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HomeMy WebLinkAbout17000050068016_Variances_08-12-2021812-10r-' 1 1264816 Date Stamp LYNH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/03/2021 03:29 AM FEE: 46.00 PAGES 14 WELL CERTIFICATE REC'D: N i:-.4 T-H •^4* r-- «:c' L&R Initial iConirvnTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE m COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTCR TAII Application Fee Receipt Number Accepted^^Date Property Owner ^ ^cionn-(Lll 0 ^I S Su-nnw Name ^■eXK. (>>'r\ 3(gS^Address CiVje 1-7x ^7 3V6'City State Zip 51o79 Daytime Phone CpOG'31o- 6^^^ • CoEmail Parcel Information tllOOO i Do 2. Lake Class|r Ua »c\Lake NameLake No S(c0'\%(^0O Parcel Number(s)t7-cyy^ P'S -i)i\ I7~ooo- - OOh -hObd OS ObU,^ Ol(^Parcel Number(s) 5____ffx Gi'S V pT; (7t(,' Section Uv~t n Township Name Legal Description UfCc t^nnfcIc** »o pr.urpt 1 ''U,Ce.a..^*705 fSii^ck 1^4 ■t^C- Qiff,v^j<.^ "^^yirryX-Physical Address TYPE OF VARIANCE REQUESTED (Please Check) A-structure Setback SubdivisionSewage SystemStructure Size MiscellaneousWECSCluster Version Date: 04/07/2020 1 . f SPECIFY HOW YOUR PROJa VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: CM. SECTION OF ORDINANCE: ~ ZZZ^ P-iz-ocV \lOOO V purcji^i Sol (A/Vl f CCti^c!^ pcirLti I loooogoo ^ ^o33l ( VcUo^') . Cirrcuc k r / 7 000 ©S"oo&S To pa^ce.1 llaoon ^3 ^ J /K a ^ ^ I 1 a>e>oe) S~goG 3 ^ ^3 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 OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. iNAnmE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Tlme of Hearing) Date of Hearing Time\^^ 'LO'Z-I nn Motion Gordor& Karen McConnell-Variance Application Approved as Requested (6:32 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Thomas Lee and unanimously carried to approve the variance to Subdivide Parcel 17000991329008 & Parcel 17000050068033 see survey (blue) proposed parcel M1 & attach to my Parcel 17000050068032 (yellow). Attach remamder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M on file. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Chairman/otter Tail County Board of Adjustment /■ Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 otter Tail County Web Map http://WWW. CO. o tter- tail. mn. us PROPERTIES LL.CSURVE'.' NO. 7000 OCTOBER y. SOI-*. SCHASK <-P£ ALJS CERTIFICATE OFoEE HOWE ON nesvs>SB*E 200. 76SIONEO BY/•OtHT A Ilo0^<73 00y?0^ji PROPOSED SEE AL.S CERTIFICATE OF SIGNED BY DAVID A. eo.t*l7Pe>ooSoo(p'?Oh^ * •‘bjcmh lAtte num ^ANDERSON Q 1SC537155*W IS2.2B OF CURVE"O- tO. 2012. H0WE\0N JULY % PARCEL M % 1.76 ACRES * 0.0! ACRES 51« I /-\i-7 rufs App SGtm D OP T» L. # Th-ilRD [)urt>,'AV Cctr<^<Ktt ^tt..«JL vf» ^'O f “ItO MtrmasoF TiiAcrt 'fro-^ vv\cCc?iOI * AcLo^l\^\\X U^iox>t\ Uf!^ I kOtj orrunAmo Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR miloeiaTT-aiaaiioTt GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Seth Durbin - Gordon & Karen McConnell Address/Parcel No. 22688 Senns Beach Rd / 17000050068033, 17000991329008, 17000050068032 & 17000050068016 Requested Variance: Subdividing Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel Ml & attach to my Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M. Survey on file at Land & Resource Management. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 9 A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Wants to square off property lines for future development. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The Land Use Ordinance allows for property owners to develop and improve their property. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: Adjusting parcel boundary lines. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: Substandard lots already established. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, .what are near shore conditions of neighbors, simiiar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 5. Does the need for. the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerabiy more does not constitute a practical difficulty). X Yes, the needier the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: Proposed split of existing parcels and attaching of parcels. The Otter Tail County Board of Adjustment: APPROVES___X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. *Danne*t ^TteuwiUe,DATED: August 12, 2021 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. sa:u)3G county recorder y jitter tail county, mn A t3YVEa certificate received » • .JzikiJS------ ------------------1—^ Cour.l/ Ai;f) urrior i;! r::--!v Rr- .vd'.:( Ci'iiilIV T;;!:_ 0v>3Gl^ "•mt/y uwtji, :J!.w rmw. Si;,.. - ._A .:•X'9 'im Tilv A-; ■., I!,, ,<03G».*•O "TRal-OOO <\a^^ on^'b-ooo•r'l^coo- pOOO" ^fT~ooo'0 6- oolp8"OVL/ n-oco - *=i^" 1^3-<=l‘0o0 %u. M-oiti FORM NO. 5-M-WARRANTY DEED Individual(s) to Joint Tenants courn/rr s^: ?in.' :;rOuilU . 0 5^130 FOR VALUABLE CONSIDERATION, JACKSON H. RIEDESEL AND RUTH E. RIEDESEL, husband and wife. Grantors, STATE DEED TAX DUE HEREON; $399.30 Dated; September 1998 hereby convey and warrant to GORDON L. MCCONNELL ND KAREN M. MCCONNELL, Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows; SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions; all easements, restrictions, and reservations of record, if any. Jackson H. Riedesel r (f Cfl ^ Ruth E. Riedesel L./ STATE OF MINNESOTA ) )ss COUNTY OF otter tail) The foregoing instrument was acknowledged before me this _ day of September, 1998, by Jackson H. Riedesel and Ruth E. Riedesel, husband and wife. Grantors. 'Ml !)tary Public y commission expires: JAMES E.HAARSTAD notary PUBLIC-MINNESOTA , OTTER TAIL COUNTY My Cawntoior I m Tm THIS INSTRUMENT DRAFTED BY; Brant R. Beeson THORWALDSEN, BEESON, MALMSTROM SORUM & DONEHOWER, PLLP Attorneys at Law 1105 E. Hwy 10/P. O. Box 1599 Detroit Lakes, MN 56502-1599 (218) 847-5646 Send Tax Statements to: Gordon L. McConnell Karen M. McConnell 20415 Sunny Shores Drive Humble, TX 77346 BR.db.269JS EXHIBIT A ^ Lots 16 and 17 of Pelican Lake Park; AND; part of Government Lot 5 pfsS^. 5-137-42, described as follows: Beginning at a point which is 20 feet northwesterly of the northwest corner of Lot 17 of Pelican Lake Park, where the line between Lots 17 and 18 of Pelican Lake Park, if extended, would cross the north line of the alley adjoining said lots on the north, thence northwesterly and along smd dividing line as extended a distance of SO feet, thence in a northeasterly direction and parallel to the north line of said alley, a distance of 100 feet more or less to a point on the line dividing Lots IS and 16 of Pelican Lake Park as logically extended, thence in a southeasterly direction and along said dividing line as extended a distance of 50 feet to the north line of said alley, thence along the north line of said alley in a southwesterly direction a distance of 100 feet more or less to the point of beginning. AND; All that part of Lot 17 of Pelican Lake ParK'-^FhirdJAddition.^described as follows: Commencing at a point which is 20 feet northwesterly of the northwest comer of Lot 15 of Pelican Lake Park, where the line between said Lot 15 and Lot 16 of said Pelican Lake Park, if extended, would cross the north line of the alley adjoining said lots on the north, thence northwesterly and along said dividing line as extended a distance of 50 feet to the point of true beginning; thence northwesterly and along said dividing line as extended a distance of SO feet, thence in a southwesterly direction and parallel to the nortli line of said alley a distance of 100.52 feet more or less to the northeasterly boundary of the property deeded in Book 468 of Deeds on page 147, thence southeasterly along said northeasterly boundary a distance of 50 feet to the northwesterly boundary of the property deed in Book 420 of Deeds on page 481, thence in a northeasterly direction along said boundary line a distance of 100.52 feet more or less to the point of beginning. s" 1227083 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/27/2019 01:18 PM FEE: 46.00 PAGES 3 WELL CERTIFICATE REC'D: N Ko delin'! t taxes and transfer entered; C:..ia;e of Real Estate Value f y.) filed ( ) not required. '■'coCeai.ica:e of Real Estate Value No. 1011OS. &Diq Oder Tall cou^ Auaktor/treasurer ,-gU jS r?E*njT. CO By:.Deputy n 000 002- I7 OOO OOU)€> 032- \n OOO onqM* coo WARRANTY DEED ZILH.DEED TAX: $DATE: E-CRV No.: FOR VALUABLE CONSIDERATION, Randy Heim and Kathryn Heim, husband and wife. Grantors, hereby convey and warrant to Amy Durbin and Seth Durbin, Grantees, as joint tenants and not tenants in common, real property in the County of Otter Tail, Minnesota, legally described as follows: COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX $ ^.A (p7.I0 NUMBER ^ vS/SS/^ DATE L ft Lot Eighteen of Pelican Lake Park, Otter Tail County, Minnesota: AND Tract 1: That part of Lot Seventeen, Pelican Lake Park Third Addition, a Subdivision of a part of Government Lots Five and Six, Section Five, Township One Hundred Thirty-seven North, Range Forty-two West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at a point at the Northeast corner of Lot Eighteen of the Pelican Lake Park Addition, Otter Tail County, Minnesota, bear northerly along the northerly extension of the easterly line of said Lot Eighteen for a distance of 120 feet, then westerly 80 feet along a line parallel to the northerly line of said Lot Eighteen; thence southerly 20 feet; to the Northwest corner of the tract of land described in Book 468 of Deeds, page 147; thence southerly for a distance of 100 feet to the intersection with the northerly line of Lot Nineteen, Pelican Lake Park Addition; thence easterly along the northerly line of Lots Eighteen and Nineteen, Pelican Lake Park Addition, to the point of beginning. AND Tract 2: That part of Government Lot Five, Section Five, Township One Hundred Thirty-seven, Range Forty-two, Otter Tail County, Minnesota, and that part of Lot Seventeen, Pelican Lake Park Third Addition, according to the recorded plat thereof, all described as follows: 2368B1Page 1 of 3 Otter Tail County, Minnesota 1227083 1 of 3 Page 2 of 3 236881 r Commencing at the most northerly corner of said Lot Seventeen, Pelican Lake Park Third Addition; thence on an assumed bearing of South 75°48'09" West along the north line of said Lot Seventeen, a distance of 450.35 feet; thence South 85“27'06" West along said north line, a distance of 518.33 feet; thence South 85®37'55" West along said'north line, a distance of 152.23 feet to the most northwesterly corner of said Lot Seventeen, the point of beginning of the land to be described; thence North 62®37'30" West along the northeasterly line of a public road, as dedicated in said Pelican Lake Park Third Addition, a distance of 126.27 feet; thence North 85°05'25" East a distance of 123.66 feet; thence South 73°55'52" East a distance of 308.36 feet; thence South 80°27'55" East a distance of 239.24 feet; thence South 21°22'3T’ East a distance of 100.00 feet to the northerly line of that certain tract of land described in Quit Claim Deed Document No. 1037416, according to the recorded files thereof, at a point distant 10.00 feet southwesterly of the most northerly corner of said tract of land; thence South 74°07'34" West along said northerly line, a distance of 70.00 feet to the most westerly corner of said tract of land; thence South 15°50'33" East a distance of 100.00 feet to the northerly line of an Alley, as dedicated in Pelican Lake Park, according to the recorded plat thereof; thence South 74°07'34" West along last said northerly line, a distance of 22.00 feet to an angle point in said northerly line; thence South 68°28'19" West along last said northerly line, a distance of 8.09 feet to the northeasterly line of said Public Road, as dedicated in Pelican Lake Park Third Addition; thence North 78“09'22" West along said northeasterly line, a distance of 136.49 feet to an angle point in said northeasterly line; thence North 38°38'09" West along the northeasterly line of said Public Road, a distance of 195.49 feet to an angle point in said northeasterly line; thence North 71°08'31" West along the northeasterly line of said Public Road, a distance of 226.39 feet to an angle point in said northeasterly line; thence North 64“12'15" West along the northeasterly line of said Public Road, a distance of 45.74 feet to the point of beginning. Check here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check 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:^).M I am familiar with the 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 disclosure certificate. Otter Tail County, Minnesota 1227083 2 of 3 ^age 3 of 3 236BB1 WITNESS, the hands of the Grantors! Kathryn Heim STATE OF NORTH DAKOTA COUNTY OF CASS 2019, before me personallyappeared Randy Heim and Kathryn He^, husbaod and wife, known to me to be the persons who are described in, and who executed the within and foregoing instrument and severally acknowledged that they executed the same. On this day of KRISTI KRAFTNotary Public 'State of North Dakota ' My Comrrtisaon Expires July 4,2023 | I Notary PubTic , My Commission expires: i THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Amy Durbin and Seth Durbin (insert name and address) Wheeler McCartney, P.C. 35 4th StN, Suite 102 Fargo, ND 58102 2U^5 ri\r otter Tail County, Minnesota 1227083 3 of 3 1181225 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 10/05/2016 3:01 PM NO delinquent taxes and ttansferentered, ■" Certificate of Real Estate Value ■"S ( )f\led ( X =&rt. of Real Estate Value No FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N " Wayne stein, County Auditor/Treasurer c\-tn 000 9 9 li 000 gnSJwds.desonbed .yl^are paio- Deputy 0 2>0IV QUIT CLAIM DEED Individual to Joint Tenants County Treasurer mV, TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS. STATE DEED TAX DUE HEREON: $1.65 Date: 30^ DATE tO OU ll^ UhAFOR VALUABLE CONSIDERATION, Mark A. Paul and Cynthia L l^ul, husband and wife, Grantors, hereby convey and quit claim to Gordon L. McConnell and Karen M. McConnell, Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows: COUNTY OF OTTER TAIL STATE OF MfNNESOTA DEED Tax $ / fee; NUMBER PARCEL H That part of Government Lot 5, Section 5, Township 137, Range 42, Otter Tail County, Minnesota, and that part of Lot 17, PELICAN LAKE PARK THIRD ADDITION, according to the recorded plat thereof, all described as follows: Commencing at the most northerly corner of said Lot 17, PELICAN LAKE PARK THIRD ADDITION; thence on an assumed bearing of South 75 degrees 48 minutes 09 seconds West along the north line of said Lot 17, a distance of 450.35 feet; thence South 85 degrees 27 minutes 06 seconds West along said north line, a distance of 518.33 feet; thence South 85 degrees 37 minutes 55 seconds West along said north line, a distance of 152.23 feet to the most northwesterly corner of said Lot 17, the point of beginning of the land to be described; thence North 62 degrees 37 minutes 30 seconds West along the northeasterly line of a Public Road, as dedicated in said PELICAN LAKE PARK THIRD ADDITION, a distance of 126.27 feet; thence North 85 degrees 05 minutes 25 seconds East a distance of 123.66 feet; thence South 73 degrees 55 minutes 52 seconds East a distance of 308.36 feet; thence South 80 degrees 27 minutes 55 seconds East a distance of 239.24 feet; thence South'21 degrees 22 minutes 31 seconds East a distance of 100.00 feet to the northerly line of that certain tract of land described in Quit Claim Deed 1 otter Tail County, Minnesota 1181225 1 of 4 1181223 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 10/05/2016 3:01 PM No delinquent taxes and transfer entered, „ Certificate of Real Estate Value ( ) filed () not required, cv-l Cert, of Rea>£state Value No.--------^----\D CMo FEE; 46.00 PAGES 3 WELL CERTIFICATE RECD: N o (Year) Stein, County Auditor/Treasurer Waj io^ Wayne:oo by I hereby certify that the , taxes for the year rV? I n for the lands described witbifWire paid. Deputy 030 QUIT CLAIM DEED Individual to Joint Tenants m County Treasurer TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS. STATE DEED TAX DUE HEREON; $1.65 Date: COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED Tax S / number DATE rO ou /i. tuyj FOR VALUABLE CONSIDERATION, Randy Helm and Kathryn Heim, husband and wife, Grantors, hereby convey and quit claim to Gordon L. McConnell and Karen M. McConnell, Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows; PARCEL M That part of Government Lot 5, Section 5, Township 137, Range 42, Otter Tail County, Minnesota, and that part of Lot 17, PELICAN LAKE PARK THIRD ADDITION, according to the recorded plat thereof, all described as follows: Commencing at the most northerly corner of said Lot 17, PELICAN LAKE PARK THIRD ADDITION; thence on an assumed bearing of South 75 degrees 48 minutes 09 seconds West along the north line of said Lot 17, a distance of 450.35 feet; thence South 85 degrees 27 minutes 06 seconds West along said north line, a distance of 518.33 feet; thence South 85 degrees 37 minutes 55 seconds West along said north line, a distance of 152.23 feet to the most northwesterly corner of said Lot 17; thence North 62 degrees 37 minutes 30 seconds West along the northeasterly line of a Public Road, as dedicated in said PELICAN LAKE PARK THIRD ADDITION, a distance of 126.27 feet; thence North 85 degrees 05 minutes 25 seconds East a distance of 123.66 feet; thence South 73 degrees 55 minutes 52 seconds East a distance of 308.36 feet; thence South 80 degrees 27 minutes 55 seconds East a distance of 239.24 feet to the point of beginning of the land to be described; thence North 80 degrees 27 minutes 55 seconds West a distance of 239.24 feet; 1 otter Tail County, Minnesota 1181223 1 of 3 - • thence North 73 degrees 55 minutes 52 seconds West a distance of 308.36 feet; thence North 85 degrees 05 minutes 25 seconds East a distance of 610.45 feet to the northerly extension of the wes.terly line of Lot 15, PELICAN LAKE PARK, according to the recorded plat thereof; thence South 15 degrees 33 minutes 21 seconds East along said northerly extension, a distance' of 249.24 feet to the most westerly corner of that certain tract of land described in Warranty Deed Document No. 924778, according to the recorded files thereof; thence South 74 degrees 07 minutes 34 seconds West a distance of 100.56 feet to the most northerly corner of that certain tract of land described in Quit Claim Deed Document No. 1037416; thence South 15 degrees 39 minutes 46 seconds East along the easterly line of last said tract of land, a distance of 100.00 feet to the northerly line of an Alley, as dedicated in said PELICAN LAKE PARK; thence North 21 degrees 22 minutes 31 seconds West a distance of 100.46 feet to the northerly line of said tract of land described in Quit Claim Deed Document No. 1037416 at a point distant 10.00 feet southwesterly of said most northerly corner of the tract of land described in Quit Claim Deed Document No. 1037416; thence North 21 degrees 22 minutes 31 seconds West a distance of 100.00 feet to the point of beginning. Containing 1.77 acres more or less. together with all hereditaments and appurtenances belonging thereto. { } The seller certifies that the seller does not know of any wells on the described real property. { } A well disclosure certificate accompanies this document. { } I am familiar with the 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 disclosure certificate. 2 Otter Tail County, Minnesota 1181223 2 of 3 * f ' d ivZ^RsmdyHeim^^ iathryn Heim STATE OF rV\nftiKOA/\Ty^ V ) SS COUNTY OF 0 TTrA The foregoing instrument was acknowledged before me this 3Q day of September, 2016, by Randy Heim and Kathryn Heim, husband and wife, Grantors. DACIA J.TEBERG Notary PuWIc-MInnesota Commtoolon Eig)irM Jan 3V,202C Notary Publii Tax Statements for the real property described in this instrument should be sent to; Gordon and Karen McConnell 3 IS Sor\r>iy ,sKov€0 THIS INSTRUMENT WAS DRAFTED BY; N.F. Field Abstract Co. 127 S. Mill Street Fergus Falls, MN 56537 (not closing agent) 3 Otter Tail County, Minnesota 1181223 3 of 3 Lisa Wipperman Heine Tst - Variance Application Approved as Requested (6:20 p.m.) Lisa Wipperman Heine Madsen Survey Lots of GL 1 & 2 Called Lot 2, Walker Lake (56-310) in Amor Township requested the following: Requesting a variance of 12’ from the OHWL setback of 100’ to rebuild in the existing structure footprint, with higher roof & garage addition. Also replacing existing deck with a new deck no closer to the OHWL than existing. Requesting a variance of 6’3” from the Road Right of Way setback of 20’. To rebuild in the existing structure foorprint with a higher roof. Paul & Kelly Heine, Trustees, represented the variance application. The audience was polled with no one speaking for or against this application. Keith & Nancy Narr sent a letter in support of the variance request which was forw arded to the Board Members for their review and read for the record at the meeting. After consideration and discussion, Terry Marthaler made a motion, seconded by Thomas Lee and unanimously carried to approve the variance to re-build the existing dwelling, attached garage and deck in the same footprint as the existing dwelling being no closer to the ordinary high-water level and no closer to the road right of way than the existing structure. Land & Resource Management will need to do an onsite visit prior to the removal of the existing dwelling and deck to verify the same footprint/setbacks before issuing the permit. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land «&. Resource Management Department. Les & LeAnn Rogness - Variance Application Approved as Requested (6:25 p.m.) Les & LeAnn Rogness, NEl/4 of the SWl/4, Section 9 in Buse Township requested the following: Requesting a 10’ variance for a 36’ building addition. The south side will require 9’ and the north side requires 7.5’ due to the existing building angle to the road right of way. Ryan Rogness, agent for property owner represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Michael Donoho made a motion, seconded by Terry Marthaler and unanimously carried to approve the variance request to construct a 36’ addition to the existing building being 9’ from the road right of way on the south side and 7.5’ from the road right of way on the north side of the building. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Seth Durbin Gordon & Karen McConnell - Variance Application Approved as Requested (6:32 p.m.) Seth Durbin and Gordon & Karen McConnell Pt of GL 5 & Pt Pelican Lake Park 3^“* Addn, Lot 17 Pelican Lake Park 3"' Addn., Pelican Lake (56-786) in Dunn Township requested the following: Subdividing Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel Ml & attach to Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M. Seth Durbin property owner represented the variance application. The audience was polled with Evan Furr & Rygo Foss looking for information on what the variance was about. After consideration and discussion, Terry Marthaler made a motion, seconded by Thomas Lee and unanimously carried to approve the variance to Subdivide Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel Ml & attach to my Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M on file. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Debbie Koberinski - Variance Application Request Approved (6:42 p.m.) Debbie Koberinski, Pt Lots 9 & 10 Blk 1 Com Most Nly Cor Lot 8 Oak Haven Bch Subd, Tamarac Lake (56-931) in Scambler Township requested the following: Proposing to replace a dwelling and screen porch that was destroyed in a fire with a new dwelling as shown in the drawing no closer than old screen porch and dwelling. Previous screen porch was 42 ft. from OHWL and previous dwelling was 50 ft. from OHWL. Page I 2 Board of Adjustment August 12, 2021 STAFF REPORT Seth Durbin, Gordon & Karen McConnellAPPLICANT: Across from 22688 Senns Beach RDLOCATION: LAKE NAME/NUMBER/CLASS: Pelican, 56078600 Subdividing Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel Ml & attach to my Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M. Survey on file at Land & Resource Management. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Wabsite I ▼ 17000050068033+X q.. '-.sc Show search results lor 17000... ^^4rtr7.00QQ5Q068QQQ t ' ■-r'V sj0L- 1700005006803Jm r**•» V Ijm ' V*'^ 1^0099132^08 , ,4■vnTi ■X. ' ■■-■'sMSil'V ii^^z7ol$EKi X NS^'MI' 2 l:iL_ Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 9, Subp. 10 All subdivisions that create either five or more lots that are less than 5.0 acres, or parcels that are less than 2-1/2 acres in size, shall be processed as a plat in accordance with Minnesota Statute §505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after October 15, 1971 unless the lot was previously approved as part of a formal subdivision. Staff Comments; Based on a review of the application and a site review. Staff offers the following comments; 1. No comments LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Seth Durbin 3635 Hidden Circle West Fargo ND 58078 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Gordon & Karen McConnell 20415 Sunny Shores Dr. Humble TX 77346 Thursday, August 12, 2021 at 6:00 p.m. in the Commissioner's 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.) The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on th.e Land & Resource website seven days prior to the public hearing. Public comments regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an aiternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to land(Sco.ottertail.mn.us. Written correspondence or emails. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No. - 17000050068033, 17000991329008, 17000050068032 & 17000050068016 Pt of GL 5 & Pt Pelican Lake Park 3''* Addn, Lot 17 Pelican Lake Park S'"* Addn. Section 05, Township 137, Range 42 Township Name - Dunn Pelican Lake (56-786), General Development (GD) None - Located across from 22688 Senns Beach Rd., Detroit Lakes MN 56501 Legal Description: Lake Name/Number/Class: Property Address: OVER (®) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 li The variance requested is the following: Subdividing Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel Ml & attach to my Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M. Survey on file at Land & Resource Management. July 29, 2021 Amy Busko Board of Adjustment Secretary ;!I i 1 OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 29*'^ day of July, 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; ) Property Owner Township Clerk Lake Association Seth Durbin 3635 Hidden Circle West Fargo ND 58078 Douglas Winter, Clerk Dunn Township 50053 Fish Lake Rd Detroit Lakes MN 56501 See Below City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Big McDonald; Devils (Near Perham): Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 u Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake: Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 julie Aadland, DNR Eco & Water Resources, 1509 1=’ Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County 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 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Rod Boyer, 51127 E. Wymer Lake Rd, Frazee MN 56544 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, properly addressed to each of the individuals listed above and/or listed in the attachment. Number of Notices & Envelopes to PrintDated: July 29, 2021 Fite 1 Amy Busko, Secretary Otter Tail County Board of Adjustment Extra 3 BOA Members__5 PC Member Minutes1By. Amy Busko Envelopes 23 TOTAL NOTICES TO PRINT___33 Added to Agenda Map Print out Findings of Fact Sheet Newspapers FFDJ & PR Press______□https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-786) 08-12-21 .docx IS m-Buffer Mail Address i City, State, ZipAddress 2Name Amy & Seth Durbin 3635 Hidden Cir West Fargo ND 58078 7928 Foss Lake Property Ptnrshp 2002 Berkeley Ave Saint Paul MN 55105 1634 Janet A Foss 2505 E Country Club Dr S Fargo ND 58103 5732 Steven M Foss 2530 W Country Club Dr S Fargo ND 58103 5741 David & Erinn Hakstol 647 Vineyard Dr Grand Forks ND 58201 2904 Brent & Michelle R Hella 2212 Centennial Rose DrS Fargo ND 58104 6815 Mark S & Elizabeth Jackson 3120 25th StS#382z Fargo ND 58103 6164 Jah Lake Properties Fargo ND 58106 9798PO Box 9798 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0 Kenneth Li 11 1313 9th St N Fargo ND 58102 2618 Virginia Lindgren 345 Intreped Cut Alpharetta GA 30005 4362 Gordon L & Karen M Mcconnell 20415 Sunny Shores Dr Humble TX 77346 1777 Donald J & Kimberly A Nelson 4217 Rivershore Dr S Moorhead MN 56560 5628 Jacob A & Melissa A Noll 3155 State Highway 210 Foxhome MN 56543 9326 Samuel & Bryce L Perschau 2816 Scenic PI West Des Moines lA 50265 6436 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Buffalo MN 55313 5103 Eileen R & Steve D Scheel 3900 River Oak Cir Moorhead MN 56560 5611 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611 Mary Schlossman 1318 S 8th St Fargo ND 58103 4224 William A & Mary Schlossman 1318 S 8th St Fargo ND 58103 4224 Tuesday, July 27, 2021 Page 1 of 2 Address i City, State, ZipAddress 2Name Maple Grove MN 55311 4605Senns Beach Holdings LLC Et Al 17124 63rd PI - The Woods Fargo ND 58103 53482108 University Dr S Ste 108b Timothy & Becky Okeefe Fam Tst Grand Forks ND 58201 28242436 Augusta Dr Page 2 of 2Tuesday, July 27, 2021 ii- Buffer Parcels m Parcel No 17000050068000 Kristen Scheel & S Askerooth Name 1 Name 2 Addrl Addr 2 Citv St ZiD Detroit Lakes MN 56501 051454 225th Ave 17000050068001 Samuel &. Bryce L Perschau 2816 Scenic PI West Des Moines lA 50265 6436 17000050068004 Wiiiiam A & Mary Schlossman Fargo ND 58103 42241318 S 8th St 17000050068005 Ja net A Foss 2505 E Country Club Dr S Fargo ND 58103 5732 17000050068006 Senns Beach Holdings LLC Et Al Maple Grove MN 55311 460517124 63rd PI 17000050068007 Senns Beach Holdings LLC Et Ai 17124 63rd PI Maple Grove MN 55311 4605 17000050068008 Kenneth Lill 1313 9th St N Fargo ND 58102 2618 17000050068009 Virginia Lindgren Aipharetta GA 30005 4362345 intreped Cut 17000050068010 Donald J & Kimberly A Nelson Moorhead MN 56560 56284217 Rivershore Dr S 17000050068011 David & Erinn Hakstoi Grand Forks ND 58201 2904647 Vineyard Dr 17000050068013 Timothy & Becky Okeefe Fam Tst Grand Forks ND 5820128242436 Augusta Dr 17000050068016 Gordon L & Karen M Mcconnell Humble TX 77346 177720415 Sunny Shores Dr 17000050068018 Eileen R & Steve D Scheel Moorhead MN 56560 56113900 River Oak Cir 17000050068019 Steve D & Eileen Scheel Moorhead MN 56560 56113900 River Oak Cir 17000050068020 Jacob A & Meiissa A Noll Foxhome MN 56543 93263155 State Highway 210 17000050068030 Kenneth Liil 1313 9th St N Fargo ND 58102 2618 17000050068032 Amy & Seth Durbin West Fargo ND 58078 79283635 Hidden Cir 17000050068033 Gordon L & Karen M Mcconneil Humbie TX 77346 177720415 Sunny Shores Dr 17000060077002 The Woods 2108 University Dr S Ste 108bAttn Steve Dawson Fargo ND 58103 5348 17000990782000 Timothy & Becky Okeefe Fam Tst Grand Forks ND 58201 28242436 Augusta Dr 17000990783000 Timothy & Becky Okeefe Fam Tst Grand Forks ND 58201 28242436 Augusta Dr 17000990784000 David & Erinn Hakstoi Grand Forks ND 58201 2904647 Vineyard Dr 17000990785000 Donaid J & Kimberly A Nelson Moorhead MN 56560 56284217 Rivershore Dr S Tuesday. July 27. 2021 Page 1 of 3 Citv St ZipAddrZAddr 1 3155 State Highway 210 -Parcel No Name 1 Name 2 Foxhome MN 56543 9326• 17000990786000 Jacob A & Melissa A Noll West Des Moines lA 50265 643617000990787000 Samuel & Bryce L Perschau 2816 Scenic PI Maple Grove MN 55311 460517124 63rd PI17000990788000 Senns Beach Holdings LLC Et Al Maple Grove MN 55311 460517124 63rd PI17000990789000 Senns Beach Holdings LLC Et Al Alpharetta GA 30005 436217000990790000 Virginia Lindgren 345 Intreped Cut Fargo ND 58102 261817000990791000 Kenneth Lill 1313 9th St N Humble TX 77346 177720415 Sunny Shores Dr17000990792000 Gordon L & Karen M Mcconnell Humble TX 77346 177717000990793000 Gordon L & Karen M Mcconnell 20415 Sunny Shores Dr West Fargo ND 58078 792817000990794000 Amy & Seth Du rbi n 3635 Hidden Cir Saint Paul MN 55105 163417000990795000 Foss Lake Property Ptnrshp 2002 Berkeley Ave Saint Paul MN 55105 163417000990796000 Foss Lake Property Ptnrshp 2002 Berkeley Ave Saint Paul MN 55105 163417000990797000 Foss Lake Property Ptnrshp 2002 Berkeley Ave 2530 W Country Club Dr S Fargo ND 58103 574117000990798000 Steven M Foss Fargo ND 58104 681517000990799000 Brent & Michelle R Hella 2212 Centennial Rose Dr S Fargo ND 58106 979817000990801000 Jah Lake Properties Attn Bell State Bank & Trust PO Box 9798 Fargo ND 58103 422417000990802000 Mary Schlossman 1318 S 8th St Fargo ND 58103 422417000990804000 William A & Mary Schlossman 1318 S 8th St Fargo ND 58103 57322505 E Country Club Dr S17000990805000 Janet A Foss Moorhead MN 56560 561117000990806000 Steve D & Eileen Scheel 3900 River Oak Cir Buffalo MN 55313 510317000991315000 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Detroit Lakes MN 56501051454 225th Ave17000991317000 Kristen Scheel & S Askerooth Detroit Lakes MN 56501 051454 225th Ave17000991318000 Kristen Scheel & S Askerooth Moorhead MN 56560 561117000991319000 Steve D 8i Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 561117000991321000 Steve D & Eileen Scheel 3900 River Oak Cir Page 2 of 3Tuesdav. July 27, 2021 Parcel No Citv St Zip Fargo ND 58103 5732 Addr 2Name 1 17000991322000 Janet A Foss Name 2 Addr 1 2505 E Country Club Dr 5 17000991323000 William A & Mary Schlossman Fargo ND 58103 42241318 S 8th St 2505 E Country Club Dr 5 Fargo ND 58103 573217000991323001 Janet A Foss 17000991325000 Mary Schlossman Fargo ND 58103 42241318 S 8th St Fargo ND 58106 9798Attn Bell State Bank 8i Trust17000991326000 Jah Lake Properties PO Box 9798 17000991329001 Samuel & Bryce L Perschau West Des Moines lA 50265 64362816 Scenic PI West Fargo ND 58078 792817000991329002 Amy & Seth Durbin 3635 Hidden Cir 17000991329003 David & Erinn Hakstol Grand Forks ND 582012904647 Vineyard Dr Moorhead MN 56560 562817000991329004 Donald J & Kimberly A Nelson 17000991329005 Senns Beach Holdings LLC Et Al 4217 Riyershore Dr S Maple Grove MN 55311460517124 63rd PI 345 Intreped Cut Alpharetta GA 30005 436217000991329006 Virginia Lindgren 17000991329007 Kenneth Lill Fargo ND 58102 26181313 9th St N 17000991329008 Gordon L & Karen M Mcconnell 20415 Sunny Shores Dr Humble TX 77346 ^77 17000991329009 Kenneth Lill Fargo ND 58102 26181313 9th St N Foxhome MN 56543 93263155 State Hjghway 21017000991329900 Jacob A & Melissa A Noll 17000991777000 Mark S 8i Elizabeth Jackson 3120 25th St S#382z Fargo ND 58103 6164 17000991778000 Mark S & Elizabeth Jacksori 3120 25th St S #382z Fargo ND 58103 6164 17000991779000 To The Public 00 Moorhead MN 56560 561117000992007000 Steve D & Eileen Scheel 3900 River Oak Cir Fargo ND 58103 573217000992008000 Janet A Foss 2505 E Country Club Dr S Page 3 of 3Tuesday. 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