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HomeMy WebLinkAbout29000340233004_Variances_09-13-2018Variances 2 Barcode 128 ^-13'201'?. 1212991 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/10/2018 09:45 AM FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D: N :('i sUO RECEIVED§ At« 1 7 20!8 UNDSPESOORC^ iC D il.L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTCRTmi Application Fee ^ '‘SOQ ■ (K) . Receipt Number ' MAccepted by Date Property Owner Charles and Polly Ann GrellName Address 3006 30th Street Court South City Saint Cloud State Minnesota Zip 56301 Daytime Phone 320.260.0420 Email grellccpgfm@charter.net Parcel Information Lake Class GDLake Name West Battle LakeLake No 239 dNpfrParcel Number(s)Keep an n to 000R 29000340233003 Parcel Number(s)R 29000340233004 Split off t II buildable Section j 34Girar^_________ See attaced Exhibit A. Township Name Legai Description Physical Address unassigned? Between 22773 (Maguire's) and 22896 (Grell's from Larson's) Treetop Rd, Henning TYPE OF VARIANCE REQUESTED (Please Check) □fTIStructure Setback I I SubdivisionStructure Size Sewage System nI I MiscellaneousClusterWECS 1 f SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBUC NOTIFICATION. We propose to vary from current ordinance to create and sell a buildable lot on 200' x 100' (unrecorded plat of Vern Villa Bea6h lots 7 & 8; parcel R 29000340233004). Attach remainder (unrecorded plat of Vem Villa Beach lots 5 & 6; parcel R 29000340233003 ) to our parcel R 29000340233000 which has physical address of 22896 Treetop Road, Henning. — -VoSee drawing. " ~TKe_ io-V AS ~2.0jO>^^o -s ^ V(/c_<do -fVo/?+-c\^<£- -Pt r Vo s , I I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTI TAIL COUNTY. I ALSO UNDERSTAND T|IAT OTHER PERMITS MAY BE REQUIRED. FT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THjS MAPf^ ^- .MMSIGNATUREOF PROPERTY OWNER/AGENT F^OWNER 'UJkDATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) TimeDate of Hearing Motion Charles and Polly Ann Crell - V^ariance application approved with a modification and conditions. (7:35 m.)P After consideration and discussion. Jack Rosenthal made a motion, seconded by Darren Newville and carried with S eve Schierer voting no, to approve the variance as described in the variance application dated August 6, 2018 with the following conditions: I) Parcel R 29000340233004 must be increased in size from 200’ by 100' to 225’ by 100’ (tiis would be a buildable Lot), 2) Parcel R 29000340233003 must be reduce in size from 200’ by 100’ to 175’ by 100’, 3) Parcel R 29000340233003 (175’ by 100’) must be permanently attached to Parcel R 29000340233000 and a registered surveyor’s drawing must be provided. The variance as approved does not directly or indirectly grant ai ly other variances for future development. 4 Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management 10 hi^Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date No delinquent taxes and transfer entered; Certificate of Real Estate Value 1206917 ( Y ) filscl ( ) not required. Cert, of Real Estate Value No.Ylipfff r)j[AAkS I C^) X CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 06/01/2018 02:56 PM FEE: 46.00 PAGES 3 WELL CERTIFICATE REC'D: N I'tf coen oopO) (Year) Wayne Stein, County Auditor/Treasurer O byioo ^ OOO 3^ ^^33 Deputy Top 3 Inches reserved for recording data) WARRANTY DEED lndivldual(8)to Indlvldual(s) eCRV number DATE; May 30.2018DEED TAX DUE: $544.50 FOR VALUABLE CONSIDERATION, Roxanne L. Mikkelson and Gregory M. MIkkelson, wife and husband CGrantor”), hereby convey and warrant to Charles C. Grell and PollyAnn Grell ("Grantees’^, as joint tenants real property in OTTER TAIL County, Minnesota, legally described as follows; COUNTY OF OTTERTAIL STATE OF Mum OATE'a'^ tel I I 1^ See Attached Legal Description 1^0 Check here if all or part of the described teal property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto. GrantorCheck appTicable box: ISi The Seller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number [...].) □ I am familiar with die property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disdosure certificate. Roxanne L.^ikkelson zGrei Page 1 of 3ECB-1031 Otter Tail County, Minnesota 1206917 1 of 3 QUtT CLAIM DEEDPage 2 of 3 State of Minnesota, County of Ramsey This instrument was acknowledged before me on May 30,2018, by Roxanne L. Mikkelson and Gregory M. Mikkelson, wife and husband. HESPEN jmuary 31,2022 _ Amanda R. Hespen Title (and Rank): Notary. Publlc/Attomey My commission expires; 01/31/2022 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Charles and PollyAnn Grell 3006 - 30*" Street Court South St Cloud, MN 56301 THIS INSTRUMENT WAS DRAFTED BY: Amanda Hespen Jeffrey P. Scott & Associates, LLC 2356 University Avenue West Suite 400 St Paul, MN 55114 (651) 647-9533 tel (651) 647-9544 fax Otter Tail County, Minnesota 1206917 2 of 3 •«. .. QUIT CLAIM DEEDPage3of3 LEGAL DESCRIPTION A parcel of land in Government Lot Four (4), in Section Ttiirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, described as fdiiows; Commencing at the Southeast comer of said Lot 4, thence running West a distance of 722 feet, thence North 53 feet to the East right-of-way line of County Highway No. 5, thence northerly along said right-of-way line a distance of 500 feet to the point of beginning of the tract hereby conveyed, thence from said point of beginning run East parallel to the ^uth line of Government Lot 4 a distance of 100 feet, thence northerly parallel to the said East right-of-way line a distance of 200 feet thence West parallel to South line of Government Lot 4 a distance of 100 feet to the said East right-of-way of Highway, thence southerly along said right-of-way fine 200 feet to point of beginning; AND A parcel of land in Government Lot Four (4) in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, described as follows; Commencing at the Southeast comer of said Lot 4, thence running West a distance of 722 feet, thence North 53 feet to the East right-of-way line of County Highway No. 5, thence northerly along said right-of-way line a'distance of 700 feet to the point of beginning of the tract hereby conveyed, thence from said point of beginning run East parallel to the ^uth line of Government Lot 4 a distance of 100 feet, thence norfoeriy parallel to the said East right-of-way line a distance of 200 feet, thence West parallel to.South line of Government Lot 4 a distance of 100 feet to the said East right-of-way of Highway, thence southerly along said right-of-way line 200 feet to point of beginning. Otter Tail County, Minnesota 1206917 3 of 3 David Ross - Variance application approved as requested. (7:18 p.m.) David Ross, Lot 9 Block 1 Hutmacher's Addition to Klein and Adam Point, Marion Lake in Dead Lake Township, requested the following: Goal is to build a single-family dwelling and detached garage on a back lot that sits on the west side of South Marion Drive near Marion Lake. The back lot is currently wooded and undeveloped. Hardship/practical difficulty is a substandard lot where the width and square footage of the lot is less than what the ordinance requires. Ultimately, we are requesting the lot to be declared buildable for residential purposes. The building plans we develop will conform to all other requirements stated in the Otter Tail County Shoreland Management Ordinance. Steve Ross represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to declared Lot 9 Block 1 of Hutmacher's Addition to Klein and Adam Point a buildable lot for residential purposes as requested in the variance application dated August 6, 2018. The variance as approved will allow the property owner to enjoy the same rights and privileges as others in this immediate area. The variance as approved does not directly or indirectly grant any other variances for future development. Paul and Mary Griiideland - Variance application approved as requested. (7:26 p.m.) Paul and Mary Grindeland, part of Lots 22 and 23 Rose Lake Beach in Hobart Township, requested a variance of 20’ from the required ordinary high-water level setback of 100’ for placement of an 8’ by 8’ shed approximately 80’ 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, seconded by Darren Newville and unanimously carried, to approve a variance of 20’ from the required ordinary high-water level setback of 100’ for the placement of an 8’ by 8’ shed approximately 80’ from the ordinary high water-level as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is a substandard lot of record. It was also noted that the proposed location will not restrict the view from the adjacent properties. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Rick and Carol Frovarp - Variance application approved as requested. (7:30 p.m.) Rick and Carol Frovarp, Lot 16 Silent Point, West Silent Lake in Dora Township, requested a 62’ variance for setback of structure to be 38’ from the ordinary high-water mark. Required is 100’. We are requesting a 15’ variance for a road right-of- way setback of 5’. We are requesting a 5’ variance for the lot line setback. The audience was polled with no one speaking for or against the variance as requested. The applicants’ contractor (Roger) was also in attendance. After consideration and discussion, Darren Newville made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 62’ from the required ordinary high water-level mark, a variance of 5’ from the required lot line setback of 10’ and a variance of 15’ from the required road right-of-way setback of 20’ for the placement of the proposed development as described in the variance application dated July 18, 2018 and as depicted on the drawing submitted with the application 38’ from the ordinary high water level, 5’ from the lot line and 5’ from the road right-of-way. Hardship/practical difficulty is the unique shape of the applicants’ property. The variances as approved will provide the applicant with a reasonable use of their property. The proposed development is an improvement to the property. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development. Charles and Polly Ann Grell - Variance application approved with a modification and conditions. (7:35 p.m.) Charles and Polly Ann Grell, part of Government Lot 4, Section 34 of Girard Township by West Battle Lake, requested the following; We propose to vary from current ordinance to create and sell a buildable lot on 200’ by 100’ (unrecorded plat of Vern Villa Beach Lots 7 and 8; parcel R 29000340233004). Attach remainder (unrecorded plat of Vern Villa Beach Lots 5 and 6; parcel R 29000340233003) to our parcel R 29000340233000) which has physical address of 22896 Treetop Road, Henning. The parcel to be considered single family lot. The lot is 20,000 square feet. We do meet frontage requirements. Required is 40,000 square feet. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion. Jack Rosenthal made a motion, seconded by Danen Newville and carried with Steve Schierer voting no, to approve the variance as described in the variance application dated August 6, 2018 with the following conditions: 1) Parcel R 29000340233004 must be increased in size from 200’ by 100’ to 225’ by 100’ (this would be a buildable Lot), 2) Parcel R 29000340233003 must be reduce in size from 200’ by 100’ to 175’ by 100’, 3) Parcel R 29000340233003 (175’ by 100’) must be permanently attached to Parcel R 29000340233000 and 4) a registered surveyor’s drawing must be provided. The variance as approved does not directly or indirectly grant any other variances for future development. Page 13 September 13, 2018 EXHIBIT A LEGAL DESCRIPTIQN/DEPICTION OF PROPERTY A parcel of land in Government Lot Four (4), in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, described as follows:: Commencing at the Southeast comer of said Lot 4, thence running West a distance of 722 feet, thence North 53 feet to the East right-of-way line of County Highway No. 5, thence northerly along saidj right-of-way line a distance of 500 feet to the point of beginning of the tract hereby conveyed, thence from said point of beginning nm East parallel to the South line of Government Lot 4 a distance of 100 feet, thence northerly parallel to the said East right-of-way line a distance of200 feet, thence West parallel to South line of Government Lot 4 a distance of 100 feet to the said East right-of-way of Highway, thence southerly along said right-of-way line 200 feet to point of begihning; , >. and A parcel of land in Government Lot Four (4) in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, described as follows:. Commenemg at the Southeast comer of said Lot 4, thence running West a distance of 722 feet, thence North 53 feet to the East right-of-way line of County Highway No. 5, thence northerly along said right-of-way line a ; distance of 700 feet to the point of beginning of the tract hereby conveyed, thence from said point of beginning run East parallel to the South hne of Government Lot 4 a distance of 100 feet, thence northerly parallel to the said East right-of-way line a distance of200 feet, thence West parallel to South line of Government Lot 4 a distance of 100 feet to the said East right-of-way of Highway, thence southerly along said right-of-way line 200 feet to point of beginnihg. ■ ■■ : •r • '-H -9-ExhibitA/9 otter Tail County Web Map http://www. CO. otter-tail. mn. us Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Charles and Polly Ann Grell 3006 30'^ Street Court South St. Cloud, MN 56301 has/have 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, September 13, 2018 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 Government Lot 4, Property Address - Between 22773 (Maguire’s) and 22896 (Grell’s from Larson’s) Treetop Road - 56551 Section 34, Township 133, Range 39 - Township Name - Girard Lake No. 56-239, Lake Name - West Battle, Class - GD The variance requested is the following: We propose to vary from current ordinance to create and sell a buildable lot on 200’ by 100’ (unrecorded plat of Vem Villa Beach,Lots 7 and 8; parcel R 29000340233004). Attach remainder (unrecorded plat of Vem Villa Beach Lots 5 and 6; parcel R 29000340233003) to our parcel R 29000340233000) which has physical address of 22896 Treetop Road, Henning. The parcel to be considered single family lot. The lot is ^ 20,000 square feet. We do meet frontage requirements. Required is 40,000 square feet. Wayne Stein Board of Adjustment Secretary August 23, 2018 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 27th, day of August, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Charles & Polly Ann Grell, 3006 30*'’ Street CT S, St. Cloud, MN 56301-9083 West Battle Lake Assoc., Blaine Larson, 38323 Front ST, Battle Lake, MN 56515 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Rd, Battle Lake,MN 56515 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6*'’ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland LN, Fergus Falls, MN 56537 Jack Rosenthal, PO Box 266, Ottertail, MN 56571 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: August 27, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment cxvju-By: Vi Manderud DOUGLAS S & SARA M BURLESON 414 1ST STS ODESSA, MO 64076-1504 KAELl M & KAARl H ESPELAND PO BOX 96 HENNING, MN 56551-96 ROBERT W & GAIL A BOE 15606 SKYLINE AVENW PRIOR LAKE, MN 55372-1677 HENDRICKSON TST 1565 COUNTY ROAD 309 GEORGETOWN, FL 32139-3105 LOUIS E & SONJA M GUNKEL 43247 227TH ST HENNING, MN 56551-9442 CHARLES & POLLY ANN GRELL 3006 30TH STREET CTS SAINT CLOUD, MN 56301-9083 ROBERT D & DEBRA KEIERLEBER 44229 230TH ST HENNING, MN 56551-9446 DORIS & JERRY LINDER ISSENDORF 22771 435TH AVE HENNING, MN 56551-9443 BRIAN K JENSEN 43238 230TH ST HENNING, MN 56551-9444 TERRY LOLOFF 2749 NIAGARA TRL LOGAN, IA 51546-6014 CAROL MAGUIRE 2402 ORIENT AVE LOGAN, lA 51546-6085 DALE A & DANIELLE J KENDRICK 3054 181STST CLEARWATER, MN 55320-1408 WAYNE E & BETH E OLOFF PO BOX 730 BLAIR, NE 68008-730 1206917No delinquent taxes ano transfer entered; Certificate of Real Estate Value CAROL SCHMALTZ OTTER TAIL COUNTY recorder/registrar of titles FERGUS FALLS, MN RECORDEDON 06/01/2018 02:56 PM FEE: 46.00 PAGES 3 WELL CERTIFICATE REC'D: N )filed ( ) not required. Cert, of jReal Estate Value coco r^-coocncog CO - >c of— _ (Year) Waytie Stein, County Auditor/Treasurer byico ooo 3V* ^^33 Top 3 inches reserved for recording data) WARRANTY DEED Indivrclual(s) to Indivlduai(s) eCRV number: 6i ir^Otpl DATE: May 30,2018DEED TAX DUE: $544.50 FOR VALUABLE CONSIDERATION, Roxanne L. Mikkelson and Gregory M. Mikkelson, wife and husband (“Grantor”), hereby convey and warrant to Charles C. Grell and PollyAnn Grell (“Grantees"), as joint tenants real property in OTTER TAIL County, MinnesotSi legally described as follows: r COUNTY OF OTTER TAIL STATE OF MINNESOTA. DEED TAX i 5^-00 NUMBER DATE'S';^ ©I 1 I I9S See Attached Legal Description Check here if all or part of the described real property is Registered (Torrens) Q together with all hereditaments and appurtenances belonging thereto. GrantorCheck applicable box: ^ The Seller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [...].) □ 1 am fafniliar with the property described in this instrument and i certify that the status and number of wells on the described real property have hot changed since the last previously filed well disclosure certificate. Roxanne L./Mikkelson l)kke/sonGregi Page Tof 3ECB-1031 QUIT CLAIM DEEDPage 2 of 3 State of Minnesota, County of Ramsey This instalment was acknowledged before me on May -30,2018, by Roxanne L. Mikkelson and Gregory M: Mikkelson, wife and husband: WL My Commission Expires January 31»20^^ fmanda R. Hespen ■[& Title (and Rank): Notary Public/Attorney My commission expires; 01/31/2022 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Charles and PollyAnn Grell 3006 - SOX' Street Coiirt South SL Cloud, MN 56301 THIS INSTRUMENT WAS DRAFTED BY: Amanda Hespen Jeffrey P. Scott & Associates, LLC 2356 Uiiivefsity Avenue West, Suite 400 SL Paul, MN 55114 (651)647r9533tel (651) 647-9544 fax Page 3 of 3 QUIT CLAIM DEED LEGAL DESCRIPTION A parcel of land in Government Lot Four (4); in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, described as follows: Commencing at the Southeast comer of said Lot 4, thence running West a distance of 722 feet, thence North 53 feet to the East right-of-way line of County Highway No. 5, thence northerly along said right-of-way line a distance of 500 feet'to the point of. beginning of the tract hereby conveyed, thence from said point of beginning run East parallel to the South line of GovernmentLot 4 a distance . of 100 feet, thence northerly parallel to the said East right-of-way line a distance of 200 feet, thence West parailei to Souih line of Government Lot 4 a distance of 100 feet to the said East right-of-way of Highway, thence southerly along said right-of-way line 200 feet to point of beginning; AND A parcel of land in Government Lot Four (4) in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine ; . (39) West, described as follows: Commencing at the Southeast corner of said Lot 4, thence running West a distance of 722 feet, thence North 53 feet to the East right-of-way line of County Highway No; 5, thence northerly along said right-of-way line a distance of;700 feet to the point of' beginning of the tract hereby conveyed, thence from said point of beginning run East parallel to the South line of Government Lot 4 a distance of 100 feeL thence nofthefly parallel to the said East right-of-way line a distance of 200 feeL thence West parallel to South line of Government Lot 4 a distance of 100 feet to the said East right-of-way of Highway, thence southerly along said right-of-way line 200 feet to point of beginning. >■ !