfer entered; Certificate of Real
Estate Value ( ) filed
Certifaceie of Real EstateVcg-//. 19 SL/
Quu^t Vos.1
* County Auditor
vN
liOt required
ue Nc.____
RECEIV
OCT 15 20
LA JD8RESOI
zD •HI ON ^ ktcreatiwd a Dee. t *yg«- >^/V\ ___
” Cmiq Anortv
------ Da>»nr
3.,
by_;a^
Deputy 5^ ^L4/e|cavCrM*J^T\Ui|ipr
vgSTATE DEED TAX DUE HEREON: $1.65
(reserved for recording data)Date: October 7, 1994
FOR VALUABLE CONSIDERATION, Don CrocJer and Marie Crozler, httsband attd wife Grantors, hereby convcy(t) and quit
claim(s) to Joseph I. Sailer and Jean K. Sailer . Grantae($) as joint tenants, real property in OTTER TAIL County. Minnesota,
described as follows:
See Schedule \-4-A atfc ched hereto
"Total Consideration for this transfer was $500.00 or less."
The seller certifies that the seller does not know of any wells on the described real property.
(if more space li needed, continue on beck)
together with all hereditanients and appurtenances belonging thereto.
Don Crozler J
1
Cro25ierCounty Of Otter Tall
State of Minnesota
DEED TAX ....$-Z
Date
STATE fW Minnesota
ss
COUNTY OF Becker
The foregoing instrument was acknowledged before me this 7Ui day of October, 1994, by Don Crozier and Marie
Crazier, husband and wife. Grantor(s).
SlCliATL’kE OF PEttSONTAKJNO ACKNOWLETWEMENT
soTAMaafrMaaMMWMMNmwenmNMTrrstmnMVK)lAVERNE W.MOM7/ N f
2 4>»mA WOfAPf P<MJ0 ■ sOfA S
B£CKE« OOUWrY |
• kfy CamrniMlmFjfilraa Om. 1. ISX i 'fc
Tax Statements for ific real pr'.,pet9 deaentted in thii Instnimcni ahould be
acnl to (Include name and eJdresi of Ctanlee):
no tiange
THIS INSTRl" !EN T WAS tlRAFTED BY tN AME AND ADDRESS
Consolidated Abstract Company of Becker County
8.t5 Lake Avenue ^ n>i;iroil Lakes, MN 56501
e< "5
That part of Government Lot 10, Section 8, Township 137 North, Range 40 West, Otter
Tail County, Minnesota, described as follows; commencing at the iron monument at the
southeast comer of said Section 8; thence North 01*’12’1S" East, assumed bearing along the
east line of said Section 8, a distance of 1037.88 feet; thence in a bearing of West 663.12
feet to the point of beginning of the tract to be described; thence North 01” 07’10’* East
7S3.34 feet to the southerly right-of-way tine of County State Aid Highway Number 4
(CSAH #4); thence South 83” 48’ 2S” West 66.54 feet along the southerly right-of-way line
of said CSAH thence South 01” 07’ 10" West 1062.36 feet; thence South 37” 50’ 08"
West 364 feet, more or less, to the shoreline of Rose Lake; thence southeasterly, along the shoreline of Rose Lake, to the intersection with the monumented line which b^s South
01 ”07’ 10" West from the point of beginning; thence North 01” 07’ 10" East 833 feet, more
or less, along the monumented line, to the point of beginning.
Fq4>-No. CLAIM DEED I.-'.*
•?r»R05S /*.
lBdivi<tu.il<() to iolnt Trnaoti
No dclinqueul uxes uul transfer eaiered; Ctniflcaic of Real
Estate Value (
Certincate of Beal Estate Value No.
. 19___________________
Office of County Racorrter
County of Otiei Tail
I tanbr Mtffr ■« to «M nn'vinM tor nacre to vw omc* neyLL______ear m
____^Owut>
) nied ( ) not required
wu tud
F'ECEIVED
OCT 15 20I0
LA JDSRESO
County Auditor
by
Deputy
JRCi
STATE DEED TAX DUE HEREON: SI.65
(reserved for recording data)Date: October 7, 1994
FOR VALUABLE CONSIDERATION, Frank L. Noyes and Judy J. Noyes, husband and wife Orantors, hereby conveyfs) and
quit clainKs) to Joseph J. Sailer and Jean K. Sailer , Grantee(s) as joint tenants, real property In OTTER TAIL County,
Minnesota, described as follows:
See Schedule A-4-A attached hereto
The seller certifies that the seller does not know of any welts ou the described real property.
(ir more spate Is nr :sd, coatlaue on beck]
together with all berediiaments and s4.purtenances belonging thereto. yj
Frank L. Noyes
County Of Otter Tali
State of Minnesota
DEED TAX ....
jg=ih NO ^7<py
%-L ji
Dittc
STATE OF Minnesota
BS
COUNTY OF Becker
The foregot.ig mstruiueni ivs acknowledged before me this 7th day of October, 1994, by Frank L. Noyes and Jody J.
Noyes, husband and wife, Grantor(s).
Tse Satetnents lof ihc real prjpcity dcecribcd la this inemimciu ihaulil be
sent k> <Inchid< name and adireis of CnMec):
tHTtolkk ^sorwlrfruBUOjafwwow * ;
no change
iiiMe
ItllS INSTHUMENT WAS DRAFTFDBY (NAME AND ADDRESS
Consolidated Abstract Company of Becker Coj .
B35 Lake Avenue
Detroit Lakes. MN S6S01
T'.-t F 13 1
A 24.00 foot wide easement for driveway purposes over, under and across part of
Government Lot 10 and part of the Northeast Quarter of the Southeast Quarter in Section 8;
Township 137 North, Range 40 West of the fifth Principal Meridian in Otter Tail County,
Minnesota. The centerline of said 24.00 foot wide driveway easement is described as
follows:
Commencing at an iron monument which designates the southeast comer of said Section 8;
thence North 01 degree 12 minutes IS seconds East 1037.88 feet on an assumed bearing
along the east line of said Section 8; thence North 90 degrees 00 minutes 00 seconds West
663.12 feet to an iron monument; thence continuing North 90 degrees 00 minutes 00
seconds West 331.60 feet to an iron monument; thence South 00 degrees 00 minutes 00
seconds East 144.76 feet to an iron monument; thence South 37 degrees 50 minutes 08
seconds West 93.62 feet to the point of beginning of the centerline to be described; thence
North 49 degre^^-: lA minutes 31 seconds West 245.45 feet; thence northwesterly on a curve
concave to the .'O l.ieast, having a central angle of 48 degrees 01 minute 58 seconds and a
radius of 170.00 leet, for a distance of 142.52 feet (chord bearing North 25 degrees 33
minutes 32 seconds West); thence North 01 degree 32 minutes 33 seconds West 298.06
feet; thence northerly on a curve concave to the east, having a central angle of 35 degrees 14 minutes 37 secotids and a radius of 270.00 feet, for a dlstaace of 166.08 feet (chord
bearing North 16 degrees 04 minutes 45 seconds East); thentv North 33 degrees 42 minutes
04 seconds East 159.15 feet; thence North 00 degrees 05 minutes 15 seconds West 40 feet«
more or less, to the centerline of County State Aid Highway No. 4 and said easement
centerline there terminates. At the point of begimting said easement centerline the sidelines
of said easement shall be prolonged or shortened to terminate on a line which bears North
37 degrees SO minutes 08 seconds East and South 37 degrees 50 minutes 08 seconds West
from said point of beginning. At the point of termination of said easement centerline the
sideline^ of said easem .'^t shall be prolonged or shortened to terminate on the centerline of
said County State Aid Highvv'ay No. 4.
■,r
76^056'm N«. M-M . QUIT CLAIM DEED
Indivldiul(t) to Joial Terunts
ic« ul County Recordef
County of Ott«r TaHNo deJinquent uwe* *nd iransfer entered: Certificate of Real
Estate Value ( ) filed ( ) not required
Cenificate of Rea) Estate Value No. ________
19___________________
RECEIVED
OCT I
AND&RtSOURC!
J
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $1.65
(reserved for recording dau)Date; October 7, 1994
FOR VALUABLE CONSIDERATION, Archie O. Sailer and Jean E. Salter, husband and wife Grantors, hereby convey(s) and
quit c1aim(s> to Joseph J. Sailer and Jean K. Sailer , Cran(ee(s> as joint tenants, real property in OTTER TAIL County,
Minnesota, described as follows:
See Schedule A.4-A attached hereto
The seller certifies that the seller does not know of any wells on the described real property.
(if mora spte« is netded. ceadime on back)
together with sJ] bereditan s and appurtenances belonging thereto.
Archie G. Sailer
.. _ Jei. S' i.Ter
>'L'
County Of Otter Tail
State of Minnesota .
DEED TAX....................$_X
45^
No.Da<«.
STATE OF Minnesota
ss
COUNTY OF Becker
The foregoing instrument was acknowledged before me this 7th day of October, 1994, by Archie G. Sailer and Jean B.
Sailer, husband and wife, Gramor(i).
*----^NATUU OF l>E^N TAIONO ACKNOW»^)GEMENT
Tar Staieimmi for cIm nal properly deactibed tn (Mi Insinnneni ihould be
sem to (Inchidi name i nd addnu of OrentiK):
no vbanfe "UWERNEM. MCuTZAN
ttCTi i.rtv rvxxJ • mu 'ssota iWl BeCKER COUNTYX
ntis INSntCMENT WAS DRAFTED *Y (NAME AND ADDRES.tl
I z.-fConsolidated Abstract Company of Becker County
835 Lake Avenue
^tVetroic Lakes, MN 56501
6c 7
>•< p M
•• :
A 24.00 foot wide easement for driveway purposes over, under and across part of
Government Lot 10 and part of the Northeast Quarter of the Southeast Quarter in Section 8;
Township 137 North, Rarpo. 40 West of the fifth Principal Meridian in Otter Tail County,
Mirr esota. The centerline of said 24.00 foot wide driveway easement is described as
follows:
Commencing at an iron monument which designates the southeast comer of said Section 8;
thence North 01 degree 12 minutes IS seconds East 1037.88 feet on an assumed bearing
along the east line of said Section 8; thence North 90 degrees 00 minutes 00 seconds West
663.12 feet to on iron monument; thence continuing North 90 degrees 00 minutes 00
seconds West 331.60 feet to an iron monument; thence South 00 degrees 00 minutes 00
seconds East 144.76 feet to an iron monument; thence South 37 degrees SO minutes 08
seconds West 93.62 feet to the point of beginning of ihe centerline to be described; thence
North 49 degrees 34 minutes 31 seconds West 24S.4S feet: thence northwesterly on a curve
concave to the northeast, having a central angle of 48 degrees 01 minute 58 secon-is and a
radius of 170.00 feet, for a distance of 142.52 feet (chord bearing North 25 degrees 33
minutes 32 seconds West); thence North 01 degree 32 minutes 33 seconds West 298.06
feet; thence northerly on a curve concave to the east, having a central angle of 35 degrees
N minutes 37 seconds and a radius of 270.00 feet, for a distance of 166.08 feet (chord
beuing North 16 degrees 04 minutes 45 seconds East); thence North 33 degrees 42 minutes
04 seconds East 159.15 feet; thence North 00 degrees 05 minutes 15 seconds West 40 feet,
more or less, to the centerline of County State Aid Highway No. 4 and said easement
centerline there terminates. At the point of beginning said easement centerline the sidelines
of said easement shall be prolonged or shortened to terminate on a line which bears North
37 degrees 50 minutes 08 seconds East and South 37 degrees 50 minutes 08 seconds West
from said point of beginning. At the point of termination of said easement centerline the
sidelines of said easement shall be prolonged or shortened to terminate on the centerline of
said County State Aid Highway No. 4.
STAFF REPORT
Joseph J. and Jean K. SailerAPPLICANT:
I own a 7.5 acre property on Rose Lake. Rose Lake is a RD lake with 150' frontage
requirement and 40,000 total square foot total area. Proposed Parcel A is 5.0 acres and
has 266 feet of frontage and Parcel B is 2.22 acres and has 416 feet of frontage. Parcel B
is 48,439 s.f. of usable space which exceeds the 8,400 s. f. required. Requesting a
variance to allow a property subdivision by metes and bounds for Parcel B
Parcel B will retain a single family dwelling and a cabin.
APPLICATION:
50165 Sailer RD, Frazee 56544 32000080059002LOCATION:
LAKE NAME/NUMBER/CLASS: Rose, 56-360, RD
STAFF WHO COMPLETED REPORT: Chris LeClair
H Otter Tail County VisH the County Websrte
staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1.
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION IV, Subp. 10, B
Platting:
All subdivisions with lots or parcels that are less than 5 acres in size must be platted in accordance with Minnesota
Statutes 505. No conveyance or other document creating a subdivision of any real property other than by a duly
approved plat, shall be recorded, unless accompanied by a registered surveyor's drawing for recording.
B.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. Site visit November 4, 2020
2. Neighbors wood shed in existing 66 foot wide strip off of CSAH 4
3. Parcel A would have a 66 foot wide access off of CSAH 4
4. Parcel B would not have the required 66 foot wide dedicated road access off of CSAH 4
mi m
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Joseph J. & Jean K. Sailer
833 Whitetail Lane
Detroit Lakes MN 56501
Has/have 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, November 12, 2020 at 6:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description;Parcel No. - 32000080059002
Pt of GL 10 ...7.50 Acres
Section 8, Township 137, Range 40
Township Name - Hobart
Rose (56-360), Recreational Development (RD)
50165 Sailer Road, Frazee MN 56544
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
I own a 7.5 acre property on Rose Lake. Rose Lake is a RD lake with 150' frontage requirement and
40,000 total square foot total area. Proposed Parcel A is 5.0 acres and has 266 feet of frontage and
Parcel B is 2.22 acres and has 416 feet of frontage. Parcel B has 48,349 s.f. of usable space which
exceeds the 8,400 s.f. required. Requesting a variance to allow a property subdivision by metes and
bounds for Parcel B. Parcel B will retain a single family dwelling and a cabin.
October 29, 2020 Amy Busko
Board of Adjustment Secretary
@ ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
I" -i
SKETCH OF PROPOSED SPLIT FOR VARIANCE APPLICATION
PART OF GOVT LOT 10, SECTION 8,
T.137N., R.40W., OTTER TAIL COUNTY, MNa
k OTTER TAIL COUNTY ORDINANCE
(RECREATIONAL DEVELOPMENT)t
ORDINARY HIGH WATER SETBACK 100 FEETiTOP OF BLUFF SETBACK 10 FEET110 FEETSIDE YARD SETBACK
■if
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LOT REQUIREMENTS OTC
SHORELAND ORDINANCE
150' FRONTAGE
40,000 S.F. TOTAL SQUARE FOOTAGE %8.400 S.F. BUILD ABU AREA
\XIIPARCEL ALEGEND I' •5.00 ACRES rFOUND IRON 'P'
■SET REBAR CAP 50732O
PROPERTY LINE¥SECTION LINE
ADJOINING OWNER LINES
PROPOSED EASEMENT1anEXISTING EASEMENT
TOP OF BLUFF
BUILDING SETBACK
ORDINARY HIGH WATER LINE
.u.. BUILDINGitASPHALT SURFACE[]
CONCRETE SURFACEEjD4*
CERTIFICATION
I hereby cenify that this survey, plan, or report was prepared by
me or under my direct supervision and that I am duly Licensed.r'iurvey^under the laws of the state of Minnesota.Lai
ikTfJsenTFaTPLS, 50732 Dal
compassconsultants inc.
Perham, MN 218-347-3620
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PAGE toftTrustCom pass.com 2400120
5RV 20-0168 VARfANCE
F’,-'
JOe SAILER 'N.
■■rtA -’T' -■
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
ottertailcountymn.us
RECEIVED
OCT 19 2020
-AND & RESOURCE
OTTCR TAIIT»ff«TT-«i«atioia
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER & MARCH 31^^
I understand that, due to extenuating circumstances, the Planning Commission
Members and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel
VbR) Fi/uce__________________
_____), described on
Application(s) datedmy
JO
Since this is the case, it may not be possible for Otter Tail County to meet the
legal requirement to take action within 60 days of receipt of my completed
Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view my
property before taking action on my Application(s).
I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence
of waiving the 60-Day Rule, the County may have no alternative but to deny
my Appllcation(s).
ic -I^'20
7 PROPERTY OWNERDATED
LR: Foims: Waiver 60 Day Rule 03-17-2020
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 29'^ day of October, 2020 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included In the attachment;
)
Township Clerk
Debi Moltzan, Clerk
Hobart Township
47550 353rd Ave
Frazee, MN 56544
Lake AssociationProperty Owner
Joseph & Jean Sailer
833 Whitetail Lane
Detroit Lakes MN 56501
NA
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Ne^Perham):LittlelH^nald
Little P Jl^Big Pine:
Pelic^ FisnSBass & Lt Pelican: Pelican Lake Group Lake Imp, Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13'*^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
__Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537
X Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
LU
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: David Tritcs, 20944Wcstwood Dr., Clitherall MN 56524
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. -----------------------------------------------------------------------
Number of Notices &
Envelopes to Print
Dated: October 29, 2020 File____1
Amy Busko, Secretary
Otter Tail County Board of Adjustment
Extra
BOA Members___5
5
PC Member
Envelopes _
TOTAL NOTICES TO PRINT _
1—1 Added to Agenda I__I
1 MinutesBy:
8Amy Busko
20
Map
□Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focusl:\BOA\November BOAtSailer Affidavit (360) 11-12-20.docx
Buffer Parcels
Citv St ZiDAddr 2Parcel No Addr 1Name 1 Name 2
Frazee MN 56544 896732000080057002 Jimmie & Deann Anderson 1st 34890 County Highway 4
Frazee MN 56544 896732000080058000 Timothy & Colleen Nustad 35044 Co Hwy 4
Frazee MN 56544 896732000080058001 Colleen Nustad 35044 Co Hwy 4
Frazee MN 56544 896832000080059000 Frank L & Judy J Noyes 50378 Sailer Rd
Brainerd MN 56401617332000080059001 Anthony G Sailer 9751 Andberg Way
Detroit Lakes MN 56501 483632000080059002 Joseph J & Jean K Sailer 833 Whitetail Ln
Frazee MN 56544 8902Kimberly & Jay Antonsen 35145 County Highway 432000080060000
Hawley MN 56549 054232000170131000 Andrew & Christopher Peterson 410 10th St PO Box 542
Page 1 of 1Monday. October 26, 2020
Buffer Mail
City, State, ZipAddress i Address 2Name
Kimberly & Jay Antonsen 35145 County Highway 4 Frazee MN 56544 8902
Jimmie & Deann Anderson 1st 34890 County Highway 4 Frazee MN 56544 8967
Frank L & Judy J Noyes 50378 Sailer Rd Frazee MN 56544 8968
Colleen Nustad 35044 Co Hwy 4 Frazee MN 56544 8967
Timothy & Colleen Nustad 35044 Co Hwy 4 Frazee MN 56544 8967
Andrew & Christopher Peterson 410 10th St Hawley MN 56549 0542PO Box 542
Anthony G Sailer 9751 Andberg Way Brainerd MN 56401 6173
Joseph J & Jean K Sailer 833 Whitetail Ln Detroit Lakes MN 565014836
Monday, October 26, 2020 Page 1 of 1
Amy Busko
vcl;
NOV 10 2020
LAND & RESOURCE
FW: November 12, 2020 Variance HearingSubject:
From: Tim Nustad <tim.nustad(5)vahoo.com>
Sent: Tuesday, November 10, 2020 11:35:42 AM
To: Otter Tail County Land <land(Sco.ottertail.mn.us>
Cc: Tim Nustad <tim.nustad@vahoo.com>
Subject: November 12, 2020 Variance Hearing
Attention: Otter Tail Board of Adjustment
This letter is to express concern for the Variance applied for by Joseph and Jean Sailer.
If this Variance is granted approval the Applicants would make a road from the proposed Parcel A
out to County Hwy 4 to have access to it.
We are the property owners bordering this area. My wife's parents (Don and Marie Crozier) were
the previous owners'.
It was believed that the property line was the old fence line which is now the tree line.
For their entire lifetime the Croziers maintained this area up to the tree line as their lawn and
garden area. They built a pole shed building on this area in 1988.
If this Variance is approved the access road would go through a large area of what was always
thought to be our land.
The pole shed building would have to be destroyed and part of our lawn and garden area with
underground water sprinkler system would be lost.
Please consider our concern when making your decision on this Variance.
Tim and Colleen Nustad
35044 Cty Hwy #4
Frazee, MN 56544
701-361-9187
tim.nustad@vahoo.com
1
Amy Busko
From:
Sent:
Amy Busko
Tuesday, November 10, 2020 12:02 PM
Dave Trites; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas
(Tom) Lee
Chris LeClair; Kyle Westergard
FW: November 12, 2020 Variance Hearing
To:
Cc:
Subject:
Below is correspondence in regards to the Sailer Variance Request.
Have a great day
AMY
From: Tim Nustad <tim.nustad(S)vahoo.com>
Sent: Tuesday, November 10, 2020 11:35:42 AM
To: Otter Tail County Land <land@co.ottertail.mn.us>
Cc: Tim Nustad <tim.nustad(5)vahoo.com>
Subject: November 12, 2020 Variance Hearing
Attention: Otter Tail Board of Adjustment
This letter is to express concern for the Variance applied for by Joseph and Jean Sailer.
If this Variance is granted approval the Applicants would make a road from the proposed Parcel A
out to County Hwy 4 to have access to it.
We are the property owners bordering this area. My wife's parents (Don and Marie Crozier) were
the previous owners'.
It was believed that the property line was the old fence line which is now the tree line.
For their entire lifetime the Croziers maintained this area up to the tree line as their lawn and
garden area. They built a pole shed building on this area in 1988.
If this Variance is approved the access road would go through a large area of what was always
thought to be our land.
The pole shed building would have to be destroyed and part of our lawn and garden area with
underground water sprinkler system would be lost.
Please consider our concern when making your decision on this Variance.
Tim and Colleen Nustad
35044 Cty Hwy #4
Frazee, MN 56544
701-361-9187
tim.nustad(a)vahoo.com
1
Amy Busko
Amy Busko
Tuesday, November 10, 2020 12:06 PM
popeye@arvig.net
Variance Corrspondence
SPRTLR0220111011580.pdf
From;
Sent:
To:
Subject:
Attachments:
Good Afternoon -
I am forwarding you correspondence we received in regards to your variance request you submitted.
If you have any questions, please feel free to contact me.
Thanks and have a great day
AmyJ. Busko
Land & Resource Management
Government Services Center
Otter Tail County
540 West Fir Ave
Fergus Falls, MN 56537
218'998-^8096
OTTER TAIL
COUNTY ■ MINNESOTA
From: PRTLR02@CO.OTTERTAIL.MN.US <PRTLR02@CO.OTTERTAIL.MN.US>
Sent: Tuesday, November 10, 2020 11:59 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: Scan from OTC Land & Resource
1
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