HomeMy WebLinkAbout29000200134002_Variances_12-05-2007Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # XU3jL1.01
was fiied/recorde^in this office
for recond on the /A day o
-------------2007 at??'.t|Z^
Wencty L. MetcaJl^unty ROcwder
^weii cert^fcate
1031101
im
by:
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
mm_a)i^|o7
PHONE^.$^ - S~6.
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
PROPERTY OWNER /4aJP tggTTF DAYTIME
MAILING ADDRESS.S/g?*7 !57~ Ud MaJ tSo'3>
0/tTTver LAKE CLASSLAKE NUMBER LAKE NAME
SECTION TOWNSHIP (3 3 RANGE ^9 TOWNSHIP NAME
E-911
ADDRESS
^lOG
PARCEL
NUMBER /4<S*C05S THG'OOP G 13>4 oc> ^
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LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
Subdivision Cluster Misc.Sewage SystemStructure SizeStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
^€<5l\JLe^'r 6/t-etzCoT~ fAfZce^C. £>f^
4) /Wc? l,£SS TTM-y^ £>^ /^oAo Afo/V ^
/e.oAP 6?oc^^9^^C:>S-£>c>c:>)
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.
m-oj DATESIGNATURE OF/PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
'.V
'p.^o/T/nTimeDate Of Hearing
Motion
Keith and Elizabeth Keller - Approved the variance as requested with conditions. (7:50 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Les Estes and unanimously carried, to approve a
variance to subdivide a 1 acre parcel, containing 185’ of frontage, from an existing 4.44 acre parcel for non-residential
development purposes with the following conditions: 1) a registered surveyor’s drawing must be provided at the time of
conveyance, 2) this 1 acre parcel must be permanently attached to Lots 18 and 19 and 3.) the area contained within this one acre
tract cannot be used when calculating the impervious surface coverage of Lots 18 and 19.
Tail County Board oTAdjustment
Permit(s) required from Land & Resource Management
z Yes (Contact Land & Resource Management)
No
(2- Clio7L R Official/DateCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Vidor Lundeen Company. Fergus Falls. Minnesota
December 5, 2007
Page # 3
Judith Backhaus - Approved the variance as requested. (7:40 p.m.)
Judith Backhaus, part of Sub Lot 8 of the Subdivision of Government Lots 1, 2, 3, and 4 Section 14 of Clitherall
Township by Clitherall Lake, requested the following: For the front line of a planned addition to my 1968 vintage
cabin, I seek variance of 46’ from the required ordinary high water level setback of 100’. This setback line would be
used to locate the addition in such a way as to help alleviate inharmonious effects (hardships) presented my property
by the uniquely placed house (19798 Peninsula Trail) adjacent to my lot;
Built (in 1998) just 38’ from the lakes ordinary high water level, the 115’ house protrudes 45’ ahead of my
cabin’s front line. The two story protruding section of the house contains a number of windows whose fields
of view include, through my front windows, large areas of my cabin’s interior.
With the setback line requested lying farther from the lake than the line connecting the nearest lakeside corners of my
adjacent neighbors’ houses; the addition will not alter the essential character of the locality, nor damage the rights or
property values of these same neighbors. Doug Backhaus represented the applicant at the public hearing. 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 dated November 13, 2007 and as depicted on the
drawing labeled Exhibit A which was submitted with the variance application. The Board noted that the applicant’s
proposal would place the proposed development behind the building/sight line.
Keith and Elizabeth Keller - Approved the variance as requested with conditions. (7:50 p.m.)
Keith and Elizabeth Keller, part of Government Lot 4, Section 20 of Girard Township by West Battle Lake, requested a
variance to subdivide a 1 acre parcel, containing 185’ of frontage, from an existing 4.44 acre parcel for non-residential
development purposes. The proposed parcel will be permanently attached to Lots 18 and 19, Beauty Shore Summer
Resort. Milt Paulson represented 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 Les Estes and unanimously carried, to approve a variance to subdivide a 1 acre parcel, containing
185’ of frontage, from an existing 4.44 acre parcel for non-residential development purposes with the following
conditions: 1) a registered surveyor’s drawing must be provided at the time of conveyance, 2) this 1 acre parcel must
be permanently attached to Lots 18 and 19 and 3.) the area contained within this one acre tract cannot be used when
calculating the impervious surface coverage of Lots 18 aFTd~t9: ~ •
Mary Beth Hanson Trust Et Al -Approved the variance as modified with a condition. (7:55 p.m.)
Mary Beth Hanson Trust Et Al, part of Government Lot 3, Section 5 of Edna Township and part of Government Lot 5,
Section 32 of Hobart Township on Sybil Lake, requested a variance of 48’ from the required ordinary high water level
setback of 100' for the relocation of 12’ 6” by 19’ 6” garage 52’ from the ordinary high water level and a variance of 53’
from the required ordinary high water level setback of 100’ for a new rear addition and roof to existing home 47’ from
the ordinary high water level. Kelli Wegscheid, Architect, represented the applicant at the public hearing. The
audience was polled with Jim Sandau seeking additional information regarding the applicant’s proposed development.
After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously
carried, to approve the proposed new addition to the existing dwelling, the proposed garage addition to the new
addition and the roof to the existing home as depicted on the drawing submitted with the variance application and
also, to approve the relocation of the existing garage to the area depicted on drawing with the condition that the
proposed addition and the proposed patio cannot be added to the relocated garage unless the garage is relocated to :
a location which complies with the setback requirements of the ordinance. It should be noted that the variances as
approved for the proposed development does not directly or indirectly grant any other variances for the proposed
development.
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SCALE; T INCH = 1 OO FEET
BE AR.ir^GS ARE BASED ON AN ASSUMED DATUM.
DENOTES IRON MONUMENT FOUND.
O DENO’TES IRON MONUMENT SET MARKED ” RLS T 3620” .
□ DENOTES CONCRETE MONUMENT FOUND.
(§) DENOTES CAST IRON MONUMENT SET MARKED ” COUNTY SURVEYOR” .
PROPOSED LEGAL DESCRIPTION
AH that pari of Government Lot 4, Section 20, Township 153, Range 59, Otter
Tail County, Minnesota, described as follows:
Commencing at the West Quarter corner of said Section 20; thence on an assumed
bearing of South 1 degree 21 minutes 00 seconds East along the west line of
said Section 20, a distance of 589.52 feet; thence North 89 degrees 59 minutes
00 seconds East a distance of 265.62 feet; thence South 45 degrees 15 minutes
06 seconds East a distance of 95.76 feet; thence southeasterly on a tangential
curve, concave to the southwest, having a radius of 200.00 feet and a delta
angle of 50 degrees 52 minutes 20 seconds, for an arc distance of 107.76 feet;
thence South 12 degrees 22 minutes 46 seconds East a distance of 149.54 feet;
thence southeasterly on a tangential curve, concave to the northeast, having a
radius of 550.00 feet and a delta angle of 17 degrees 57 minutes 04 seconds,
for an arc distance of 109.66 feet; thence South 50 degrees 19 minutes 50
seconds East a distance of 285.94 feet to the point of beginning of the land
to be described; thence continuing South 50 degrees 19 minutes 50 seconds East
a distance of 80.65 feet; thence southerly on a tangential curve, concave to
the west, having a radius of 185.00 feet and a delta angle of 45 degrees 55
minutes 53 seconds, for an arc distance of 141.85 feet; thence South 15
degrees 56 minutes 08 seconds West a distance of 165.95 feet; thence South 5
degrees 47 minutes 25 seconds West a distance of 117.19 feet to the northerly
line of BEUTY SHORE SUMMER RESORT, according to the recorded plat thereof;
thence South 81 degrees 47 minutes 14 seconds West along said northerly line
of BEUTY SHORE SUMMER RESORT, a distance of 587.95 feet to said west line of
Section 20; thence North 1 degree 21 minutes 00 seconds West along said west
line, a distance of 127.20 feet to the southwest corner of a tract of land
described in Document No. 665715, as filed of public record in the office of
the Otter Tail County Recorder; thence North 88 degrees 59 minutes 00 seconds
East along the south line of said tract of land described in Document No.
665715, a distance of 100.00 feet to the southeast corner of said tract of
land described in Document No. 665715; thence North 1 degree 21 minutes 00
seconds West along the east line of said tract of land described in Document
nor I'Kya.Totifgt—jSQi'd, -Ugci -land described in Document No. 665715; thence South 88 degrees 59 minutes 00
seconds West along the north line of said tract of land described in Document
No. 665715, a distance of 100.00 feet to the northwest corner of said tract of
land described in Document No. 665715; thence North 1 degree 21 minutes. 00
seconds West oiong the west line of said Section 20, a distance .of 65.21 feet;
thence North 24 degrees 52 minutes 56 seconds East a distance of 44.80 feet;
thence North 77 degrees 17 minutes 27 seconds East a distance of 571.97 feet
to the point of beginning.
Containing 6.00 acres more or less. Together with and subject to a 55 foot road
easement over and across that part of Government Lot 4, Section .20, Township
155, Range 59, Otter Tail County, Minnesota, being 16.50 feet on each side of
the following described centerline.
Commencing at the West Quarter corner of said Section 20; thence on on assumed
bearing of South 1 degree 21 minutes 00 seconds East along the west line of
said Section 20, a distance of 589.52 feet; thence North 89 degrees 59 minutes
00 seconds East a distance of 265.62 feet to the point of beginning of the
centerline to be described; thence South 45 degrees 15 minutes 06 seconds East
a distance of 95.76 feet; thence southeasterly on a tangential curve, concave
to the southwest, having a radius of 200.00 feet and a delta angle of 50
degrees 52 minutes 20 seconds, for an arc distance of 107.76 feet; thence
South 12 degrees 22 minutes 46 seconds East a distance of 149.54 feet; thence
southeasterly on a tangential curve, concave to the northeast, having a radius
of 550.00 feet and a delta angle of 17 degrees 57 minutes 04 seconds, for an
distance of 109.66 feet; thence South 50 degrees 19 minutes 50 secondsarcEast a distance of 564.57 feet; thence southerly on a tangential curve,
concave to the west, having a radius of 185.00 feet and a delta angle of 45
degrees 55 minutes 58 seconds, for an arc distance of 141.85 feet; thence
South 15 degrees 56 minutes 08 seconds West a distance of 165.95 feet; thence
South 5 degrees 47 minutes 25 seconds West a distance of 117.19 feet to the
northerly Uneof BEUTY SHORE SUMMER RESORT, according to the recorded plat
thereof and there terminating.
The sidelines of said easement shall terminate on said northerly line of BEUTY
SHORE SUMMER RESORT.
SURVEYOR'S CERTIFICATE
/ hereby certify that this is a true and correct representation of a survey of
the boundaries of the above described land, and that this survey was prepared by
under my direct supervision and that I am a duly Registered Land Surveyor
under the laws of the State of Minnesota. Dated this 25th day of September,
1998.
me or
--
David A. Anderson
Land Surveyor
Minn. Reg. No. 15620
CERTIFICATE OF SURVEY FOR:
KEITH & LIZ KELLER
TT