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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) $^C - (hon y'>o- r> '^“3® '■' SKot, -OO^f 4£c5 - T^rho~m te-00 \ yf ^c 3_3 f [p^-O-OOdu^^ * , ?^.,rNt-f *-> J a 2,Accepted By Land & Resource L & R Official/Dat /99<^9Date Of Hearing Time /f. i 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 ( .* 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. 1 t ..V / !1: w. 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. «■' /■« »/ rIf- r '; V O-O V■*. * v<‘‘ '■V X•\ J 1Arf ; N>/■ / #»/X.'H 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 ;■ Boar \ ; > • vV ■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 I 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 :