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HomeMy WebLinkAbout35000180172001_Variances_11-29-2017Date Stamp WGV 2 <r 2017 1203963Swita'***^itJ CAROL SCHMALTZ COUNTYrecorder/registrar Of titles FERGUS FALLS, MN recorded on 03/19/2018 03;34 PM FEE: 46.00 PAGES 2WELL CERTIFICATE RECD: N ;r—boCO LO L&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: www.co.ottertail.mn.us Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date PROPERTY OWNER Ors) ci 1 l^c\re 'b DAYTIME PHONE.^\9,'3^2-C^(o \ ,-V-^ ip\ ^ 5^tg$~ 71___________ o~c^3 MAILING ADDRESS 2)1 $ H(j? C N/yLAKE NUMBER LAKE NAME tAKE-etA«S^ RANGE o3 f' TOWNSHIP NAME P M ^I3iSECTION / ^ TOWNSHIP PARCEL NUMBER address3 I733 5W Hu;h \09 m-Ki-Ac4\, gfoS7l R2S'dOoi^o{moo I LEGAL DESCRIPTION /I c fz^o 5 of w l<zo * TYPE OF VARIANCE REQUESTED (Please Check) Subdivision X ClusterStructure Setback Structure Size Sewage System WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. orJl 1 rvxrvte, /.OS cu:re.<, 5./L «.crre. pr-^rca ia)\Hvc^+ TU. re-h..iyS p<;~rc;e| txce^Q -tV«. JivS? c\cr«_ rec,uvrt<^^: "Vo ClWcuo +KiS I cl" "Vo 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. 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 k JVr —^ TimeDate Of Hearing Motion Randy and Karen Dorow - Variance application approved with conditions. (6:34 p.m.) After consideration and discussion, Darren Newville made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as described in the variance application dated November 28, 2017 and as depicted on the drawing submitted with the application with the following conditions: 1.) a registered surveyor’s drawing must be presented at the time of conveyance and 2.) an easement providing ingress and egress to both parcels must be officially recorded. The variance as approved is consistent with past decisions of the Board and will provide the applicant with the ability to separate the residential portion of the property from the commercial portion. The hardship/practical difficulty is that the commercial portion of the total acreage occupies more than 2.5 acres making it impossible to create two 2.5-acre parcels. The variance as approved does not directly or indirectly grant any other variances for future development.--•,v Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No K. 1. X.. jCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 072011-001 MINUTKS OF TllK MKETINC OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMEM Thursday, March 8, 2018 The Otter Tail County Board of Adjustment met Thursday, March 8, 2018, with the following persons in attendance: Thomas Lee Chris McConn Darren Newville Kyle Westergard, Land and Resource Management Jessica Fosberg, Land and Resource Management Kurt Mortenson, Assistant County Attorney Steve Schierer David Wass (’ailed to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the December 16, 2017 meeting as mailed. Chair and Vice Chair Selection - Steve Schierer, 2017 Chair, called for nominations for Chair of the 2018 Board of Adjustment. Thomas Lee made a motion, second by Darren Newville and carried with Steve Schierer voting no, to elect Steve Schierer as Chair of the 2018 Board of Adjustment. Steve Schierer, 2018 Chair, then called for nominations for Vice - Chair of the 2018 Board of Adjustment. Darren Newville made a motion, second by Chris McConn and unanimously carried, to elect Thomas Lee as Vice - Chair of the 2018 Board of Adjustment. 'he Board of Adjustment considered the following applications for variance: Randy and Karen Dorow - Variance application approved with conditions. (6:34 p.ni.) Randy and Karen Dorow, part of the Northwest Quarter of the Northeast Quarter, Section 18 of Leaf Lake Township, requested the following: Would like a variance to allow this lot to be smaller than ordinance requirements. Request to subdivide approximately 1.08 acres from a 5.16-acre parcel by metes and bounds, without having it surveyed. The retained parcel will exceed the 2.5-acre requirement. Randy Dorow and Brandon Menze represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as described in the variance application dated November 28, 2017 and as depicted on the drawing .submitted with the application with the following conditions: 1.) a registered surveyor’s drawing must be presented at the time of conveyance and 2.) an easement providing ingress and egress to both parcels must be officially recorded. The variance as approved is consistent with past decisions of the Board and will provide the applicant with the ability to separate the residential portion of the property from the commercial portion. The hardship/practical difficulty is that the commercial portion of the total acreage occupies more than 2.5 acres making it impossible to create two 2.5-acre parcels. The variance as approved does not directly or indirectly grant any other variances for future development. Michelle and Timothy Richard - Variance application denied. (6:40 p.m.) Michelle and Timothy Richard, Lot 2 Northland Beach First Addition, Pelican Lake in Dunn Township, requested the following: Requesting a variance to erect a detached garage on existing driveway which exceeds lot-line setback and the impervious surface percentage. Requested setback to be 2’ from property line and impervious surface to be 32%. Note: current/Existing impervious surface is 31.3%. Michelle and Timothy Richard represented the application at the public hearing. An unsigned letter from a Dunn Township Resident in opposition to the variance as requested was read for the record. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Chris McConn made a motion, second by David Wass and unanimously carried, to deny the variance as requested noting that the variances which were granted at the November 9, 2017 Board of Adjustment meeting does provide the applicants with a reasonable use and enjoyment of their property and also, noting that no hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. Members of the Board considered the proposed 2’ separation from the lot line as a setback that would make maintaining the structure difficult and they also noted that the applicants have already been approve to exceed the allowable imperious surface area by 5% and at this hearing did not find any practical difficulty that would justify granting more impervious surface coverage. SCALE DRAWING FORMXI ^17^3 lOgIhS'-oa.o-1I j. I Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feeT), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back).o3s^5Vc. / f T / J V /iM'yc / 7^0'Scale I (fIQS - I 5bp;5 VB\JEd "'2S2D1? '^^Esomce r ;/&?(53 71 o's;-. I a_!¥S<1-i SC if'PaaL 1 % T W( t9o' i1 ll-^^2o'7 I II I 1 . L I ! 1r I i I -i i ! //'S8~nDatergnature of Property Owner .160.800 • Vii^tol Lundeen Co. Printers • Ferqiis Palls. MN • 1.800-346-lBrOBK —042016 ! IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): ,XOo ^ X 3^^ Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft^ Dwelling Deck(s)iXA. -7TAttached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier)A?-';;" Miscellaneous gOTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft^Total Buildings 100+•r X =r Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^ 100+-r X =: Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date otter Tail County Web Map httpi//Mfww.c(f frttpr-tniUpn.us N A RECEIVED HOV 23 2017 LAND&RESOORCf ;31760 STATE HWY108 HENNINGooo 35000070057000VOLD O 7 Pt^ ooooLf) n ROV I ^1723 STATE HWY 108 HENNING1'“ 35000180174006 iI,I ^3l'^Sft}l¥^W948 HENNINGI 61 118 35000180172000 CO oo 35000180172005'srrv oCO tH o ,31846 CO HWY 61oI.4O Lf) m 0.02 0.01 0.02 Miles)Not a legal document. For Reference Use Only. Accuracy is not guaranteed.pm.RTiiii 1186055 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 01/20/2017 12:29 PM No delinquent taxes and transfer entered: Certificate of Real Estate Value ( lulled ( ) not required ^ Cert, of Real Estate Value No.^ o=>^ CDC^CO CD cog FEE: 96.00 PAGES 7 WELL CERTIFICATE REC'D: YfAoin • (Year Wayne Stein, County Auditor/TreasurerICO ->-/?-0/7A-Oo / Deputy CONTRACT FOR DEED MORTGAGE REGISTRY TAX DUE HEREON: $N.A. Date:^f TOAgie . 2015 THIS CONTRACT FOR DEED is made on the above date by Richard Dorow and Gloria Dorow, married to each other, Seller (whether one or more), and Randy Dorow and Karen Dorow, Purchasers, as joint tenants. Seller and Purchasers agree to the following terms: 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchasers hereby buy, real property in Otter Tail County, Minnesota, described as follows: The East 405 feet of the West 700 feet of the North 555 feet of the Northwest Quarter of the Northeast Quarter in Section 18, Township 134, Range 38. together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by Purchasers pursuant to paragraph 6 of this contract; and (e) the following liens or encumbrances: None 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchasers' prompt and full performance of this contract. Seller shall; (a) Execute, acknowledge and deliver to Purchasers a Warranty Deed, in recordable form, conveying marketable title to the Property to Purchasers, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchasers have created, suffered or permitted to accrue after the date of this contract; and otter Tail County, Minnesota 1186055 1 of? (Hi) The following liens or encumbrances: None (b) Deliver to Purchasers the abstract of title to the Property or, if the title is registered, the owner's duplicate certificate of title. 4. PURCHASE PRICE. Purchasers shall pay to Seller, at their direction, the sum of Two Hundred Fi^-Five Thousand and no/100ths Dollars ($255,000.00), as and for the purchase price for the Property, payable as follows: $255,000.00 Balance, payable according to the foliowing schedule; $3,079.97 payable on the 1st day of November, 2015, and $3,079.97 payable on the 1st day of each succeeding month until the principal balance, together with accrued interest thereon, shall be paid in full. Interest shall accrue on the unpaid principal balance from the date hereof, at the rate of two percent (2%) per annum. Payments made herein shall first be credited to interest and the balance to principal. 5. PREPAYMENT. Unless otherwise provided in this contract, Purchasers shall have the right to fully or partially prepay this contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this contract, including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. 6. REAL ESTATE TAXES AND ASSESSMENTS. Purchasers shall pay, before penalty accrues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable in the year 2015 and in all subsequent years. Real Estate taxes and installments of special assessments which are due and payable in the year in which this contract is dated shall be prorated. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this contract is dated are paid in full. 7. PROPERTY INSURANCE. (a) INSURED RISKS AND AMOUNT. Purchasers shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured with Special Form Perils coverage formerly All-Risk coverage including loss by fire, extended coverage perils, vandalism, malicious mischief and, if applicable, steam boiler explosion for at least the amount of full insurable value. If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area. Purchasers shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchasers or Seller, and that Seller shall othenvise otter Tail County, Minnesota 1186055 2 of 7 be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchasers shall promptly give notice of such damage to Seller and the insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchasers under this contract, even if such amounts are not then due to be paid, unless Purchasers make a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payrtient shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance of insurance proceeds, if any, shall be the property of Purchasers. (b) PURCHASERS' ELECTION TO REBUILD. If Purchasers are not in default under this contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise, Purchasers may elect to have that portion of such insurance proceeds necessary to repair, replace or restore the damaged Property (the repair work) deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchasers. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the repair work are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchasers, Seller and Purchasers shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work. Purchasers shall, before the commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the repair work. Purchasers shall at all times be responsible to pay the full cost of the repair work. All escrowed funds shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchasers into such escrow before the commencement of the repair work. Purchasers shall complete the repair work as soon as reasonably possible and in a good and workmanlike manner, and in any event the repair work shall be completed by Purchasers within one year after the damage occurs. If, following the completion of and payment for the repair work, there remain any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchasers under this contract in accordance with paragraph 8(a) above. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY. (a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date;of this contract to any person or persons or property otter Tail County, Minnesota 1186055 3 of 7 while on or about the Property. Purchasers shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorneys' fees, on account of or arising out of any such injuries. However, Purchasers shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchasers shall, at their own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. INSURANCE, GENERALLY. , The insurance which Purchasers are required to procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchasers at all times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchasers shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchasers under this contract, even if such amounts are not then due to be paid. Such amounts shall be applied first to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance, if any, shall be the property of Purchasers. 12. WASTE, REPAIR AND LIENS. Purchasers shall not remove or demolish any buildings, improvements or fixtures now.or later located on or a part of the Property, nor shall Purchasers commit or allow waste of the Property. Purchasers shall maintain the Property in good condition and repair. Purchasers shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or daim against Seller's interest in the Property. Purchasers shall pay to Seller ail amounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens or adverse claims. 13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchasers' full performance of this contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchasers. The mortgage registry tax due upon the recording or filing of this contract shall be paid by the party who records or files this contract; however, this provision shall not impair the right of Seller to collect from Purchasers the amount of such tax actually paid by Seller as provided in the applicable law governing default and service of notice of termination of this contract. y Otter Tail County, Minnesota 1186055 4 of 7 14 HAZARDOUS SUBSTANCES, PETROLEUM PRODUCTS AND UNDERGROUND STORAGE TANKS. Seller knows of no hazardous substances or petroleum products having been placed, stored or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time. 15. PROTECTED SITES. Seller has no knowledge that the property has any conditions that are protected by federal or state law (such as American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical structures or materials or archeological sites): 16. NOTICE OF ASSIGNMENT. If either Seller or Purchasers assign their interest in the Property, a copy of such assignment shall promptly be furnished to the non-assigning party. 17. PROTECTION OF INTERESTS. If Purchasers fail to pay any sum of money required under the terms of this contract or fail to perform any of their obligations as set forth in this contract. Seller may, at Seller's option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this contract, as an additional arhount due Seller under this contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lieri or encumbrance against the Property which is not herein expressly assumed by Purchasers, and provided Purchasers are hot in default under this contract. Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchasers may, at their option, pay any such delinquent amounts and deduct the amounts paid from the installment(s) next coming due under this contract. if 18. DEFAULT. The time of performance by Purchasers of the terms of this contract is an essential part of this contract. Should Purchasers fail to timely perform any of the terms of this contract. Seller may, at Seller's option, elect to declare this contract cancelled and terminated by notice to Purchasers in accordance with applicable law. All right, title and interest acquired under this contfactjby Purchasers shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchasers pursuant to this contract shall belong to Seller as liquidated damages for breach of this contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law. Purchasers shall, upon demand. Surrender possession of the Property to Seller, but Purchasers shall be entitled to Possession of the Property until the expiration of such period. 19. BINDING EFFECT. The terms of this contract shall run with the land and bind the otter Tail County, Minnesota 1186055 5 of 7 parties hereto and their successors in interest. 20. HEADINGS. Headings of the paragraphs'of this contract are for convenience only and do not define, limit or construe the contents of such paragraphs. 21. ADDITIONAL TERMS: A. Purchasers may not sell, convey, assign or othen/vise transfer, directly or indirectly, either voluntarily or involuntarily by levy, execution, garnishment or operation of law, any interest in the property described herein or this Contract for Deed, without having first paid the entire unpaid principal balance and accrued interest due hereon. B. Purchasers shall not create or permit to be created or to remain, and shall discharge when due any lien, encumbrance or charge levied on account of any mechanic's, laborer's or materialman's lien, which might or does constitute a lien, encumbrance or charge upon the Property, or any part thereof, or the income therefrom, whether prior or subordinate to the interest of the Seller. Purchasers acknowledge their inspection of the Property and the improvements and fixtures thereon and accept the Property together with all improvements, personal property, appliances, buildings, fixtures and electrical, plumbing and heating systems located thereon in "as is" condition and there are no other oral or written representations, warranties or guaranties, express or implied and SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF PHYSICAL CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LEASED PROPERTY. SELLER SHALL HAVE NO FURTHER RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PHYSICAL CONDITION OF THE PROPERTY. C. D. Purchasers shall make no improvements, alterations or additions to the Property herein in excess of $1,000.00 without the written consent of Seller, which consent will not be unreasonably withheld by Seller if Purchasers provide sufficient proof that such improvements, alterations or additions will be fully paid for. PURCHASERSSELLERS £rO(ro(J Ran(^ DoiRichard Dorow Gloria Dorow Karen Dorow otter Tail County, Minnesota 1186055 6 of 7 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this day of ■ 2015, by Richard Dorow and Gloria Dorow, married to each other, Sellers. TERRYA. KARKELA : NOTARY PUBLIC-MINNESOTA My Commission Expires JAN. 31,2020m+Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this 1day of (Dc^TO 2015, by Randy Dorow and Karen Dorow, a§.joint tenants. TERRYA. KARKELA NOTARY PUBLIC-MINNESOTA' My Commission Expires JAN. 3l, 2020 Notary Public mm Tax Statements for the real property described in this instrument should be sent to: Randy and Karen Dorow 31846 County Hwy 61 Ottertail MN 565 71 THIS INSTRUMENT WAS DRAFTED BY: KARKELA, HUNTS CHESHIRE, PLLP 450 West.Main Perham, MN 56573 (218) 346-4995 (TAK/pan) FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES PRIORITY OVER PURCHASERS' INTEREST IN THE PROPERTY. otter Tail County, Minnesota 1186055 7 of 7 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER Tflil Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Randy and Karen Dorow 31846 County Highway 61 Ottertail, MN 56571 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, March 8, 2018 at 6:30 p.m. in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the 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 Northwest Quarter of the Northeast Quarter, Property Address - 31723 State Highway 108 - 56571 Section 18, Township 134, Range 38 - Township Name - Leaf Lake Lake No. - N A, Lake Name - NA, Class - N A The variance requested is the following: Would like a variance to allow this lot to be smaller than ordinance requirements. Request to subdivide approximately 1.08 acres from a 5.16-acre parcel by metes and bounds, without having it surveyed. The retained parcel will exceed the 2.5-acre requirement. ‘Wayne Stein Board of Adjustment Secretary February 19, 2018 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 22nd, day of February, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Randy L & Karen Dorow, 31846 County Highway 61, Ottertail, MN 56571 9630 ' Kristy Thalmann, Twp Clerk of Leaf Lake, 31340 State HWY 108, Ottertail, MN 56571 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 Darren M Newville, 614 6**’ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 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, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: February 22nd, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud EVANG LUTH ST JOHNS CONG 31963 COUNTY HIGHWAY 61 OTTERTAIL, MN 56571-9630 ROBERT LEADERS TST ET AL 31468 COUNTY HIGHWAY 61 OTTERTAIL, MN 56571-9630 RANDY L & KAREN DOROW 31846 COUNTY HIGHWAY 61 OTTERTAIL, MN 56571-9630 MICHAEL C ET AL MENZE 31577 PORTAGE LOOP OTTERTAIL, MN 56571-9632 RD OFFUTT CO PO BOX 7160 FARGO, ND 58106-7160 MICHAEL C & DENISE A MENZE 31577 PORTAGE LOOP OTTERTAIL, MN 56571-9632 ST JOHNS LUTHERAN CHURCH 31963 COUNTY HIGHWAY 61 OTTERTAIL, MN 56571-9630 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USorrcR nil GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE % THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 1^^ & MARCH 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 ________), described Application(s) dated property/project (Tax Parcel # RSSooolifo 171^6 ! \/Ar\(xcvCg-____________on my _ Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: [3^ I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). ERTY OWNERDATEDPR' LR: Forms: Waiver 60 Day Rule 02-21-2017