HomeMy WebLinkAbout32000220160004_Variances_04-05-2007Variances
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1017137 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1017137
was filed/recorded in this office
for r^ord.on the JLL_day of
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well certificate
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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
Application Fee
mi44COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
DAYTIME PHONE AlrcHi^mzRock
MAILING ADDRESS -P/j ^
LAKE NAME
/3'7 range V ^
660 9 9 COo Z^OQO^diQlk ^006 ^
coo^^ oU'i CO / ad6)9i3,ol666oQADDRESS 3^173 * ■? t> '77^ AcSt lAHP
PROPERTY OWNER
5A^3JaO LAKE CLASS aJ £.LAKE NUMBER
SECTION TOWNSHIP TOWNSHIP NAME
PARCEL
NUMBER
3200022(J160004 ==«
PT GL 3 & 4 BG ELY COR LOT 1 BLK 1 ROSE LK BCH 1ST ADDN, N 51 DEG W 112.36', N 66 DEG E 246.8', N 47 DEG E 65.61', S 51 DEG E 150', N 47 DEG E 112.50', N 51 DEG W 150', N 47 DEG E 404.41', S 87 DEG E 611.03', S 545.34', W 1173.64' TO BG.
LEGAL DESCRIPTION
32000990254000
LOT 1 ROSE LAKE BEACH
3200022(5162001
TR IN G.L. 4: 50
32000220162000
TR IN G.L. 4 150' ON LAKE NELY OF & ADJ LOT 1 OF ROSE LAKE BEACH.
TYPE OF VARIANCE REQUESTED (Please Check)
Subdivision Cluster Misc.Structure Setback Structure Size Sewage System
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Variance from the subdivision controls ordinance, to allow Schwarzrocks to
deed Tract A to Larry Madson, without platting, in exchange or purchase of
the backlot Tract C. Schwarzrocks currently own the southeasterly 12 feet
of Tract A, and propose to complete the transfer without plattting, and as a
substandard lot which would be permanently joined and a part of Madson’s
existing property which is approximately 50 feet in width.
1.
Variance from the subdivision controls ordinance, to allow Larry Madson to
deed to Schwarzrocks the backlot described as Tract C, without platting.
Tract C would be subject to the backlot requirements, for nonresidential use,
and permanently attached to Tract B.
2.
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.
^GNATURE ORJ^ROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
^OOlDate Of Hearing Time
Motion
Larry Madson and Kenneth and Doreen Schwarzrock - Approved as requested with conditions. (9:13 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with Paul
Larson voting no, to approve the proposed subdivisions as described in the variance application and as depicted on
the drawing submitted with the variance application with the following conditions: 1) a registered surveyor’s drawing
must be supplied at the time of conveyance 2) Tract C must be permanently attached to Tract B, 3) the area contained
within Tract C cannot be used when calculating imperious surface coverage for Tract B development and 4) Tract C
can only be used for nonresidential purposes (non dwelling structures).
Chairman/Otter tail County Board of /^justment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 0106-001
V. Lundeen 324855
mmD.B.A. Roy A. Smith and Associates /
Office of the County Surveyor for Becker Counw
1118 Hwy 59 South, Detroit Lakes, Minnesota 56B01
(office) 218-847-4289 (fax) 218-846-1945
Schwarzrock - Tract B and Tract C - (33,400 square feet, more or less, on Rose Lake and
29,300 square foot garage tract)
Land description:
All of Lot 1 of ROSE LAKE BEACH, said plat is on file and of record in the office of
the Recorder in Otter Tail County, Minnesota, and that part of Government Lot 4 in Section 22,
Township 137 North, Range 40 West of the Fifth Principal Meridian in said County described as
follows:
Commencing at a found iron monument which designates the most southerly comer of.
Lot 12 of ROSE LAKE BEACH WYLIE’S ADDITION, said plat is on file and of record in the
office of the Recorder in said County; thence South 66 degrees 00 minutes 00 seconds West
56.31 feet on an assumed bearing along the northwesterly line of Rose Lake Road East being
dedicated as a Dedicated Public Road in said ROSE LAKE BEACH WYLIE’S ADDITION to a
found iron monument; thence continuing South 66 degrees 00 minutes 00 seconds West 13.52
feet along the northwesterly line of said Rose Lake Road East to an iron monument, said point is
the point of beginning; thence continuing South 66 degrees 00 minutes 00 seconds West 155.66
feet along the northwesterly line of said Rose Lake Road East to an iron monument at the most
easterly comer of Lot 1 of said ROSE LAKE BEACH; thence South 38 degrees 28 minutes 00
seconds West 39.80 feet along the southeasterly line of said Lot 1 to an iron monument at the
most southerly comer of said Lot 1; thence North 51 degrees 14 minutes 17 seconds West 0.46
feet along the southwesterly line of said Lot 1 to a found iron monument; thence continuing
North 51 degrees 14 minutes 17 seconds West 134.10 feet along the southwesterly line of said
Lot 1 to an iron monument; thence continuing North 51 degrees 14 minutes 17 seconds West 22
feet, more or less, along the southwesterly line of said Lot 1 to the water’s edge of Rose Lake;
thence northeasterly along the water’s edge of said Rose Lake to the intersection with a line
which bears North 51 degrees 23 minutes 29 seconds West from the point of beginning; thence
South 51| degrees 23 minutes 29 seconds East 18 feet, more or less, to an iron monument; thence
continuing South 51 degrees 23 minutes 29 seconds East 217.74 feet to the point of beginning.
The above described tract contains 33,400 square feet, more or less.
AND
That part of said Government Lot 4 described as follows:
Bjeginning at a found iron monument which designates the most easterly comer of Lot 1,
Block 1, of ROSE LAKE BEACH FIRST ADDITION, said plat is on file and of record in the
office of the Recorder in said County; thence North 51 degrees 20 minutes 00 seconds West
112.36 feet on an assumed bearing along the northeasterly line of said ROSE LAKE BEACH
2Meadowland Surveying, Inc.
FIRST ADDITION to a found iron monument at the; most northerly comer of said Lot 1, said
point also being on the southeasterly line of said Rose Lake Road East; thence North 66 degrees
00 minutes 00 seconds East 176.30 feet along the southeasterly line of said ,Rose Lake Road East
to an iron monument; thence.South 56 degrees 08 minutes 28 seconds East'258.75 feet to an iron
monument; thence North 89 degrees 33 minutes 06 seconds West 288.21 feet to the point of
beginning. The above described tract contains 29,300 square feet.
I hereby certify that this survey, plan, or report was prepared by me or under my direct
supervision and that I am a duly Licensed Land Surveyor imder the laws of the State of
Minnesota and that the above legal description was prepared from information on Certificate ofll;.
Survey T7421-12 dated January 16, 2007, and said legal description is legally sufficient to Ideate
the boundary lines shown on said Certificate of Survey. ■
I •; .
Roy A.jSmith
Minne^ta Licensed Land Surveyor No. 12004
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Page 1 of 1pTC Parcel Map Output
Otter Tail County Parcel Viewer Map
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http://www.onertail.../com.esri.esrimap.Esrimap?ServiceName=parcelscounty&ClientVersion=4.0&Fonn=True&Encode=Fals 5/30/2007
Variance requests include:
Variance from the subdivision controls ordinance, to allow Schwarzrocks to
deed Tract A to Larry Madson, without platting, in exchange or purchase of
the backlot Tract C. Schwarzrocks currently own the southeasterly 12 feet
of Tract A, and propose to complete the transfer without plattting, and as a
substandard lot which would be permanently joined and a part of Madson’s
existing property which is approximately 50 feet in width.
1.
Variance from the subdivision controls ordinance, to allow Larry Madson to
deed to Schwarzrocks the backlot described as Tract C, without platting.
Tract C would be subject to the backlot requirements, for nonresidential use,
and permanently attached to Tract B.
2.
Rationale;
The intent is for Larry Madson to trade Tract C to Schwarzrocks for Tract A.
Schwarzrock existing property is approximately 36,000 square feet.
The strip that would be deeded to Larry Madson will reduce the Schwarzrocks’ front
lot to 33,400 square feet, but the backlot will add 29,300 square feet for a total of
63,700 square feet (increase by about 75%). Will aid in reducing the amount of
impervious surface on the front lot by allowing Schwarzrocks to locate structures on
Tract C..
Madson’s existing property is about 13,200 square feet. Will increase his property
to 15,700 square feet.
Applicants:
Kenneth and Doreen Schwarzrock
36773 Rose Lake Rd E (residence and 911 address)
Frazee, MN 56544-8901
Parcel No. 32000990254000
Hobart Township, Part of Government Lot 1, Section 22, Township 137, Range 40, and Lot
1, of Rose Lake Beach
Larry Madson
4809 Rose Creek Parkway,
Fargo, ND 58104-6844
Parcel No. 32000220162001
Hobart Township, Part of Government Lot 1, Section 22, Township 137, Range 40
911 Address: 36779 Rose Lake Rd E
Frazee, MN 56544-8901
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hpproximatti Goy't Lof ///7C focotlon.
Not ostoblishod by section subdhislon.
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LAKE ROADJO<Q EASl
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590.05’
Southorty line of Ross Lc^e Road East
Exact centerftna <■ eosemant not <7®
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TRACT 8
505,188 Sq. Ft.
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skiat to be attached iLot U. ROSE L7d<£\BEACH WnJE'S AOaVOH.\Neithe' Tract /■ or Lot 11 -<can be conveyed ssparotety.
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DOC# 1090476 1090476
Fee: $48.00
' Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd
April 05, 2011 1:45 PM
'V OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTANo delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( X ) required.
Certificate of Real Estate Value No--------------------------i Wendy L. Metcalf, Recorder
(Year)Returned To:
Wayne Stein, County Auditor LARRYMADSON
4809 ROSE CREEK PARKWAY
FARGO, ND 58104Cr By: NDBby3^-000-^3- c>/ to- oo V Deputy
•V QUIT CLAIM DEED
Individual(s) to Joint Tenants
Lki COUNTY OF OTTcSi Ta.i-
STATE OF MINNESOTA
DEEDTAX S
DEED TAX DUE; $
a
Date: 3a'A\Ao^Y 20113 1 ^
FOR VALUABLE CONSIDERATION, Larry C. Madson, a single person. Grantor, hereby
conveys and quitclaims to Larry C. Madson, a single person and Laurel J. Mahan, a single
person. Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as
follows;
SEE ATTACHED EXHIBIT “A”.
The total consideration for this transfer of real estate is $500 or less.
together with all hereditaments and appurtenances.
\!
Affix Deed Tax Stamp Here
Page two of two Quit Claim Deed - Madson to Madson/Mahan
dson
STATE OF )
) ss.Cc\SS>COUNTY OF )
Tc , 2011, by Larry C.This instrument was acknowledged before me on
Madson, a single person, Grantor.
CKVUA.G-f-
Notary Stamp or Seal
Signature of person t^ing Acknowledgment
KEVIN J. DBTZ
Notary Public
State of North Dakota
My Commission Expires Feb. 18, 2015(
THIS INSTRUMENT WAS DRAFTED BY:SEND TAX STATEMENTS TO:
Larry Madson
Laurel Mahan
4809 Rose Creek Parkway
Fargo, ND 58104
Deitz Law Office
2731 12'*’Avenue SW
Fargo, ND 58103
(701)239-2633
fit A **EXHIBIT A
Ail those certain parcels of land situate m that part of Government Lot 3 and that part of Goverrmieni Lot
4 of Secuon 22, Township 13T North, Range 40 West of the Fifth Principal Meridian m the County of
Otter Tail, State of Minnesota, described as follows
Beginning at a found iron monument which designates the most easterly comer of Lot 1. Block 1
of Rose Lake Beach First Addition, said plat is on file and of record in the Office of the Recorder
of said County, thence North 51 degrees 20 mmutes 00 seconds West 112 36 feet to an assumed
beanng along the nonheasterly line of said Lot 1 to a found iron monument which designates the
most nordierly comer of said Lot 1. said point being on the southeasterly line of a dedicated
public road according to the plat of Rose Lake Beach Wylie's Addition, said plat is on file and of
record m the office of the Recorder of said County, thence North 66 degrees 00 nimutes 00
seconds East 246 SO feet along the southeasterly line of said dedicated public road to an iron
monument, thence Nonh 47 degrees 32 mmutes 11 seconds East 582 52 feet contmumg along the
southeasterly line of said dedicated public road to an iron monument, thence South 87 degrees 24
mmutes 00 seconds East 590 05 feet along the southerly line of said dedicated public road to an
iron monument hereinafter referred to as Pomt A, thence contmumg South 87 degrees 24 mmutes
00 seconds East 20 98 fee: along the southerly line of said dedicated public road to the north-
south quarter line of said Section 22, thence South 00 degrees 26 mmutes 54 seconds West
545 34 feet along said north-south quarter line, thence North 89 degrees 33 mmutes 06 seconds
West 15 46 feet to an iron monument hereinafter referred to as Pomt B, thence contmumg North
39 degrees 33 mmutes 06 seconds West 494 25 feet to an iron monument, thence continuing
Nonh 89 degrees 33 mmutes 06 seconds West 250 00 feet to an iron monument, thence
contmumg North 89 degrees 33 minutes 06 seconds W'est 413 93 feet to the pomt of beginning
The above desenbed tract contains 11 98 acres Subject to an easement for public road purposes
over, under and across that part of the above tract which lies easterly of a straight Ime connecting
said Point A with said Pomt B ,^d also subject to the existing 75 OO foot wide utiht)' easement
at the northeasterly comer of the above tract Said 75 00 foot wide utility easement is desenbed
in Book 43 of Misc Page 135 in the office of the recorder of said County
EXCEPT
That pan of Government Lot Four f4) of Section Twenty-two (22), Township One Hundred Thirty-Seven
(137) Nonh. Range Forty (40) West of the Fifth Principal mendian m Otter Tail County. Minnesota,
described os follows
Commencing at a found iron monument which designates the most easterly comer of Lot One (1), Block
One (1). of ROSE LAKE BEACH FIRST ADDITION, said plat is on file and of record in the office of
the Recordc m said County, thence Noith 51 degrees 20 mmutes 00 seconds West 112 36 feet on an
assumed bearing along the northeasterly line of said Lot One (1) to a found non monument at the most
northerly comer of said Lot One (1), said point also being on the southeasterly line of a Dedicated Public
Road (Rose Lake Road East) according to the plat of ROSE LAKE BEACH WYLIE’S ADDITION, said
plat IS on file and of record in the office of the Recorder in said County, thence North 66 degrees 00
minutes 00 seconds East 246 80 feet along the southeasterly line of said Dedicated Public Road (Rose
Lake Road East) to a found iron monument, thence North 47 degrees 32 mmutes 11 seconds East 65 61
feet contmumg along the southeasterly hne of said Dedicated Pubhc Road (Rose Lake Road East) to an
iron monument, said point is the point of beginning, thence continuing North 47 degrees 32 mmutes 11 "
seconds East 112 50 feet along the southeasterly Ime of said Dedicated Public Road (Rose Lake Road
East) to an iron monument, thence South 51 degrees 23 mmutes 29 seconds East 150 00 feel to an iron
monument, thence South 47 degrees 32 mmutes 11 seconds Wes: 112 50 feet to an iron monument
thence North 51 degrees 23 mmutes 29 seconds West 150 00 feet to the pomt of beginnmg The above
tract contains 0 38 of an acre Subject to a ten-feet wide utility easement reserved by Seller over and
along the southeasterly Ime of said Dedicated Pubhc Road (Rose Lake Road East), adjoining the above
tract
A*'
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AND,
That part of said Goverrunent Lot 4 descnbcd as follow
Beginning at a found iron monument which designates the most easterly comer of Lot 1, Block 1, of
HOSE LAKE BEACH FIRST ADDITION, said plat ts on file and of record m the office of the Recorder
m said County, thence North 51 degrees 20 minutes 00 seconds West 112 36 teet on an assumed beanng
along the northeasterly line of said ROSE LAKE BEACH FIRST ADDITION to a found iron monument
at the most northerly comer of said Lot 1, said point also being on the southeasterly line of said Rose
Lake Road East, thence North 66 degrees 00 minutes 00 seconds East 176 30 feet along the southeasterly
hno of said Rose lake Road East to an iron monument, thence South 56 degrees 08 mmutes 28 seconds
East 238 73 feet to an iron monument, thence North 89 degrees 33 minutes 06 seconds West 288 21 feet
10 the point of beginning. The above describe tract contams 29.300 square feel
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