HomeMy WebLinkAbout300000320208004_Variances_08-09-1999852872 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #
was filed/recorded in this office
for record on the 31 day of
_______^Cpi 1999 at ^'/S (arr^m
Wendy L. ^etcalf, County Recor^r
n recording fea 6
^ well certificate
by;X
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
COMPLETE THIS APPLICATION IN BLACK INK***
Application Fee
Receipt Number
(218) 346-4664Edwin Legatt & Barbara LegattPROPERTY OWNER DAYTIME PHONE
Rt. 1. Box 445, Perham, MN 56573ADDRESS
LAKE NUMBER LAKE NAME LAKE CLASS
GormanTOWNSHIP 1 37 RANGE 39SECTION__32 TOWNSHIP NAME
FIRE / LAKE I.D. NUMBER unknownPARCEL NUMBER TP nnn T?n?nR nn4
LEGAL DESCRIPTION
See attached Exhibit A.
TYPE OF VARIANCE REQUESTED (Please Check)
Subdivision ^ ClusterStructure Setback Structure Size Sewage System Misc.
SPECIFY VARIANCE REQUESTED
1. To subdivide a 5 acre parcel into a .94 acre parcel and a 4.06 acre
parcel. The .94 acre parcel is developed and is to be used as a
manufacturing facility.
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.
S/7//ulX^.9-9-9-9-.
DATESIGNATURE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARINOMJQ i i 1999
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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2,Accepted By Land & Resource L & R Official/Dat
/99<^9Date Of Hearing Time
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Motion
!Edwin and Barbara Legatt - Approved with condition.
Motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve a variance to
jsubdivide an existing 5-acre parcel into two tract consisting of a 4.06 acre parcel and a .94 acre parcel with the ^condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that both
i parcels have access to a public road and have adequate space to support two on-site septic systems. Hardship is the
[topography of the land for public road access making future subdivisions very difficult.i
I
!Chairman/ptter Ta I County Board of ^justment
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mit(s) required from Land & Resource Management/^ .
A Yes (Contact Land & Resource Management)
Pert
No
Copy of Application Mailed to Applicant And the MN DNR T■ L R Official/Date
bk 0198-001
291.306 • Victor Lundeon Co.. Priniars • Fergus Falls. Minnesota
. i
September 9, 1999
Page 3
1
Karen Rosen - Approved with conditions.
Karen Rosen, Perham, MN, requested a variance to screen in current porches. The house was built in
1956 with a concrete slab, including porch slab.’The. second story addition in 1973, including upper
porch with roof.- The lake setback was no closer than existing building. The current setback from the
lake is 45 feet (OHWM). The property is described as Lot 7, Belka Beach, Little Pine Lake in Gorman,
Township. Letters from Lois A. Brockhoff, James M. Rosen,.Mary F. Rosen, Lyle Foster and Elizabeth!
Foster in favor of the applicant’s request were read for the record. The audience was polled with Marlin
Zitzow speaking for the request. After consideration, motion was made by Randall Mann, second by j
Mark Steuart and-carried with Cecil Femling and David Holmgren voting no, to approve the variance as
requested with the following conditions: |
!
1. that no more than 25% of the applicant’s total lot area can be covered with impervious surfaces.
and
2. the second dwelling must be eliminated.either by its removal or should the structure remain and, it j
use change the plumbing that serves the structure must be removed.
It was noted that the applicant’s proposal would be no closer to the ordinary high water level than the
structure as it presently exist. It was also noted that the variance as approved granted the Board of
Adjustment an opportunity to lessen impervious surface coverage and to eliminate a second dwelling, i
Daniel A and Susan A. Seifert - Tabled
Daniel A and Susan A. Seifert, Hawley, MN, requested a variance of 124’ from the required ordinary
high water level setback of 200’ for the addition of a 12’ by 26’ porch unto an existing trailer being 76’
from the ordinary high water level. The property is described as Lot 1, Freeman’s Beach, Dead Lake in
Amor and Dead Lake Townships. The audienpe was polled with no one speaking for or against the
request. After consideration, motion was made by David Holmgren, second by Cecil Femling and
unanimously carried, to table the public hearing, as requested in the applicants’ letter, until the October j
7, 1999 Board,of Adjustment meeting.
Edwin and Barbara Legatt - Approved with condition.
Edwin and Barbara (legatt, Perham, MN, requested a variance to subdivide an existing 5-acre parcel
into two tracts consisting of a 4.06-acre parcel and a ;94 acre parcel. The property is described as part
of the Southeast Quarter of the Southeast Quarter, Section ;32 of Gorman Township. Jeff Steinke,
proposed buyer, appeared along with the applicant at the public hearing. The audience was polled with |
no one speaking for or against the request. After consideration, motion was made by Cecil Femling, !
second by David Holmgren and unanimously carried, to approve a variance to subdivide an existing 5- 1acre parcel into two tract consisting of a 4.06 acre parcel and a .94 acre parcel with the condition that a I
registered surveyor’s'drawing must be provided at the time of conveyance. It was noted that both
parcels have access to a public road and have adequate space to support two on-site septic systems.
Hardship is the topography of the land for public rpad access making future subdivisions very difficult.
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That part of the Southeast Quarter of the Southeast Quarter of Section 32,
Township 137 North, Range 39 West of the Fifth Principal Meridian in Otter Tail
Count}', Minnesota, described as follows:
Commencing at a found cast iron monument which designates the southeast
comer of said Section 32; thence South 89 degrees 12 minutes 23 seconds West 796.34
feet oh an assumed bearing along the south line of said Section 32 to the point of ,
beginning; thence continuing South 89 degrees 12 minutes 23 seconds West 34.83 feet
along the south line of said Section 32; thence North 07 degrees 30 minutes 58 seconds
East 33.35 feet to an iron monument hereinafter referred to as Point A; thence continuing
North 07 degrees 30 minutes 58 seconds East 319.00 feet to an iron monument; thence
South 82 degrees 29 minutes 02 seconds East 128.87 feet to an iron monument; thence
South 07 degrees 30 minutes 58 seconds West 300.18 feel to an iron monument on the
.southwesterly right of way line ofTrunk Highway No. 10; thence South 89 degrees 12
minutes 23 seconds West 100.24 feet along the southwesterly right of way line of said
Trunk Highway No. 10 to an iron monument hereinafter referred to as Point B; thence
South 00 degrees 48 minutes 58 seconds East 33.00 feet continuing along the
southwesterly right of way line of said Trunk Highway No. 10 to the point of beginning.
The above described tract contains 0.94 of an acre.
SUBJECT TO an easement for driveway purposes over, under and across that part
of the above tract described as follows:
Beginning at the afore mentioned point of beginning; thence South 89 degrees 12
minutes 23 seconds West 34.83 feet; thence North 07 degrees 30 minutes 58 seconds
East 85.43 feet; thence North 89 degrees 54 minutes 21 seconds East 130.02 feet; thence
South 07 degrees 30 minutes 58 seconds West 50.48 feet; thence South 89 degrees 12
minutes 23 seconds West 100.24 feet; thence South 00 degrees 48 minutes 58 seconds
East 33.00 feet to the point of beginning of said driveway easement.
AND FURTHER SUBJECT TO an easement for public road purposes over, under
and across that part of the above tract which lies southerly of a straight line connecting
said Point A with said Point D.
EsmM A
___f^rin —r<i i rur»_____
Otter Tail County Assessor
121 West Junius Avenue, Suite 240
Fergus Falls, MN 56357
Notice of Your Property's
Estimated Market Value and Property Class
For Taxes Payable in 2001,
State law requires all property owners to be notified of any
changes in their market value or property class.
Parcel ID:
R30000320208004 Property CIa§s: Property is classified according to its use.
:ording to its
re taxed
Bare land^wyikjlBSIe
highg8j;^raT>ret use. Different classes of prfTp^Jjj^
aj^merent rates established by the slate legislature
af useT-mj'lacwfi
Property„Qjiincr(s):
I.I.I..II...I.I.I
9577
EDWIN L & BARBARA A LEGA IT
RR 1 BOX 445
I’ERHAM MN 5657.3-9792
iiilii lllllllMlIlIl 'll
C27 Property Class: COMM
Property Address:
SECl'-32 TWF-137 RANGE-039
PT SEl /4 SEl /4 COM SE COR SEC
32 S 89 DEG W 796' TO BG S 89
Municipality: GORMAN TOWNSHIP
1. 2000 Estimated Market Value is the assessor's estimate of what a propert>' would sell for inaiT^rm^^snyterrz:
transaction. Market value is defined as the most probable price that a well informed buyer would pay a well informed
seller for a propert)’ without either party being unduly pressured to buy or sell..................................................................
2. Value of New (or Previously Omitted) Improvements is the assessor's estimate of the value improvements
have added to the property . New impro^'emcnts are not eligible for limited market value...............................................
$.4.100
S.
3. 2000 Limited Market Value applies to agricultural, residential or noncommercial seasonal recreational residential
property. This provision limits increases on taxable values to not more than 8.5 percent over the preceding year's limited
market value (or estimated market value if there was no limited) or 15 percent of the difference between the two year's
values, whichever is greater.
4. Green Acres is a tax deferment program for agricultural propert)'. The deferment is designed to protect farm land
from valuation or taxation increases resulting from outside economic influences such as urban development or the
proximity of the land to a lake or river................. ................................................................................................
5. Exemption for This Old House Improvements applies to homes 45 years of age or older.
Improvements that increase the assessor's estimated market value by. $5,000 or more may have some of the
value exempted. To qualify', the property must be the applicant's homestead in the year the improvements were
made. Further information may be obtained from your county assessor's office....................................................
$.
$.
$-
6. 2000 Taxable Market Value is the value your property tax is actually based on. It is the final value after all
reductions, limitations and deferrals..........................................................................................................................4.100
Preliminary Review
_If,y'Ou have questions concerning this notice or the yaluat ion or clnssification of your property, please first call your asse.ssor's office at:__
218-739-2271. Often questions or concerns can be addressed without a formal appeal. Please note: This preliminary review is provided
as a serv ice to property owners. It is not a formal part of the appeal process and it does not take the place of the Local Board of Review or
any other appeal proceedings.
You may appeal your valuation or classification at the following locations:
Local Board of Review meeting: 12 APRIL 2000 LOO PM - 2:00 PM TOWN HALL
County Boai^ of Equalization meeting: COUNTY COURTHOUSE JUNE 14, 2000 - CALL AUDITORS OFFICE FOR APPOINTMENT "
!
vnlbSec back of page for additional instructions, conditions and limitations.
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PELOQUIN & MINGE, P.A.
Steven R. Peloquin
John Minge
ATTORNEYS AT LAW
Perham Office Park Rapids Office
Tel: (218) 732-5507
201 South Main
Park Rapids, MN 56470
Fax: (218) 732-9772
Reply To:
New York Mills Office
Tel: (218) 346-6900
432 Third Avenue S.E.
Perham, MN 56573
Fax: (218) 346-9017
Reply To: ✓
Tel: (218) 385-3100
15 N. Main, P.O. Box 277
New York Mills, MN 56567
Fax: (218) 385-4125
Reply To:
August 10, 1999
Land & Resource Management
Otter Tail County Courthouse
121 Junius Avenue
Fergus Falls, MN 56537
In Re: Ed & Barb Legatt
Our File No.: 99171
Dear People:
I am enclosing an Application for Variance, an original and six copies of the survey
map and a check in the amount of $60.00 which represents the fees for filing this
application.
If there are any questions, please contact me.
PELOQUIN & MINGE. P.A.
jiUG 11999
!l
Renee J. Sonnenberg
Legal Secretary L/.
/rjs
Enclosures
cc: Ed & Barb Legatt
I
Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Fails, MN 56537
(218) 739-2271 Ext. 240
!Applicant must be present at the scheduled hearing.
1
To Whom It May Concern:
Peloquin & Minge PA
432 Third Ave SE
Perham.MN 56573
Edwin and Barbara Legatt
RR 1 60x445
Perham, MN 56573.
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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
Thursday, September 9,1999, at 7:30 p.m..
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) 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 Southeast Quarter of the Southeast Quarter,
'!
Fire # Unknown
i
Section 32, Township 137, Range 39 - Township Name - Gorman
Lake No. 56-NA, Lake Name- NA, Class - NA
The variance requested is:
a variance to subdivide ari existing 5-acre parcel into two tracts consisting of a 4.06-acre parcel and a .94
acre parcel. i
d of y^ustment Secretary
Date: August 13,1999 ;■
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■r ■OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 16th, day of August, 1999 the attached Notice of Hearing for Variance was duly |
served upon the individuals listed below and/or included in the attachment: |
! ' j
Peloquin & Mjnge PA, Attorneys at Law, 432 Third Ave SE, Perham, MN 56573
Edwin & Barbara Legatt, RR 1 Box 445, Perham, MN 56573
Wayne Lehman, Gorman Twp Clerk, RR 1 Box 527, Perhani, MN 56573
)SS ■•u
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otter Tail County Cola,;% John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher^ DNR1221 1/2 E. Fir Ave., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
David H. Holmgren, RR1 Box 188B, Henning, MN 56551
John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St, Fergus Falls, MN . 56537
Frank Lachowitzer, RR 1 Box 249, Perham, MN 56573
Mark Steuart, RR l Box 82, Richville, MN 56576 •:
,1
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the v |
same in the Unjted States Mail at Fergus Falls, MN, property addressed to each of the indiyiduals |
listed above and/dr listed in the attachment
Dated: August 16th, 1999
Wayne Stein, Secretary
Otter tail County Board of Adjustment
i
By:a.Vi Manderud
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