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Home My WebLink About17000220301007_Variances_07-12-2018Date Stamp 1209316 CAROL SCHMALTZ OTTER TAIL COUNTY recorder/registrar of titles FERGUS falls, MN recorded on 07/24/2018 09.-27 AM deceivedOOcO -.CO T) • - W 3! 2018 X '.ANID&,«?&S0URC FEE; 46.00 PAGES 5 WELL CERTIFICATE RECD; N L&R Initial 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-tail-mn.us«rrCRTflll Application Fee ^01^->nReceipt Number Accepted by Date Property Owner Name Eugene B Strand and Linnea M. Strand Address 25131 Franklin Lake Road City Pelican Rapids State Minnesota Zip 56572 Daytime Phone 320.905.2386 Email ebstrandl @gmail.com Parcel Information Fr<xKK.U^ Uct^kg,5^-75?KbLake ClassLake NameLake No Parcel Number(s)17000220301007 Parcel Number(s) Section 22Township Name Dunn Legal Description 9.35 AC PT GL7 & 8 COMS1/4 COR SEC22 N1182.32’ TO BG, N44 DEG W195.34*, SW110.3*.SW55t.34’, NW336.34.N5 DEG E826.80,NELY63.62' N78 DEG E125.70*,S78 DEG E425.6e*,S405.54‘ TO B i 2^/3/ Lr^ KJPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) □□□Structure Setback SubdivisionSewage SystemStructure Size □□□MiscellaneousClusterWECS 1 * ^ i. SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I would like to divide my 9.35 acre lot into 2 lots of 4.6t5 acres to have another dwelling for my mother built on this property. ^ ^ 1/L f'€. Suifve--/ will k l'ec<3rcU^^, I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISIOiy CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS 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. Ag< SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) -7- /^- /FDate of Hearing Time Motion Kiigenc and Linnea Strand - Variance application approved as requested with a condition. (6:33 p.m.) After discussion and consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and carried with Thomas Lee and Steve Schierer voting no, to approve the proposed subdivision as described in the variance application dated May 31,2018 and as depicted on the drawing submitted with the application with the condition that a registered surveyor's drawing must be provided at the time of conveyance/separation. Those voting in opposition noted that the property could be platted. Those voting in support of the motion noted that the Board has approved similar requests and approval would be consistent with past actions of the Board. It was also noted that the wetlands are not an issue that will significantly impact the proposed subdivision. The variance as approved does not directly or indirectly grant any oth^ variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management ulnliLL&R Official/D^Atw<jCopy of Application mailed to Applicant, County Assessor and MN DNR 2 - % 1176662 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 07/06/2016 11:02 AM No delinquent taxes and transfer entered; Certificate of Real Estate Value ( L-^filed ( ) not required. Cert, of Real Estate Value No3^<^6^7^CO CNCNCOo FEE: 96.00 PAGES 3 WELL CERTIFICATE REC’D; Y .CO X (Year) Wayne Stein, County Auditor/Treasurerico PA'by 17'€>00^?A-030[-‘00') Deputy (Top 3 Inches resented for recording data) QUIT CLAIM DEED Business Entity to Multiple Individuals eCRV number: DATE:__LEXEMPT (MNStat 287.22)DEED TAX DUE: FOR VALUABLE CONSIDERATION, FEDERAL NATIONAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE, P.O. Box 650043, Dallas, TX 75265-0043, a corporation organized and existing under the !a\Ns of the United States of America (“Grantor”) hereby conveys and quitclaims to CNfVu . real property in Otter Tail County, Minnesota, legally describedEugene Strand and Linnea Strand ("Grantee'), as follows: See attached Exhibit A. Check here if all or pari of the described real property is Registered (Torrens) Q together with all hereditaments and appurtenances belonging thereto. GrantorCheck applicable box: D The Seller certifies that the Seller does not know of any wells FEDERAL NATIOI on the described real property. E A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number:) □ 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. iRTGAGE ASSOCIATION A/K/A FANNIE MAE By: PFB Law^,Pf6f^onaK^jso^tion Its:Attorne/in F^a // // / Paul W. Fahning Its: Vice President Page 1 of 3 Otter Tail County, Minnesota 1176662 1 of 3 •VIM i •. ♦ \i I ,; Page 2 of 3 QUIT CLAIM DEED State of Minnesota, County of Ramsey 7>Qi ^This instrument was acknowledged before me on Professional Association, Attorney in Fact for Federal National Mortgage Association a/k/a Fi by Paul W. Fahning, as Vice President of PFB Law, (Stamp) moiwedwSw lotary Pub«c-Mi Comml«lonEx(<'«rTil 'gnatuTB of notarial officer) itie (and Rank);jan3i.»i9 My commission expires: (month/day/yearj TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: . Eugene Strand and Linnea Strand o6l3l KN [feioi THIS INSTRUMENT WAS DRAFTED BY: Paul W. Fahning PFB Law, Professional Association 55 E.5» St, Suite 800 St Paul, MN 55101 (651)291-8955 17485.150167 Otter Tail County, Minnesota 1176662 2 of 3 LEGAL DESCRIPTION All that part of the Governments Lots 7 and 8 of Section 22, Towmship 137, Range 42, Otter Tail, Minnesota, described as follows; Commencing at the South Quarter corner of said Section 22; thence on an assumed bearing of North 00 degrees 31 minutes 36 seconds East along the north-south quarter line of said Section 22, a distance of 1182.32 feet to the point of beginning of the land to be describ^; thence North 44 degrees 54 minutes 24 seconds West a distance of 195.34 feet; thence South 53 degrees 53 minutes 36 seconds West to a distance of 110.30 feet; thence South 10 degrees 00 minutes 36 seconds West a distance of 551.34 feet; thence North 78 degrees 40 minutes 47 seconds West a distance of 180.54 feet; thence North 05 degrees 20 minutes 15 seconds East a distance of 927.62 feet; thence South 78 degrees 37 minutes 47 seconds East a distance of 425.66 feet to said north-south quarter line; thence South 00 degrees 31 minutes 36 seconds West along said north-south quarter line, a distance of 405.54 feet to the point of beginning. AND All that part of Government Lots 7 and 8, Section 22, Township 137, Range 42, Otter Tail County, Minnesota, described as follows; Commencing at the South Quarter corner of said, Section 22; thence on an assumed bearing of North 00 degrees 31 minutes 36 seconds East along the riorth-south quarter line of said Section 22, a distance of 1182.32 feet; thence North 44 degrees 54 minutes 24 second^ West a distance of 195.34 feet; thence South 53 degrees 53 minutes 36 seconds West a distance of 110.30 feet; thence South 10 degrees 00 minutes 36 seconds West a distance of 551.34 feet; thence North 78 degrees 40 minutes 47 seconds West a distance of 325.30 feet; thence northwesterly on a tangential Curve, concave to the southwest, having a radius of 249.11 feet and a delta angle of 2 degrees 32 minutes 19 seconds, for an arc distance of 11.04 feet to the point of beginning of the land to be described; thence; southeasterly on a said curve, concave to the southwest, having a radius of 249.11 feet and a delta angle of 2 degrees 32 minutes 19 seconds, for an arc distance of 11.04 feet; thence South 78 degrees 40 minutes 47 seconds East a distance of 144.76 feet; thence North 5 degrees 20 minutes 15 seconds East a distance of 927.62 feet; thence South 78 degrees 12 minutes 49 seconds West a distance of 125.70 feet; .thence southwesterly on a tangential curve, concave to the southeast, having a radius of 50.00 f^t and a delta arigle of 72 degrees 54 minutes 19 seconds, for an arc distance of 63.62 feet; thence Soiitti 5 degrees 18 minutes 30 seconds West a distance of 826.80 feet to the point of beginning. (29960.PFD/29960/17) Otter Tail County, Minnesota 1176662 3 of 3 MlNliTKS OF THE MEETINCJ OF THE OTI ER FAIL COUN TY BOARD OF ADJUSTMENT Thursday, July 12, 2018 The Otter Tail County Board of Adjustment met Thursday, July 12, 2018, with the following persons in attendance: Douglas Larson Darren Newville Thomas Lee Steve Schierer Jessica Fosberg, Land and Resource Management Chris LeClair, Land and Resource Management - Director Kurt Mortenson, Assistant County Attorney Brent Frazier Kenneth Vorderbruggen Called to Order Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the June 14, 2018 meeting as mailed. The Board of Adjustment considered the following applications for variance: Eugene and Linnea Strand - Variance application approved as requested with a condition. (6:33 p.m.) Eugene and Linnea Strand, part of Government 7 and 8, Section 22 of Dunn Township by Franklin Lake, requested the following: I would like to divide my 9.35 acres lot into two lots of 4.65 acres to have another dwelling for my mother built on this property. Minimum metes and bounds tract size requirement is 5 acres. Survey will be done upon recording. Eugene Strand represented the application at the public hearing. The audience was polled with Beverly Greenwald and Gary Barta speaking to the variance as requested. Ms. Greenwald spoke in opposition to the variance as requested and Mr. Barta discussed the access road to the proposed site. An email from Kent and Jenny Heimark in support of the variance as requested, with conditions, was read for the record. An email from Beverly Greenwald in opposition to the variance as requested was noted for the record. After discussion and consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and canied with Thomas Lee and Steve Schierer voting no, to approve the proposed subdivision as described in the variance application dated May 31,2018 and as depicted on the drawing submitted with the application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance/separation. Those voting in opposition noted that the property could be platted. Those voting in support of the motion noted that the Board has approved similar requests and approval would be consistent with past actions of the Board. It was also noted that the wetlands are not an issue that will significantly impact the proposed subdivision. The variance as approved does not directly or indirectly grant any other variances for future development. Rob and Ferry Williams - Denied. (6:47 p.m.) Rob and feiTy Williams, part of Sub Lot 3 of Government Lots 2 and 3, Section 34 of Star Lake Township by Dead Lake, requested the following Dead Lake is an NE lake where setback is 200’. This building would be approximately 111’ setback from lake front. This lot will not allow 200’ without using wetland. Building 24’ by 40’ by 10’ metal pole frame. I would like a variance for 89’ from the ordinary high-water level to place building at 111 ’ from lake for storage. Rob Williams represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Douglas Larson and carried with Thomas Lee and Danen Newville voting no, to deny the variance as requested as no adequate hardship/practical difficult unique to the property had been shown that would allow for the granting of the variance as requested. The applicants’ site does provide a location for the propose stmeture that can meet the .setback requirement and granting the variance would establish precedence. Robert and Rachel Posch - Variance application approved as modified with a condition. (6:58 p.m.) Robert and Rachel Posch, part of Government Lots 3 and 4, Section 16 of Hobart Township by Rose Lake, requested the following: A variance of2,440 square feet over the allowed 260 square feet of impervious surface within the shore impact zone - for existing deck, patio and pathway. A variance for the setback for a 10’ by 10’ deck. Would like to maintain location approximately 5’ from shoreline. A variance for the bluff impact zone - earthmoving completed to improve existing pathways. (Approximately 70 yards). Robert and Rachel Posch represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. ■A ■ Wayne Stein Kent Heimark <kwhjrt@yahoo.com> Friday, July 6, 2018 2:38 PM Wayne Stein Strand Variance Request Letter From: Sent: J To: Subject: To whom it may concern: My name is Kent Heimark. My family and I live in Interlaken Estates North of Franklin Lake in Otter Tail County. We received a letter in the mail regarding Eugene and Linnea Strahd requesting a variance to divide their property, into two sections to build a home for his mother. The meeting is scheduled for Thursday July 12, 2018 at 6:30 PM. We will not be able to attend the meeting but wanted to share our opinions about this possibility. We are OK with the change but have two requests. 1. The new parcel; should become part of the Interlaken Estates neighborhood and follow the covenants set forth for the development. 2. We ask that the driveway come from the North off of Steeple Chase Lane and NOT Steeple Chase Drive. It is nice to come into the development and have a straight away with trees the entire way to Steeple Chase Lane. Thank you for letting us share our thoughts. Sincerely, Kent and Jenny Heimark -1 f,. ■: 1 Wayne Stein From: Sent: Beverly Greenwald <beverly.greenwald@angelo.edu> Wednesday, July 11, 2018 1:39 PM Wayne Stein 25131 Franklin Lake Road: Hearing for Variance, July .12,2018 To: Subject: Hi Wayne, I hope to be at the meeting at 6:30 on July 12 but if I'm unable to make it, I'd like to voiee my opposition to split the lot, as requested. Could you please call me at 701-261-4795? This lot has a wetland that fills the area between the house and the road Eugene hopes to access. He Hopes to build a house for his mother there. I oppose draining tHis wetland. There is a pond up the hill from this lot and the two could be connected, such that it acts like an artesian well. I own the lot to the west of the house Eugene lives in. He diverted the water from his property onto my lot by digging trenches. The prior owner of his property had-horses in this pasture. There was a large amount of horse manure left behind. When Eugene drained the wetland^ the hbrse manure (and bacteria) ran across my lot into the pond on the west side of my property. ./ ' ' ■ ■ I bought that lot because it had this pond, fdled with wildlife! Once the horse manure (and bacteria) rand into the pond, all birds and turtles, etc., left the pond.- The pbnd-has still not recovered. There is a rare turtle there - now and then. It's nothing like the wildlife activity that was there that prompted me to purchase half of that pond. It's a public disgrace and disappointing that Eugeiie elected to circumvent the natural filtering properties of mother nature and the UV rays of the sun to purifythose wastes before they were dumped .into my pond. I used buckets of mud to fill Eugene's trenches and stop,the. water from further eroding my property. Eugene came and talked to me, but he didn't offer to fix the problem he created and left me to waste my day fixing an issue he created. He had no apologies for destroying the beauty of my pond, either. The lot I purchased is not the lot that I now have. Further, he now wants to erect a house where the natural wetlands are, a variance on a requirement that has a purpose on a 10-acre lot that wouldn't have this wetland issue. I believe this house and the modifications necessary to his lot would further deteriorate the desirability of my purchase. His house is large and could accommodate one more person: There is also space for an addition to his current home. There are lots and other homes available near-by for sale. There are many other viable options than dividing this lot and further disrupting the area I chose to purchase. Thank you for calling me about this matter, Wayne. Beverly Greenwald 701-261-4795 Lot #3, Interlachen Estates on Steeplechase Drive. 1 nttp:// WWW. CO. otter- tan. mn. us i^KUyUKl rn I \KU\ HKi: yffirSvifO UA'iO r< tJt:* 1 FRANKLIN otter Tail County GIS Department, Source: Esri, Oi|pl Nnta Ifinal dnrjirriRnt Fnr RRfsrftnrift Usr Onlv r Ar.r;iirar.\/ is nnt oiiarantfifir)'fd ao6 m<a02S 0 Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must.be present at the scheduled^hearinq. To Whom It May Concern: Eugene B. and Linnea M Strand U 25131 Franklin Lake Road :""PeNcanRapids;,MN 56572 has/haye made application to-the Otter Tail County Board of Adjustrrient.for a variance as per requirements of the Otter Tail County Shdreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision .Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing,oh Thursday, July 12, 2018 at 6:30 p.m. in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly, side of the GovernmenfServices Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as , Part of Government Lots 7 and 8, Property Address - 25131 Franklin Lake Road - 56572 Section 22, Township 137, Range 42 - Township Name - Dunn Lake No. 56-759, Lake Name - Franklin, Class - RD The variance requested is the following: I would like to divide-my 9.35 acres lot into two lots of 4.65 acres to have another dwelling for my mother built on this property. Minimum metes and bounds tract size requirement-)£ 5 acres. Survey will be done upon recording. .- M^c^ne Stein Board of Adjustment Secretary June 21,2018 »- ; 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.22nd, day of June, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ■ s r- Eugene B & Linnea M Strand, 25131 Franklin Lake RD, Pelican Rapids, MN 56572-7124 Douglas Winter, Twp Clerk of Dunn, 50053 Fish Lake RD, Detroit Lakes, MN 56501 Franklin Lake Assoc., Ross Herseth, 46081 Bjrch Grove DR, Pelican Rapids, MN 56572 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake^ MN 56515 Richard West, OTC HWY Engineer, 505 S. CourtiSt. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 •.i Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Herining, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty 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 Brent E Frazier, PO Box 255, Pelican Rapids,MN 56572 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. ,A. Dated: June 22, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment \lc,By: Vi Manderud GARY L & DIANA L BARTA 25033 STEEPLE CHASE LN PELICAN RAPIDS, MN 56572-7290 LINDA M BARTHOLOMAY 3I23RDSTN SABIN, MN 56580-4107 SCOTT & LINDA BARTHOLOMAY 312 3RD STN SABIN, MN 56580-4107 i. BRUCE & DEBFADNESS 24701 STEEPLE CHASE LN PELICAN RAPIDS, MN 56572-7224 FRANKLIN SHORES ASSOCATION 4800 2ND ST SW MOORHEAD, MN 56560-6759 ;■ BRAUN TST . 24888 STEEPLE CHASE LN PELICAN RAPIDS, MN 56572-7289 KENT W & JENNIFER L HEIMARK 24787 STEEPLE CHASE LN PELICAN RAPIDS, MN' 56572-7224 ■ . ' BEVERLY J GREENWALD 2860 CALICO DR UNIT C FARGO, ND 58104-4538 INTERLAKEN ESTATES LLP 1445 1ST AVEN FARGO, ND 58103-4286 DAVID JR & JANICE LAPATKA PO BOX 36 TECUMSEH.NE 68450-36 JAMES D & JEAN A LARSON 4586 BLAYLOCK WAY INVER GROVE HEIGHTS, MN 55076-1161 VICTOR* SUSAN SLAG 1015 4TH AVES FARGO, ND 58103-1716 STATE OF MINNESOTA PO BOX 45 • .SAINT PAUL, MN 55155-4045 EUGENE B & LINNEA M STRAND 25131 FRANLIN LAKE RD. PELICAN RAPIDS, MN 56572-7124 DAVID ZWEBER ET AL 18190 JANNEVARCT LAKEVILLE, MN 55044-776 a