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HomeMy WebLinkAbout32000220158002_Variances_08-07-2008Variances 2 Barcode 128 -2C02 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that C Kthis instrument # toHoo 1043468 was filed/recorded in^is office ^d oil the /:> day of ( -Lw 2008at_2iOO_^^^^infor rec Wendy^. Metcalf* Cgun ' ^ weii certificat 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 Tall County’s Website: www.co.ottertail.mn.us ^^70^Qh^\\0(o(f COMPLETE THIS APPLICATION IN BLACK INK Receipt Number |^^"743 p/e^Al/Ct/Aj Accepted By/Date'^^Zr^LW /)/7(lIcl (2nd /. / nrlfl kjh l\ daytime phone00 Application Fee PROPERTY OWN K OLAKE CLASSLAKE NAMELAKE NUMBER hlfyhari-______ PpjxiL T)nve^ 13111 H TOWNSHIP NAMESECTION TOWNSHIP RANGE COi t-oisiooo W3:Qr/)r)aar>i.‘7^/)dA E-911 ADDRESS PARCE NUMBE S U) I / 4 C4<> A(l) CLetft l R-np,cuEt>) 4 seh su 'W to - ^ ... (S.U>\ ftci Cie:&9cL ftTTACHE^ LEGAL DESCRIPTION CD SU)'/M ® PT 5 ccxfi 6U0 aoR sere aa .. TYPE OF VARIANCE REQUESTED (Please Check) v/"ClusterSewage System Subdivision Misc.Structure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.(PprUffYlii' I *' Re-0iU5Hn(] o^baxnc/aru i 'l^e adjul'menl- cflhe £at>bpicporl^ pcxrcKUei [jOiH -4hx^ u)e-^ f^opQrlu . ~ThJL oOid (Lh(xnqe_^hCipe^ bub not qkIIouJ ^4hjL adjadenh /OndouJnJUr 4o CK(l(ld6>^^ 40 hi^ properly , . ReiCjujLSI boiLricliU'Lj Uhe. ^jbcs-Hnercr C5/ ze.. 44/5 Kauui^ ieipC 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. _Z/jsUs K )iA l\j 10/0 4I ^ DATEcSIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) +0 reAju<J^^ the. 2hroM (Pa/'ceJ ^ s^ooo ^oi5&oos^ bv o^pproxirYiccfUcj SISfi^opT^ f^:) m<xj<t,^yyu proper^ r(juv pcJuruJile^l hpwe uje^hpr^pertt^ liae.Tf\e hri(Xr\^u^ pfece. to be Od:^uiW^ i© okjom^ p(:ueeL ^3^ooo^oi62a:)i • VV^« /^C4.aui-/ ^Date Of Hearing Time Motion Thomas and Rhonda Franklin and Ronald and Linda Franklin - Approved Option No. 2 with a condition. (7:56 p.m.) After consideration, Steve Schierer made a motion, second by Robert Schwartz and unanimously carried, to approve Option No. 2 as described in the variance application dated July 15, 2008 and as depicted on the drawing submitted with the variance application with the condition that a registered surveying drawing must be submitted at the time of conveyance. fman^tter Tail County B^rd of Adji^ment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company. Fergus Falls. Minnesota PROPOSED LEGAL DESCRIPTION FRANKLIN PARCEL A That part of Government Lot 5, Section 22, Township 137, Range 40, Otter Tail County, Minnesota, described as follows: Commencing at the Southwest comer of said Section 22; thence on an assumed bearing of North 00 degrees 00 minutes 07 seconds East along the west line of said Section 22, a distance of 1888.51 feet to the point of beginning of the land to be described; thence South 89 degrees 59 minutes 53 seconds East a distance of 214.82 feet; thence North 00 degrees 00 minutes 07 seconds East a distance of 469.75 feet; thence North 40 degrees 56 minutes 09 seconds West a distance of 145 feet more or less, to the shoreline of Rose Lake; thence southwesterly, along said shoreline to said west line of Section 22; thence South 00 degrees 00 minutes 07 seconds West along said west line, a distance of 483 feet more or less, to the point of beginning. Containing 2.61 acres more or less. Subject to the rights of the public in 365TH Avenue and in Rose Lake Road South. Further subject to an easement for roadway purposes over and across the above described tract, being a strip of land lying 66.00 feet to the left of and adjoining the following described line: Commencing at the Southwest comer of said Section 22; thence on an assumed bearing of North 00 degrees 00 minutes 07 seconds East along the west line of said Section 22, a distance of 1940.76 feet to the point of beginning of the line to be described; thence North 59 degrees 48 minutes 04 seconds East a distance of 248.55 feet to the easterly line of the above described tract and there terminating. The northerly sideline of said easement shall be extended or shortened to terminate on said west line of Section 22 and on said easterly line of the above described tract. / 110 SCALE! I INCH = 100 FEET o Denotes iron monument found.O teNOTES IRON MONUMENT SET fW^KED "RLS' Bearings are based on an assumed datum. iff ff43r \ SW CORNER SEC. E2, V3T, R 40 Department of hmD AMD RESOnilCE MANAGEMENT OTTER TAIL COUNTY GovERNMEtsrr Services Center- 540 West Fir Fergus Falls, MN 56537 ; PH: 218-998-8095 Otter Tail COUNTY’S Website; www.co.otter-tail.mn.us April 29. 2010 David & Rebecca Svobodny 701 W S**" Street Park River, ND 58270 Ronald & Linda Franklin 21028 Cedar Branch Garden Ridge, TX 78266 RE; Holding tank location for 48422 Petal Drive, Rose Lake (56-360) On April 27, 2010, I received the Holding Tank Location Agreement you provided. The agreement states that the involved parties acknowledge that the location is out of compliance with the setback regulations of the Otter Tail County Sanitation Code and Shoreland Management Ordinance. Both parties have agreed that the tank can continue to be used and maintained to service the Svobodny property. Land & Resource Management will allow this holding tank to stay in place and be used as outlined in the agreement. It will be required by this office that this holding tank be replaced with a compliant tank or septic system if it ever needs to be altered, upgraded, or in the event of tank failure. If you have any questions, please contact our office. Sincerely, Scott Ellingson Inspector received APR 27 2010 April 26, 2010 Dave Svobodny 701W 5**'St. Park River, ND 58270 lA!\lD&3£S0(j^S Scott Ellingson Land and Resource Management-Ottertail Co Government Services Center. ... 540 W Fir Ave Fergus Falls, MN 56537 RerHolding tank location agreement for 48422 Petal Drive Scott, Enclosed is a copy of the agreement which we reached with the Franklins as per our earlier discussion. It addresses the tanks location and secures approval to use and maintain the tank in its current location. I would request a letter from your department acknowledging the agreement and approving the arrangement so that we can conclude this matter. Thank you for your time and understanding in getting this issue resolved. Dave Svobodny \ HOLDING TANK LOCATION AGREEMENT This agreement is entered into this / *7 ^dav of husband and wife, (hereinafter referred to as "the Franklins") and David and Rebecca Svobodny, husband and wife (hereinafter referred to as "the Svobodnys"). The Franklins are owners of property lying on the west line of Section 22 of Hobart Township, Ottertail County, Minnesota and bordering on Rose Lake (hereinafter referred to as "the Franklin property") and the Svobodnys are owners of a property lying in Section 21 of Hobart Township, Ottertail County, Minnesota and bordering on Rose lake (hereinafter referred to as "the Svobodny property")and having a holding tank lying on a parcel of land bordering the Franklin property that is in immediate proximity to the property line inside of the normally required setback. j 2010 by and between Ron and Linda Franklin, The Franklins and the Svobodnys acknowledge that this tank has been in existence for an extended period of time and was only recently determined to be out of compliance with setback regulations. The Franklins acknowledge that the location is neither a hindrance nor detraction from the Franklin property and convey permission for the holding tank to continue to be used and maintained for the benefit of the Svobodny property. The Svobodnys agree under separate contract to compensate the Franklins for their consideration as outlined in said separate contract upon acceptance of this agreement by the Department of Land And Resource Management, Otter Tail County, Minnesota This agreement is binding between the Franklins, their heirs and successors and the Svobodnys, their heirs and successors. AGREED TO BY THE FOLLOWING PARTIES HERETO:RECEIVED APR 2 7 20)0 STATE OF TEXAS, COUNPf OF. 1DATED THIS DAY OF ^2010 Ron Franklin Linda Franklin iThis instrument was acknowledged before me this husba^ and wife a D- \C^l^v).L^-^otarv Public .2010, by Ron Franklin and Linda Franklin, 'Ooeoooooooooooooooooo<»KARLA G. HOWELL | Notary Public. State of Texas X My Commission expires $ March 23, 2014 A / State of North Dakota, County of Walsh David Svobodny This instrument was acknowledged before me this day of y4-pr. I . 2010 by David and Rebecca Svobodny, husband and wife —!-------------------------------------, Rebecca Svobodny CORRINEBERG Notary Public State of North Dakota My Commission Expires May 17, 2013 ., Notary Public Page 1 of 1 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: www.co.otter-tail.mn.us October 30, 2009 Thomas Franklin 3669 State Hwy 228 Frazee, MN 56544 RE: September 21, 2009 Letter to County Commissioners, Rose Lake (56-360) Dear Mr. Franklin: On October 20, 2009, your letter to our County Board of Commissioners (CB) was referred to me by our County Coordinator’s Office. In your letter, you raise two concerns which are road access to Ronald Franklin’s property and area drainage. Please be advised that on October 27, 2009, I discussed these concerns as well as an unresolved holding tank violation (substandard lot line setback) on James Cross’s property with our CB. Upon reviewing the County’s land records, it was learned that Petal Drive is a private easement road, not a public road. In other words, only property owners with a deeded easement are entitled to use this road. In addition, it does not appear that Ronald Franklin has an easement to use this road. This means James Cross (easement owner) can legally place a fence along his easterly boundary provided it is does not interfere with the right of access for those property owners with deeded easements. As to your drainage concern, we are now aware (photographs received after the fact) that overland flooding occurred in this area earlier this year. Primarily due to the timing of notification and the onsite cleanup (restoration) which had already occurred, onsite inspections by Office Staff were unsuccessful in determining the cause(s). As to James Cross’s holding tank violation (substandard lot line setback), it is my understanding that this holding tank, while located on James Cross’s property, actually serves the property owned by David Svobdony. Since this is the case, James Cross is currently looking into options to resolve this issue. If you have any further questions or comments regarding this matter, please contact me at 218-998- 8095. Sincerely, Bill Kalar Administrator CC: County Commissioner Everett Erickson, Chair County Commissioner Lee Rogness County Commissioner Doug Huebsch County Commissioner John Lindquist County Commissioner Roger Froemming County Attorney David Hauser OTC Board of Commissioners’ Minutes October 27, 2009 Page 8 Citizen Concern: Mr. Kalar discussed a letter dated September 21, 2009 from Thomas C. Franklin in regards to a road access issue. After a briefing on the situation, it was determined that the County does not have authority regarding the road access. Mr. Kalar will respond by letter to Mr. Franklin explaining the County’s position. Insurance Renewal Motion by Erickson, second by Rogness, and carried with Froemming opposed, to approve the 2010 Otter Tail County Benefit Plans as submitted with the same insurance carriers as in 2009. The Pre­ tax Premium Reimbursement Flexible Spending Account will not be added to the benefit package at this time, as recommended by the majority of the Insurance Committee. Adjournment At 3:46 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, November 3, 2009. OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated: By: Everett P. Erickson, Board of Commissioners Chair Attest: Larry Krohn, Clerk CB/kd \\ I IS PORTION OF THE PREVIOL rJ 33' hJIDE EASEMENT HAS BEEts EXTINGUISHED BY ATTORNEY'S DO BOUNDARY LIN EXISTING FRANKLh MEANDER CORNER NO. SEC. 22-137-40 SEC. 22-137-40 \ \ KNONN AS PETAL DRIVE , BOUNDA EXISTING FF ( /^-r-I 6\ /> -r-V ( . c:>'t -z--’ I / fO -1 I \.I .I > • 'f PREVIC PROFCN'LY R/N LINE OF \OSE LAKE ROAD SOUTH AREA i OHNE RONA CENTERLINE OF 365TH AVENUE 31025 GARETHESE IRONS ALONG S'LY LINE HAVE NOT YET BEEN SET. CELL E'LY R/N LINE OF 365TH AVENUE N LINE OF SEC. 22-137-40 TNI5 SURVEY IS TO DEPICT A PROPOt AUGUST 7, 2008 NEARING BEFORE TNE C I 1 / . SN COR. OF SEC. 22-137-40 / V I hereby meets t treatmeinIDERSON land surveying, INC. PROFESSIONAL LAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET. FERGUS FALLS. MN 56538-0125 (218) 739-5268 324 BROADWAY. SUITE 208. ALEXANDRIA. MN 56308 (320) 762-5263 (800) 300-9276