HomeMy WebLinkAbout300000320208005_Variances_08-09-1999852872 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # )^f>S>872
was filed/recorded in this office
for record on the day of 6i'rpi 1999 at
Wendy L. Metcalf, County Recortor
by: ■■
[ ‘f ■ (^cording fee 6
well certificateZ’
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
ADDRESS Rt. 1. Box 445, Perham, MN 56573
LAKE NUMBER LAKE NAME LAKE CLASS
GormanTOWNSHIP 1 37 RANGE 39SECTION__32 TOWNSHIP NAME
FIRE / LAKE I.D. NUMBER unknownPARCEL NUMBER TO nnn T?n?DR 004
LEGAL DESCRIPTION
See attached Exhibit A.
TYPE OF VARIANCE REQUESTED (Please Check)
Sewage System___ Subdivision ^ Cluster Misc.Structure SizeStructure Setback
SPECIFY VARIANCE REQUESTED
To subdivide a 5 acre parcel into a .94 acre parcel and a 4.06 acre
parcel.
manufacturing facility.
1 .
The .94 acre parcel is developed and is to be used as a
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.
ity'o^er DATE
APPLICANT MUST BE PRESENT AT THE HEARINOMJG i 1999
SIGNATURE OF PROPER
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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Accepted By Land & ResourcerI L & R Official/Dat
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o/^z^y^yn Jt^/9999 TimeDate Of Hearing
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
[subdivide 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
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.
Chairman/ptter Ta I County Board of ^justment
Perrnit(s) required from Land & Resource Management/O • ^
A Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
-. L R Official/bate ‘
bk 0198-001
291.306 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota
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W>.CERTIFICATE OF APPROVAL
SEWAGE SYSTEM
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This Certificate has been issued this 5th of March, 1999, to certify
that the sewage system installed as per Sewage Treatment System Permit
Nvimber 12295 has been approved for use by Otter Tail County, Minnesota.r^m0
The property served by this Sewage System is legally described as:
UNPLATTED
PT SEl/4 SEl/4 (5 AC)
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Parcel Number(s): 30000320208004
Section: 32 Township: 137 Range: 39 Township Name: GORMAN TOWNSHIP
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mCurrent Property Owner: EDWIN & BARBARA LEGATT
Number of Bedrooms: 0 (i employee/office)
I^anagement Official
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Land & Resource
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284.709 • Victor Lundeen Co. Printers • Fergus Falls, MN • 1-800-346-4870
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Thai part of the ^oulhMSt Quarter of Sccliqni32;:^j *
Township i 37 hforth, Range 3^\Vest of the i^ifwMtidpal Meiidianin^ft^ Tail ^
County, Minnesota, describedI#
Commencing at a found cast iron monuipenlAvhich designates the southeast
comer of said Section 32; thence South 89. degrees l 2 minutes. 23 seconds West 796.34
feet oh an assumed bearing along the south line of said Sectioh 32 to the point of ,
beginning; thence continuing South 89 degrees J2 minutes 23;s 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 feef 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 of Trunk 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.
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:
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 de^ees 54 niinutes‘2I 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 B.
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September 9, 1999
Page 3
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 j
Zitzow speaking for the request. After consideration, motion was made by Randall Mann, second by i
Mark Steuart and carried with Cecil Femling and David Holmgren voting no, to approve the variance as j
requested with the following conditions:
I1. 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
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.
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’ 1
from the ordinary high water level. The property is described as Lot 1, Freeman’s Beach, Dead Lake in j
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
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-
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
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.
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otter Tail County Assessor
121 West Junius Avenue, Suite 240
Fergus Falls, MN 56357
Notice of Your Property's
Estimated Market Value and lYoperty Class
For Taxes Payable in 2001
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State law requires all property owners to be notified of any
didnges in their market value or property class. j1
Parcel ID:
Property Class: Property is classified according to its use. j
prdingtoits j
R30000320208004
Bare land, wu
sjfffiCrTCst use. Different classes ofproWlfc^
&ent rates established by the state legislature:
ro taxed• highPropcHy,,Ojfttnc r(s):
9577
EDWIN L & BA KB A1^ A LEG ATI'
RR1 BOX 445
PERHAMMN 56573-9792
J •TiTillllilillOTiriilii
C27 Property Class: COMM
I Property Address:
SECT-32 TWP-137 RANGE-039
PT SEl /4 SEl /4 COM SE COR SEC
32 S 89 DEG W 796' TO BG S 89
'3
^ Municipality: GORMAN TOWNSHIP
I1. 2000 Estimated Market Value is the assessor's estimate of what a property would sell for in aiWmHifcMlijflhiiMiM
transaction. Market value is defined as the most probable price that a well informed buyer would pay a well informed
seller for a property 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 improvements are not eligible for limited.market value...............................................
$_4.100 1
$.
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 property. 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, $5,000 or more may have some of the
value exempted. To qualify, the property must be the applicant's homestead in the year the improvements were
made. Further information may be obtained from your county assessor’s office....................................................
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6. 2000 Taxable Market Value is the value your property tax is actually based on. It is the final value after all
reductions, limitations and deferrals............................................ ..........................................................................4.100$.
Preliinihaiy Review
-If you have questions concerning this notice or the yaluatiqn or clnssification of your property, please firrt call your assessor's office at: j_^
2i8-739-2271. Often questions or concerns can be addressed without a formal appeal. Please note: This preliminary review is provided 1
as a service 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. i
You may appeal your valuation or classification at the following locations: 1
Local Board of Review meeting: 12 APRIL 2000 1:00 PM - 2:00 PM TOWN HALL j
County Board of Equalization meeting: COUNTY COURTHC3USE JUNE 14, 2000 - CALL AUDITORS OPFICE FOR APPOINTMENT
t
vnlbSee back of page for additional instructions; conditions and limitations.i
PELOQUIN & MINGE, P.A.
Steven R. Peloquin
John Minge
ATTORNEYS AT LAW
Perham Office
Tel: (218) 346-6900
432 Third Avenue S.E.
Perham, MN 56573
Fax: (218) 346-9017
Reply To: ✓
New York Mills Office Park Rapids Office
Tel: (218) 732-5507
201 South Main
Park Rapids, MN 56470
Fax: (218) 732-9772
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.
r:cTYE0 ■'
|U6 11999
Renee J. Sonnenberg
Legal Secretary u:
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Enclosures
cc: Ed & Barb Legatt
9,0., A«-ncL
;
Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Faiis, MN 56537
(218) 739-2271 Ext. 240
Applicant must be present at the scheduled hearing.
To Whom It May Concern;
Edwin and Barbara Legatt
RR 1 Box 445
Perham, MN 56573
Peloquin & Minge PA
432 Third Ave SE
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; T999, at 7:30 p.m.,
■V .in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) Individuals requiring speciai 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
Section 32, Township 137, Range 39 - Township Name - Gorman
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is:
i.a variance to subdivide an existing 5-acre parcel into two tracts consisting of a 4.06-acre parcel and a .94
acre parcel.
Board of >^'ustment Secretary
Date: August 13,1999
!'■
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 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:
Peioquin & Minge 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, Perham, MN 56573
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, DNR 1221 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, RR 1 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
MarkSteuart, RR 1 Box 82, Richville, MN 56576
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 16th, 1999
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
/Vi Manderud