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1017137 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 1
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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
m 144COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
DAYTIME PHONE Al X-73^ "SM E767' _________CiHl^^^ZdoCK
MAILING ADDRESS ^^€^1 S £: C llZtK -Pk .-/},<Co ,V/0 ^ -fj .'^1 rji} Sc/\/
LAKE NUMBER 0 LAKE NAME CS 6
PROPERTY OWNER
LAKE CLASS V
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RANGE TOWNSHIP NAMESECTION
PARCEL
NUMBER
__ 32OOO22(Jl6O0O4
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
32OOO99O254OO0
LOT 1 ROSE LAKE BEACH
3200022(5162001
TR IN G.L. 4: 50’ ON LAKE SWLY OF & ADJ LOT 12 WYLIE'S ADDN. TO ROSE LAKE BCH DOC #7182953200022(5162000
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 OFJ*ROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
1.'
TimeDate Of Hearing
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).
Chairmaii/Otter Tail County Board of Adjustment
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
LR Official/Date
bk 0106-001
V. Lundeen 324855
April 5, 2007
Page # 5
Jimmy L. and Terri Usher-Approved the variance as requested. (7:53 p.m.)
Jimmy Lirand Terri Usher, Community No. 31 Unit 4, Franklin Lake Condo, Franklin Lake in Dunn
Township, requested the following; garage currently onsite from County Highway 31 road right-of-way is
10’. From ordinary high water level is 45’. Requesting a variance to remove existing roof from garage and
add a second story storage unit. Garage is currently 30’ by 34’ and 13’ 6" to peak of roof; Upon
completion of the proposed project the peak of the rOof would be at 20’. The footprint of the existing
garage would remain the same. The audience was polled with no one speaking for or against the variance
as requested. After discussion and consideration, Carl Zick made a motion, second by Rick Wilson and
cafried with Paul Larson and Steve Schierer voting no, to approve the proposed development (removing
existing garage roof and adding second story storage area) as described in the variance application being
10’ from the road right-of-way and 45’ from the ordinary high water level. Hardship,is a substandard lot of
record and the unique shape of the applicants’ property. It was noted that the variance as approved will
. not create precedence in this immediate area.
Raymond and Jill Perhus - Approved the variance as modified. (9:05 p.m.)
Raymond and Jill Perhus, Lots A9 and A10, Survey Lots of Government Lots 8 and 9, Section 1 of Dora
Township by Sybil Lake, requested a variance of approximately 37’ from the required ordinary high water
level setback of 100’ for the placement of a structure 63’ from the ordinary high water level. Jason
Gustafson, Contractor, appeared with the applicant. The audience was polled with no one speaking for or
* against the variance as requested. After discussion and consideration, Michael Harris made a motion,
second by Steve Schierer and unanimously carried, to approve the proposed development as described in
the variance application and as depicted on the drawing dated March 14, 2007 with the following
modification; the area identified on the applicant’s drawing having a setback from the ordinary high water
level of 63.4’ must be placed at a setback location which is no closer to the ordinary high water level than
either 65’ or the setback of the existing 6’ wide foundation that is being extended towards the 63.4’
measurement as shown on the applicant’s drawing.
Larry Madson and Kenneth and Doreen Schwarzrock - Approved as requested with conditions.
(9:13 p.m.)
Larry Madson and Kenneth and Doreen Schwarzrock, Lot 1 Rose Lake Beach and part of Government
Lots 3 and 4, Section 22 of Hobart Township by Rose Lake, requested the following: 1.) Variance,from the
subdivision controls ordinance, to allow Schwarzrocks to deed Tract A to Larry Madson, without platting,' in
exchange or. purchase of the back lot Tract C. Schwarzrocks currently own the southeasterly 12’ of Tract
A, and jaropose to complete the transfer without platting, and as.a substandard lot which would be
permanently joined and a part of Madson’s existing property which is approximately 50’ in width. 2.)
Variance from the subdivision cpntrols ordinance, to allow Larry Madson to deed to Schwarzrocks the back
lot described as Tract C without,platting. Tract C would be subject to the back lot requirements, for
nonresidential use, and permanently attached to Tract B. Allen Haugrud, Attorney appeared with the
applicants at the public hearing. The audience was polled with no one speaking for or against the variance
as requested. After discussion and consideration, Steve Schierer made a motion, second by 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'inust 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)..
.V.
r-
■M;
Variance requests include:
A
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.
Variance from the subdivision cordrols 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.
1.
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
i ;
mmD.B.A. Roy A. Smith and Associates /
Office of the County Surveyor for Becker Coun^
1118 Hwy 59 South, Detroit Lakes, Minnesota 56i501 (office) 218-847-4289 (fax) 218-846-1945 V
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; thenee 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:
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 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
\
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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 xmder the laws of the State of
Minnesota and that the above legal description was prepared from information on Certificate of
Survey T7421-12 dated January 16, 2007, and said legal description is legally sufficient to locate
the boundary lines shown on said Certificate of Survey.
Roy A.ISmith
Minnesota Licensed Land Surveyor No. 12004
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Office of the County. Surveyor for Becker County
111'S Hvyy 59 South, Detroit Lakes, Minnesota 3^01^ (0ffice),218-847-4289 (fax) 218-846-1945 % ^
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