HomeMy WebLinkAbout29000060043900_Variances_09-15-2004OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that90399^
this instrument #-----------------------
was filed/recorded in this office for record ^the /-L day oL2004 atZl^a
recording feeA
.weii 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
Application Fee
; ?>7S>3'COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date^/^^^^ ^ f
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
Misc. XStructure Setback Structure Size Sewage System Subdivision Cluster
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
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SIGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Wiii Receive Notification As To The Date/Time Of Hearing)
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7: .g'V/P/r)3Date Of Hearing Time
Motion
Donavon Luhning - Approved with a condition. (7:54 p.m.)
After consideration and discussion, Cecil Femling made a motion, seconded by Paul Larson and carried with Randall
Mann and Steve Schierer voting no, to approve the variance as requested with the condition that a registered
surveyor’s drawing must be provided at the time of conveyance.
ORairman/Otter Tail County Board of Adjustment
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
L R Official/Date'
bk 0204-001
317.340 • Victor Lundeen Co., Printers • Fergus Falls. Mnnesoia
October 7,2004
Page #4
Michael and Suzette Bergerson - Approved the variance as requested. (7:52 p.m.).!
:
Michael and Suzette Bergerson, Lot 1 Block 2, Squires Addition, Rush Lake in Rush Lake Township,
, requested a variance to have Lot 1 Block 2, Squires Addition, a substandard back lot declared buildable for:
residential use. Randall Mann, Chair, polled the audience with no one speaking for or against the variance
as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Michael
Conlon and unanimously carried, to approve the variance as requested noting that the approval is
consistent with past Board of Adjustment decisions.
Donavon Luhning- Approved with a condition. (7:54 p.m.)
Donavon Luhning, part of the Northwest Quarter of the Northeast Quarter, Section 6 of Girard Township,
requested a variance to have less than a 5-acre parcel: in a wetland area. The parcel would be 144' by
544.5’ and would be located.between two other property owners. The 78,408 square foot area is located
next to a surveyed lot to the west and a non-surveyed lot to the east. I request to have this non-surveyed.
The balance of the 9+ acres is only connected by Wren Loop road and is approximately SQG feet away.
Randall Mann, Chair, polled the audience with Susan Nelson expressing concerns with the proposed
subdivision. After consideration and discussion, CeciLFemling made a motion, seconded by Paul Larson
and carried with Randall Mann and Steve Schierer voting no, to approve the variance as requested with the ,
condition that a registered surveyor's drawing must be provided at the time of conveyance.
Arvid Morken -Approved with a condition. (8:05 p.m.)
Arvid Morken, Lot 13 Jacobs Beach First Addition, Prairie Lake in Pelican Township, requested a variance
to install a 400 square foot drain field in the non-traveled portion of the Pelican Township road right-of-way. :
Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. A
letter from Pelican Township vyas noted for the record. After consideration and discussion, Steve Schierer
made a motion, seconded by Michael Conlon and unanimously carried, to approve the installation of a 400
square foot drain field in-the non-traveled portion of the road right-of-way with the condition that the drain
field must be. placed at least 10’ from the east lot line when that line is extended into the road right^f-way.
Mike and Cindy Karlen - Approved the variance asmodified. (8:08 p.m.)
Mike and Cindy Karlen, Lot 2, Sub Lot C of Pine Beach, Big Pine Lake in Pine Lake Township, requested a
variance of 8’ from the. required side lot line setback of,10’ for an addition to an .existing dwelling-located 2’
from the side lot line. Randall Mann, Chair, polled the audience with no one speaking for or against.the
variance as requested. A letter from; Brian and Jody Martinson in support of the variance as requested was
read for the record. After consideration and discussion, Michael Conlon made a motion,’seconded by Paul
Larson to approve a variance of 8.5’ from the required side lot line setback of 10’ for an addition to an
existing dwelling 1.5’ from the side lot line. The motion failed with Cecil Femling, Randall Mann and Steve .
Schierer voting no. Those voting in favor of this motion noted that that the proposed addition would be no
closer to the side lot line than the existing structure. After additional discussion and consideration, Randall
Mann made a motion, seconded by Steve Schierer and unanimously carried, to'approve a variance of 5’
from the required side lot line setback of 10’ for the placement of an 1T by 14' addition 5’ from the side lot
line. The Board noted that the vafiance as granted would provide the applicants with a reasonable use of
their property.
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this Instrument #
was filed/recorded in Jhls office
forjecord on the HuiJ/)hnh£X
Weni^ L. Metcalf
.
946142• •• •*t
946142No delinquent taxes and transfer
entered; Certificate of Real
Estate Value {) filed (*j-
not required Certificate
of Real Estate Value No.
day of
2003 a //;/0 ounty R^rdOT^
T}€Lr-^ Deputy
l4_recordfhg fee
_well certificate, 2003 V..
0csrv^.oa>^(3iuMtJ\£
Hmo 'idtu'^tdaep
(Qfadtk IxJu.
uJ.C^nty Auditor
By oi . aov3->9oo
Deputy
3(43^^
QUIT CLAIM DEED Individuals to Joint Tenants
COUNTY OF OTTER TAIL
STATE OF MINNESOTA OBBDTAX S /-fa j
WUMBFR I O fi / 9 g
DATE f *•/> <0:v
STATE DEED TAX DUE HEREON: $1.65
Dated:
FOR VALUABLE CONSIDERATION, DONALD LUHNING and ANNETTA LUHNING,
husband and wife, Grantors, hereby convey and quitclaim to DONAVON L. LUHNING and
JONI M. LUHNING Grantees, as joint tenants, real property in Otter Tail County,
Minnesota, described as follows;
SEE ATTACHED PROPERTY DESCRIPTION
TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments
and appurtenances belonging thereto.
The consideration on this transaction is less than $500.00 as this deed is given to
correct the property description.
hDonald Luhning
netta Luhnin^p::?*
#■*
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL)
^he foregoing instrument was acknowledged before me this X3 day of
200^ Donald Luhning and Annetta Luhning, husband and wife,
Grantors.
NOTARIAL STAMP OR SEAL
♦—KATHRYN DOROTHEAGOOOUOHMl
NOTARY PUBL10-M1NNE30TA I
My Comirtssion Expires JAN. 31,2W |
Check here if part or all of
the land is Registered [ ]
Tax statements for the real
property described in this
instrument should be sent to:
This instrument was drafted by:
PENN C. BRANDBORG
Attorney at Law
315 South Mill St.
P.O. Box 475
Fergus Falls, MN 56538
218-736-7447
Not the Closing Agent
same as of record
. 0
• PROPERTY DESCRIPTION
The NWVi of the NEVi of Section 6, Townshipl33 North, Range 39 West, Otter Tail County, Minnesota, EXCEPT:
1) All that part of the NW14 of the NE'/i of Section 6, Township 133, Range 39, Otter Tail County, Minnesota, described
as follows: Commencing at the North quarter comer of said Section *6; thence on an assumed bearing of East along the
North line of said Section 6, a distance of 822:63 feet to the point of beginning of the land to be described; thence
continuing on a bearing of East along said North line, a distance of 200.00 feet; thence on a bearing of South a distance Of
544.50 feet; thence, on a bearing of West a distance of 200.00 feet; thence on a bearing of North a distance of 544.50 feet
to the point of beginning.
2) All that part of the NWVi ofthe NEVi of Section 6, Township 133, Range 39, Otter Tail County, Minnesota, described
as follows: Conuiiencing at the North Quarter comer of said Section 6; thence on an assumed bearing of East along the
North line of said Section 6, a distance of 1022.63 feet to the point of beginning of the land to be described; thence
continuing on a bearing of East along said North line, a distance of 200.0 feet more or less to the west right of way line of
a Girard Township road; thence on a bearing of South alohg said right of way a distance of 544.50 feet; thence on a
bearing of West a distance of 200.0 feet more or less to the southeast corner of a 2.5 acre tract previously surveyed and
deeded; thence on a bearing of North on the East boundary line of said tract a distance of 544.50 feet to the point of
, beginning.
3) All that part of the NW14 of the NEVi of Section 6, Township 133, Range 39, Otter Tail County, Minnesota, described
as follows: Commencing at the North Quarter comer of said Section 6; thence on an assumed bearing of East along the
North line of said Section 6, a distance of 822.63 feet; thence on a bearing of South a distance of 544.50 feet to the point
of beginning of the land to be described; thence continuing on a bearing of South a distance of 775.50 feet more or less to
the South line of said NWVi of the NEVi; thence on a bearing of East along said South line a distance of 400 feet more or,
less to the West right of way tine of a Girard Township road; thence on a bearing of North along said right of way line a
distance of 775.50 feet more or less to the South line of a tract previously deeded to Edwin A. & LaVon Ball; thence on a
bearing of West along said South line a distance o£400 feet more or less to the point of beginning.
4) All that part of the NWVi of the NE'A of Section 6, Township 133, Range 39, Otter Tail County,: Minnesota, described
as follows: Commencing at the North Quarter comer of said Section 6; thence on an assumed bearing of East along the
North line of said Section 6, a distance of 622.63 feet to the point of beginning of the land to be described; thence
continuing on a bearing of East along said North line a distance of 200.00 feet; thence on a bearing of South a distance of
544.50 feet; , thence on a bearing of West a distance of 2OO.0O feet; thence on a bearing of North a distance of 544.50 feet
to the point of beginning.
Excepted Property Description continued next page
, :tr
ALSO EXCEPT:
5) That part of the NW'/i of NE'/i of Section 6-133-39, described as follows; Commencing at the nortli quarter section
comer of said Section 6; thence east (assumed bearing) along the north line of said Section 6 a distance of 66.02’ to the
point of beginning: thence continuing on a bearing of east a distance of 212.46’; thence on a bearing of south a distance
of 544.50’; thence on a bearing of west a distance of 200’; thence north 0ri8’38” west a distance of 544.64’ to the point
of beginning. Subject to an easement for County Road No. 128 over the North 50’ thereof, Otter Tail County, MN.
6) That part of the NW% of the NE'/i of Section 6, Township 133 North, Range 39 West, Otter Tail County, Minnesota,
described as follows: Commencing at the North Quarter Section corner of said Section 6; thence East (assumed bearing)
along the North line of said Section 6 a distance of 278.48 feet to the point of beginning; thence continuing on a bearing
of East a distance of 200 feet; thence on a bearing of South a distanc,e of 544.50 feet; thence on a bearing of West a
distance of 200.00 feet; thence on a bearing of North a distance of 544.50 feet to the point of beginning.
7) All that part of the NW'/i of the NE'/i of Section 6, Towmship 133, Range 39, Otter Tail County, Minnesota, described
as follows: Commencing at the North Quarter comer of said Section 6; thence on an assumed bearing of East along the
North line of said Section 6, a distance of 622.63 feet; thence on a bearing of South a distance of 544.50 feet to the point
of beginning of the land to be described; thence continuing on a bearing of South a distance of 775.50 feet more or less to
the South line of said NW'A of the NE'A; thence on a bearing of East along said South line a distance of 200 feet;'thence
on a bearing of North, and at right angles to last line, a distance of 775.50 feet more or less to the South line of a tract
previously deeded to Donavon L. Luhning; thence on a bearing of West and at right angles to last line a distance of 200
feet to the point of beginning.
8) That part of the NWI/4 of the NE'A of Section 6, Township 133 North, Range 39 West, Otter Tail County, Minnesota,
described as follows: Commencing at the Northwest Comer of said NW'A of the NE'/i; thence East (Assumed Bearing)
along the North line of said NW'/^ of the NE'A a distance of 222.63 feet; thence on a bearing of South a distance of
610.50 feet to the point of beginning; thence continuing on a bearing of South a distance of 683.96 feet to the South line
of said NW'A of the NE'A; thence South 89®48’04” East along said South line a distance of 200,00 feet; thence on a
bearing of North a distance of 684.66 feet; thence on a bearing of West a distance of 200.00 feet to the point of
beginning.
9) All that part of the NW'A of the NEVi of Section 6, Township 133, Range 39, Otter Tail County, Minnesota, described
as follows; Conuiiencing at the North Quarter comer of said Section 6; thence on an assumed bearing of East along the
North line of said Section 6, a distance of 422.63 feet; thence on a bearing of South a distance of 610.65 feet to the point
of beginning of the land to be described (said point of beginning being located on the southerly line of an ingress and
egress easement given by the Grantors to the Grantee and his successors or assigns, and described below); thence
continuing on a bearing of South a distance of 709.50 feet more or less, to the South line of said NW'A of the NEVi;
thence on a bearing of East along said South line a distance of 200 feet; thence on a bearing of North, and at right angles
to last line, a distance of 709.50 feet more or less to the southerly line of the aforementioned ingress and egress easement;
thence on a bearing of West along said South line of said easement, to the point of beginning.
Grantors also hereby give an ingress and egress easement to the Grantor and his successors or assigns, over the
following described land: A 66.00 foot casement for ingress and egress purposes over and across part of the
NW% of the NE14 of Section 6, Township 133 North, Range 39 West, Otter Tail County, Minnesota. The
centerline of said casement is described as follows: Commencing at the North Quarter Section comer of said
Section 6; thence East (assumed bearing) along the North line of said Section 6 a distance of 33.01 feet; thence
South OriS’38” East a distance of 50.01 feet to the Southerly right of way line of County Road Number 128,
said point is the point of beginning of said centerline; thence continuing South 01°18’38” East a distance of
527.64 feet: thence on a bearing of East a distance of 576,40 feet and said centerline there terminating.
SUBJECT TO AND TOGETHER WITH EASEMENTS OF RECORD
Notice of Hearing for Variance
Otter Taii 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 must be present at the scheduled hearing.
To Whom It May Concern:
Donavon Luhning
40590 Wren Loop
Battle Lake, MN 56515
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, 2004, at 7:30 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 Northwest Quarter of the Northeast Quarter,
Property Address - Located Just Northwest from 40590 Wren Loop
Section 6, Township 133, Range 39 - Township Name - Girard
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is -
a variance to have less than a 5-acre parcel in a wetland area. The parcel would be 144’ by 544.5’ and would be
located between two other property owners. The 78,408 square foot area is located next to a surveyed lot to the west
and an non-surveyed lot to the east. I request to have this non-surveyed. The balance of the 9+ acres is only
connected by Wren Loop road and is approximately 300 feet away.
'Wc^ne Stein
Board of Adjustment Secretary
Date: September 17, 2004
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Taii)
i, Wayne Stein, Secretary for the Board of Adjustment for Otter Taii County, Minnesota, do hereby
certify that on the 20th, day of September, 2004 the attached Notice of Hearing for Variance was duiy
served upon the individuals listed beiow and/or included in the attachment:
Dbnavon Luhning, 40590 Wren Loop, Battie Lake, MN 56515
Caroi Jacobson, Twp Cierk of Girard, 24893 Palace Road, Battle Lake, MN 56515
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, Otter Taii County Highway Engineer, Courthouse, Fergus Faiis, MN 56537
Terry Lejcher, DNR 1509 1*‘ Ave N., Fergus Falls, MN 56537
DNR Riegional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 3310 Roiiins Beach Tris, Fergus Faiis, MN 56537
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randaii Mann, 532 N: Ann St., Fergus Falls, MN 56537
Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236
Leona Zimmerman, 418 E. Lakeside Dr, Fergus Faiis, MN 56537
by piacing a true and correct copy thereof in a sealed envelope^ postage prepaid,, and depositing the
same in the United States Maii at Fergus Faiis, MN, property addressed to each of the individuais
iisted above and/or iisted in the attachment.
Dated: September 20, 2004
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud