HomeMy WebLinkAbout32000210154024_Variances_07-05-2012Variances
Barcode 128
^-5-zai.1111782—*■
Date Stamp DOC# 1111782
1111782
Fee: $46.00
Well Certificate [ ] Rec'd
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTAreceived
MW 2 t 2»'2
& RESOURCE
Certified, Filed, and/or Recorded:
July 09, 2012 1:00 PM
Wendy L. Metcalf, Recorder
Returned To:
LAND & RESOURCE
L&R Initial By: LL
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
^OCyOOApplication Fee
Receipt Number //
Accepted By / Date
COMPLETE THIS APPLICATION IN BLACK INK
jO I AiAJ ^<oSO/
(2oS(2-
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
LAKE CLASS 0>LAKE NAMELAKE NUMBER
yr^CQciirt(S-7 VOTOWNSHIPRANGE TOWNSHIP NAMESECTION
S>. (Zonfi.C(rJcc< i2cj'E-911
ADDRESS
PARCEL
NUMBER 600 rZ(0 02H
LEGAL DESCRIPTION
PT SEl/4 COM S 1/4 COR SEC 21, N 800’ TO PT BG, E 1211’, N 20’, E 195.83’, N 789.32’, S 75 DEG W
57.75’, N 34.02’, S 81 DEG W 33.39’, N 17.56’, W 560.40’, N 69 DEG W 366.78’, N 36 DEG W 151.50’, N
76 DEG W 185.17’, S 5 DEG E 418.92’, W 200’, S 736.06’ TO BG.
TYPE OF VARIANCE REQUESTED (Please Check)
iC Cluster WECS Misc.Structure Size Sewage System SubdivisionStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Requesting a variance from subdivision control ordinance to allow sale of a 5 acre parcel from Timothy R. Po-
sch to James D. Jensen, including a 36’x26’ partially completed garage on the parcel, without platting, and as a
substandard nonresidential lot which would be permantly attached to the existing lake lot, T4, owned by James
D. Jensen. The 5 acre parcel is predominantly wetland and contains approx. 9,300 sq. ft. (0.27 acres) of dry
land suitable for nonresidential outbuildings or septic drainfields, taking into consideration the 20’ construction
setback from the road easement. Posch to retain 23.82 acres. 5 acre parcel to be permantly attached to Parcel#
R32-000-21-0154-006.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS 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.
/7'/^
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING^[\|NED
(Applicant Will Receive Notification As To The Date/Time Of Heanng^ '
345,194 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota
*
SlO/3^TimeDate Of Hearing <\)
Motion
Timothy R. Posch - Approved the variance application as requested with conditions. (6:32 p.m.)
After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously
carried, to approve a variance from the subdivision controls ordinance to permit the sale of a 5 acre nonresidential
parcel, which currently includes a 36’ by 26’ partially completed garage, from Timothy R. Posch to James D. Jensen
with the condition that this 5 acre parcel must be permanently attached to the lake lot identified as Lot T4 on the
drawing submitted with the application and with the condition that a registered surveyor’s drawing must be presented
at the time of conveyance.
irman/Otter Tail County Board of ApljtjC stment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
y No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
t
1104095 DOC# 1104095 1104095
Fee: $46.00
Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd
February 02, 2012 11:15 AM
Wendy L. Metcalf, Recorder
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
/T i
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( nol required.
Certificate of Real Estate Value No---------------------------------
Cfmr)Refumed To:
THORNTON REIF DOLAN 80WEN S KLECKER
1017 BROADWAY
POBOX 819
ALEXANDRIA. MN 5630Q
Wayne Stein, County Auditor {
by
3^-00
QUIT CLAIM DEED
Business Entity to Individual(s)
Minnesota Uniform Conveyancing Blanks
Form 10.3.4 (2006)
deed tax ?5
FOR VALUABLE CONSIDERATION, Catherine A. Posch, as Chief Manager of Fig Tree
Investments, LLC, a limited liability company under the laws of Minnesota, Grantor, hereby
conveys and quitclaims to Timothy R. Posch, Grantee, real property in County,Minnesota, legally described as follows; Otter Tail
STATE DEED TAX DUE HEREON: S1.65
uAkDate:., 2011
SEE ATTACHED EXHIBIT A.
___Check here if all or part of land is registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
THIS DEED SHALL CONVEY ALL AFTER ACQUIRED TITLE OF THE GR.ANTORS.
TOT'AL CONSIUER.‘V!iON FOR 1 HIS I'KA.NSFEU OF PROi'ERl'Y IS S500 OR LESS.
FIG TREE, LLC
Catherine A. Posch, Its Chief Manager
By:
Affix Deed Tax Stamp Here
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this |(j day of NQvgmt^'f . 2011,
by Catherine A. Posch, as Chief Manager of Fig Tree Investments, LLC, a limited liability
company under the law of Minnesota, Grantor.
Signature of Person Taking Acknowledgment
CUO
jl^il MOT.UPY PUBLIC-MINNESOTA
„ l.t; r.or.tr,issior EjoIim Jan 31.2015 j
THIS INSTRUMENT WAS DRAFTED BY:
THORNTON, REIF, DOLAN,
BOWEN & KLECKER, P.A.
1017 Broadway, P.O. Box 819
Alexandria, MN 56308-0819
File #09-342M
Tax Statements for the real propeiTy
described in this instrument should be sent
to (include name and address of Grantee);
Timothy Posch
101 Roosevelt Avenue
Detroit Lakes, MN 56501 SCANNED
V '>
• .*-
EXHIBIT A
That part of the SEl/4, Section 21, Township 137 North, Range 40 West, Otter Tail County,
Minnesota, described as follows: Commencing at the northeasterly comer of the West 600.00
feet of the East 616.50 feet of the South 1025.00 feet of said SEl/4; thence on an assumed
bearing of North 00 degrees 00 minutes 14 seconds West parallel with the east line of said SEl/4,
a distance of 882.64 feet; thence South 75 degrees 56 minutes 12 seconds West a distance of
1237.04 feet to the westerly line of the East 1216.50 feet of said SEl/4, being the point of
beginning of the land to be described; thence continuing South 75 degrees 56 minutes 12 seconds
West a distance of 57.57 feet; thence North 00 degrees 09 minutes 37 seconds East a distance of
34.02 feet; thence North 81 degrees 06 minutes 09 seconds West a distance of 33.39 feet; thence
North 00 degrees 09 minutes 37 seconds East a distance of 17.56 feet; thence North 89 degrees
22 minutes 21 seconds West a distance of 560.40 feet; thence North 69 degrees 27 minutes 51
seconds West a distance of 366.78 feet; thence North 36 degrees 50 minutes 51 seconds West a
distance of 151.50 feet; thence North 76 degrees 04 minutes 21 seconds West a distance of
337.75 feet to the west line of said SEl/4; thence South 00 degrees 13 minutes 29 seconds East
along said west line of the SEl/4, a distance of 1192.04 feet to the northerly line of the South
800.00 feet of said SEl/4; thence North 89 degrees 53 minutes 29 seconds East along said
northerly line, a distance of 1211.00 feet to the easterly line of the West 1211.00 feet of said
SEl/4; thence North 00 degrees 13 minutes 29 seconds West along last said easterly line, a
distance of 20.00 feet to the northerly line of the South 820.00 feet of said SEl/4; thence North
89 degrees 53 minutes 29 seconds East along last said northerly line, a distance of 195.83 feet to
said westerly line of the East 1216.50 feet; thence North 00 degrees 00 minutes 14 seconds West
along last said westerly line, a distance of 789.32 feet to the point of beginning. Subject to an
easement for ingress and egress purposes, over, under and across that part of the West 33.00 feet
of the East 1249.50 feet of the SEl/4, Section 21, Township 137 North, Range 40 West, Otter
Tail County, Minnesota.
EXCEPTING THEREFROM:
That part of Government Lot 5, Section 21, Township 137 North, Range 40 West, Otter Tail
County, Minnesota described as follows: Commencing at the south quarter comer of Section 21;
thence North 00 degrees 39 minutes 43 seconds West on an assumed bearing along the north-
south quarter line of said Section 21 a distance of 1536.06 feet to the point of beginning of the
tract to be described; thence continuing North 00 degrees 39 minutes 43 seconds West along said
north-south quarter line a distance of460.31 feet; thence South 76 degrees 01 minutes 16
seconds East a distance of 169.80 feet; thence South 05 degrees 33 minutes 06 seconds East a
distance of 418.92 feet; thence South 89 degrees 20 minutes 17 seconds West a distance of
200.00 feet to the point of beginning.' Subject to roadways and easements of records, if any.
SCANNED
- EARNEST MONEY LETTER AGREEMENT -
These funds ($} are considered earnest money and are to be
applied to the possible future purchase or lease of land and property owned by Tim
Posch along the south side of the South Rose Lake Road easement in Hobart Township,
Minnesota. This land/property is located directly to the south of a lakefront lot which
I currently own and is separated by the road easement.
In the event a purchase or lease does not materialize within 6 months from the
date below regarding this property, the funds shall be returned to me in their entirety
upon request;
-Or-
In the event a purchase or lease does materialize, and the actual agreed upon
amoimt is less than the amount shown above, the excess funds shall be returned to me
upon request.
-Or-
In the event a purchase or lease does materialize, and the actual agreed upon
amount is more than the amount shown above, Tim Posch will keep the amount of
funds shown above plus be entitled to an additional amount.
In the event I become physically or mentally incapacitated during the 6 months
following the date of this Letter Agreement, the total amount shown above will be
returned to my wife. Dawn M. Jensen (970-631-3775), or in the event of my death, to
the Executor of my estate, Andrew Breck Jensen (andy.jensenll@gmail.com).
In the event Tim Posch becomes physically or mentally incapacitated during the 6
months following the date of this Letter Agreement, the total amount shown above
will be returned to me by his appointed guardian, or in the event of his death, the total
amount shown above will be returned to me by the Executor of his estate.
Neither this Letter Agreement nor the conveyance of these funds to Tim Posch
shall be considered a contract to buy land or property. Both parties understand that a
sale or lease may not materialize due to events beyond my control.
James flljehsen362DS^. Rose Lake Road, Frazee, MN 56544Date
i /i /r //
Tim Pose;Date
36^*^ S. Rose Lake Road, Frazee, MN 56544
SCANNED
PURCHASE AGREEMENT
This Agreement entered into this
who agree as follows;
day of .,2012 between Seller and Purchaser,
Definitions. For the purpose of this Agreement:1.
"Agreement" shall mean this Purchase Agreement between Seller and Purchaser.
"Purchase Price" shall mean the monetary consideration for the purchase of the Property.
"Closing Date" shall be on or before April 30,2012 at a time and place to be designated.
"Earnest Money" shall mean the sum of Ten Thousand and no/100 Dollars ($10,000.00)
paid to Seller, to be offset against and applied to the Purchase Price.
"Property" shall mean the following described real estate, together with all improvements,
hereditaments and appurtenances, in the County of Otter Tail, in the State of Minnesota:
a.
b.
c.
d.
e.
5 aeres directly south of Buyer's lake property at 36205 South Rose Lake Road, Hobart
Township, Otter Tail County, Minnesota, part of tax parcel no. 32.000210154024, to
include existing garage improvements.
f."Purchaser" shall mean James D. Jensen and/or assigns.
"Seller" shall mean Timothy R. Posch, single person.g-
Purchase. Seller hereby sells, and Purchaser hereby buys, the Property.2.
Title. Seller warrants that title to the Property is, on the date of this Agreement, subject
only to the following exceptions:
3.
Covenants, conditions, restrictions, declarations and easements of record, if any;
Reservations of mineral or mineral rights in the State of Minnesota, if any;
Building, zoning and subdivision laws and regulations;
The lien of real estate taxes and installments of special assessments which are payable by
Purchaser pursuant to this Agreement; and.
The following lines or encumbrances;.
a.
b.
c.
d.
e.
4. Purchase Price. The Purchase Price shall be the sum of Sixteen Thousand and no/1 OO's
Dollars ($16,000.00) reduced by the Earnest Money, payable as follows:
Buyer shall pay the balance of $6,000.00, together with interest from the date of closing
.% per annum, according to the terms of a promissory note, secured
by a mortgage on the property sold, in annual installments of $2,000 each due on the
anniversary date of closing of each year subsequent to closing, until
, 2015, at which time the entire unpaid principal balance together with accrued
interest shall be due and payable in full.
at the rate of
SCANNED
1
5. At Closing. At the closing and upon receipt of the unpaid balance of the Purchase Price,
Seller shall execute, acknowledge and deliver the Warranty Deed to Purchaser. Purchaser shall
execute and deliver to Seller a Promissory Note and Mortgage. Seller and Purchaser agree to the
following prorations and allocations of costs regarding this Agreement;
Seller will pay all costs of title evidence.
Seller shall pay all state deed tax regarding the Warranty Deed to be delivered to
Purchaser under this Agreement.
Seller shall pay the cost of recording all documents necessary to place of record title in
the condition warranted by Seller and requested by Purchaser in this Agreement.
Purchaser will pay the cost of recording the Warranty Deed from the Seller, and the Seller
Mortgage.
Each party will pay one half of the closing costs.
Each of the parties will pay its own attorney's fees.
Survey and subdivision expenses will be divided equally between the parties.
a.
b.
c.
d.
e.
f.
g-
6. Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be
adjusted as follows:
Current Year's Taxes. All real property taxes and installments of special assessments, if
any, which have become a lien on the Property ("Taxes") and which are due and payable prior to
the year in which Closing occurs, shall be paid by Seller at or prior to Closing. All Taxes which
are due and payable in the year in which Closing occurs, shall be prorated to the Closing date and
Seller's portion shall be paid by Seller at Closing (or proration shall result in Seller's payment of
Taxes from January 1 to the date immediately prior to the Closing Date and Purchaser's payment
of Taxes from the Date of Closing to December 31).
a.
Assessments. All charges for improvements or services already made to or which benefit
the Property, and all levied and pending assessments (general or special) arising out of or in
connection with any assessment district created or confirmed prior to the Closing Date
("Assessments") shall be paid in full by Seller at Closing.
b.
Seller's Warranties.7.
Seller covenants that all buildings are entirely within the boundary lines of the property.a.
Seller warrants that they have not done, executed, or suffered any act or thing whatsoever
whereby the above described premises or any part thereof, now, or at any time hereafter, shall or
may be imperiled, charged or encumbered in any manner whatsoever.
b.
Seller warrants that there is an approved connection to a public electric utility that
supplies power to the garage.
c.
Seller certifies there are no wells or septic systems on the property.d.
SCANNED2
Seller warrants that there are no fuel oil or gasoline spills on the property, and that Seller
has no knowledge of any contamination existing on the property, or that any other hazardous
substance has been stored or disposed of on the property including but not limited to petroleum
and asbestos, or that any other substance or condition exists that would give rise to
environmental contamination.
e.
Property Sold "AS IS". The property being purchased by Buyer, including the garage,
other improvements and fixtures, is not new, and is being purchased “AS IS.”
f.
RIGHT AND DUTY OF INSPECTION: Buyer shall have the right and duty to inspect the
property or to have them inspected by a person of Buyer’s choice, at Buyer’s expense. Buyer
shall have the right to make a pre-closing inspection of the property, to determine that the
property is in the same condition as of the date of this addendum. Buyer waives the disclosure
requirements contained in Minnesota Statutes Sections 513.52 et seq., 116.48, 115.55 and any
other disclosures required by statute, ordinance or rule.
THE SELLER MAKES NO REPRESENTATION OR WARRANTY regarding the
condition of the property or the suitability of the property for any intended use by Buyer.
SETTLEMENT IS FINAL: It is understood the Buyer accepts the property “AS IS.” ANY
WARRANTIES OF PHYSICAL CONDITION OF THE PROPERTY CONTAINED IN
THIS PURCHASE AGREEMENT ARE VOID.
The Seller has no further responsibility or liability with respect to the condition of the property.
This provision shall survive delivery of the deed.
8. Additional Terms and Conditions. The purchase of the Property shall be subject to the
following additional terms and conditions:
Seller to remove all personal property not included in the sale from the property prior to
December 31, 2012, or such other date the parties may agree to. Seller and Purchaser shall agree
in writing as to what, if any, personal property is included in this sale.
a.
b. No Diminishing or Encumbering Title. Seller agrees not to convey, mortgage or do any
act to diminish or encumber the title to the Property while this Agreement remains in force.
Evidence of Title. Within fifteen (15) days of the execution of this Agreement, Seller
shall cause the abstract of title to the Property to be brought current at Seller's expense and
delivered to Purchaser. Purchaser shall have fourteen (14) days to examine the abstract. If title
is found defective. Purchaser shall, within five (5) days thereafter notify Seller in writing
specifying the defects. If the defects render title unmarketable. Seller shall have one hundred
twenty (120) days from receipt of notice within which to make title marketable. If Seller is
unsuccessful in making title marketable within said time. Purchaser may in Purchaser's sole
discretion, accept the title as it then is, or demand a rescission and a refund of the Earnest Money.
In the event of rescission. Purchaser and Seller shall be released as to one another of all further
obligations xmder this Agreement. However, Seller agrees that Seller will, if title is found
c.
SCANNED3
unmarketable, use diligent effort to correct the defective title within the time provided, including
the bringing of necessary litigation.
If the title to property is marketable or is made so within the time allowed, and the Buyer
shall default in any of the agreements and continue in default for ten (10) days, then the Seller
may terminate this contract. On termination the Seller shall keep all payments made on this
contract as liquidated damages. Time is of the essence of this contract. Neither party shall be
deprived of the right of enforcing the specific performance of this contract, if the contract is not
terminated. Any action to enforce specific performance shall be started within six (6) months
after the right of action arises.
d.
In the event Buyer defaults in his performance of the terms of this agreement and notice
of cancellation is served upon the Buyer pursuant to Minnesota Statutes 559.21, the termination
period shall be thirty (30) days as permitted by subdivision 4 of Minnesota Statutes 559.21.
In the event the property is destroyed or substantially damaged by fire or any other cause
before the closing date, this agreement shall become null and void, at the Buyer's option, and all
monies paid hereunder shall be refunded to him.
e.
Contingencies to Closing.9.
Seller and Buyer receive any required approval for subdivision of Seller'sa.
property.
Seller provides to Buyer any required approval for the existing garageb.
improvements.
Buyer receives any required approval for the installation of a septic system drain
field on the property to service Buyer's existing home located at 36205 South Rose Lake
Road, Otter Tail County, Minnesota, and Buyer receives certification that the property
can accommodate the installation of a replacement drainfield.
c.
d. Buyer obtains official documentation from Seller which defines or delineates the
wetlands on the property.
10. Administration and Construction. This Agreement shall be administered and construed in
accordance with the following provisions.
Time is of the essence of this Agreement. Any reference in this Agreement to time
periods of less than six (6) days shall in the computation of such time exclude Saturdays,
Sundays and legal holidays. Any reference of this Agreement to time periods of Six (6) days or
greater shall in the computation of such time include Saturdays, Sundays and legal holidays. Any
time period provided in this Agreement, which shall end on a Saturday, Sunday, or legal holiday
shall extend to 5:00 p.m. on the next full business day.
a.
SCANNED4
Notices. Any and all notices or other communication provided for in this Agreement
shall be given in writing by registered or certified mail which, unless otherwise designated by a
part, shall be addressed to the addresses shown in Paragraph 1 of this Agreement. As to
registered mail, notices shall be deemed served when property addressed and duly accepted for
mailing as registered mail in a branch of the United States Postal Service. As to certified mail,
notice shall be deemed served when duly deposited in a United States Postal Service mailbox or
at a branch of the United States Postal Service.
b.
Captions. The captions on the paragraphs and subparagraphs of this Agreement are
inserted only for the purpose of convenient reference. The captions shall not be used to construe
or interpret the Agreement or to prescribe the scope or intent of the Agreement.
c.
d. Severability. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect its other provisions. The Agreement shall be construed in all respects
as if such invalid or unenforceable provision was omitted.
Entire Agreement. This Agreement constitutes the complete and entire understanding of
the parties concerning the conveyance of their Property. Neither party shall be bound by or be
liable for any statements, warranties, guarantees, or representations not set forth in this
Agreement which may have been made by any broker, agent, employee or other persons
representing or purporting to represent a party of this Agreement
e.
Modifications. No change or modifications of this Agreement shall be valid unless the
same be in writing and signed by all of the parties to this Agreement.
f
Survival. The provisions of this Agreement shall survive the closing and shall continue
to bind the parties bound by this Agreement.
g-
The delivery of all papers and monies shall be made at the office of THORWALDSEN &
MALMSTROM, Attention: Carl E. Malmstrom, Attorney at Law, 1105 East Highway Ten, P.O.
Box 1599, Detroit Lakes, Minnesota, 56502-1599.
IN WITNESS OF ITS TERMS AND CONDITONS, the parties have executed this
Agreement.
SELLER
Timothy R. PoschDate:
PURCHASER
Date:
James D. Jensen
SCANNED5
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, July 5, 2012
The Otter Tail County Board of Adjustment met Thursday, July 5, 2012, with the following persons in attendance;
Rod Boyer
Randall Mann
Mark Ronning, Land and Resource Management
David Hauser, County Attorney
Paul Larson
Steve Schierer
Thomas Lee
Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of June 7, 2012 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Timothy R. Posch - Approved the variance application as requested with conditions. (6:32 p.m.)
Timothy R. Posch, part of the Southeast Quarter, Section 21 of Hobart Township by Rose Lake, requested a variance
from the subdivision controls ordinance to allow sale of a 5 acre parcel from Timothy R. Posch to James D. Jensen,
including a 36’ by 26' partially completed garage on the parcel, without platting, and as a substandard nonresidential
lot which would be permanently attached to the existing lake lot, T4 owned by James D. Jensen. The 5 acre parcel is
predominantly wetland and contains approximately 9,300 square feet (0.27 acres) of dry land suitable for
nonresidential outbuildings or septic drain fields, taking into consideration the 20’ construction setback from the road
easement. Posch will retain 23.82 acres. The proposed 5 acre parcel will be permanently attached to parcel number
R 32-000-21-0154-006. James D. Jensen, the proposed purchaser of the property appeared with the applicant. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
^<itscussionr Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to approve a
variance from the subdivision controls ordinance to permit the sale of a 5 acre nonresidential parcel, which currently
includes a 36’ by 26’ partially completed garage, from Timothy R. Posch to James D. Jensen with the condition that
this 5 acre parcel must be permanently attached to the lake lot identified as Lot T4 on the drawing submitted with the
(application and with the condition that a registered surveyor’s drawing must be presented at the time of conveyance.
Jim (James) Van Someren - Approved the variance application as requested. (6:35 p.m.)
Jim (James) Van Someren, part of Government Lot 4, Section 20 of Leaf Mountain Township by Spitzer Lake,
requested a variance of 54’ for the placement of a 12’ by 24’ camping cabin (RCU). The front of the structure would
meet the setbacks on the main part of the lake but the back side of the structure would be 146’ from the ordinary high
water level of a back bay of the lake. The hardship/practical difficulty is the lot is a peninsula surrounded by water on
three sides and shaped irregularly making placement within the normal setbacks difficult if not impossible. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance
of 54’ from the required ordinary high water level setback of 200’ for the placement of 12’ by 24’ camping cabin (RCU)
146’ from the ordinary high water level of a back bay of the lake. The hardship/practical difficulty is the unique shape
and terrain of the applicant’s property. The approval of the variance as requested is consistent with past actions of
the Board on this particular lake and will allow the applicant to enjoy the same rights and privileges as others in this
immediate area.SCANNEDTimothy C. Neitzke - Approved the variance application as requested. (6:37 p.m.)
Timothy C. Neitzke, part of Lot 16 and all of Lot 17 Block 1 Lenius Beach First Addition, Little McDonald Lake in Edna
Township, requested a variance of 7’ from the required drain field setback of 20’ fora proposed addition located 13’
from the drain field. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to
approve a variance of 7’ from the required drain field setback of 20’ for the placement of 8’ by 10’ addition 13’ from the
drain field. The practical difficulty is an oversight by the office, which resulted in the issuance of a permit. The Board
noted that the applicant did make a reasonable attempt to comply with the provision of the ordinance.
r
D.B.A. Roy A. Smith and Associates
Office of the County Surveyor for Becker County > 1118 Hwy 59 South, Detroit Lakes, Minnesota 56^1
(office) 218-847-4289 (fax) 218-846-194^
www.meadovvlandsurveving.com I
Jim Jenson 5.00 acre acquisition from Timothy Posch
Land description:
That part of the Southwest Quarter of the Southeast Quarter and that part of Government
Lot 5 in Section 21, Township 137 North, Range 40 West of the Fifth Principal Meridian in Otter
Tail County, Minnesota, described as follows:
Commencing at a found iron monument which designates the southeast comer of said
Section 21; thence North 89 degrees 53 minutes 22 seconds West 814.01 feet on an assumed
bearing along the south line of said Section 21; thence North 37 degrees 46 minutes 41 seconds
West 2266.48 feet to a point on the northerly line of Timothy R. Posch’s land as described in
Document No. 1104095, said document is on file and of record in the office of the Recorder in
said County; thence South 69 degrees 14 minutes 41 seconds East 366.78 feet along the northerly
line of said Posch’s land; thence South 89 degrees 09 minutes 11 seconds East 40.85 feet
continuing along the northerly line of said Posch’s land to an iron monument, said point is the
point of beginning; thence continuing South 89 degrees 09 minutes 11 seconds East 311.91 feet
along the northerly line of said Posch’s land to an iron monument; thence South 11 degrees 44
minutes 01 second West 462.22 feet to an iron monument; thence North 89 degrees 09 minutes
18 seconds West 647.98 feet; thence North 43 degrees 51 minutes 06 seconds East 564.62 feet to
an iron monument; thence continuing North 43 degrees 51 minutes436^
the point of beginning. The above described tract contains 5.00 acres.
mds East 56.10 feet to
I hereby certify that I am a Registered Land Surveyor under the laws of the State of
Minnesota and that the above legal description was prepared from information on Certificate of
Survey T8307-15R dated May 16, 2012, and said legal description is legally sufficient to locate
the boundary lines shown on said Certificate of Survey.
Roy A. Smith
Minnesota Licensed Land Surveyor No. 12004
SCANNED
Wetland Existing garage
owned by Posch
Buildable
area Existing Jensen lakefront lot
Hi
<
O(/)
vers. 5.15.12Proposed 5 acre parcel /
(approx, dimension & shape, surveyed by Meadowlands)Existing Posch property approx. 28 acres
Mi&d) u/l/Miay>WL>
PLATWF TPACTS IN GOV T. '.OT S
SEC. 2! - T 137 N - MO W.
- ' - 'm
h
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DETAIL DIAGRAM
i
Existing Jensen Lot
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Dry land/buildable area <97°o;3o' u/ 310'road side lot line S~Gl o
I Existipg garage I ^
SCALE- t INCH ■= 100 FEET
N H).— North< rn/road side portion ofNEW IRON monuments -O V I“ I T)propos ;d 5 acre parcel to be opurchised from Posch t STT
z;3SUR^Ey ANO f^LAT MADE SEPTEMBER f964-n>
<<WETLAND >’Ft.IA
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Cj^RL J. nedbepge/ r.l rj
MINN '* 32 7 7 C/5
Creen items added by Jensen for dispU y purpose:
■ V
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 and/or appiicant’s representative must be present at the scheduied hearing.
To Whom It May Concern:
Timothy R. Posch
101 Roosevelt Ave
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 and/or the Subdivision
Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, July 5, 2012 at 6:30 p.m.,
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,
Property Address - 36237 South Rose Lake Road
Section 21, Township 137, Range 40 - Township Name - Hobart
Lake No. 56-360, Lake Name - Rose, Class - RD
The variance requested is -
a variance from the subdivision controls ordinance to allow sale of a 5 acre parcel from Timothy R. Posch to James D.
Jensen, including a 36’ by 26’ partially completed garage on the parcel, without platting, and as a substandard
nonresidential lot which would be permanently attached to the existing lake lot, T4 owned by James D. Jensen. The 5
acre parcel is predominantly wetland and contains approximately 9,300 square feet (0.27 acres) of dry land suitable for
nonresidential outbuildings or septic drain fields, taking into consideration the 20' construction setback from the road
easement. Posch to retain 23.82 acres. 5 acre parcel to be permanently attached to Parcel No. R 32-000-21-0154-006.
‘Wayne Stein
Board of Adjustment Secretary
Date: June 14, 2012
SCANNED
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 June, 2012 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Timoth R. Posch, 101 Roosevelt Ave, Detroit Lakes, MN 56501 2626
Debi 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, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Rod Boyer, 51127 E Wymer Lake Rd, Frazee, MN 56544
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: June 15th, 2012
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
SCANNED
f
Allen s'kathleen braaten tst
1511 34TH AVES
MOORHEAD MN 56560 6967
WILLIAM J & MARY S BRENDLE
36095 ROSE LAKE RD S
FRAZEEMN 56544 8904
KENT D & LAURELLA M CAULFIELD
3118 ELMWOOD DRW
GRAND FORKS ND 58201 7569
PETER & GERALDINE FOLEY
2480 POND CIR E
MENDOTA HEIGHTS MN 55120 1940
JAMES C & MARINA EDLUND
7769 SKUNK HOLLOW TRL
CANNON FALLS MN 55009 5283
CREA PROPERTIES LLC
1362 AVON STN
SAINT PAUL MN 55117 4059
MICHAEL & PAULETTE GIULIANI
10732 JAMES CIR
BLOOMINGTON MN 55431 4156
JUDITH A GUILIANI
2087 PINEHURSTAVE
SAINT PAUL MN 55116 1316
GERALD L & MARILYN FRAZIER
2215 17TH STS
MOORHEAD MN 56560 5822
GRANT & THELMA HUNTER TST
35 LAKEWOOD VILLA ST
COUNCIL BLUFFS lA 51501 8223
VERNON L HOLLAND
36091 ROSE LAKE RD S
FRAZEEMN 56544 8904
MARIAN GUNSTINSON & L D URBACH
35531 STATE HIGHWAY 228
FRAZEEMN 56544 8951
LESTER C & ARLIE JENSEN
2218 HENNEPIN STS
SIOUX CITY lA 51106 3520
STEVEN R & JOANNE E KNUTTILA
1118 SUMMIT AVE
DETROIT LAKES MN 56501 3314
JAMES D JENSEN
36205 ROSE LAKE RD S
FRAZEEMN 56544 8904
THOMAS KUEPPERS TST
2049 GOODRICH AVE
SAINT PAUL MN 55105 1547
THOMAS & V KUEPPERS ET AL
2049 GOODRICH AVE
SAINT PAUL MN 55105 1547
BRENT D & BARBARA KUEHNE ET AL
4407 58TH ST
FARGO ND 58104 6092
GERALD T & MARGARET R MCKENZIE
8929 U\KE DR NE
FOREST LAKE MN 55025 8449
LARRY MADSON
4809 ROSE CREEK PKWY
FARGO ND 58104 6844
DOMINICK & KIMBERLY KUHL
36073 STATE HIGHWAY 228
FRAZEEMN 56544 8951
BRIAN K OLWIN & PAULA K DOSCH
4363 RAHN RD
EAGAN MN 551222219
PENSCO TST CO TSTEE L MADSON
450 SANSOME ST FL 14
SAN FRANCISCO CA 94111 3355
LUCINDA & JERRY W MICHALSKI
14330 CHERYL DR E
SCOTTSDALE AZ 85259 5516
TRACY D & KARLA M SCHMIDT
35919 STATE HIGHWAY 228
FRAZEEMN 56544 8951
JOHN & MARY RADLINGER TSTS
9405 136TH ST W
ORLAND PARK FL 60462 1305
TIMOTHY R POSCH
101 ROOSEVELT AVE
DETROIT LAKES MN 56501 2626
JOHN R & JOAN M WALL
3652 CYPRESS LN S
FARGO ND 58104 7579
CHARLES T & LOUISE WESSINGER
3704 DENMARK AVE
EAGAN MN 55123 1040
JAMES R & IRENE M UHL
36672 ROSE LAKE RD S
FRAZEEMN 56544 8949
SCANNED
I^REN L WHEELER
ATTN GRANT & THELMA HUNTER
35 LAKEWOOD VILLA ST
COUNCIL BLUFFS lA 51501 8223
SCANNED