HomeMy WebLinkAbout03000020008000_Variances_06-21-20221280631Date Received
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, NNrecorded on
08/04/2022 11;23 ANife. -jJ.&R Initial
The ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 14
WELL CERTIFICATE REC'D; N
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 5653
(218) 998-8095 i
Otter Tail County’s Website: www.ottertailcountvmn.us
Application Fee
Receipt Number
'-ZI-ZZOf^or-les F AoJe/San
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Reviewed/Accepted By / Date
___DAYTIME PHONE
1. Fer^^s FoU^. H)J 3(537
- 1900PROPERTY OWNER
MAILING ADDRESS i
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PFFisk (<^ke6BH LAKE CLASSLAKE NAMELAKE NUMBER,
SECTION / f a^,L!n3>RANGE H-2- TOWNSHIP NAMETOWNSHIP
030^0^^03 Ojoooo I oooIboS^ £.911
NUMBER 03oc.Cn /cpoO/Oq.8^ OJQOOOg^CYOOgacMPPRESS
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT: /</97
PARCEL 2n H !^ (^o-'Py
c, Huc^^e'i'fsLEGAL DESCRIPTION
6( fisl/1 UW •‘'TTuif pati o( g?
INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S).
OTTER TAIL COUNTY ORDINANCE (Please Check)
0^horeland Management Ordinance
□ Sanitation Code
□ Renewable Energy Ordinance
□ Other_____________________
□ Subdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S):
/
}^Attached Subsurface Sewage Treatment System Compliance Inspection
□ No septic system on property
A4\/^-2 0Inspection Date:
. .Page 2Cyyo/leS r
Property Owner A^'iya .l A .
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.^/ c/;AJjr^cxcJl/ic 1^ ^ Ho r/I
Tke UoLiA-Vo Mo' -Vo loaW.
VARIANCE REQUEST:
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY 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.
< DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Date Of Board of Adjustment Hearing . jultj
Charles F. Anderson & Abigail A. Smith - Variance Application Approved as Requested (6:56 p.m.)
After consideration and discussion, David Wass made a motion, seconded by Rick West with Thomas Lee
votmg no to approve the variance to construct a 10’ x 40’ lean-to roof to an existing building (30’ x 40’) beine
approximately 40 to ordmary high-water level. This decision is based on the Findings of Fact and Decision
Fom which contams the criteria reviewed and the Board’s findings have been attached to and incorporated as
official part of the minutes which have been placed on file with the Land & Resource Management
to v“e ““ “f
Is 'DO pjn-Time
Motion
an
airman/otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 082021
Gary & Jill Grindle - Continued
July 14, 2022
Gary & Jill Grindle, property owners, represented the variance application.
The audience was polled with no one speaking for or against the variance as requested
After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance
request as modified to allow the replacement dwelling to be 22 feet from the ordinary high-water level, no larger than 1200 sq. ft. and
no further south than the existing dwelling. Also approve a variance to construct a wood shop being 95 feet from the ordinary high-
water level This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s
findings 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. The variance granted shall expire five (5) years from the date of approval. The expiration date of
this variance approval is July 14, 2027.
Josephine & Hector Reese -Variance Application as Requested with Condition (6:48 p.m.)
Josephine & Hector Reese, Lot 17 Blk 3 of Miller Beach, Round Lake (56-214) in Rush Lake Tow nship requested the following: The
single level addition to the existing house will have a setback the same as the existing house, which is 73 feet. The current ordinance
specifies a 75-foot setback.
Josephine & Hector Reese, property owners, represented the variance application.
The audience w as polled with no one speaking for or against the variance as requested
After consideration and discussion, Mark Johnson made a motion, seconded by Terry Marthaler and carried to approve the variance to
construct an addition to the existing dwelling being 73 feet from the ordinary high-water level with the condition that the proposed
addition is 10 feet from the lotline. This decision is based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s findings 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. The variance granted shall expire five (5) years from the date of approval.
The expiration date of this variance approval is July 14, 2027.
Michael Shea -Variance Application Approved as Requested (6:48 p.m.)
Michael Shea, PT GL 3 Bg 509.4' N & 2858.6’ of SW Cor GL 3..., Sybil Lake (56-387) in Hobart Township requested the following:
Proposing to construct an addition to dwelling (attached garage) being 42’ from the OHWL. Required setback is 100’. Currently the
shore impact zone impervious surface coverage is 36.79%. We w ill be reducing the shore impact zone impervious surface coverage to
28.3% w ith the reduction of the drivew ay in the shore impact zone. The shore impact zone impervious surface coverage allowed is not
to exceed 15%.
Michael & Stephanie Shea property owners, and Gary Schander, Contractor, represented the variance application.
The audience w as polled w ith no one speaking for or against the variance as requested.
After consideration and discussion, Rick West made a motion, seconded by Darren New ville and carried to approve the variance
request to construct an addition to the dwelling (attached garage) being 42 feet from the ordinary high-water level and allow the shore
impact zone coverage to not exceed 28.3% (currently it is 36.79%). The property owner will reduce the shore impact zone impervious
surface coverage by reducing the square footage of the drivew ay in the shore impact zone. This decision is based on the Findings of
Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an
official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance granted
shall expire five (5) y ears from the date of approval. The expiration date of this variance approval is July 14, 2027.
Charles F. Anderson & Abigail A. Smith - Variance .Application Approved as Requested (6:56 p.m.)
Charles F. Anderson & Abigail A. Smith. Lot 19 of Fish Lake Beach & That Part of Sublot B, Fish Lake (56-684) in Aurdal Township
requested the follow ing: Adding 10' x 40" lean-to roof to an existing building w hich is currently 30" x 40’. The lean-to w ill be
approximately 40’ to the water.
Charles F. Anderson, property owner, represented the variance application.
The audience w as polled w ith no one speaking for or against the variance as requested
Board of Adjustment
July 14, 2022
Page I 2
' Charles F. Anderson & Abigail A. Smith - Continued
After consideration and discussion, David Wass made a motion, seconded by Rick West with Thomas Lee voting no to approve the
variance to construct a 10’ x 40’ lean-to roof to an existing building (30’ x 40’) being approximately 40’ to ordinary high-water level.
This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings 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. The variance granted shall expire five (5) years from the date of approval. The expiration date of this
variance approval is July 14, 2027.
Tobbie & Shelly Krueger - Variance Application Approved with Condition (7:05 p.m.)
Tobbie & Shelly Krueger, Tr Called Lot 2 of Inwood Addn., Fish Lake (56-768) in Dunn Township requested the following:
Requesting a 10 foot variance from the current 20 setback from the road right of way to build a detached garage 10 feet from the road
right of way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350
square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface.
Tobbie & Shelly Krueger, property owners, represented the variance application.
The audience was polled with no one speaking for or against the variance as requested. Russell Larson submitted an email in support
of the variance request. Jeff & Rhonda Harmon submitted an email in support of the variance as requested.
After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to
construct a detached garage being 10’ from the road right of way and reducing the impervious surface coverage to 28.48% with the
condition that the structure will meet the 10’ lot line setback. This decision is based on the Findings of Fact and Decision Form, which
contains the criteria reviewed and the Board’s findings 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. The variance granted shall expire five (5) years from
the date of approval. The expiration date of this variance approval is July 14, 2027.
Roxanne & Craig Irey-Variance Application Approved as Requested (7:12 p.m.)
Roxanne & Craig Irey, A Tract of Land 75 feet in Width Being Part of GLs 2 & 3, Lida Lake (56-747) in Lida Township requested the
following: We would like to build a detached garage 2 feet from road right of way and 55 feet from the traveled surface. The standard
is 20 feet from the right of way.
Craig Irey, property' owner, represented the variance application.
The audience was polled with no one speaking for or against the variance as requested. Lida Township submitted an email in support
of the variance request indicating they have no objection to the Variance.
After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance
request to construct a detached garage being 2 feet from the road right of way and 55 feet from the traveled surface. This decision is
based on the Findings of Fact and Decision Form, which contains the criteria review ed and the Board’s findings have been attached to
and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management
Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is
July 14,2027.
David D. Sweere - Variance Application Approved as Requested (7:24 p.m.)
David D. Sweere. Lot 8 Blk I of Rainbow Point Estates, Marion Lake (56-243) in Rush Lake Township requested the follow ing:
Requesting to be 40" from the ordinary high water level with a new, type 1 mound soil treatment area. Required setback is 50’.
David D. Sweere. property owner, represented the variance application.
The audience was polled w ith James Lemke speaking, had a couple concerns, questioning did he "over build" on the site and is there a
2"‘‘ site for a system that is required to have. It was determined that this variance request is not the property that Mr. Lemke was
referring to.
After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to
install a type I septic system (mound system) being 40 feet from the ordinary high-water level. This decision is based on the Findings
of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings 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. The variance granted
shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027.
Board of Adjustment
July 14,2022
Page I 3
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR TflllaosiTT-aiitiioTt
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: Charles F. Anderson & Abigail A. Smith
Address/Parcel No. 03000990314000, 03000010001005, 03000010001003 & 03000020008000
Requested Variance: Adding 10' x 40' lean-to roof to an existing building which is currently 30' x 40'. The lean-to will be
approximately 40' to the water.
Dock & Riparian Use l i Setback Ord.Otter Tail County Ordinance: X Shoreland Mgmt. L Sanitation. □ Subdivision. □ WECS
Ordinance Section Citation: Section 6. Subp 4 D.
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: This a unique property because offish lake, which when the structures
were built the lake was 9 feet lower than it is now. There is used to be an easement to get to the property. There was terrible
erosion on the property. Cleaned up the property and make it look nice.
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 property owners to develop and improve their property and this is an existing legal non-
conforming structure located 40'from the OHWL.
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:
This is for a lean-to with no walls over an existing slab, therefore no increase in impervious surface.
3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (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:
The lake elevation increase has brought the lake setback 40'from the structure.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, 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:
There are similar land use patterns and use of property in the vicinity of the request.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost 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:
The addition is a minimal expansion to an existing legal non-conforming structure for personal use.
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.
DATED: July 14, 2022
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.
STAFF REPORT
APPLICANT: Charles F. Anderson, Abigail Smith
APPLICATION: Adding 10' x 40' Lean-To roof on an existing building which is currently 30' x 40'. The
Lean-To will be approx.. 40' to water.
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County Visit the County Website
X Q,27412 CO HWY 1
Sho* sea'-cb resuiufor 27412
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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 3, Subp. 14
All legally established nonconformities as of October 15,1971 may continue. Except as otherwise
set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as
allowed and set forth in Minnesota Statute §394.36
All additions or expansions to the outside dimensions of an existing nonconforming structure must
meet the setback, height, and other requirements of this ordinance. Any deviation from these
requirements must be authorized by a variance.
Improvements to nonconforming structures not requiring a variance, include, but are not limited
to, the following:
1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does
not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed
peaked roof for a non-conforming structure beyond a 4:12 would be considered an
expansion and would require a variance.
2) Installing rails on a patio in which the total height is less than 36" in height as measured from
the ground.
3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36
inches and to not allow the overall building height to exceed maximum height restrictions.
A non-conforming use is any continuous use of land established before the effective date of a
County or local Ordinance which does not conform to the use restrictions of a particular zoning
district. This should not be confused with substandard dimensions of a conforming use.
A prohibited non-conforming use may not be expanded or improved.
If any non-conformity or occupancy is discontinued for a period of more than one year, any
subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
A.
B.
C.
D.
E.
F.
Minnesota Statute, 394.36
Subp. 4 Nonconformities; certain classes of property
This subdivision applies to homestead and nonhomestead residential real estate and seasonal
residential real estate occupied for recreational purposes. Except as otherwise provided by law, a
nonconformity, including the lawful use or occupation of land or premises existing at the time of
the adoption of an official control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not including expansion.
Staff Comments: Based on a review of the application and a site review, Staff offers the following
comments:
1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
I
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LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearingfor Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Charles F. Anderson
Abigail A. Smith
27408 County Hwyl
Fergus Falls MN 56537
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, July 14, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application.
Public comments regarding this application can be expressed by mail or emailed to landtSco.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
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:
Legal Description:Parcel No. - 03000990314000,03000010001005,03000010001003 &
03000020008000
Lot 19 of Fish Lake Beach & That Part of Sublot B
Sections 01 & 02, Township 133, Range 42
Township Name -Aurdal
Lake Name/Number/Class:
Property Address:
Fish Lake (56-684), Natural Environment (NE)
27412 County Hwy 1, Fergus Falls MN 56537
The variance requestedisthe following:
Adding 10' X 40' lean-to roof to an existing building which is currently 30' x 40'. The lean-to will be
approximately 40' to the water.
Aniy Busko
Board of Adjustment Secretary
June 30, 2022
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
PIN
Property Address
^ ftrf-cetj
Property Area (from GIS or Survey):Square Footage of Lot
Acres x 43,560 9/9,767A1Acres
V
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings .
A1 X .20
A2 A3
ft'}S3yW
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Total Impervious Surface
Description Area Description Area
j,?OQ
936
Z^iHop B1Driveway/Parking area(s)Dwelling and Attached Garage Total Impervious-Buildings
L/eo ft'ClPatio/SidewalkDetached Garage Total Impervious-Other
Total Impervious Surface
B1 +C1:(67 ft'D1Retaining wall(s)Shed(s)
i
Total Percent Impervious
(D1 ■•■A1)x100],X‘>0 ft'E1Miscellaneous Landscaping
ft'ft'
Recreational Camping Unit Deck(s)
*'•-7 V ft'Allowable Total Area Remaining A2-D1iSO%77o otherWater Oriented Accessory Structure
3y6V^ ft'C1 Project being requested;B1Total Impervious-Buildings Total Impervious-Other
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items I—I not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 + A1)x100
Reviewed by L&R
n El Greater than 15%: Exemption Not Allowed
Date;Int:B2 o. 90
D E1 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This
Q exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1 /eo,3i-7B3
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Aghcullure, Urban .Tributary Rivers)Q.« 75 ft (Transition Rivers) ^ '
100 ft (NE Lakes)
ft
Lake Classification loo
Shore Impact Zone Area
SI X S2
S3 jZ//^ ooO ft'S2 ftAverage lot width in the Shore Impact Zone 2,110
Total Area Allowed for Impervious Surface S3X.15 S4 ft'
31,6SO
List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone
Total Impervious Surface
Description Area Description Area
ft'S5 Iljl/oft'Building(s)Palio/Sidevvnik Buildings
i
XH6 ft'S6 ft'Deck(s)Oilier
7.
7Total Impervious Surface
S5 4 S6/ft'S7Landscaping/retainging wall(s)M llak\eu></
Total Percent Impervious
(S7+ S3)x 100 9.38ft'7;Vbg>Driveway/Parking area(s)
ft'i\oO ft'Miscellaneous
p.A/V/o ft'Allowable Area Remaining
S4 - S7ft'ft'
1, &oc>SIZ Total Impervious-Buildings 35 S6SIZ Total Impervious-Other 7/1/2021
'Printed Name Signature Date
otter Tail County
otte^^l Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
XlHoQ //icjlowcy !^ f^lls,/1/lA \PINProperly Address
Property Area {from CIS or Survey):Square Footage of Lol
Acres x 43.560
A1 ft^Acres
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X .20
A2 ft^A3
List ALL proposed structure footprint areas List ALL proposed other impervious surfaces
Total Impervious SurfaceDescriptionAreaDescriptionArea
Total Existing Building
Impervious from Page 1
Total Existing Impervious-
Other from Page 1B1 Cl
Total Proposed Building Imperviousft^ft^Ho*/Q ^F1Dwelling and Attached Garage Driveway/Parking area(s)
Total Proposed Impervious- Otherft^G1Detached Garage Patio/Sidewalk
Total Proposed Impervious Surface
F1 ^G1_______________
ft^ff HIShed(s)Retaining wall(s)
Total Proposed PercentImpervious
(H1 ->-A1)x100
<-/oo ft^11Miscellaneous Landscaping
ft=Recreational Camping Unit Deck(s)
Allowable Area Remaining A2
HIft^Other ft^Water Oriented Accessory Structure
L/o */0 f*'X3FIG1Total Impervious-Buildings Total Impervious-Other
Percent Building Impervious
(FI tA1)x 100
Allowable Building Area Remaining A3-FI 179,‘fS?
SHORE IMPACT ZONE
37.5 ft (GD Lakes)50 ft (RD Lakes/Agricutlure, Urban,Tributary Rivers) O I
75 ft (Transition Rivers)
100 (1 (NE Lakes)
/oo ftLake Classification A/t
Shore Impact Zone Area
SI X S2S2 S3 JLli, oooAverage lot width in the Shore Impact Zone ft2.,llo
Total Area Allowed for Impervious Surface S3X.15 fpS4
List all proposed structure footprint areas List ail proposed other impervious surfaces
Total Proposed Impervious SurfaceDescriptionAreaDescriptionArea
Total Existing Building
Impervious (Pg 1)
Total Existing Impervious-
Other (Pg 1)7/ gg^S5 S6
Voo f'fF S8 1,2^0Building(s)Palio'Sidewalk Proposed Buildings
7 ft^
' t ___________
ft' ft'S9Deck(s)Proposed Other
Total Impervious Surface
S8 * S9
ft'ft'S10Landscaping/Retaining wall(s)
Total SIZ Percent Impervious
(S10 + S3)x100 ‘f.57ft' ft'Driveway/Parking area(s)
ft'ft'Micellaneous
Allowable Area Remaining
S4 - SiO
JJLf OlO ft'
ft'ft'
//870 7y0QO ft'ft'S8 S9Total Impervious-Buildings Total Impervious-Other
CUarUf F AAjerSo/^ Cf-rej)
. ^Printed Name Signature
https://onegov.co.ottertail.mn.us/admst/viewcard.php?card=6&app=145456/21/22, 11:40 AM
SUBSURFACE SEWAGE TREATMENT SYSTEM
Land & Resource Management
Government Services Center
540 Fir Avenue West
Fetigus Falls MN 56537
THU 218-998-8095
oovriTT'iitaiftoiii
CERTIFICATE OF COMPLIANCE
rSITE/OWNER INFORMATION
Property ID#: 03000020008000Site Address: 27408 CO HWY 1
Property Owner: CHARLES ANDERSON & A SMITH
SSTS CONTRACTOR INFORMATION
!MPCA License #: L3069Instailation Business: Septics Plus LLC / Budke Excavating
Certified Individual on Job: Cory Budke iDate of Installation: 2020-11-03
- ■ . .■* A--TINSPECTION INFORMATION
MPCA Registration No.
County Permit No. 26970County Inspector: Jessica Fosberg
Dates of Inspections: 2020-11-03
: System Components: Mound See as-built for detailed system component information
' Well Setbacks: 75 Feet Well Status: Well installed at time of inspection
COUNTY VERIFICATION OF SOIL CONDITIONS
County Inspector Who Verified Soil Conditions: Jessica Fosberg See soil observation logs Tank Replacement Only: No
Depth of Restriction 32 Inches Depth System Installed Below Grade -12 Inches
Vertical Separation Provided at the Time of Installation 44 Inches SWF: Yes Class V Injection Well: No
CERTIFIED STATEMENT
This certifies that the subsurface sewage treatment system installed at the aforementioned address was inspected during installation and found to be j
in compliance with requirements of the Otter Tail County Sanitation Code and Minnesota Rules, Chapter 7080-7083. This Certificate of Compliance is '
valid for five (5) years from the date of issuance unless Otter Tail County finds evidence of an imminent threat to public health and safety. Supporting
documentation with detailed information on the system can be found on the attached as-built.
Jessica Fosberg2bdd88ca1313a81f292ccf77d57bad5587aa964db5748f9dc5d4d3d4498b0b9a
County Inspector
2020-11^03
Date I
MPCA Reg. #...„J
1/1https://onegov.co.ottertail.mn.us/admst/viewcard.php?card=6&app=14545
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
(7^ ) filed ( ) not required.
Certificate of Real Estate Value No.
ZX)z:Z^(VEAk)
1274720
LYHN R LARSOH
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, m
RECORDED ON
04/01/2022 02; 44 Pfi
FEE; 46.00
PAGES 6
WELL CERTIFICATE EEC'D; H
V Afinl I
^ R ^^5^tter i^i^wnty Auditor/treasurer
Ibv:_________________________, Deputy
<^300001OC& ioQS
OZoooO\oooioojO^COmojf*/OCO
I--
C> N
nZDODD/OOotnorz^
I hereby certify that tie
taxes for the year—
COUNTY OF OTTER TAIL
STATE OF MINNESOTAWARRANTY DEED
for the lands described wtt^arepald.
County AudHoNDreasurer
NUMBERIndividual to Joint Tenants
eCRV#
DAT
STATE DEED TAX DUE HEREON: $247.50
Date:
FOR VALUABLE CONSIDERATION, Mitchell P. Davis and Violet A. Davis,
aka Violet E. Davis, husband and wife, Grantors, hereby conveys and warrants
to Charles F. Anderson and Abigail A. Smith, Grantees, as Joint Tenants, real
property in Otter Tail County, Minnesota, described as follows:
Lot 19 of Fish Lake Beach, Otter Tail County, Minnesota
AND
That part of Sublot B of Section 1, Township 133 North, Range 42 West, Otter
Tail County, Minnesota, described as follows: Commencing at a found iron
monument marking the Northwest corner of Lot 19 of Fish Lake Beach, on file
and of record in the office of the County Recorder in and for Otter Tail County,
Minnesota, said point also being on the west line of said Section 1; thence North
00 degrees 13 minutes 59 seconds West (assumed bearing) along the West line
of said Section 1 a distance of 159.07 feet to a found iron monument, said point
being the point of beginning: thence continuing North 00 degrees 13 minutes 59
seconds West along said West line a distance of 368.57 feet; thence South 35
degrees 04 minutes 45 seconds East a distance of 453.57 feet; thence North 89
degrees 25 minutes 22 seconds West a distance of 259.18 feet to the point of
beginning.
AND
TRACT A
That part of Sublot B of Section 1, Township 133 North, Range 42 West, Otter
Tail County, Minnesota described as follows:
1
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 30th day of June 2022 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Township ClerkProperty Owner Lake Association
Dee Forkey, Clerk
Aurdal Township
26911 Sophus Anderson Rd
Fergus Falls MN 56537
Charles F. Anderson
Abigail A. Smith
27408 County Hwy 1
Fergus Falls MN 56537
City Clerk (if located within 2 miles of a city—NA
Otter Tail Water Management-PistriGt—Email Notice if it is in the district - ottertailwatermanaqement@outlook.com
NA
m
lU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
lid, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Big McDonald;
Devils (Near Perham);
Eagli^ak^
Lida La^K
Little
Little l^e & Sig Pine:
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake;South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
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
^ulie 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
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member: David Wass - 29133 260’^'’ St., Underwood MN 56586
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 Print
File 1Dated: June 30, 2022
Extra 2Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members_
PC Member____
Envelopes 10
TOTAL NOTICES TO PRINT____
[~j Added to Agenda ED Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ_______________
6
1 MinutesBy:
Amy Busko
20
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Charles Affidavit (56-684) 07-14-22.docx
Buffer Parcels
Addr 2 Citv St Zio
Fergus Falls MN 56537 7918
Parcel No Addrl
27478 County Highway 1
Name 1 Name 2
03000010001001 Marc & Rebecca Shearer
Fergus Falls MN 56537 791827412 County Highway 103000010001002 Mitchell P & Violet E Davis
Fergus Falls MN 56537 791827408 County Highway 103000010001003 Charles Anderson & A Smith
Fergus Falls MN 56537 791803000010001005 Charles Anderson & A Smith 27408 County Highway 1
Kent MN 56553 951603000010001900 River Bottom Hemp Farms LLC 1937 Us Highway 75
Fergus Falls MN 56537 791827408 County Highway 103000020008000 Charles Anderson & A Smith
Fergus Falls MN 56537 791827310 County Highway 103000020008001 Riley 8i Pamela J Neuhardt
Fergus Falls MN 56537 803127601 Clear Beach Rd03000020008002 Steven Schulz
Fergus Falls MN 56537 794627368 County Highway 103000020008003 Gary A Grimms
Fergus Falls MN 56537 794627368 County Highway 103000020008004 Gary A Grimms
Fergus Falls MN 56537 794627368 County Highway 103000020008005 Gary A Grimms
Fargo ND 58104 62751001 Harwood Dr S03000990309000 Daniel K Passolt
Fergus Falls MN 56537 791803000990311000 Mitchell P & Violet E Davis 27412 County Highway 1
Fergus Falls MN 56537 791803000990312000 Mitchell P & Violet E Davis 27412 County Highway 1
Fergus Falls MN 56537 791803000990313000 Mitchell P & Violet E Davis 27412 County Highway 1
Fergus Falls MN 56537 791803000990314000 Charles Anderson & A Smith 27408 County Highway 1
Fergus Falls MN 56537 791626626 County Highway 128000350276001 Langseth Family Tst
Fergus Falls MN 56537 791827453 County Highway 128000360285000 Brandon & Breanna Peterson
Page 1 of 1Wednesday. June 29. 2022
Buffer Mail
Address lName City, State, ZipAddress 2
Charles Anderson & A Smith 27408 County Highway 1 Fergus Falls MN 56537 7918
Mitchell P & Violet E Davis 27412 County Highway 1 Fergus Falls MN 56537 7918
Gary A Grimms 27368 County Highway 1 Fergus Falls MN 56537 7946
Langseth Family Tst 26626 County Highway 1 Fergus Falls MN 56537 7916
Riley & Pamela J Neuhardt 27310 County Highway 1 Fergus Falls MN 56537 7918
Daniel K Passolt 1001 Harwood Dr S Fargo ND 58104 6275
Brandon & Breanna Peterson 27453 County Highway 1 Fergus Falls MN 56537 7918
River Bottom Hemp Farms LLC 1937 Us Highway 75 KentMN 56553 9516
Steven Schulz 27601 Clear Beach Rd Fergus Falls MN 56537 8031
Marc & Rebecca Shearer 27478 County Highway 1 Fergus Falls MN 56537 7918
Wednesday, June 29, 2022 Page 1 of 1
1274720
No delinquent taixes and transfer entered;
Certificate of Real Estate Value
{% ) filed ( ) not required.
Certificate of Real Erate Value No.
k I52^
^ b) ^ rotter Tall County Audltor/Treasurer
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/01/2022 02:44 PM
FEE: 46.00
PAGES 6
WELL CERTIFICATE REC'D: NIbv: @ Deputy)-n-0Sam/CX3DlO07^o'loooDioooiooj0:^€(^Oji*/OCO
niiiCCDiooi^incrz^I hereby certify that tte taxes for the ynnr 7132’^
for the lands described
withers paid.County AudKoNTreasurer
STATE DEED TAX DUE HEREON: $247.50
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
deedtax$siV3-SZ)
NUMBER
WARRANTY DEED
Individual to Joint Tenants
eCRV# }3^CpCd^
DA'
1 1 ,Date:
FOR VALUABLE CONSIDERATION, Mitchell P. Davis and Violet A. Davis,
aka Violet E. Davis, husband and wife, Grantors, hereby conveys and warrants
to Charles F. Anderson and Abigail A. Smith, Grantees, as Joint Tenants, real
property in Otter Tail County, Minnesota, described as follows:
Lot 19 of Fish Lake Beach, Otter Tail County, Minnesota
AND
That part of Sublot B of Section 1, Township 133 North, Range 42, West, Otter
Tail County, Minnesota, described as foliows: Commencing at a found iron
monument marking the Northwest corner of Lot 19 of Fish Lake Beach, on file
and of record in the office of the County Recorder in and for Otter Tail County,
Minnesota, said point also being on the west line of said Section 1; thence North
00 degrees 13 minutes 59 seconds West (assumed bearing) along the West line
of said Section 1 a distance of 159.07 feet to a ,found iron monument, said point
being the point of beginning; thence continuing North 00 degrees 13 minutes 59
seconds West along said West line a distance of 368.57 feet; thence South 35
degrees 04 minutes 45 seconds East a distance of 453.57 feet; thence North 89
degrees 25 minutes 22 seconds West a distance of 259.18 feet to the point of
beginning.
AND
TRACT A
That part of Sublot B of Section 1, Township 133 North, Range 42 West, Otter
Taii County, Minnesota described as follows:
1
I
Dtter Tail County, Minnesota 1274720 1 of 6
Beginning at the northwest corner of Lot 19, Fish Lake Beach; thence North 00
degrees 09 minutes 53 seconds West on an assumed bearing along the west
line of said Sublot B and the west line of said Section 1 for 158.73 feet to the
southwest corner of an existing tract described in a warranty deed recorded as
document no. 776270 in the office of the Otter Tail County Recorder; thence
South 89 degrees 25 minutes 22 seconds East along the south line of said
existing tract for 250.58 feet; thence South 00 degrees 19 minutes 58 seconds
East for 140.00 feet to an iron monument; thence continuing South 00 degrees
19 minutes 58 seconds East for 12 feet, more or less, to the shoreline of Fish
Lake; thence southwesterly along the shoreline of said lake for 13 feet, more or
less, to the intersection with the north line of the plat of Fish Lake Beach; thence
North 88 degrees 57 minutes 19 seconds West along the north line of said plat of
Fish Lake Beach for 237 feet, more or less, to the point of beginning.
The above described TRACT A to be permanently attached to the following;
The East Half of the Northeast Quarter (El/2 NE1/4) of Section Two (2),
Township One Hundred Thirty- three (133) North, Range Forty-two (42) West
Otter Tail County, Minnesota,
SUBJECT TO an easement for ingress and egress purposes over and across
that part of the East Half of the Northeast Quarter (El/2 of NE1/4) of Section 2,
Township 133, Range 42, Otter Tail County, Minnesota, described as follows:
Commencing at the northeast corner of said Section 2; thence South 89 Degrees
38 Minutes 23 Seconds West on an assumed bearing along the north line of said
Section 2, a distance of 199.81 feet to a point to be hereinafter referred to as
Point "A"; thence continuing South 89 Degrees 38 Minutes 23 Seconds West
along said north line a distance of 200.00 feet to a point to be hereinafter referred
to as Point "B"; thence continuing South 89 Degrees 38 Minutes 23 Seconds
West along said north line a distance of 200.00 feet; thence South 0 Degrees 43
Minutes 57 Seconds East a distance of 1,201.20 feet to a point to be hereinafter
referred to as Point "C"; thence North 89 Degrees 43 Minutes 17 Seconds West
a distance of 200.11 feet to the southeast corner of a tract of land described in
Document Number 936639 as filed of public record in the office of the Otter Tail
County Recorder; thence on a bearing of South along the east line of a tract of
land described in Document Number 914545, as filed of public record in the
office of the Otter Tail County Recorder, a distance of 404.87 feet to the point of
beginning of the land to be described; thence on a bearing of North along said
east line of the tract of land described in Document Number 914545, a distance
of 404.87 feet to the southeast corner of said tract of land described in Document
Number 936639; thence South 89 Degrees 43 Minutes 17 Seconds East a
distance of 200.11 feet to said Point "C"; thence continuing South 89 Degrees 43
Minutes 17 Seconds East a distance of 200.03 feet to point located South 0
Degrees 43 Minutes 57 Seconds East a distance of 1,203.43 feet from said Point
"B"; thence continuing South 89 Degrees 43 Minutes 17 Seconds East a distance
2
of 200.03 feet to a point located South 0 Degrees 43 Minutes 57 Seconds East a
distance of 1,205.67 feet from said Point "A"; thence continuing South 89
Degrees 43 Minutes 17 Seconds East a distance of 199.83 feet to the east line of
said Section 2; thence South 0 Degrees 43 Minutes 57 Seconds East along said
east line of said Section 2, a distance of 50.01 feet; thence North 89 Degrees 43
Minutes 17 Seconds West a distance of 750.64 feet; thence on a bearing of
South a distance of 404.62 feet; thence on a bearing of West a distance of 77
feet more or less to the shoreline of Fish Lake; thence northwesterly along said
shoreline to the intersection with a line which bears West from the point of
beginning; thence on a bearing of East a distance of 52 feet more or less to the
point of beginning.
Together with the following described easement:
An easement for ingress and egress purposes over a strip of land 15.00 feet in
width, situated in part of Sublot B and in part of Lot 19 of the Plat of FISH LAKE
BEACH, all in Section 1, Township 133 North, Range 42 West of the Fifth
Principal Meridian, Otter Tail County, Minnesota, the centerline of said easement
is described as follows:
Commencing at a found iron monument at the northeast corner of the Northwest
Quarter of said Section 1; thence North 89 degrees 18 minutes 16 seconds West
on an assumed bearing, along the north line of said Section 1 for 2616.54 feet to
a found iron monument at the northwest corner of said Section 1; thence South
00 degrees 06 minutes 42 seconds East along the west line of said Section 1 for
869.75 feet to the Point of Beginning on the centerline of an existing private
drive; thence South 33 degrees 37 minutes 32 seconds East along the centerline
of said private drive for 287.54 feet; thence southeasterly 154.14 feet on a non-
tangential curve, concave to the southwest, having a radius of 180.00 feet, a
central angle of 49 degrees 03 minutes 50 seconds, and a chord which bears
South 04 degrees 59 minutes 39 seconds East for 149.47 feet; thence South 67
degrees 29 minutes 20 seconds West along the centerline, more or less, of said
private drive for 185.48 feet to the intersection with the west line of said Lot 19 of
the plat of FISH LAKE BEACH, on file and of record in the office of the Otter Tail
County recorder, and said centerline there terminating.
The sidelines of said easement are presumed to be lengthened or shortened to
meet at angle points and to terminate on the west line of said Section 1 and the
west line of said Lot 19 of the plat of FISH LAKE BEACH.
EXCEPT the following described tracts of land, to-wit:
Tract #1;
The northerly 417.5 feet of the westerly 417.5 feet of Government Lot 1 (NE1/4 of
NE1/4) of Section 2, Township 133 North, Range 42 West of the 5th P.M.
3
Tract #2:
All that part of the Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4)
and the Southeast Quarter of the Northeast Quarter (SE1/4 of NE1/4) of Section
2, Township 133, Range 42, described as follows: Beginning at the Northeast
corner of Lot 1, First Addition to Clear Beach Resort; thence on an assumed
bearing of North 0 Degrees 16 Minutes 12 Seconds West along the West line of
said Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4) a distance of
60.79 feet; thence on a bearing of East a distance of 532.57 feet; thence on a
bearing of South a distance of 404.87 feet; thence on a bearing of West a
distance of 52 feet more or less to the shoreline of Fish Lake; thence
northwesterly along said shoreline to the West line of said Southeast Quarter of
the Northeast Quarter (SE1/4 of NE1/4); thence North 0 Degrees 16 Minutes 12
Seconds West along said West line of the Southeast Quarter of the Northeast
Quarter (SE1/4 of NE1/4) a distance of 151 feet more or less to the point of
beginning. Otter Tail County, Minnesota.
Tract #3:
All that part of the Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4)
of Section 2, Township 133, Range 42, Otter Tail County, Minnesota, described
as follows: Beginning at the northwest corner of the Northeast Quarter of the
Northeast Quarter (NE1/4 of NE1/4); thence South 0 Degrees 16 Minutes 12
Seconds East on an assumed bearing along the west line of said Northeast
Quarter of the Northeast Quarter (NE1/4 of NE1/4) a distance of 1,195.60 feet to
a point distant 60.79 feet north of the northeast corner of Lot 1, First Addition to
Clear Beach Resort; thence on a bearing of East a distance of 532.57 feet;
thence North 0 Degrees 46 Minutes 55 Seconds West a distance of 1,198.98 feet
to the north line of said Section 2, thence South 89 Degrees 38 Minutes 23
Seconds West along said north line of Section 2 a distance of 521.85 feet to the
point of beginning, EXCEPT the North 417.50 feet of the West 417.50 feet of said
Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4) Subject to County
State Aid Highway No. 1.
Tract #4:
All that part of the Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4)
of Section 2, Township 133, Range 42, Otter Tail County, Minnesota, described
as follows: Commencing at the northeast corner of said Section 2; thence South
89 Degrees 38 Minutes 23 Seconds West on an assumed bearing along the
north line of said Section 2 a distance of 199.81 feet to the point of beginning of
the land to be described; thence continuing on a bearing of South 89 Degrees 38
Minutes 23 Seconds West along the said north line a distance of 200.00 feet;
thence on a bearing of South 00 Degrees 43 Minutes 57 Seconds East a
distance of 1,203.43 feet; thence on a bearing of South 89 Degrees 43 Minutes
17 Seconds East a distance of 200.03 feet to a point which bears South 00
Degrees 43 Minutes 57 Seconds East from the point of beginning; thence North
00 Degrees 43 Minutes 57 Seconds West a distance of 1,205.67 feet to the point
of beginning. Subject to County State Aid Highway No. 1.
4
Tract #5:
All that part of the Northeast Quarter of the Northeast Quarter (NE1/4 of NE1/4)
of Section 2, Township 133, Range 42, Otter Tail County, Minnesota, described
as follows: Commencing at the northeast corner of said Section 2; thence South
89 Degrees 38 Minutes 23 Seconds West on an assumed bearing along the
north line of said Section 2 a distance of 399.81 feet to the point of beginning of
the land to be described; thence continuing on a bearing of South 89 Degrees
38 Minutes 23 Seconds West along the said north line a distance of 200.00 feet;
thence on a bearing of South 00 Degrees 43 Minutes 57 Seconds East a
distance of 1,201.20 feet; thence on a bearing of South 89 Degrees 43 Minutes
17 Seconds East a distance of 200.03 feet to a point which bears South 00
Degrees 43 Minutes 57 Seconds East from the point of beginning; thence North
00 Degrees 43 Minutes 57 Seconds West a distance of 1,203.43 feet to the point
of beginning. Subject to County State Aid Highway No. 1.
Tract #6;
All that part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of
Section 2, Township 133, Range 42, Otter Tail County, Minnesota, described as
follows: Commencing at the northeast corner of said Section 2; thence South 89
degrees 38 minutes 23 seconds West on an assumed bearing along the north
line of said Section 2 a distance of 599.81 feet to the point of beginning of the
land to be described; thence on a bearing of South 00 degrees 43 minutes 57
seconds East a distance of 1,201.20 feet; thence on a bearing of North 89
Degrees 43 Minutes 17 Seconds West a distance of
200.11 feet to the southeast corner of a tract of land described in Document No.
936639, as filed of public record in the office of the Otter Tail County Recorder;
thence North 00 Degrees 46 Minutes 55 Seconds West along the east line of
said Document No. 936639, a distance of 1,198.98 feet to the north line of said
Section 2; thence North 89 Degrees 38 Minutes 23 Seconds East along said
north line of Section 2 a distance of 201.12 feet to the point of beginning. Subject
to County State Aid Highway No. 1.
Subject to County State Aid Highway No. 1. Subject to easements, restrictions
and reservations of record.
together with all hereditaments and appurtenances belonging thereto.
{X } 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.
5
^
Mitchell P. Davis
Viflct tWvis
Violet A. Davis
STATE OF MINNESOTA )
) SS
fdCOUNTY OF OTTER TAIL)
_^The foreaoing instrument was acknowledged before me this
. 2022, by Mitchell P. Davis and Violet A. Davis, aka Violet E.
Davis, husband and wife, Grantors.
day
of
i
Notary Public
Tax Statements for the real property
described in this instrument should be
sent to:
B/^AA^AZ^,AAAAZAAAAAAA^AA^V^A/^AAAAAAAA aBRANDI L B DONAGHUE
Notary Public - Minnesota
My Commission Expires Jan. 31,2025Qharles F. Anderson and Abigail A. Smith
O NAA<VVVVVVVVVVVVVVVVWVVVVVVVVVVVVV a
THIS INSTRUMENT WAS DRAFTED BY:
N.F. Field Abstract Co., LLC
127 S. Mill Street
Fergus Falls, MN 56537
6
■ »
1245260
chrol schmaltzOTTER TAIL. COUNTY
RECORDER/RESTSTRAP OF TITLES
FERGUS FALLS, tIN
RECORDED OH
OS/29/2020 01;33 PM
FEE; 96,00
PAGES 6
i;iELL CERTIFICATE REC^D; V
No delinquent taxe§ and transfer entered;
Certificate of Real Estate Value
( y ) ffled ( ) not required. ^
Certificate of Real Estate Value No. / O
O
-O K,-.-'i
fh.
0--Cl-'-o
Otter Tail county Audilor/Treasurer
(YEAR)
CO
DeputyBy:
63 OOO 000'S ooa
(Top 3 inches reserved for recording data)
DEED OF SALE Minnesota Uniform Conveyancing Blanks
P703/Form 10.5.4(2013)by Individual Personal Representative to Joint Tenants
eCRV Number:
— '2-3 2020DEED TAX DUE; $1,023.00
FOR VALUABLE CONSIDERATION, RENIE VANAE POLLACK, as Personal Representative of the Estate
of Leonard Eugene Davis aka Leonard E. Davis aka Gene Davis, Decedent, single at the time of death,
(“Grantor”), hereby conveys and quitclaims to CHARLES F. ANDERSON AND ABIGAIL A. SMITH
(“Grantees”), as Joint Tenants, real property in Otter Tail County, Minnesota, described as follows:
See attached Exhibit A
Check if part or all of land is Registered (Torrens) □
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.
0 A well disclosure certificate accompanies this document or has been electronically filed.
□ I am familiar with the property described in this instrument and I certity that the status and number of wells on the
described real property have not changed since the last previously filed well disclosure certificate.
GRANTOR
Renie Vanae Pollack, Personal Representative
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEEDTAXS
NUMBER g- 1
DATE -^OMNCLEO2016P703/Form 10.5.3
1
STATE OF MINNESOTA ^ ss
COUNTY OF OTTER TAIL
This instrument was acknowledged before me on this day of 2020, by
Renie Vanae Pollack, as Personal Representative of the Estate of Leonard Eugene Davis aka Leonard E. Davis aka
Gene Davis, Decedent.
(NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
VNAA/UNAAAAAAAAAAAAAAAAAAAAA^AAA/A
KELSEY LYNN DANIELSON
Notary Public-Minnesota
My Commission Expires Jan 31, 20;
SIGNATUR^F N^Ak
vvvvvvwvArvwvrwvwwvvwvvvvvvv’
Y PUBLIC OR OTHER OFFICIAL
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
TAX STATEMENTS FOR THE REAL PROPERTY
DESCRIBED IN THIS STATEMENT SHOULD BE SENT TO:
(Insert name and address of Grantee to whom tax statements should be sent):
RolfNycklemoe
Attorney at Law
Nycklemoe & Ellig, P.A.
106 East Washington Avenue
Fergus Falls, MN 56537
Phone:218-736-5673
Fax: 218-736-5466
Email: rolf(@nycklemoelaw.com
Charles F. Anderson and Abigail A. Smith
27408 County Highway 1
Fergus Falls, MN 56537
MNCLE02OI6 P703/Form 10.5.3
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EXHIBIT A
East one-half of the Northeast Quarter (EV2 NE'/4) of Seetion 2, Township 133,
Range 42, Otter Tail County, Minnesota, except the following described
tracts of land, to-wit:
Tract #1:
The northerly 417.5 feet of the westerly 417.5 feet of Government Lot 1 (NEI/4
of NE*/4) of Section 2, Township 133 North, Range 42 West of the 5th P.M.
Tract #2:
All that part of the Northeast Quarter of the Northeast Quarter (NEV4 of NE‘/4)
and the Southeast Qua:rter of the Northeast Quarter (SE‘/4 of NE‘/4) of Section
2, Township 133, Range 42, described as follows; Beginning at the Northeast
comer of Lot 1, First Addition to Clear Beach Resort; thence on an assumed
bearing of North 0 Degrees 16 Minutes 12 Seconds West along the West line
of said Northeast Quarter of the Northeast Quarter (NE'/4 of NE14) a distance
of 60.79 feet; thence on a bearing of East a distance of 532.57 feet; thence on a
bearing of South a distance of 404.87 feet; thence on a bearing of West a
distance of 52 feet more or less to the shoreline of Fish Lake; thence
northwesterly along said shoreline to the West line of said Southeast Quarter
of the Northeast Quarter (SE'/4 of NE’A); thence North 0 Degrees 16 Minutes
12 Seconds West along said West line of the Southeast Quarter of the Northeast
Quarter (SE14 of NEI/4) a distance of 151 feet more or less to the point of
beginning. Otter Tail County, Minnesota.
Tract#3:
All that part of the Northeast Quarter of the Northeast Quarter (NEVi of NEI/4)
of Section 2, Township 133, Range 42, Otter Tail County, Minnesota,
described as follows: Beginning at the northwest comer of the Northeast
Quarter of the Northeast Quarter (NE14 of NE'A); thence South 0 Degrees 16
Minutes 12 Seconds East on an assumed bearing along the west line of said
Northeast Quarter of the Northeast Quarter (NE% of NEI/4) a distance of
1,195.60 feet to a point distant 60.79 feet north of the northeast comer of Lot
1, First Addition to Clear Beach Resort; thence on a bearing of East a distance
of 532.57 feet; thence North 0 Degrees 46 Minutes 55 Seconds West a distance
of 1,198.98 feet to the north line of said Section 2, thence South 89 Degrees 38
Minutes 23 Seconds West along said north line of Section 2 a distance of
521.85 feet to the point of beginning, EXCEPT the North 417.50 feet of the
West 417.50 feet of said Northeast Quarter of the Northeast Quarter (NE14 of
‘ V
NE!4), containing 10.49 acres more or less. Subject to County State Aid
Highway No. 1.
Tract #4:
All that part of the Northeast Quarter of the Northeast Quarter [NE14 of
NE%) of Section 2, Township 133, Range 42, Otter Tail County,
Minnesota, described as follows: Commencing at the northeast corner
of said Sec. 2; thence South 89 Degrees 38 Minutes 23 Seconds West on
an assumed bearing along the north line of said Sec. 2 a distance of
199.81 feet to the point of beginning of the land to be described; thence
continuing on a bearing of South 89 Degrees 38 Minutes 23 Seconds
West along the said north line a distance of 200.00 feet; thence on a
bearing of South 00 Degrees 43 Minutes 57 Seconds East a distance of
1,203.43 feet; thence on a bearing of South 89 Degrees 43 Minutes 17
Seconds East a distance of 200.03 feet to a point which bears South 00
Degrees 43 Minutes 57 Seconds East from the point of beginning; thence
North 00 Degrees 43 Minutes 57 Seconds West a distance of 1,205.67
feet to the point of beginning. Subject to County State Aid Highway No.
1.
Tract #5:
All that part of the Northeast Quarter of the Northeast Quarter [NE14 of
NE%3 of Section 2, Township 133, Range 42, Otter Tail County,
Minnesota, described as follows: Commencing at the northeast corner
of said Sec. 2; thence South 89 Degrees 38 Minutes 23 Seconds West on
an assumed bearing along the north line of said Sec, 2 a distance of
399.81 feet to the point of beginning of the land to be described; thence
continuing on a bearing of South 89 Degrees 38 Minutes 23 Seconds
West along the said north line a distance of 200.00 feet; thence on a
bearing of South 00 Degrees 43 Minutes 57 Seconds East a distance of
1,201.20 feet; thence on a bearing of South 89 Degrees 43 Minutes 17
Seconds East a distance of 200.03 feet to a point which bears South 00
Degrees 43 Minutes 57 Seconds East from the point of beginning; thence
North 00 Degrees 43 Minutes 57 Seconds West a distance of 1,203.43
feet to the point of beginning. Subject to County State Aid Highway No.
1.
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Otter Tail County, Minnesota 1245260 4 of 6
Tract #6:
All that part of the Northeast Quarter of the Northeast Quarter (NE'/4NEl/4)
of Section 2, Township 133, Range 42, Otter Tail County, Minnesota,
described as follows: Commencing at the northeast comer of said Section 2;
thence South 89 degrees 38 minutes 23 seconds West on an assumed bearing
along the north line of said Section 2 a distance of 599.81 feet to the point of
beginning of the land to be described; thence on a bearing of South 00
degrees 43 minutes 57 seconds East a distance of 1,201.20 feet; thence on a
bearing of North 89 Degrees 43 Minutes 17 Seconds West a distance of
200.11 feet to the southeast comer of a tract of land described in Document
No. 936639, as filed of public record in the office of the Otter Tail County
Recorder; thence North 00 Degrees 46 Minutes 55 Seconds West along the
east line of said Document No. 936639, a distance of 1,198.98 feet to the
north line of said Section 2; thence North 89 Degrees 38 Minutes 23 Seconds
East along said north line of Section 2 a distance of 201.12 feet to the point
of beginning. Subject to County State Aid Highway No. 1.
SUBJECT TO an easement for ingress and egress purposes over and across
that part of the East Half of the Northeast Quarter (E'/2 of NE’A) of Section
2, Township 133, Range 42, Otter Tail County, Minnesota, described as
follows: Commencing at the northeast comer of said Section 2; thence South
89 Degrees 38 Minutes 23 Seconds West on an assumed bearing along the
north line of said Section 2, a distance of 199.81 feet to a point to be
hereinafter referred to as Point “A”; thence continuing South 89 Degrees 38
Minutes 23 Seconds West along said north line a distance of 200.00 feet to a
point to be hereinafter referred to as Point “B”; thenee continuing South 89
Degrees 38 Minutes 23 Seconds West along said north line a distance of
200.00 feet; thence South 0 Degrees 43 Minutes 57 Seconds East a distance
of 1,201.20 feet to a point to be hereinafter referred to as Point “C”; thence
North 89 Degrees 43 Minutes 17 Seconds West a distance of 200.11 feet to
the southeast comer of a tract of land described in Document Number 936639
as filed of public record in the office of the Otter Tail County Recorder;
thence on a bearing of South along the east line of a tract of land described
in Document Number 914545, as filed of public record in the office of the
Otter Tail County Recorder, a distance of 404.87 feet to the point of
beginning of the land to be described; thence on a bearing of North along
said east line of the tract of land described in Document Number 914545, a
distance of 404.87 feet to the southeast comer of said tract of land described
in Document Number 936639; thence South 89 Degrees 43 Minutes 17
Seconds East a distance of 200.11 feet to said Point “C”; thence continuing
South 89 Degrees 43 Minutes 17 Seconds East a distance of 200.03 feet to
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point located South 0 Degrees 43 Minutes 57 Seconds East a distance of
1,203.43 feet from said Point “B”; thence continuing South 89 Degrees 43
Minutes 17 Seconds East a distance of 200.03 feet to a point located South 0
Degrees 43 Minutes 57 Seconds East a distance of 1,205.67 feet from said
Point “A”; thence continuing South 89 Degrees 43 Minutes 17 Seconds East '
a distance of 199.83 feet to the east line of said Section 2; thence South 0
Degrees 43 Minutes 57 Seconds East along said east line of said Section 2, a
distance of 50.01 feet; thence North 89 Degrees 43 Minutes 17 Seconds West
a distance of 750.64 feet; thence on a bearing of South a distance of 404.62
feet; thence on a bearing of West a distance of 77 feet more or less to the
shoreline of Fish Lake; thence northwesterly along said shoreline to the
intersection with a line which bears West from the point of beginning; thence
on a bearing of East a distance of 52 feet more or less to the point of
beginning.
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