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HomeMy WebLinkAbout35000310253000_Variances_07-12-2000OFFICE GF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that ^ this instrument # nooxbil- wes filed/recorded in this office for r^ord on the _/0—day of 2000 at 3-3Q-^rnl^ Wendy LdMetcalf, ^untyj^coj^ej^ ^ ^ by; _(I M - -1—&ydl~P r^fecordi^ fee a well certificate 868160 yo THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 OC'*** COMPLETE THIS APPLICATION IN BLACK INK***m-Application Fee Receipt Number PROPERTY OWNER MiC.Ha6.L C. ^ T>ei.V»iJ f^6AJ2.g, o"r-ffeg.-TML r^f^. Zi e>-3^7- HDAYTIME PHONE ADDRESS I^K 2 ’SoK (all M/A At//4/uMLAKE NUMBER LAKE NAME _____LAKE CLASS Lg-Ap LAkie.RANGE TOWNSHIP NAMESECTION 3\TOWNSHIP _FIRE / U^KE I.D. NUMBER 1 MiL6. CK Col f 112. ,eMi-KoA.o East p*»pex.Ty tio^ PARCEL NUMBER 3^000'^ Io2.g3«»«>o LEGAL DESCRIPTION - pAecE.L «5?e^‘1'OKj 3\ , , “eAtAtag ©58 <--\oR.TW£a5>T 78.81 Acee^ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size___Sewage System____Subdivision ^ Cluster Misc. SPECIFY VARIANCE REQUESTED ’XAAC.’T "'Th.Lj&.CO^f^UtJ ICA‘T»o*-d. Qt«/4.A -T//6_ tzectmAea z,s 'TkAe^'f, tu Auso (vTOTiy; ^auoall at 'To 7o7 LaI^ Dr2/ve ’Oer<ec^T S&SO / 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. \ 7//^ /2i o iy SIGNATURE OF PROPERTY dWNER ^DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 2-^'^ fxfeeis 3 ) 2.^^^ I^robo^yi / 7/fj/gOAccepted By Land & Resource L & R OfTicial/Date //o?//cPOZ>Date Of Hearing Time Motion Michael C. and Delvin Menze - Approved with condition. Motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance to subdivide a 1.2 acre tract, by metes and bounds description, from an existing 78.81 acre parcel for a telecommunication building, with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the parcel has public road access and is large enough for its planned use. Chdfirman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X_No '^iietynmUA tkcM> u>ith m Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota August 3, 2000 Page 5 Mark and Kim Kurtz - Approved with modification/condition. Mark and Kim Kurtz, Andover, MN, requested a variance of 23 to 32’ from the required ordinary high water level setback of 75’ for the addition/replacement of a 12’ by 24’ deck with a 12’ by 11’ 8” screen porch on top of the deck, approximately 43 to 52’ from the ordinary high water level. The property is described as part of Lots 14 and 15, Williams Reese’s Lake Shore, Rush Lake in Rush Lake Township. Letters from James and Madonna Lanpher, Bruce and Elaine Kennedy and S. Simon opposing the applicants’ request were read for the reoord. The audience was polled with Lew Plenty and Madonna Lanpher expressing concerns with the applicants’ request. After consideration, motion was made by Steve Schierer, second by Cecil Femling, and unanimously carried, to approve the proposed porch/deck addition being no closer to the ordinary high water level than the existing 28’ by 32’ dwelling, with the condition that the previously completed work must be brought into compliance by October 31, 2000. It was noted that the existing setback distance must be maintained. Michael C. and Delvin Menze - Approved with condition. Michael C. and Delvin Menze, Ottertail, MN, requested a variance to subdivide a 1.2-acre tract, by metes and bounds description, from an existing 78.81-acre parcel for a telecommunication building. Minimum size required for metes and bounds parcels outside of the shoreland area is 2.5 acres. The property is described as the West Half of the Northeast Quarter, Section 31 of Leaf Lake Township. Randall Byars and Tomas Wolfran appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance to subdivide a 1.2 acre tract, by metes and bounds description, from an existing 78.81 acre parcel for a telecommunication building, with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the parcel has public road access and is large enough for its planned use. Dale Otto Tjaden - Denied. Dale Otto Tjaden, Fergus Falls, MN, requested a variance of 30’ from the required ordinary high water level setback of 100’ for the placement of 24’ by 32’ dwelling 70’ from the ordinary high water level (river), a variance of 35’ from the required wetlands setback of 50’ and a variance of 10’ from the required lot line setback of 10’ for the plaoement of a sewer system 15’ from the wetland and for the placement of septic tanks up to the lot line. The property is described as a 7.10-acre tract in Government Lot 7, Section 29 of Aurdal Township by the Otter Tail River. A letter from Terry and Nancy Black opposing the applicant’s request was noted for the record. The audience was polled with Terry Black and Carol Melby expressing concerns with the applicant’s request. After consideration, motion was made by Cecil Femling, second by Richard Sha and unanimously carried, to deny the variance as requested noting that at the present time the applicant does have a reasonable use his property. Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Randall Byars Pine to Palm 702 West Lake Dr, Detroit Lakes, MN 56501 Michael C. and Delvin Menze RR 2 Box 677 Ottertail, MN 96571-9606 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 3, 2000, at 8:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 the West Half of the Northeast Quarter, Fire # Section 31, Township 134, Range 38 - Township Name - Leaf Lake Lake No. 56-NA, Lake Name - NA, Class - NA The variance requested is; a variance to subdivide a 1.2 acre tract, by metes and bounds description, from an existing 78.81 acre parcel for a telecommunication building. Minimum size required for metes and bounds parcels outside of the shoreland area is 2.5 acres. a 1Date: July 14, 2000 Board o^djustment Secretary 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 17th, day of July, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Randall Byars, Pine to Palm, 702 West Lake Dr., Detroit Lakes, MN 56501 Michael C. and Delvin Menze, RR 2 Box 677, Ottertail, MN 56571-9606 Mary Jane Meyer, Leaf Lake Twp Clerk, RR 2 Box 197, Henning, MN 56551 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Richard Sha, RR 1 Box 83, Vergas, MN 56587 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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: July 17th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment ~C_ABy: Vi Manderud ' %DONALD HELLS , ER 2 BOX 191 HLHlilWG, RH 56551-9623 riiCHALL C 3.: DELVIH HEHZE ; RR 2 BOX 677 OTTERTAIL, MH 5657'l-9606 \ : RICHARD n FROBOH RK 2 BOX 192 HEMMING, MM 56551-9624 ;■ 1 "i.r, cn OlOTTERTAIL SITE I INCH = 1/4 MILECO COO(D cro 46 24* -r -V \.1 fI\ =?>*■ MM I"1 O\(O’'c.a:oV V- i ^ » ■*D OrIro CR 132TWPRD415 ST. no "{N> -o> 0I•^ Acefc'v -j?Ke pc.e.'ry of K\xciaAfcU c. Mfoze. Au.p» p>twiu fv/vfj4z£- '<■ (O}a:II o , fsi i 1 iIIr I g 1999neLotnic. Street Adai USA L..,i/n. OTTERTAIL SITE I INCH = 1 MILE i.mm. iI1 i\X.:\N *? ' s -■sil;''." CRS2"iy Ntertaih \■Ciro).ireli( IaH tX■:I(7B \§3%’ ; 'rl,K57C • Vs# j "-<5^ '■b- * \•• “x/?Tr \; ix \1 'T‘•'hxJir 1 /icamfZlfc^lL La\ej>L5TJi i^/ixr5:s£"iVj3<I4624‘I o^ w lil rT'LJ^'''.'' 'i +i.IP V/.XS>;*.VA J>-'P> ?,■'A0 4\.0^s\-.■'-'J'SX'IVi* S' v-“r^..riT- -r'Gourd Lake •V-V SlW /J/,/>- X*c *i®i|\/4 \ ', - lA C c A 1'^-%... £ A>0- ‘vVI 1^"'AI\\' ^ ■• * p ’ J - "" 'Wi -)f\- %\ t. N ' f J-- \y-"*’ fJ ' P.x-P J ' -p.';l,y" A-.y ■?:\vrvjJir'; \ J'f.7^y/ A-V’ ^&/\:S i.?\a/:0 } '■^ 7^ ■-\'^1 . , > -si \vj-i ...^\' -f\\\//\rj ,y I'Py\:s;4(3®/■ \46 20" ■':> r ;//X.y V IXCS16CRIBiCRIB F' ffii -' SiSi ■■ IN :E X/mm ■210JVX. 'S r\S'V, e 1999 DeLonne. Street Adas USA« ^ ?•i/L 'X.rv^''J; «;:;r^enh[ng MuniW Purchase Option Agreement Tlie option agreement provides the Optionee with tire ability to dO its due diligence and/or obtain development approvals or financing prior to being required to execute a contract with a specific closing date and deliver its deposit. , OPTION given June 2000, by .Delvin Menze and Bette Menze, husband and wife. Michael Menze. a single person; and Donald Neels, a single person, (hereinafter called the Optionor) to WORLDWIDE FIBER NETWORKS, INC./360 Networks (U.S.A.), hic., a Nevada corporation (hereinafter cal led the Optionee). 1. Grant of Option. (a) The Optionor, in consideration of the sum of Five Hundred and No/100 Dollars ($500.00) received from the Optionee, hereby gives the Optionee the exclusive option to purchase (Option), upon the following tenns and conditions, a portion of a certain parcel of land in Leaf Lake To\ynship of Otter Tail County, Minnesota, described as (hereinafter refeired to as the Property), and legally described in Exhibit “A,” attached hereto and made a part hereof Subject to obtaining a warranty deed from Donald Neels, the contract for deed vendor, in partial fulfillment of the contract - for deed dated 6-20-96. *FN1 2, Option period. Tlie Option shall run for Ninety (90) days from the date hereof unless extended(a) pursuant to Section 2(b.) below. (b) At the option of the Optionee, the Option can be extended for an additional period of Ninety (90) days by the pajinent to the Optionor of an additional $500.00 prior to the expiration of the Option period specified in Section 2(a) above. Exercise of Option.3. Tlie Option may be exercised at any time prior to the expiration of the Option period by written notice to the Optionor delivered or mailed by certified mail, return receipt requested, to the Optionor at the address set forth in paragraph 14. * *FN1 - The parties understand that tlie subject premises are presently in crop. The Optionee agrees to pay Optionor for crop damages in the event Optionee does not exercise its option rights pursuant to this agreement. If Optionee does exercise its option riglits pursuant to tliis agreement, then the Optionor agrees that they are receiving good and adequate consideration for any crop damages vdiich may result. Any government program payments, crop insurance, crop proceeds, or other benefits of any sort which may relate to tlie subject property for tlie 2000 crop year shall remain tlie property' of tenant, subject to the above. I r. 4. Purchase Price. Tlie purchase price for the Property is $15,000.00, payable by the Optionee to tlie Optionor as follows: (a) $500.00 (or $1,000.00 if the initial Option period is extended pursuant to Section 2(b) above), the sum paid for the Option, shall be credited against the purchase price. (b) Tlie difference between the sum paid for tlie Option as specified in Section 4(a) above and $1,500.00 (10% of the purchase price), to be deposited into escrow witli tlie Wambach & Hanson Law Office (Escrow Agent) upon exercise of tlie Option. (c) The balance of the purchase price shall be deposited into escrow with the Escrow Agent by certified or bank check or wire transfer after the Option is exercised and on or before the Closing Date. In addition to the price paid by Optionee for the purchase price. Optionee shall also be responsible for any and all closing costs related to this transaction including, but not limited to the following; attorney’s fees, document preparation, survey cost and expenses, abstract preparation, title insurance, recording fees, closing costs, and all other similar costs and expenses. Tlie Optionee is not responsible for income tax consequences which may be incurred by Optionor as a result of tlie sale resulting fi om this option. (d) 5. Failure to Exercise Option. If tlie Optionee does not exercise the Option prior to the expiration of the Option, tlie consideration paid for die Option shall be retained by the Optionor, and neitlier party shall have any fuillier rights or claims against each otlier. 6. Closing Date. The transaction forming tlie subject of this Agreement shall be closed by Optionor within sixty (60) calendar days after the exercise of the Option. Optionor agrees to give Optionee fifteen (15) days prior written notice of the proposed Closing Date. Notice shall be deemed to be given upon receipt by Optionee of Optionor's notice. Closing Documents.7. (a) If the Optionee exercises the Option, the Optionor shall convey title to'the Property to the Optionee or the Optionee's assignee in good and sufficient deed. Such deed shaft be deposited into escrow with the Escrow Agent on or before tlie Closing Date. Prior to the deposit of tlie deed into escrow, a copy of tlie deed shall be submitted to tlie Optionee's counsel for approval. Any costs or expenses pertaining to a title insurance report issued by the ALTA (hereinafter called the title company) in its customary form, agreeing to guarantee the record title to the property to be good in the Optionee subject to only the exceptions stated therein, shall be the sole cost and expense of the Optionee. (b) A preliminary title report in the form of a commitment to issue tlie title policy requested by tlie Optionee shall be ordered from the Title Company by the Optionor iimnediately upon receipt of notice of the exercise of the Option, a copy of which shall be delivered to the Optionee. Within ten (10) days from the receipt of the title report by the Optionee, the Optionee (c) shall notify the Optionor and the Title Company of any restrictions, reservations, limitations, easements, liens, and conditions of record, together collectively called “title defects” disclosed in such title report which are objectionable to the Optionee. Should tlie Optionee so notify the Optionor of any such title defects, the Optionor shall have until the Closing Date to cure or remove them. Should tlie Optionee not notify the Optionor of any such title defects, such defects shall be deemed waived by the Optionee. (d) Tlie Optionor shall also deliver to the Optionee the originals of all leases, notes, mortgages and tenant files and surveys and plans and specifications for tlie Property. Possession. Tlie Optionor shall deliver possession of the Property as of the date of8. transfer of the record title. Right of Entiy.9. For and during the period of the Option, Optionee shall have tlie right fi-om time to time, at Optionee's sole cost, expense, risk, and hazard, and in all such manner as Optionee may reasonably determine, without material damage being imposed upon the Property, to enter upon the Property, to make, or cause to be made, engineering findings in respect thereto, including without limitation, surveying, conducting test borings in order to determine subsoil conditions of ledge, peat, or other soft materials, and, in general, conducting other soil tests, analyses, and studies of the Property. (a) In the event that Optionee exercises its Right of Entry, Optionee agrees to give reasonable notice to any occupant of the Property and to await written acquiescence to so enter. Optionee further agrees to repair within ten (10) days any damage to tlie Property that may result from exercise of the Riglit of Entry. (b) 10. Closing. (a) If, on the Closing Date, the Escrow Agent notifies the parties that: Tlie Title Company will issue a title guaranty policy or title insurance, this transaction shall be closed in accordance with the terms and provisions of this Agreement; (1) or Tlie Title Company will not issue a title guaranty policy or title insurance, and if the Optionor does not forthwith cure the title defects that the Escrow Agent shall recite as preventing such issuance in the form required hereunder, or tlie Optionee does not waive the same, this transaction shall be postponed for a reasonable period of time not to exceed thirty (30) days until the Optionor shall have removed such title defects. If the Optionor is unable oi- refuses to cure such title defects within the tliirty day period, then tliis transaction shall be cancelled, the full amount of the consideration paid for the Option, plus tlie balance of the purchase price deposited with the Escrow Agent, shall be promptly refunded to the Optionee, and tlie documents deposited into escrow shall be returned to the (2) Optionor. The parties shall be released fully from any liability hereunder, except that tlie Optionor shall pay the cost of the escrow and the charges of the Title Company. If the Optionee shall, at its sole and exclusive discretion, waive the title defects preventing such issuance by so notifying the Escrow Agent or if the Optionor shall have cured the same within tlie time permitted above, the obligations of the parties hereunder shall not be affected by reason thereof, there shall be no abatement or reduction of the purchase price, and this transaction shall close in accordance with the terms and provisions of this Agreement, except that such title defects as are waived by the Optionee, if any, shall be set forth as exceptions in the deed and in the title guaranty policy or title insurance, as the case may be. (b) 11. Closing Adjustments. Closing Adjustments shall include rent, utilities, expenses, and real estate taxes and assessments, both general and special, which shall be prorated by the Escrow Agent as of the date the deed is filed for record, using for such purposes the rate and valuation shown on the last available tax duplicate. As set fortli above, the Optionee shall be responsible for all closing costs and expenses. 12. Escrow Agent. (a) On the Closing Date, the Escrow Agent shall file for record the deed and any other instruments required to be recorded, and shall thereupon deliver to each of the parties the funds and documents to which they shall be respectively entitled, together with its escrow statement. (b) The Escrow Agent shall charge the Optionor with: (1) The full amount of rent and real estate taxes and assessments prorated up to and including the date of transfer of title; (2) . Tlie cost of any fuel, utilities and the transfer tax; The cost of paying off and satisfying any mortgage indebtedness on the Property for which the Optionor is liable, together with the cost of any mortgage cancellation, recording fee, or other costs incident to the satisfaction of any such indebtedness; •' (3) One-half of the escrow fee; and(4) All other charges properly borne by the Optionor consistent with the terms(5) of this Agreement. Immediately thereafter, the Escrow Agent shall deliver to the Optionor tlie balance of the funds in its hands due under the terms hereof, and documents due the Optionor. Tlie Escrow Agent shall charge the Optionee with:(c) (1) Any cost of financings tliis'transaction which may be arranged for by the Optionee; (2) The cost of filing tire deed for record; (3) Tlie cost of title insurance; (4) One-half of the escrow fee; (5) Any prorated real estate taxes and assessments charged to the Optionee vyhich have been prepaid, as well as prepaid premiums for insurance policies transferred to the Optionee; and (6) All otlier charges properly borne by the Optionee consistent with tlie terms of this Agreement. hnmediately thereafter, the Escrow Agent shall deliver to the Optionee the title guaranty policy or title insurance, as tlie case may be, the recorded deed or Record's receipt therefore, and any other funds or documents due the Optionee. Broker. Each party agrees to indemnify and hold the other party harmless fi-om any and all costs, expenses, or damages resulting from any claims for brokerage fees or other similar fonns of compensation made by any real estate broker or any other person or entity because of the sale of the Property hereunder. 13. 14. Notices. Any notice whjch may be or is required to be given pursuantto the provisions of this Agreement shall be delivered or sent by certified mail, postage prepaid, return receipt requested, and addressed as follows: If to tlie Optionor, to: Delvin and Bette Menze and Michael Menze Rte. 2, Box677 Ottertail, MN 56571 If to tlie Optionee, to; Carney Padua Worldwide Fiber Networks, Inc./360 Networks (U.S.A.), Inc. 143 Union Blvd., Suite 300 Lakewood, Cb 80228 Benefit. The Optionor or Optionee may assign its rights, duties, and obligations under this Agreement, and the same shall be binding upon and inure to the benefit of tlie Optionor and the Optionee, and their respective heirs, executors, administrators, and assigns. 15. 16. Law/Tliis Option shall be interpreted under the laws of the State of Minnesota. 17. Hold Harmless. Optionor may be permitted by Optionee to farm a portion of the subject premises after the sale. If Optionee so permits Optionor to farm, Optionor agrees to hold Optionee harmless for any damage to crops, personal injuries, or other liabilitj' of any sort pertaining to the propeity being fanned by Optionor. Optionor shall keep tlie outside of any fence constructed by Optionor fiee of any weeds^ o«v_Y if -E.y op-r.‘oOo« IN WITNESS WHEREOF, the parties hereto have signed tliis Agreement as of the date first above written. Optionor:Witness as to Optionor: Delvin Menze Bette Menze Michael C. Menze Donald Neels Optionee: Worldwide Fiber Networks, Inc./360 Networks (U.S.A.), hic. Witness as to Optionee: tj By:. Its: ExMbit“A” Legal Description Commencing at a point of intersection of 290* Street (filc/a Leaf Lake Township Road ’ #145) and the westerly ri^t-of-way line of the Soo Line Railroad in Section 31 of Le^ Lake Township in Ottertail County, Minnesota, said point being the point of beginning; thence in a westerly direction along the north line of Section 31a distance of 210’; thence in a southeasterly direction and along a line parallel with the westerly right-of-way line of the Soo Line Railroad located easterly of and adjacent to the subject property a distance of 250’; thence in an easterly direction and along a line parallel with the North section line of Section 31 ai distmce of 210’ more or less, to the westerly ri^t-of-way dine of the Soo Line Railroad; thence in a northwesterly direction and along the westerly rii^t-of-way line of the Soo Line Railroad 250’ more or less, to the point of beginning. Said parcel contains 1.2 acres, more or less. The parties agree that a surveyor’s identification, if any, shall control. r f- r V (■ ,r i--' t