HomeMy WebLinkAbout17000050068032_Variances_08-12-20211264816
Date Stamp LYHN R LARSOH
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
X
L&R Initial iCaniu
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.----------
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tall.mn.usOTTCR TflU
^6>0d-DT>Application Fee
Receipt Number
DateAccepted by
Property Owner
Name
Address
TV- '7’7?>^0______
0^! SCircle nn
City
State /JO
Zip
Daytime
Phone
&Email 7 . Co'^
i 4 -*
Parcel Information
Lake ClassI'' w \r\Lake NameLake No SieCl^UOO
t 7- OOP obL ^Parcel Number(s)
l70bO OS Dd&^ 0l(^Parcel Number(s)L---
JXi-rtO SectionTownship Name
Legal Description inhU //m/t Z
U!U pr. UT 17f
I Cui VT
■ t^C- (Vr ^vTrrv\^Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
A-Structure
Setback SubdivisionSewage SystemStructure Size
MiscellaneousWECSCluster
Version Date 04/07/2020
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: ^ (rT org?/Ac,ti OL
SEaiON OF ORDINANCE: zt' ^ ~ _______________
M^OOO ^ V pnrcj!.\ [1 ocoo 5~c>c6> 2 ^ ^ 3V>(K .'c) . ( CJC^ V
Sol 6^AO-cy - pr:>fo^^A lM.1 t- CCti^ch pa
\loooo^00<p>^o3P~ C/vU. a^Tccck rt'^a.'rxl^r e>(^ noooos-oo&3 oij
11000^^1^3 2^90^ ^ /%a^/yi
ru. (
To Puru,]
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.
-Ifz^/z I
'nature OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
Date of Hearing Time'Z.O'Z-i On
Motion
Seth Durbin . , xGordon & 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
(blue) proposed parcel Ml & attach to my Parcel 17000050068032 (yellow). Attach remainder
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.
, see survey
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
AiW|E’i/o(t»Copy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TflllootaTT-aisaiiOTa
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.
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
nearshore conditions of neighbors, similar 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:
4.
There are similar land use patterns and use of property in the vicinity of the request.
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 considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
5.
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.
*Dcuvteti 'JtemAiiUDATED: 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.
8a:u)aG OfRttOFCOUNTY RECORDER
^dtter tajl county, MNl^wBLL CERTIFICATE RECEIVED
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J^.L.FORM NO. 5-M-WARRANTY DEED
Individual(s) to Joint Tenants
COUr; vrr?IV.'STATE DEED TAX DUE HEREON: $399.30 . r 'o:;3^. imSiO
!'; ..SU30
Dated: September 1998
FOR VALUABLE CONSIDERATION, JACKSON H. RIEDESEL AND RUTH E.
RIEDESELy husband and wife, Grantors,
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.
j /vXrf^'
^ , J, ^—,n. —/v ^ X ,■( .aV
Jackson H. Riedesel
Ruth E. Riedesel
Jt/s .<1^ a
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.
'O.Q/V
otary Public
y commission expires:notSblmnnesota
OTTER TAIL COUNTY
IJ» Cdiwitosior E»piw8 liAR. 31.2C00_ml f
THIS INSTRUMENT DRAFTED BY:
Brant R. Beeson
THORWALDSEN, BEESON, MALMSTROM
SORUM & DONEHOWER, PLLP
Attorneys at Law
1105 E. Hwy 10/P. O. Box 1599
DeUoit 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.2693S
EXHIBIT A
Lots 16 and 17 of Pelican Lake Park;
AND;
^That part of Government Lot 5 pft^. 5-137-42, described as follows; Beginning at a point which is 20 feet
northwesterly of the northwest cbmef 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 said dividing line as extended a distance of 50 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 15 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 Pelicrm Lake -ParK'^rhird ’Addition.vdescribed 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 (he
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 50 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.
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'!' :er.i taxes and transfer entered;
Cvv/t A. a:e of Real Estate Value
f y.) filed ( ) not required.
'"'coCennicace of Real Estate Value No. 1011 3R4-
ii~i E9
SiecO_____otter reii Courity Auditor/Tpeasurer
, dDig
X
CO A .DeputyBy:
17 000 l32‘=^ 002-
I7 OOO OCloft 0‘32_
\7 OOO onq«-f. coo
WARRANTY DEED
tiiJl.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 TAR.
STATE OF MINNESOTA DEED TAX $ ^.A(p7. to
NUMBER ^ x5'/55/S
DATECfi
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:
236881Page 1 of 3
Otter Tail County, Minnesota 1227083 1 of 3
, ^-
Page 2 of 3 2368B1
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°22'31"
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;).
Is 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 236B81
WITNESS, the hands of the Grantors.
Kathryn Heim
STATE OF NORTH DAKOTA
COUNTY OF CASS
^^>0 ______, 2019, before me personally
appeared Randy Heim and Kathryn Helm, husband 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 KRAR Notary Public State o( North Dakota My Corr^mission Expires July 4,2023
<
(Notary Public
My Commission expires:I ■
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
Wheeler McCartney, P.C.
35 4th St N, Suite 102
Fargo, ND 58102
TAX STATEMENTS FOR THE REAL
PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
Amy Durbin and Seth Durbin
vKcLWto i\)T
iY.t'vy
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 transfe entered,
Certilicate of Real Estate Value
, ( )filed ( r )notrequired.
S&rt. of Real Estate Value
lTJct
tn
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D: N
X
“ Wayne Stein. County Auditor/Treasurer
~ Treasurer
TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS.
STATE DEED TAX DUE HEREON; $1.65
QUIT CLAIM DEED
Individual to Joint Tenants
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED Tax $
NUMBER
DATE /p OW-HfPaul and Cynthia L. Paul,
Date;
FOR VALUABLE CONSIDERATION, Mark A.
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 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.
Cert, of Rea^^state Value No..--------^
;co
ILOCT)
m[CSJ^
log
, .
FEE: 46.00
PAGES 3
WELL CERTIFICATE REC'D: N----------------------------- (Year)
Stein, County Auditor/Treasurer
WiVWayne'CO
I hereby certify that ^e ,
taxes for the year in -
for the lands described
witbifirare paid.
Deputy
030
QUIT CLAIM DEED
Individual to Joint Tenants
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 $ r
number 3- v</f»5-^o
date ro ou-ii..
FOR VALUABLE CONSIDERATION, Randy Heim 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;
I
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 westerly 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.
{ } lam 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
.* 1 '
y^09^r/Jpy^
Randy Heifff=^ /
KathrynHeim
STATE OF fVVur\iivJU>oTYV )
COUNTY OF
) SS
The foregoing instrument was acknowledged before me this 3Q day
of September, 2016, by Randy Heim and Kathryn Heim, husband and wife.
Grantors.
S^ACIAJ.TEBERG
Notary Public-Minnesota
Notary Public
Tax Statements for the real property
described in this instrument should be
sent to:
Gordon and Karen McConnell
3 OH I.S SoAniy .sKov«o xv
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 forwarded 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, w'hich 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 BIk 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.
Board of Adjustment
August 12, 2021
Page I 2
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 Website
+" ▼17000050068033
-------------------------------f Shov/sed’ch results for 17000
pSp
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 foilowing 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:
Gordon & Karen McConnell
20415 Sunny Shores Dr.
Humble TX 77346
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
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 the 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 alternative, 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@co.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 3''^
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
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.
Amy Busko
Board of Adjustment Secretary
July 29, 2021
otter Tail County Web Map http://WWW. CO. o tier-tail. mn. us
PROPERTIES I.L.CsuR'’>’E',' NO. yoaa ocrcaER r. sot-*.
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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:
)
Township Clerk Lake AssociationProperty Owner
Douglas Winter, Clerk
Dunn Township
50053 Fish Lake Rd
Detroit Lakes MN 56501
See BelowSeth Durbin
3635 Hidden Circle
West Fargo ND 58078
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:
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
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
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
3ulie 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
File 1
Amy Busko, Secretary
Otter Tail County Board of Adjustment Extra 3
BOA Members__
PC Member_____
Envelopes____^
TOTAL NOTICES TO PRINT 33
Added to Agenda
5
Minutes1By:
Amy Busko
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
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 Dr S Fargo ND 58104 6815
Mark S & Elizabeth Jackson 3120 25th StS#382z Fargo ND 58103 6164
Jah Lake Properties PO Box 9798 Fargo ND 58106 9798
Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0
Kenneth Lill 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
Name Address i City, State, ZipAddress 2
Senns Beach Holdings LLC Et Al 17124 63rd PI Maple Grove MN 55311 4605
The Woods 2108 University Dr S Ste 108b Fargo ND 58103 5348
Timothy & Becky Okeefe Fam Tst 2436 Augusta Dr Grand Forks ND 58201 2824
Tuesday, July 27, 2021 Page 2 of 2
Buffer Parcels , ■ ■
Parcel No Addr 1 Addr 2 City St ZipName 1 Name 2
Detroit Lakes MN 56501 017000050068000 Kristen Scheel & S Askerooth 51454 225th Ave
17000050068001 Samuel & Bryce L Perschau West Des Moines lA 50265 64362816 Scenic PI
17000050068004 Wiiiiam A & Mary Schlossman 1318 S 8th St Fargo ND 58103 4224
17000050068005 Janet 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 Al 17124 63rd PI Maple Grove MN 55311 4605
17000050068008 Kenneth UN 1313 9th 5t N Fargo ND 58102 2618
17000050068009 Virginia Lindgren Alpharetta GA 30005 4362345 Intreped Cut
17000050068010 Donald J & Kimberly A Nelson Moorhead MN 56560 56284217 Rivershore DrS
17000050068011 David & Erinn Hakstol Grand Forks ND 58201 2904647 Vineyard Dr
17000050068013 Timothy & Becky Okeefe Fam Tst Grand Forks ND 58201 28242436 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 & Melissa A Noll Foxhome MN 56543 93263155 State Highway 210
17000050068030 Kenneth UN 1313 9th St N Fargo ND 58102 2618
17000050068032 Amy & Seth Durbin 3635 Hidden Cir West Fargo ND 58078 7928
17000050068033 Gordon L & Karen M Mcconnell Humble TX 77346 177720415 Sunny Shores Dr
17000060077002 The Woods Attn Steve Dawson 2108 University Dr S Ste 108b Fargo ND 58103 5348
17000990782000 Timothy 8t 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 Hakstol Grand Forks ND 58201 2904647 Vineyard Dr
17000990785000 Donald J & Kimberly A Nelson 4217 Rivershore DrS Moorhead MN 56560 5628
Tuesday. July 27, 2021 PaEe 1 of 3
Parcel No Addr 2Name 1 Addr 1 Citv St ZiDName 2
" 17000990786000 Jacob A & Melissa A Noll Foxhome MN 56543 93263155 5tate Highway 210
17000990787000 5amuel & Bryce L Perschau 2816 Scenic PI West Des Moines lA 50265 6436
17000990788000 Senns Beach Holdings LLC Et Al Maple Grove MN 55311 460517124 63rd PI
17000990789000 Senns Beach Holdings LLC Et Al Maple Grove MN 55311 460517124 63rd PI
17000990790000 Virginia Lindgren Alpharetta GA 30005 4362345 Intreped Cut
17000990791000 Kenneth Llll Fargo ND 58102 26181313 9th St N
17000990792000 Gordon L & Karen M Mcconnell Humble TX 77346 177720415 Sunny Shores Dr
17000990793000 Gordon L & Karen M Mcconnell Humble TX 77346 177720415 Sunny Shores Dr
17000990794000 Amy & Seth Durbin 3635 Hidden Or West Fargo ND 58078 7928
17000990795000 Foss Lake Property Ptnrshp Saint Paul MN 55105 16342002 Berkeley Ave
17000990796000 Foss Lake Property Ptnrshp 2002 Berkeley Ave Saint Paul MN 55105 1634
17000990797000 Foss Lake Property Ptnrshp Saint Paul MN 55105 16342002 Berkeley Ave
17000990798000 Steven M Foss 2530 W Country Club Dr S Fargo ND 58103 5741
17000990799000 Brent & Michelle R Hella 2212 Centennial Rose Dr S Fargo ND 58104 6815
Jah Lake Properties17000990801000 Attn Bell State Bank 8t Trust Fargo ND 58106 9798PO Box 9798
17000990802000 Mary Schlossman 1318 S 8th St Fargo ND 58103 4224
17000990804000 William A & Mary Schlossman 1318 S 8th St Fargo ND 58103 4224
17000990805000 Janet A Foss 2505 E Country Club Dr S Fargo ND 58103 5732
Steve D & Eileen Scheel17000990806000 3900 River Oak CIr Moorhead MN 56560 5611
17000991315000 Robert & Carole Pepin Tst Buffalo MN 55313 51033241 Hamlin Ave SE
17000991317000 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0
Kristen Scheel & S Askerooth17000991318000 51454 225th Ave Detroit Lakes MN 56501 0
17000991319000 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611
17000991321000 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611
Tuesday. July 27. 2021 Page 2 of 3
Addr2 Citv St Zip
Fargo ND 58103 5732
Parcel No Addr 1
2505 E Country Club Dr S
Name 1 Name 2
17000991322000 Janet A Foss
Fargo ND 58103 422417000991323000 William A & Mary Schlossman 1318 S 8th St
Fargo ND 58103 57322505 E Country Club Dr S17000991323001 Janet A Foss
Fargo ND 58103 422417000991325000 Mary Schlossman 1318 S 8th St
Fargo ND 58106 979817000991326000 Jah Lake Properties Attn Bell State Bank & Trust PO Box 9798
West Des Moines lA 50265 643617000991329001 Samuel & Bryce L Perschau 2816 Scenic PI
West Fargo ND 58078 792817000991329002 Amy & Seth Durbin 3635 Hidden Cir
Grand Forks ND 58201 290417000991329003 David & Erinn Hakstol 647 Vineyard Dr
Moorhead MN 56560 562817000991329004 Donald J & Kimberly A Nelson 4217 Rivershore DrS
Maple Grove MN 55311 460517124 63rd PI17000991329005 Senns Beach Holdings LLC Et Al
Alpharetta GA 30005 436217000991329006 Virginia Lindgren 345 Intreped Cut
1313 9th St N Fargo ND 58102 261817000991329007 Kenneth Lill
Humble TX 77346 177720415 Sunny Shores Dr17000991329008 Gordon L & Karen M Mcconnell
1313 9th St N Fargo ND 58102 261817000991329009 Kenneth Lill
Foxhome MN 56543 932617000991329900 Jacob A & Melissa A Noll 3155 State Highway 210
Fargo ND 58103 616417000991777000 Mark S & Elizabeth Jackson 3120 25thStS#382z
3120 25th St S #382z Fargo ND 58103 616417000991778000 Mark S & Elizabeth Jackson
0017000991779000 To The Public
Moorhead MN 56560 56113900 River Oak Cir17000992007000 Steve D & Eileen Scheel
Fargo ND 58103 57322505 E Country Club Dr S17000992008000 Ja net A Foss
Page 3 of 3Tuesday. July 27. 2021