HomeMy WebLinkAbout06000010001001_Variances_10-08-2008Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #
was fiied/recorded in this officefor record on the 13__day of ^
fl 2008 at /0=30 fam/rim
Wendy L. Metcalf, County R^j^rder ^
bv: /
1048060
ty
well certific
A<L
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: www.co.ottertail.mn.us
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
c3G<3o Ma>a) Fe^Gu_£ A/^n
z\’g 73(>~-22.(7<^DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
fOM N/i9 LAKE CLASSLAKE NAMELAKE NUMBER
0'^3O \/3 vsdRANGETOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER ^ MAi^ St0 Q?OOOoi Coo I ool
LEGAL DESCRIPTIONft 4
CoenJ^j/^
pf {Ui^ fO ^ 1/^ a/ia/
TYPE OF VARIANCE REQUESTED (Please Check)
Subdivision Cluster Misc.Sewage SystemStructure Setback Structure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
To auf ^ /9c^d -TtzakT'..
/s /buu/J an/ /ejs 5'/9c^e.%
-fo <^\AdsT-fQ^. iAje l/ide 'Tzi htAiic/
hoUSi ga) -H^fS pTtf/ceb
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 REGARDING THIS MATTER.
CjlSiZ^ —
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)
^ i /Vr?Date Of Hearing Time
Motion
Calvin L. and Cheryl R. Larson - Approved the variance appiication as requested. (6:26 p.m.)
After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Michael Harris
voting no, to approve a variance to subdivide 2.5 acres from an existing 18.45 acre parcel. It was noted that the proposed parcel
does have adequate room for a septic system.
Chairman/Otter Tail County Board of Adju^ment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
icial/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
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MripN*. 1-M'WAIUIANTV 0110TiBivBSinirQnocxml Minn»*oU l/niiam l'ttnv«r«nclA0 8lmk« <ii»T8>!JUTNT'TENTTOTS"..€>S23;)5 JiJr ■
No delinquent taxek aiul lrarii>fi‘r oiiUti'cI: ('urtifiuatc |
of Real Ealate Value ( V I filed ( I |
Certifieatu of Real Kk'.uIc Vlutue No
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' * >•.*• Wt!
• • • .
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p('uuiity Auditor
Deputy
ISTATE DEED 'i AX DDE IIKRKUN: $__^33.00
NOVEMBER 18
' I C>uj/uAeoI• 10.MDale:___\I reserved for rei ordinn dula)
FOR VALUABLE CONSIDER A I'lON, HARRY V. Pgl'ERSON anti CAROL A. PEreRSON
huabaiKLand_wif.e-........................................................................______, (iranturlsl.
imaritdl ststuU
CALVIN L. LARSON AND CHERYL R. LARSON, HUSBANDwarrant (s) to
_, Grantee(s).
Otter Tall County, Minnesota, described as follows:real property in
LEGAL DESCRIPTION ATTACHED,
(if more space i» needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions;
County Of Otter Tail
State of Minnesota
DEED TAX____s 33'^HARRY V. PEHERSON
'^OL A. PEnERSON "
Dale.
STATE OF MINNESOTA
ss.(Ijkyr.jCOUNTY OF
The foregoing instrument was acknowledged before me this 7 day of Z>^y^M/2e'
HARRY V- PRTFR.SnN nnd CAROL A. PETEBSON. hiishand and wife
- . 19,f'
by
, Grantor fs).
siONATURE pP PER8CN TA^KINO ACKNOWLBUQMENT
Tan Statamanta for iha rati proparly dticrlbad In oa aant to <lnelvda nama and tddraaa of Orantat):
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
KATHY AT.NTSON
> llJA siOTAni POeUC-MlNNtSOTAOTTCR TAIL COUNTY \
M/ Cemml»lo<i CipirH July IMS 1
tjjjiiMilirfr ' .............................
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t thla Inatrumanl ahnuld
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THIS INSTRUMENT WAS DRAFTED BY IN AME AND ADDRESS)
John F. I'torreale, Atty.
A49 Taft Ave.
Glen Ellyn, IL 60137
.^09'
• 0
SnVATED IN OTTER TAIL COUNTY, STATE OF MINNESOTA.
niAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 132, RANGE 43,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; 'THENCE SOUTH 89 DEGREES 34 MINUTES 0/ SECONDS EAST (ASSUMED BEARING)
ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A
DISTANCE OF 1106.52 FEET TO THE POINT’ OF BEGINNING; THENCE CONTINUING SOUTH 89
DEGREES 34 MINUTES 07 SECONDS EAST ALM«3 THE NORTH LINE OF SAID SECTION 1 A
DISTANCE OF 268.45 FEET TO THE SOUIHl.’EST CORNER OF SECTION 31, TOWNSHIP 133 NORTH, RANGE 42 WEST* THENCE SOUIH 01 DEGREES 47 MINUTES 52 SECONDS WEST A
DISTANCE OF 873.05 FEET; THENCE SOUTH 83 DECREES 48 MINUTES 59 SECONDS EAST A DISTANCE OF 213.89 FEET; THENCE SOUIH 02 DEGREES 59 MINUTES 14 SECONDS WEST A
DISTANCE OF 444.21 FEET TO THE SOUIH LINE OF SAID NORTHWEST QUARTER OF T'HE
NORTHEAST QUARTER; THENCE NORTH 88 DEGREES 13 MINUTES 38 SECONDS WEST ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF
221.32 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE NORTH 88 DEGREES 17 MINUTES 04 SECONDS WEST ALONG THE SOUTH LINE
OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE 01 763.36 FEET;
THENCE NORTH 04 DEGREES 49 MINUTES 04 SECONDS EAST A DISTANCE OF 319.57 FEET;
THENCE NORTH 56 DEGREES 48 MINUTES 44 SECONDS EAST A DISTANCE OF 125.34 FEET;
THENCE NORTH 00 DEGREES 42 MINUTES 29 SECONDS WEST A DISTANCE OF 395.91 FEET;
THENCE NORTH 88 DEGREES 36 MINUTES 36 SECONDS EAST A DISTANCE OF 409.18 FEET;
THENCE NORTH 01 DEGREES 57 MINUTES 49 SECONDS EAST A DISTANCE OF 519.05 FEET TO
THE POINT OF BEGINNING; CONTAINING 18.45 ACRES, MORE OR LESS; SUBJECT TO AN EASEMEOT FOR TOWNSHIP ROAD PURPOSES ALONG THE NORTH LINE THEREOF; ALSO SUBJECT
TO EASEMENTS OF RECORD, IF ANY.
■
November 6, 2008
Page # 2
Leslie G. Hansen - Approved the variance application as modified. (6:22 p.m.)
Leslie G. Hansen, Lot 1 Block 1 Squires Addition and part of Government Lot 3, Section 13 of Rush Lake Township
by Rush Lake requested the following: to have lot declared buildable for residential, use. Squires Addition Lot 8
recorded July 18. 1975. Additional 11,604 square feet purchased/recorded June 30, 2006 which is permanently
attached to Lot 8. Total parcel Is approximately in area 203’ by 155.45’. or 31, 557 square feet. Required size is
40,000 square feet of area and 200’ of width. The audience was polled with no one speaking for or against the
variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Michael'Harris
and unanimously carried, to declared Lot 8 Block 1 of Squires Addition and that portion of Government Lot 3 as a
buildable lot for non-residentlal structures. It was noted that there are not any residential structures oh back lots in
this immediate area.
Calvin L. and Cheryl R. Larson - Approved the variance application as requested. (6:26 p.m.)
!Calvin L. and Cheryl R. Larson, part of the Northeast Quarter of the Northwest Quarter and part of the Northwest
Quarter of the Northeast Quarter, Section 1 of Buse Township requested the following; to split out 2.5 acres from an
18.45 acre tract. The split is required to build on less than 5 acres due to wetland in question. We would like to build
a house on this parcel. Chris Johnson appeared with the applicant at the public hearing. Mr. Johnson is the potential
purchaser of the proposed 2.5 acre tract. The audience was polled with no one speaking for or against the variance
as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and
carried with Michael Harris voting no, to approve a variance to subdivide 2.5 acres from an existing 18.45 acre parcel.
It was noted that the proposed parcel does have adequate room for a septic system.
Gerald and Stella Fligge - Tabled. (6:32 p.m.)
Gerald and Stella Fligge, Lot 5 Block 1 Tradewell’s Woodlands, East Lost Lake in Sverdrup Township requested the
following: We are proposing to build a 70’ by 28’ house, which includes an attached garage, it will have a 12’ by 28’
deck on the lake side. The proposed location of the structure is within the 30’ setback from the top of the bluff (within
the bluff impact zone). The location does meet the other setback regulations. James Fligge represented the applicant
■ at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, with
the applicant’s verbal permission, to table this request until the next scheduled meeting of the Board of Adjustment to
provide the applicants with an opportunity to determine the legal status of the road and to have the'top.of the bluff
established.
Mark Nyquist - Denied. (6:48 p.m.)
Mark Nyquist, Lots 8, 9 and 10 Block 1 Blyberg’s Point, Bass Lake in Dunn Township requested the following:
Proposing to locate a19’ high water oriented accessory structure (gazebo) on our property. The proposed structure
will exceed the height requirement by 9’ (required height is 10’). Our proposed water oriented accessory structure will
be located 67’ from the ordinary high water level. The square footage of the structure will be 214 square feet and is
not exceeding the required 260 square foot. The audience was polled with no one, speaking for or against the
variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer
and unanimously carried, to deny the variance as requested as no adequate practical.difficulties/hardships had been
shown that would allow for the granting of the variance as requested, the applicant can obtain a reasonable use of his
property without the granting of the variance as requested, the variance as requested is a substantial yariation from
the requirements of the ordinance that would substantially, change the character of the neighborhood and based upon
the inforrhation available at the hearing it would appear that there is a legal location for the placement of the structure.
Dwane Martinson - Approved the variance application as requested. (7:05 p.m.)
□wane Martinson, Lot 13 of Government Lot 2, Section 28 of Lida Township by Lake Lida requested the following:
Existing dwelling setback is 72’ from the ordinary high water level. Request to remove roof over east 20’ of dwelling
and lake side porch and install new roof with 8/12 pitch. Kevin Soberg, Contractor appeared vyith the applicant at the
public hearing. The audience was polled with no one speaking for or against the variance as requested. After,
consideration and discussion, Paul Larson made a motion, second by Joe Maske and unanimously carried, to
approve the variance as requested for the roof replacement project noting that the proposed project is repair to an
existingstructure. -
■1
We feel our building site is more than adequate. We feel the
prosperity of the site is close enough to town that eventually it will be
annexed into city limits. We feel the building of our house will have no
interference in wetland area. Also we feel the wetland area in question is so
small it has no significance in this case.
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
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:
Calvin L and Cheryl R. Larson
2620 Main St
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, November 6, 2008 at 6:00 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 the Northeast Quarter of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter,
Property Address - 2620 Main St.
Section 1, Township 132, Range 43 - Township Name - Buse
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is -
the following: to split out 2.5 acres from an 18.45 acre tract. The split is required to build on less than 5 acres due to wetland in
question. We would like to build a house on this parcel.
Wayne Stein
Board of Adjustment Secretary
Date: October 17, 2008
FINDINGS OF FACT
SUPPORTING/DENYING AN AREA VARIANCE
An area variance may be granted only where the strict enforcement of county zoning controls will result in
“practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the
following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter
Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.:
Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?
Will the request have an adverse effect on government services? Why or why not?2.
Will the requested variance effect a substantial change in the character of the neighborhood or will it result in
a substantial detriment to neighboring properties? Why or why not?
3.
Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in
the analysis under this factor) Why or why not?
4.
How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5.
Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6.
Does existing sewage treatment need upgrading?7.
Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the
neighborhood?
8.
In light of all of the above factors, would denying a variance serve the interests of Justice? Why or why not?
The BOA should weigh and balance each of the elements when deciding whether the variance application should be
granted.
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510FirAveW
Fergus Faiis, MN 56537
(218)998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
I
I
Applicant and/or applicant’s representative must be present at the scheduled hearing.
;
, To Whom It May Concern:
•' I , ■ ' ‘Galvin L and Cheryl R. Larson
\ 2620 Main St
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, November 6, 2008 at 6:00 p.m.,
■ in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
J entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals
I 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 the Northeast Quarter of the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter,
Property Address - 2620 Main St.
Section 1, Township 132, Range 43 - Township Name - Buse
Lake No. 56-NA, Lake Name - NA, Class - NA
■!
The variance requested is -
i the following: to split out 2.5 acres from an 18.45 acre tract. The split is required to bdild on less than 5 acres due to wetland in
( question. We would like to build a house on this parcel.
! Date: October 17, 2008
‘Wayne Stein ;
Board of Adjustment Secretary
-i
I
J’
I
OTTER TAIL COUNTY
Fergus Falls, Minnesota\
State of Minnesota )
)SSV •
j County of Otter Tail)
I I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 20th, day of October, 2008 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Calvin L and Cheryl R Larson, 2620 Main St, Fergus Falls, MN 56537
I Carolyn Sund, Twp Clerk of Buse, 18040 County Highway 2, 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
Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji,|MN 56601
Town ClerkI
Board of Adjustment:
■h
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
I Joe Maske, 14833 Lake Oiaf Rd S, Pelican Rapids, MN 56572
by placing a true and correct copy thereof in a seaied 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: October 20th, 2008 !
...Wayhe Stein, Secretary
Otter Tail County Board of Adjustment
0-<lBy:
Vi Manderud
I
¥l|VA^|LDALSEIDE
26434 520TH AVE
; MORRIS MN 56267 4333
MARK SAND & GRAVEL COMPANYCALVIN L & CHERYL R LARSON
2620 MAIN ST E
FERGUS FALLS MN 56537 3836 PO BOX 458
FERGUS FALLS MN 56538 0458
; CHARLES H MEYER
. I 24305 RIDGEWOOD CIR
FERGUS FALLS MN 56537 8277
OTTER TAIL CORPORATION
PO BOX 496
FERGUS FALLS MN 56537 0496
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10/12/2008LIST PARCELS IN BUFFER
Addr2 Addr3Parcel Number Sortname Street AddrNamelName2
03000310231000 IDALSEIDEJVAN L
06000010001000 MEYER.CHARLES H
06000010001001 LARSON,CALVIN L & CHERYL R
ilVAN L DALSEIDE 26434 520TH AVE
24305 RIDGEWOOD CIR
2620 MAIN Sf liCALVIN L & CHERYL R LARSON
06000010003003 IMEYER,CHARLES H 24305 RIDGEWOOD CIR iOHARLES H MEYER
iPO BOX 4580^00010008000 MARK SANI^ GRAVEL COMPANY____!MARK SAND & GRAVEL COMPANY
06000010009000 MARK SAND & GRAVEL COMPANY MARK SAND & GRAVEL COMPANY PO BOX 458
PO BOX 496 :71002500139000 OTTER TAIL CORPORATION
71002500139002 OTTER TAIL CORPORATION
OTTER TAIL CORPORATION
PO BOX 496 IOTTER TAIL CORPORATION
Page 1
10/12/2008LIST PARCELS IN BUFFER
CSZ Country
MORRIS MN 56267 4333
FERGUS FALLS MN 56537 8277
FERGUS FALLS MN 56537 3836 [
FERGUS FALLS MN 56537 8277
FERGUS FALLS MN 56538 0458
FERGUS FALLS MN 56538 0458 i
FERGUS FALLS MN 56537 0496 i
FERGUS FALLS MN 56537 0496 i
Page 2
10/12/2008Buffer Mail
CountrySortnameCSZNamelName2Street Addr Addr2 AddrS
iMORRISMN 56267 4333
'FERGUS FALLS MN 56537 3836
:26434 520TH AVEDALSEIDE.IVAN L ilVAN L DALSEIDE
LARSON,CALVIN L & CHERYL R 'CALVIN L & CHERYL R LARSON 2620 MAIN ST E !
MARK SAND & GRAVEL COMPANY iMARK SAND & GRAVEL COMPANY IPO BOX 458 FERGUS FALLS MN 56538 0458
IfERWs FALLS MN 56537 8277124305 RIDGB^ODCIR IMEYER,CHARLES H iCHARLES H MEYER
PO BOX 496 FERGUS FALLS MN 56537 0496OTTER TAIL CORPORATION OTTER TAIL CORPORATION
Page 1
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # Otopoovi ooo I oo \
described in my U ft ^ 1eg___________________
dated to !^
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree'to
waive the 60-day time limit in order to allow time for the , Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
Application
. As a result, it may not be possible for
/g/d?
DATED
jo
OPERTY OWNER
11-02-04
Mbowman forms-apps waiver 60 day rule