HomeMy WebLinkAbout14000120097004_Variances_10-12-2010Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1082163
1082163
I hereby certify that
this instrument #_
was filed/recorded in this office for record on the /qL—
r\cT 2010 at
icoird6r
^^pi^ty
Wendy L- Metcalf, €ountyjRec
bL[b.recording fee
well certificate
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
^Obu hApplication Fee
Receipt Number /VV
Accepted By / Date
__DAYTIME PHONE "^0 /
'^\cU:)U . f)h) •^L5'ic=
COMPLETE THIS APPLICATION IN BLACK INK
Lease^PROPERTY OWNER
MAILING ADORES t
LAKE CLASSLAKE NAMELAKE NUMBER
viov>e_ — vjea'f'-fcs €.*rsT
3SS70 ^a'A'c-ocidi 'pr.Ve_
MO)X RANGE TOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER NOOOI3069700^
LEGAL DESCRIPTION NW aoR. sec \3., 5 S83, 3'9'-fi>PT OL I con/D3g.ME'
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback ^ Structure Size____Sewage System Misc.Subdivision Cluster
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
, /y' ^crt
^ to e / ()' ne< n 3r <3 Y"€ q =j' \r €iVo^ri A vv c €_r^>'fhtd )a ej£> r <2C W c2
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.
' SIGNATURE OF PROPERTY OWNER ^DATE/
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
/=>n\‘y- /a TimeDate Of Hearing
Motion
Millard Lease - Variance application approved as requested. (6:34 p.m.)
After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve
a variance of 12’ from the required ordinary high water level setback of 75’ for the placement of new dwelling and deck 63’ from
the ordinary high water level and a variance of 17’ from the required road right-of-way setback of 20’ for the placement of an
attached garage 3’ from the road right-of-way as depicted on the drawing submitted with the application. The hardship/practical
difficulty is the unique shape, characteristics (railroad easement) and terrain of the property. The adjacent property owner to the
west supports the application and would be the only property affected by the proposed development. The variance as approved
will provided the applicant with a reasonable use of his property. The variance as approved does not directly or indirectly grant
any other variances for the proposed development.
^man/Otter tail County Board ai(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
L H Official/Date
bk 0106-001
V. Lundeen 324855
UflKMNTY DEED{ndivMwKi) U IndividwKi)MMCbOTR Huron CONEYMCIIC HMI8 11)71)
fNo delinquont t«x«» and trontfor tnttrodi
Ctrtifit'Ati of R«tl Eotatf V«lut (•^f-'ilod ( ) not roquirrd
Cortificato of Real Ettata Valut No.
JO
utnta «i Doumy Hoowrlir
County ot Otter laH
I haHir c*n*v wi MhMMKdhMoMnon.llM----/.Q_ewH
3^ki*A.O leJiaUl .£j«.
» ft*.» j J
(a
County Auditor
By
omerDeputy
state deed tax due hereqni tea.30
C\.Datei
FOR VALUABLE COHSIDERATION, Lul<e Q. Snyder and EJ.eanor V. Snyder,
huaband and wife, Grantors, hereby convey and warrant to Hillard George
Lease, Grantee, real property In Otter Tall County, Minnesota,
described as follows!
See Reverse Side
together with all hereditaments and appurtenances thereto, subject to
tt»e following exceptions!
Easements, rewatrictions and reservations of record.
Vtaie seller certifies that seller does not know of any wells on the aJaove described reel property.
Luke G.Snyoerv
County Of Ottar Tail
State of Mimesuta DEED TAX ...........$_i2
$!p •jO
Eleanor V. Snyder
Dale yJ^
STATE OF ILLIHOXS )
> esiO-COUNTY OF ->
1The foregoing instrument was acknowledged before me this
day of June, 1992 by Luloe 0. Snyder and Eleanor V. Snyder, husband and
wife, ____________
> “ oFnciAL sc:ai. - )
:.AA-r
Notary Public:
■
Tbk »tateaent« for tht rwal proporty dotcribtd
In title Inetrument should be sent toiThlt inotrusant wet drafted by
Terry A. Karkela, Attorney at Lav
IRVINE, RAHSTAD, BRIGGS A KARKELA, PA.
P. 0. Box 160 - 430 West Rain Street
Perhaa, HN 36373
(216) 346-4993
Hillard George Lease
1130 Terace Street
Marion, IA 32302
(TAKitm)
for tha lands dascribad within ara paid.
SaiVflAm)REV/S, BounN ■County TreisilPfr
■T-:
9
PAROlIU 81
All tlMt ptrt »f SovirtMnt Lot I, S«ctlMi 12. Tmmililp Itf, lantt 40. Ottr mil Oountr* HinneioU, OmctIM n
folloMi
CoBMncinj it tha nortlwaat cornar of aald Saction 12; Ifcanca South 0 douraai 05 ninutet 55 saconds Uat on an aiiioad baarinj alung tha aoat lltw of aald Saction 12, a diitanca of 203.30 felt to tha loulharly right-of-aay lino
of tha Soo Lina Railroad; thanca South 76 dagroaa 24 ainutaa 00 aacond* East aleUg ifld aoutharly right-of-uay llna, a diatanca of 1032.25 foot to tha point of bagi.ming of tha land to Oa daacribad; IhanOa South 72 dagroaa 00 ninuUi 34 laconda Rait a diatanca of 042.07 foot; thanca 8^th 30 dagraOa 34 ainutaa 00 aaconda Eaal a diatanca of a
diatanca of 763 foot aoro or laaa to tha ahoralina of Narion LaKa; thanca aaatarly along aald ahoralina to tha
Intaraaction aith a lino ihich baara North 10 dagroaa 12 ninutaa N aaconda Eaat frdi '.ha point of baginning; thanca South 10 dagraaa 12 Ninutaa 00 aacenda iHt a diatanca of 321 frat flora ar lafi to tha point of baginning.
Eicaptlng tharofroa tha right-of-uay of tha Soo Lina Railroad. Said land cohtaina 5.02 acraa nora or leaa. Togather ulth
a 33 foot auiaiant for ingroaa and agraaa purpoaga ovar and fcroaa aald uoyarnaanl Lot I and tha Southuaat Quartor of
tha Northuaat Quartar of aald Saction 12, baing 16.50 faat on aach aida of tha fotlouing doacribad centerllnai
Coaaanclng at tha northuaat cornar of aald Saction 12; thanca South 0 dagroaa 05 ainutaa 55 aaconda Eaat on an
aaauaad bearing along tha uoat llna of aald Section 12, a distance of 283.39 feat to the southerly right-of-uay line
of the Soo Lina Railroad; thanca South 76 dagraaa 24 ninulas 00 aaconda Eaat along said aouLharly right-of-uay lino,
a diatanca of 1242.25 feat to tha point of baginning of the liiia to ba dascribad; thanca South 67 dagraaa 23 ninutaa
33 aaconda Rest a distance of 253.18 fast; thanca South 30 dagraaa 28 ninutaa 28 seconds Rest a diatanca of 338.67
faat; thence South 45 dagraes 34 ninutaa 00 aaconda Rest a distance of 230.28 feet; thence South 31 dagraaa 27
ninutaa 20 seconds Rest a distance of 133.43 feat; thence southuaatarly on a tangential curve, concave to the
northuaat, having a radius of 1046.70 feat and a central angle of 15 dagraaa 46 ninutaa 27 aaconda, for an arc
distance of 288.17 faat; thanca South 47 dagraes 13 ninutaa 47 seconds Rest a distance of <26.72 feat; thanca
aouthueaterly on a tangantlal curve, concave to tha southeast, having a radius of 887.45 fast and a central angle of
22 dagraaa 54 ninutaa DO saconds, for an arc distance of<384.66 fast;fthanca South 24 dagraaa- IS ninutaa 47 seconds
Rest: a distance of 104.86 feat; thanca South 0 dagraaa 27 nlnutqa:37 seconds East a distance of 493.06 feat; thanca
South 6 dagraaa 57 ninutaa 10 aaconda Rest a diatanca of 167.06 fast to tha Rest Quarter corner of said Section 12
and thare tanainatlng.
Tha side, lines of said aasnsent ara to lengthonsd or ahortansd as to teminate on said southerly right-of-uay llna of
tha Sooilna‘Railroad and the uast and south lines of said Southuaat Quarter of the Korlhuact Quartar. Together ulth ind
subject to a 33 foot auansnt for ingress and egress purposes over and across said Qovsrnssnt Lot I, being 33.00 fast in tha right of the fullouing described line;
Cooseneing at the northuast corner of said Section 12; thanca South 0 degrees 05 ninutaa 55 seconds East on an
aasunad laaring along tha uaat line of said Suction 12, a diatanca of 283.39 faat.to tha southerly right-of-usy line of tha Suo Line Railroad; thanca South 76 degrees 24 ninutaa 00 saconds Eut along aald aouthprly right-of-uay line,
a distance of 1032.25 feet; thanca North 19 degrees 12 ninutaa 00 saconds Eaat a distance of 100.48 foot to tha
northerly right-of-uay line of said Soo Line Railroad; thence South 76 degreaa 24 ninutaa 00.seconds East along said
northerly right-of-uay line, a distance of 226.50 feet to the point of beginning of tha line to ba described; thanca Horth 76 degrees 24 ninutaa DO saconds Rest along said northerly right-of-uay line, a distance of 458.31 faat; thanca
Hurth 60 dagraaa 25 ninutaa 08 seconds Rest a distahee of 185.06 feet; thanca South 77 dagraaa 55 ninutaa 43 saconds Rest a distance of 117.61 feat to said northerly right-of-uay line and there tarninating.
Together ulth a 33 foot easanant for ingress and egress purposes ovar and across said Oovernswit Lot I and said
Southuaat Quarter of tha Northuast Quarter, being 33.00 fast to the right of tha follouing flascrlbad linei
Conancing at .tha northuaat corner of said Section 12; thanca South 0 degress 05 ninutaa 55 seconds East on an aaauaad bearing along the uaat line of said Saction 12, a distance of 2M.39 feat to the.southerly rIght-of-uay llna of the Soo Lina Railroad; thanca South 76 degrees 24 ninutes 00 seconds East along said southerly right-of-uay line, a distance of 1032,25 feat; thence South 72 dagraaa 09 ninutaa 34 seconds Reel a diatanca of 663.88 feat to tha point
of baginning of tha llna to ba dascribad; thanca South 02 degress 05 ninutes 28 seconds East a distance of 623.13
faat; thanca South 62 dagraaa 48 ninutaa 14 seconds East a diatanca of a distince of 73.85 faat and there
tamihating.
Suhjaot to a 33 foot aaaaaant for ingress and ogress purposes over and across said floverment Lot I, being 33.00 feat to
the Isft of the follouing dascribad llnai
Coanenclng at tha northuast corner of said Section 12; thanca South 0 degrees 05 ninutaa 55 saeends East on an asaissad bsaring along tha uaat line of said Section 12, a distance of 283.39 feaL to the'southerly right-of-uay line of the Soo Lina Railroad; thence South 76 degrees 24 ninutes 00 soconds East along said southerly right-of-uay llna,
a diatanca of 1032.25 feet; thanca South 72 degrees 09 ninutaa 34 seconds Rest a distance of 663.86 fast to tha point
of bHinning of tha line to ba dascribad; thanca North 02 degress 06 ninutes 41 seconds East a distaneo of 259.84
fast and there tamihating.
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, October 7, 2010
The Otter Tail County Board of Adjustment met Thursday, October 7, 2010, with the following persons in attendance:
Paul Larson
Steve Schierer
Bill Kalar, Land and Resource Management Director
David Hauser, County Attorney
Thomas LeeMichael Harris
Randall Mann
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 the September 2, 2010 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Peter and JoAnn Shae - Variance application approved as requested. (6:31 p.m.)
Peter and JoAnn Shae, part of Government Lot 1, Section 30 of Hobart Township by Long Lake, requested a variance
of 33’ from the required ordinary high water level setback of 100' for the placement of a 10’ by 16’ storage shed 67’
from the ordinary high water level. The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Thomas Lee made a motion, second by Michael Harris and
unanimously carried to approve a variance of 33’ from the required ordinary high water level setback of 100’ for the
placement of a 10’ by 16’ storage shed 67' from the ordinary high water level as depicted on the drawing submitted
with the application. The proposed storage shed will be placed behind the lake front side of the dwelling. The
variance as approved does not directly or indirectly grant any other variances for the proposed development.
Lease - Variance application approved as requested. (6:34 p.m.)
Millard Lease, part of Government Lot 1, Section 12 of Dead Lake Township by Marion Lake, requested a variance of
12’ from the required ordinary high water level setback of 75’ for the placement of new dwelling and deck 63' from the
ordinary high water level and a variance of 17’ from the required road right-of-way setback of 20’ for the placement of
an attached garage 3’ from the road right-of-way. The audience was polied with Ken Beauchamp speaking for the
variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer
and unanimously carried, to approve a variance of 12' from the required ordinary high water level setback of 75’ for
the placement of new dwelling and deck 63’ from the ordinary high water level and a variance of 17’ from the required
road right-of-way setback of 20’ for the placement of an attached garage 3’ from the road right-of-way as depicted on
the drawing submitted with the application. The hardship/practical difficulty is the unique shape, characteristics
(railroad easement) and terrain of the property. The adjacent property owner to the west supports the application and
would be the only property affected by the proposed development. The variance as approved will provided the
applicant with a reasonable use of his property. The variance as approved does not directly or indirectly grant any
other variances for the proposed development.
Allan and Carol McCamy - Variance application approved as requested. (6:38 p.m.)
Allan and Carol McCamy, part of Lot 39 San Dee Cove Beach and part of Government Lot 5, Section 23 of Lida
Township by Lake Lida, requested a variance of 23’ from the required ordinary high water level setback of 75’ for the
placement of footings and foundation under an existing dwelling located 52’ from the ordinary high water level. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve a variance
of 23’ from the required ordinary high water level setback of 75’ for the placement of footings and foundation under an
existing dwelling located 52' from the ordinary high water level. The proposed project will be in the same footprint as
the existing dwelling. It was noted that the proposed project is maintenance to an existing structure.
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - Wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant!s representative must be present at the scheduled hearing.
To Whom It May Concern:
Millard Lease ,
38758 Railroad Drive
Richville, MN 56576
, has 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, October 7, 2010 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 ofthe public hearing.
The property concerned in the application is legally described as
part of Government Lot 1, .
Property Address - home - nearest to east 38870 Railroad Drive
Section 12, Township 135, Range 40 - Township Name - Dead Lake
Lake No. 56-243, Lake Name - Marion, Class - GD
The variance requested is-
a variance of 12’ from the required ordinary high water level setback of 75’ for the placement of new dwelling and deck 63’
from the ordinary high water level and a variance of 17’ from the required road right-of-way setback of 20’ for the placement
of an attached garage 3’ from the road right-of-way.
Stein
Board of Adjustment Secretary .
Date: September 17, 2010
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 17"^, day of September 2010 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Millard Lease - 38758 Railroad Dr., Richville, MN 56576
Cheryl Harris, Dead Lake Township Clerk - PO Box 54, Richville, MN 56576
Dead Lake Association- PO Box 127, Richville, MN 56576
Otter Tail County Cola, C/0 John Matteson - 23674 W Silver Lake Rd, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer - 505 S; Court St,, Suite #1, Fergus Falls, MN 56537
Department of Natural Resources - 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator-2115 Birchmont Beach Road NE, Bemidji, MN 56601
Board of Adjustment:
Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672
Paul R. Larson - 21283 County Highway 65, Henning, MN 56551-9573
Thomas (Tom) Lee -15600 County Highway 118, Elizabeth, MN 56533-9559
Randall Mann - 532 N Ann St. ' Fergus Falls, MN 56537
Richard S. Schierer - 32117 260"^ Ave, Erhard, MN 56534
Ken Erickson - 51350 County Highway 31, Detroit Lakes, MN 56501
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: September 17, 2010
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
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