HomeMy WebLinkAboutDoll_53000150090001_Variances_09-04-20081044739 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__
1044739
was filed/recorded^ this office for record ori the ^ day of
^£^^^__2008 at lG (D
WendyLTwetcalLCounty Recordeh-^ ,
by:\ ^-Qgpntv
' ' recording fer
well certifica
THE ABOVE SPACE IS RESERVED FOR THE COUNTY HECOHUhH
APPLICATION FOR VARIANCB^^»H^
AUG t ^ 2008COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
$
3 mApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date ^
Pemt aajA i^A7A.i /oa
Am\ Hue ^AhfVL DAYTIME PHONE
44/Ve /\lu) 1^-Oc^ESTEfi., SS‘/^I
~PiSTER.^cu. trAc i5Z)f^'5o8’9o^o'PROPERTY OWNER
MAILING ADDRESS
LAKE NUMBER 67/ ’2-lZ^ LAKE NAME "T^C fAlAH U i£R.
e(p--rft . 'T7tja>-iizixA^SECTION (S' TOWNSHIP (SS W RANGE 59 W ‘roV
____________________LAKE CLASS Rl*
WNSHIPNAME T^oya Lav-^SIJ
E-911
ADDRESS
PARCEL
NUMBER R5~3 OOP iS'oo 90 001 ^32.as’
Buaie Spiiixcc
LEGAL DESCRIPTION
P’Aie.CcL. i-A OF <SoVSK.N)/'\OiT Lor -2. I S£CT^0^5 /S ~7oLOAiSHlP
■Ramge *u0e5T, ^OttcA-Tail (?ou/ct'| ^ >MiA)A)escrTA= ^0AJr7i;/J//V(S '^7V/}c/2cS.
cJ^ee: \rma-teh:
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Size Misc.Subdivision ClusterSewage SystemStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
I ms IS A ltejSiu.es.T F^e. A YAAiAtoce cf EVsicz-a. ti+«
OF lOO* Fc«. nte puscj£K(£vt ofi- a ta.t^iOwx/'nAu
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f'/tjcre’izry ^
HtfeH UIATTtVL L-es/CX- ssra^cic
srw-oLCTuri^ ( 2-V '5 y 5 7^ '
■ri+AT TitTSot^if m-bt
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGAJSEmNG THIS MATTER.
c /y^gitsr iz . J-OO^
I DATEiWNER / AGENISjFOR OWNERSIGNAfURa OF PROPERTY
PPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
y- /aTimeDate Of Hearing
r
Motion
Peter Doll Et. Al. - Approved the variance as requested with a condition. (9:10 p.m.)
After consideration, Randall Mann made a motion, second by Les Estes and carried with Paul Larson voting no, to approve a
variance of 25’ from the ordinary high water level setback of 75’ for the placement of a residential structure (24’ 5” by 26’ 5") 75'
from the ordinary high water mark of the unnamed creek that winds through the property with the condition, if necessary, this
action is subject to the review/approval of the Planning Commission. The practical difficulties/hardships are water on two sides
and the unique shape of the property. It was noted that the variance as approved will provide the applicants with a reasonable
use of their property. It was also noted that all other setback requirements will be met.
airman/otter Tail County BuSrd of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
September 4, 2008
Page 5
/Peter Doll Et. Al. - Approved the variance as requested with a condition. (9:10 p.m.)
Peter Doll Et. Al. part of Government Lot 2, Section 15 of Rush Lake Township by Boedigheimer Lake, requested the
following: This is a request for a variance of 30' from the ordinary high water level setback of 100’ for the placement
of a residential structure (24’ 5” by 26’ 5”) 70’ from the ordinary high water mark of the unnamed creek that winds
through the property. The audience was polled with Gordon Rosenthal speaking for the variance as requested. A
letter from Peter and Katrina Doll in support of the variance as requested was read for the record. After consideration,
Randall Mann made a motion, second by Les Estes and carried with Paul Larson voting no, to approve a variance of
25’ from the ordinary high water level setback of 75’ for the placement of a residential structure (24’ 5” by 26’ 5”) 75’
from the ordinary high water mark of the unnamed creek that winds through the property with the condition, if
necessary, this action is subject to the review/approval of the Planning Commission. The practical
difficulties/hardships are water on two sides and the unique shape of the property. It was noted that the variance as
approved will provide the applicants with a reasonable use of their property. It was also noted that all other setback
requirements will be met.
Joan Martin Stobie - Approved modified plan submitted September 4, 2008 with a condition. (9:25 p.m.)
Joan Martin Stobie, Lot 17 and North Half of Lot 18, K-B Beach and Lot 3 Block 1 Tomlinson Oaks, Little Pine Lake in
Corliss Township, requested the following: 1) Change roof line of existing 14’ by 28’ 1 - story. The north portion of
home is located 1.5’ from the lot line and 58’ from the ordinary high water level. Requesting a variance of 8.5’ from
the required lot line setback of 10’ and a variance of 17' from the required ordinary high water level setback of 75', 2)
Remove existing middle section of home and construct a 34' by 45' 2 story addition 64’ from the ordinary high water
level. A variance of 1T from the required ordinary high water level setback of 75’, and 3) Change existing 18’ by 26’
114 - story. South portion of home to a full 2-story located 7.5’ from the lot line and 64' from the ordinary high water
level. A variance of 2.5' from the required lot line setback of 10' and a variance of IT from the required ordinary high
water level setback of 75'. September 6, 2007 meeting - The audience was not polled as there was no one in
attendance at the time of this public hearing. A letter signed by Lois Bossert, Stephen Fox, Kathy Johnson and
Steven Bigler in support of the variance as requested was read for the record. During discussion concern was
expressed with the exact location of the side lot lines and the need to have additional information regarding the lot line
location before acting upon the requested variances. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to table this hearing until the October 4, 2007 meeting to
provide the applicant with an opportunity to provide additional information regarding the location of the side lot lines.
October 4, 2007 meeting - Prior to the meeting the applicant submitted a letter requesting the tabling of her
application until the June 2008 meeting of the Board of Adjustment. After consideration, Randall Mann made a
motion, second by Steve Schierer and unanimously carried, to acknowledge the applicant's letter, to grant the
applicant's request and to table this public hearing until the June 2008 meeting of the Board of Adjustment.
November 1, 2007, Decembers, 2007, January 3, 2008, April 3, 2008 and May 1, 2008 meetings - No hearing
held as the applicant requested in October 2007 to have their hearing tabled until June 2008. June 5, 2008 meeting
-The applicant was not in attendance. After consideration, Michael Harris made a motion, second by Joe Maske and
unanimously carried, to deny the variance as requested due to the failure of the applicant to appear at the June 5
meeting and due to the fact the Board has no written permission to table the applicant's application past June of 2008.
July 3, 2008 meeting - It was noted that after the June 5, 2008 meeting the secretary of the Board received a letter
from the applicant requesting that her hearing be tabled until the August 7, 2008 meeting. August 7, 2008 meeting -
Prior to the meeting the applicant contacted, by telephone, the Board secretary to request that her application be
tabled until the September 4, 2008 meeting. After consideration, Randall Mann made a motion, second by Steve
Schierer and unanimously carried, to table, based upon the applicant's verbal request to the secretary, this hearing
until the September 4, 2008 meeting. September 4, 2008 meeting - A letter from Steven J. Fox, an adjacent
property owner in support of the applicant's request was noted for the record. After consideration and discussion,
Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a 13’ by 18' second story
addition to that portion of the existing structure identified on the revised drawing dated September 4, 2008 with the
condition that the proposed development must be at least 10’ from the side lot line. It was noted that the entire
original request had been withdrawn in favor of the revised plan.
I s
RECSsVED
AUG 1 ijooa748S3G
LA,\'
PERSONAL REPRESENTATIVE'S DEED
§524.3-715
Individual Personal Representative
to Individual /
p,t>No delinquent taxes and transfer
entered; Certificate of Real
Estate Value ( )filed
)not required Certificate
of Real Estate Value No.
Office of Countv Recorder
County of Otter Tail
«Uy Mteofltnwi » Odc. I
(
SI' SIS'
4-^
:a-, 19^'^County H«!ert8r
Oopuly
y Auditor
dbBy
Deputy
■■V. t-^;livy t|\ ;t li:;! ij; *tii> ytar
io: Uie ianas describsd within are paid.
STATE DEED TAX
DUE HEREON: $39.60
, 1993Dated: August 6 .......County TrGJsmP
FOR VALUABLE CONSIDERATION, PATRICK DOLL and DARWYN MIELKEl/
Grantors, as Co-Personal Representatives of the Estate of CLARENCE
MIELKE, AKA CAL MIELKE, Decedent, single at the time of death, hereby
convey to PETER DOLL AND KATRINA DOLL, as joint tenants, an undivided
one-half interest, and to
tenants,Otter Tail County, Minnesota, described as follows:
GREGORY MADER AND ROSE MADER, as joint
an undivided one-half interest Grantees, real property in
That part of Government Lot Two (2) ,
Township One Hundred
Range Thirty-Nine (39)
Minnesota described as
PARCEL G:
Section Fifteen
Thirty-Five
West,
follows:
(15) ,
(135) North,
Otter Tail County,
Commencing at the West quarter section
corner of said Section Fifteen (15); thence South
89°42'00" East (Assumed Bearing) along the
East-West Quarter Section line of said Section
Fifteen (15) a distance of 2147.27 feet to the
easterly line of a Dedicated Road in the Plat of
MIELKE BEACH, on file and of record in the office
of the County Recorder in and for Otter Tail
County, Minnesota; thence North 01°29'00" West
along said easterly line a distance of 1181.02
feet; thence northwesterly along a tangential curve
to the left a distance of 200.00 feet, said curve
having a central angle of 15°05'48" and a radius of
759.06 feet, said point being the point of
beginning of the parcel of land to be described;
thence continuing northwesterly along said curve a
distance of 200.00 feet; thence North 57°40'57"
East not tangent to the last described curve a
distance of 657.70 feet to the East line of said
Governitient Lot Two (2); thence South 01°29'00" East
along said East line a distance of 465.00 feet to a
point distant 1449.25 feet north of the East-West
quarter Section line of said Section Fifteen (15);
thence South 81°57'07" West a distance of 491.18
feet to the point of beginning,
acres.
Containing 4.07
PARCEL H; That part of Government Lot Two (2) ,
Township One Hundred
Range Thirty-Nine (39)
Minnesota, described as
Coitiraencing at the West Quarter Section
corner of said Section Fifteen (15); thence South
89°42'00" East (Assumed Bearing) along the
East-West Quarter Section line of said Section
Fifteen (15) a distance of 2147.27 feet to the
easterly line of a Dedicated Road in the plat of
MIELKE BEACH, on file and of record in the office
of the County Recorder in and for Otter Tail
County, Minnesota; thence North 01°29'00" West
along said easterly line a distance of 1181.02
feet; thence northwesterly along a tangential curve
to the left a distance of 400.00 feet, said curve
having a central angle of 30°11'36" and a radius of
759.06 feet, said point being the point of
beginning of the parcel of land to be described;
thence continuing northwesterly along said curve a
distance of 200.00 feet; thence North 30°48'51"
East a distance of 265 feet more or less to the
shoreline
northeasterly along said shoreline a distance of
685 feet more or less to the East line of said
Government Lot Two (2); thence South 01°29'00" East
along said East line a distance of 414 feet more or
less to the intersection with a line that bears
North 57°40'57" East from the point of beginning;
thence South 57°40'57" West a distance of 657.70
feet to the point of beginning. Containing 4.74
acres more or less. Together with and subject to
an easement for ingress and egress purposes, said
easement is hereinafter described as Easement A.
Section Fifteen
Thirty-Five
West,
follows:
(15) ,
(135) North,
Otter Tail County,
Boedigheimer Lake;thenceof
Easement A; That part of Government Lot Two (2),
Section Fifteen (15), Township One Hundred
Thirty-Five (135) North, Range Thirty-Nine (39)
West, Otter Tail County, Minnesota, which lies
northerly of a Dedicated Road in the plat of MIELKE
BEACH on file and of record in the office of the
2
«■
County Recorder in and for Otter Tail County,
Minnesota, and which lies southerly of the
following described line: Commencing at the most
southerly corner of the afore described Parcel H;
thence northwesterly to
northwesterly line of said Parcel H distant 25.00
feet northeasterly from the most westerly corner of
said Parcel H; thence northwesterly to a point on
the southeasterly line of the afore described
Parcel I* distant 60.00 feet northeasterly from the
most southerly corner of said Parcel I; thence
North 70°51'59" West a distance of 191.66 feet;
thence North 84°59'13" West a distance of 155.79
feet to the southwest corner of said Parcel I. For
purposes of this description, the southeasterly
line of Parcel I has an assumed bearing of North
30°48'51" East.
point theaon
*For reference only. Parcel I is described as
follows: PARCEL I; That part of Government Lot
Two (2), Section Fifteen (15), Township One Hundred
Thirty-Five (135) North, Range Thirty-Nine (39)
West, Otter Tail County, Minnesota, described as
follows: Commencing at the West Quarter Section
corner of said Section Fifteen (15); thence South
89°42'00" East (Assumed Bearing) along the
East-West Quarter Section line of said Section
Fifteen (15) a distance of 2147.27 feet to the
easterly line of a Dedicated Road in the plat of
MIELKE BEACH, on file and of record in the office
of the County Recorder in and for Otter Tail
County, Minnesota; thence North 01°29'00" West
along said easterly line a distance of 1181.02
feet; thence northwesterly along a tangential curve
to the left a distance of 764.45 feet, said curve
having a central angle of 57°42'09" and a radius of
759.06 feet; thence North 59°11'09" West a distance
of 204.22 feet to the point of beginning; thence
continuing North 59°11'09" West a distance of 15.00
feet; thence northwesterly along a tantential curve
to the left a distance of 317.56 feet to the
easterly line of Lot One (1), Block One (1) of said
MIELKE BEACH: thence North 05°16'23" West along the
said easterly line of said Lot One (1) a distance
of 348 feet more or less to the shoreline of
Boedigheimer Lake; thence southeasterly along said
shoreline a distance of 535 feet more or less to
its intersection with a line that bears North
30°48'51" East from the point of beginning; thence
South 30°48'51" West a distance of 225 feet more or
less to the point of beginning. Containing 2.53
acres more or less. Together with and subject to
an easement for ingress and egress purposes, said
easement is hereinafter described as Easement A.
3
*No part of Parcel I is included in this sale,
description is supplied for reference only for use
to clarify and ascertain the location of Easement A
herein conveyed.*
The
together with all hereditaments and appurtenances belonging thereto.
This deed is delivered pursuant to a purchase agreement dated July 24,
1993,.
2Patrick Doll, Co-Personal
Representative of the Estate of
Clarence Mielke, aka Cal Mielke,
Deceased,
Darwyn^ielke, Co-Personal Repres^itative of the Estate of
Clarence Mielke, aka Cal Mielke,
Deceased.
County Of Otter Tail
State of Minnesota
DEED TAX____$—22-
N„ U V ILJ #0’Date.
)STATE OF MINNESOTA
) ss.
)COUNTY OF OTTER TAIL
oregoing instrument was acknowledged before me thisv2
, 1993, by Patrick Doll, as Co-Personal Representative of
dayA Theot AlihlihlSi-
the E^ate of Clarence Mielke, aka Cal Mielke, Decedent.
AlArt
lot^ry Public
JOYChl L. PErSjE '1 notary PU3LIC-MINNES0TA S
i otter tail county ?' My Commission Expires OCT. 3. 195i' j
?
J
i
)STATE OF MINNESOTA
) ss.
)COUNTY OF
A dayThe foregoing instrument was acknowledged before me this
of 1993, by Darwyn Mielke, as Co-Personal Representative of
the Estate Clarence Mielke, aka Cal Mielke, Decedent.
„ MICHELLE R. WILLS
! I NOTARt WBIIC - MINNESOTA Notajry public Y) <
4
4 1
Tax statements for the real
property described in this
instrximent should be sent to:
‘■'^^Peter and Katrina Doll
Gregory and Rose Mader
6720 20th Avenue South
Fargo, ND
\
58104
This instrument was drafted by:
PEMBERTON, SORLIE, SEFKOW, RUFER & KERSHNER
Law Office Building
Fergus Falls, Minnesota 56537
PSSR&K Substitute Form 1099-S
(Atty)
OJS:dm93207.5/24
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Pre-Application Site Inspection Request
Lake / River No|. Lake / River Name Lake/River Class Section Twp Name
SU *T^1?WSH IaVS.-Cttj- A
Parcel(s) No.Property (E-911) Address
^53000i50o900OI
Rmg- SPieuLCg- i u r
Property Owner Information:
(y^£ytLAA\Name(s):»2T M_
"bAAlJefct L\ne NJ(>0Address:
Daytime Phone:
Type of Request:
Bluff:Determination ___Verify Setback
Verify Setback
Stake Setback
%/^ DeterminationOHWL:Stake Setback
Stringtest:
Non-Conforming Repair or Replacement Structure:
/op OHCOt^ AteJU-c.^-p>i C/t-erHL ;tp^>^'fio^^Gt^QA^3C
Describe Request: to Lo^A7to^3 eiP?^9osti>s snutcjn^^^ ef^siTC
Determination
Confirm Consistency With Existing Structure
Miscellaneous:
bi4 fag vJdeaac^tTte^ggFagg-^^ 9-H"08
* . % *Heeeif^.,
A scale drawing must accompany Pre-Application Site Inspection Reques
& request must be staked onsite
FhuL /ylt30 AuiLb(Al&.
/2
Prg^erty bwner
-/)u&u<ir /^. ZOQP\
{ Date
Lanidl&BSourcelvianagS^eiTstaffO'Z5Received B^r
late
INSPECTION COMPLETED (Inspection must be done within 10 days of receipt):
Jc^OK
Date Onsite Date Property O Inspector
ti
(Inspector must provide site drawing or field notes on other side.)
mbowman Application & Forms Pre-Application Site insp Request Form10/1/07
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Peter Doll Et Al
Peter and Katrina Doll
Gregory and Rose Mader
5941 Danvers Lane NW
Rochester, MN 55901
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, 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 on
Thursday, September 4, 2008 at 8:30 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 Government Services 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 Lot 2,
Property Address - 43205 Blue Spruce Drive
Section 15, Township 135, Range 39 - Township Name - Rush Lake
Lake No. 56-212/TR, Lake Name - Boedigheimer/Tributary, Class - RD/GD
The variance requested is -
, the following: This js a request for a variance of 30’ from the ordinary high water level setback of 100’ for the
placerhent of a residential structure (24’ 5” by 26’ 5”) 70’ from the ordinary high water mark of the unnamed creek that
winds through the property.
Stein
Board of Adjustment Secretary
Date: August 14, 2008
.?■
\ fc
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 18th, day of August, 2008 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Peter Doll et al, Peter and Katrina Doll, Gregory and Rose Mader, 5941 Danvers Lane NW, Rochester,
MN 55901
Rose Stoll, Twp Clerk of Rush Lake, 38141 430*'^ Ave, Perham, MN 56573
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Terry Lejcher, DNR 1509 1^' Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Leslie Estes, PO Box 358, Battle Lake,MN 56515
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: August 18th, 2008
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
, DANIEL T & DEBRA L AMENT
43083 BLUE SPRUCE DR
; - PERHAM MN 56573 9030.
PETER DOLL ET AL
156 23RDAVEE
WEST FARGO ND 58078 7800
DOUGLAS &; VERONA BETLACH
43718 BOEDIGHEIMER DR N
PERHAM MN 56573 9047
RONALD E & JULIE A DOLL
; , -444383'COUNTY HIGHWAY 14
■;4 PERHAM MN 56573 9022.
THOMAS E & MAE lONE LOERZEL
37593 COUNTY HIGHWAY 49
PERHAM MN 56573 9033
TERRANCE E HEPOLA
PO BOX 256
PERHAM MN 56573 0256
ROLAND & CHARLOTTE PRICE
43704 BOEDIGHEIMER DR N
■ . ■ PERHAM MN 56573 9047
STATE OF MINNESOTA
ATTN TAX SPECIALIST
GORDON J & JULIE A ROSENTHAL
47702 281 STAVE,
STAPLES MN 56479 4010
;PO BOX 45
SAINT PAUL MN 55155 4045
t.
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