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Home My WebLink AboutElks Point_13000040018000_Variances_04-05-20121107154 4-5-701:2_ > ••DOC# 11071 o4 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA Certified, Filed, and/or Recorded: April 11,2012 12:15 PM Wendy L. Metcalf, Recorder Date Stamp 1107154 Fee; $46.00 Well Certificate [ ] Rec'd I705^ Returned To: 'RCE LAND & RESOURCE By: NDBhdL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: wvyw.co.ottertail.mn.us Application Fee ^ ^10 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date /ar/y^ /v9J ___DAYTIME PHONE JP/^- 736~ /r^fZya>j> /Pf/Z SC'SZ 7 ________LAKE CLASS _ i^jZA7rZ.tiS PROPERTY OWNER MAILING ADDRESS LAKE NUMBER LAKE NAME /xJ Ail ov TOWNSHIP RANGE 4246? TOWNSHIP NAMESECTION / SoOOO^/OOi yUC/O i! ^ 7Q pe / RvAclPARCEL NUMBER LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Subdivision ^ Cluster WECS Misc.Sewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. u>e ^ /. SV <^*/7 or .T/rt- f 800^^ /V S' 7^c.tldS, py^a ed/^ / b& ^o(L S^Ajy/ti- - //9m/// CZSd !T COiff b<. Afpjte^. PZj4C> AcJt-*zS £c.fA4f'jtjiy<ry. A /y/e«.-> peAMr '// be. p>u/Z£**^£> // /{^jeovfO.C-Arytp^/lcft.cy<jti Otj t I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/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. 3- AS - J^O/ SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Victor Lundeen Co , Printers • Fergus Falls, Minnesota 7S'iTimeDate Of Hearing Motion Fergus Falls Lodge 1093 - Approved the variance application as requested with a condition. (7:56 p.m.) After discussion and consideration, Rick Wilson made a motion, second by Michael Harris and unanimously carried, to approve the proposed subdivision as described in the variance application dated March 13**’, 2012 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. [^irmali/Otter I ail County 6oard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 April 5, 2012 Page # 3 David Majkrzak - Approved the variance appiication as requested. (7:32 p.m.) David Majkrzak LLC and Judith Scherweit, part of the Northeast Quarter of the Northeast Quarter, Section 10 of Dunn Township by Pelican Lake, requested the following: Proposed lot line adjustment - sell 15’ of property on east side of my lot. Permanently attach 15’ to adjoining lot owned by David Majkrzak (Parcel 17000100112001). This resolves driveway and garage setback issues on this property line. Both properties have homes; request both to remain buildable residential lots. Mike Scherweit also attended the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the application dated February 7, 2012 and March 4, 2012 and as depicted on the drawing submitted with the application. The variance as approved will correct an existing property line issue; will have no negative impacts to either property or to any other properties in the immediate area. The Church of Jesus Christ - Approved the variance application as requested with a condition. (7:36 p.m.) The Church of Jesus Christ, 4.08 acres in Sub Lots C, D, E, and H, Section 12 of Clitherall Township by Clitherall Lake, requested the following: We wish to create two parcels of land from less than five acres. Each parcel will be a minimum of 2.07 acres of land with a minimum of 302’ of lake shore. Both parcels are to be considered as single family residential lots. Although platting is preferred, we ask for a variance as the adjoining property owner is unable to part with enough of his property needed for a township standard roadway of 66’. He has provided us with a hardship letter. Survey to be recorded upon approval. The applicant was represented by Ronald Lane, Virginia Lane and Vernon Whiting. The audience was polled with Jim Eitzen, Mike Blaskowski and Steve Skjold addressing the application. Mr. Blaskowski is the potential purchaser of one of the proposed parcels. Mr. Eitzen is a neighbor in the immediate area seeking clarification regarding the future usage of the property and the location of the road access. Mr. Skjol was seeking guidance on obtaining an easement over the subject property for access to an apparently land locked parcel. Mr. Skjold was advised that this meeting was not the proper form for that type of discussion. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the variance application dated March 6, 2012 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Both of the proposed lots meet and/or exceed the minimum size required for platted lots on a recreational development lake. Kim Arlyn Elmer - Approved the variance application as requested with conditions. (7:50 p.m.) Kim Ariyn Elmer, Lots 24 and 25 Block 2 Carr’s Subdivision, Otter Tail and Walker Lakes in Amor Township, requested the following: Lots 24 and 25 are substandard by today’s regulations and have been combined. Two neighbors wish to split them again to be permanently attached to their residential lot. Not for residential use, but for storage buildings. The applicant was represented at the public hearing by Laurie Woessner, Scott and Kathleen Rowe, Jerome McAllister and Lindsey and Jared Anderson. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Randall Mann made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested with following conditions: 1) Lot 24 Block 2, Carr’s Subdivision must be permanently attached to Lot 3 Block 1 Carr’s Subdivision, Lot 25 Block 2, Carr’s Subdivision must be permanently attached to Lot 6 Adman’s Beach 3.) the area in these lots (Lots 24 and 25) cannot boused when calculating impervious surface coverage for the other properties noted in item 1 and 2 above, and 4) ^ts 24 and 25 are approved for non-residential type structures only. Fergus Falls Lodge 1093 - Approved the variance application as requested with a condition. (7:56 p.m.) Fergus Falls Lodge 1093, part of Government Lot 1, Section 4 of Dane Prairie Township by Wall Lake, requested the following; we are proposing to create a 1.54 acre parcel, being approximately 66,930 square feet and having approximately 247’ of lake frontage. The required size for metes and bounds parcel in the shoreland area is five acres. The proposed parcel will be for single family residential use and have an easement access. There will be approximately 23.46 acres remaining. A new conditional use permit for our campground will be pursued if approved. The applicant was represented by Duane Hanson, Clair Iverson and Larry Matson. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Rick Wilson made a motion, second by Michael Harris and unanimously carried, to approve the proposed subdivision as described in the variance application dated March 13‘^, 2012 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. S73546 d transfer entered; Certificate of ) filed ( OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument # was filed/recorded IrTthls'ofllce*'' for record on the day of 2000 atWendy L Metcalf, County iRecc^r .well cer^icate No delinquent taxes an Rea) Estate Value ( Certificate of Real Estate Value No.. ) not required. ’ Ofear) Wayne Stein, County Auditor Lby--Deputy WARRANTY DEED Corporation to Corporation COUNTY OF OTTOT TAN. STATE OF fllMMMOrA WEED TAX » .Itf HVMBBfWZtiEtWDATin5iV/(,a--7.<OD STATE DEED TAX DUE HEREON: $1.65 Dated: November , 2000 FOR VALUABLE CONSIDERATION, ASSOCIATION,Minnesota, Grantor, hereby conveys and warrants to FERGUS FALLS LODGE NO. 1093 OF THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS, a corporation under the laws of the State of Minnesota, Grantee, real property in Otter Tail County, Minnesota, described as follows; FERGUS PALLS LODGE HOME a corporation under the laws of the State of f 3- Coo - 04- OOl^-OtJO All that part of Lot One (1) of Section Four (4) and Lot Eight (8) of Section Nine (9), lying West of a line running parallel with and distant 551.7 feet West of the Section line running North and South between Sections Three (3) and Four (4) and Nine (9) and Ten (10) , all in Township One Hundred Thirty-two (132), Range Forty-two (42) ; together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: The lien of all unpaid special assessments and interest thereon; easements, restrictions, reservations and covenants of record. FERGUS FALLS LODGE HOME ASSOCIATION By Lar Its Chief Executive Officer STATE OP MINNESOTA ) ) 33. COUNTY OF OTTER TAIL) Cs The foregoing instrument was acknowledged before me this ^ day of November, 2000, by Larry Soliah, the Chief Executiveiicer, of Fergus Falls Lodge Home Association, a corporation under the laws of the State of Minnesota, on behalf of the corporation. <Janua;y31,20^ c '•i THE TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS.: Tax statements for the real property described in this instrument should be sent to: f BPO Elks No. 1093 207 Lincoln Avenue West Fergus Falls, MN 56537 This instrument was drafted by: PEMBERTON, SORLIE, RUFER & KERSENER, P.L.L.P. 110 N. Mill St. Fergus Falls, Minnesota P. 0. Box 866 56538-0866 PSR&K Substitute form 1099-S Not Needed RWB:njd 97-1858 2 ■ii /■ Proposed Land Description That part of Government Lot 8, Section 9, Township 132 North, Range 42 West of the Fifth Principal Meridian, Otter Tail County Minnesota, described as follows: Commencing at a found iron monument at the southeast corner of said Government Lot 8; thence North 00 degrees 00 minutes 00 seconds East on an assumed bearing along the east line of said Government Lot 8 a distance of 2644.54 feet to a found iron monument with cap LS 3548 at the northeast corner of said Government Lot 8; thence South 90 degrees 00 minutes 00 seconds West along the north line of said Government Lot 8 a distance of 556.84 feet to an iron monument at the intersection with an occupation line evidenced by a fence line and iron pipe survey monuments; thence South 01 degrees 27 minutes 24 seconds West along said occupation line 39.52 feet to the point of beginning; thence North 88 degrees 32 minutes 36 seconds West 225.71feet; thence North 01 degrees 27 minutes 24 seconds East for 250 feet, more or less, to the shoreline of Wall Lake; thence northeasterly along the shoreline of Wall Lake 247 feet, more or less, to the intersection with a line bearing North 01 degrees 27 minutes 24 seconds East from the point of beginning; thence South 01 degrees 27 minutes 24 seconds West 353 feet, more or less, to the point of beginning. Containing 1.54 acres, more or less. Together with an easement for ingress and egress purposes over that part of said Government Lot 8 lying within 66 feet southerly of the following described line: Beginning at the point of beginning of the above described tract; thence North 88 degrees 32 minutes 36 seconds West along the southerly line of said tract 125.00 feet and said line there terminating. m I Parts of Government Lot 8, Section 9 and Government Lot 1, Section 4 Township 132 North, Range 42 West, Otter Tail County, Minnesota !7^ : SET BACKV I/V I I WALL LAKE PROPOSEDTRACT IGENERAL DEVELOPMENT /OHW EL. = 1243.2 (DATUM MSL 1912) = 1243.0 ' + ife lO iP’5/11/2011 EL. /66930 SF-GOVT LOT 1y'39971 SF (B)I I SECTION 4I r1//!i NORTH LINE GOVT. LOT 8/ !cm --------------...{225.71 GOVT LOT 8'’m cnPROPOSED EASEMEhny;-. 125,00 S |,S SECTION 9 ii/ IFGFND --------------------------PROPOSED LOT LINE -------------------------PROPOSED RIGHT OF WAY ------------------------UTILITY EASEMENT -------------------------SETBACK LINE 39971 SF (B) BUILDABLE AREA 2500 S.F. SEWAGE TREATMENT I I hereby certify that this survey, pian, or report was prepared by me or under my direct supervision and that I am a duiy Licensed Land Surveyor under the iaws of the State of Minnesota. 0 100V\SCALE - FT Michaei t. Fietchaii Date ' 44866 License No. rSurveyed & Platted by:SURVEY FOR:F1212002 Pro). No.: Date: MARCH 2012INTERSTATEENGINEERING DUANE HANSONDrawn By: JW MLF Checked By:n m rmd. mopM jm BUM 1fl, F«^ Fflfclhbi SesSMjie f2T6l 7%&«54SP.O. Boi3 3/14/2012 Q:\2011\11.126\F1112007\F121200.dgn 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: Fergus Falls Lodge 1093 120 E Lincoln Ave Fergus Falls, MN 56537 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, April 5, 2012 at 7:30 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 speciai accommodations shouid 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 1, Property Address - 20970 Elks Point Road ■V Section 4, Township 132, Range 42 - Township Name - Dane Prairie Lake No. 56-658, Lake Name - Waii, Class - GD :• The variance requested is - the following: We are proposing to create a 1.54 acre parcel, being approximately 66,930 square feet and having : approximately 247’ of lake frontage. The required side for metes and bounds parcel In the shoreland area is five acres. The proposed parcel will be for single family residential use and have an easement access. There will be approximately , 23.46 acres remaining. A new conditional use permit for our campground will be pursued if approved. Stein Board of Adjustment Secretary <■ Date: March 15,2012 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 19th, day of March, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Fergus Falls Lodge No 1093,120 Lincoln Ave E, Fergus Falls, MN 56537 Bonnie J. Mark, Twp Clerk of Dane Prairie, 18259 275"’ Ave, Fergus Falls, MN 56537 Wall Lake Assoc., % Ben Nelson, 21453 Hillside Beach Rd, Fergus Falls, MN 56537 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 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 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: March 19th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud GREG D BURAU 21044 ELKS POINT RD FERGUS FALLS MN 56537 8281 MARY E BAUMGARDNER 3035 280TH ST FOXHOMEMN 56543 9313 MELANIE A ANDERSON 413 DAKOTA AVE NW PO BOX 36 PENNOCKMN 56279 0036 FERGUS FALLS LODGE NO 1093 120 LINCOLN AVE E FERGUS FALLS MN 56537 2295 CONNIE JO EVENSON 21029 ELKS POINT RD FERGUS FALLS MN 56537 8281 LORI J BURAU 21044 ELKS POINT RD FERGUS FALLS MN 56537 8281 LARRY LEROY MORRIS 3035 280TH ST FOXHOMEMN 56543 9313 DARRELL C IVERSON 21063 ELKS POINT RD FERGUS FALLS MN 56537 8281 DENNIS E JR & KARLA M HARWORTH 20997 ELKS POINT RD FERGUS FALLS MN 56537 8281 STEVEN D & CINDY L SKAUGE 21037 ELKS POINT RD FERGUS FALLS MN 56537 8281 NORMAN E SKARSTAD TST 21015 ELKS POINT RD FERGUS FALLS MN 56537 8281 DANA E & DEBRA A SCHILLER 236 ANN DR EAGLE LAKE MN 56024 9627