HomeMy WebLinkAbout35000990312000_Variances_09-01-2011Variances
2
Barcode 128
6 3^ 5
Date Stamp
AUG 0 9 2011
LAND & RESOURCE
L&R Initial rd
DOC# 6349
OFFICE OF REGISTRAR OF TITLES
OTTER TAIL COUNTY. MINNESOTA
Certified, Filed, and/or Recorded:
September 08, 2011 9:00 AM
Wendy L. Metcalf, Registrar of Titles
6349
Fee: $46.00
Well Certificate [ ] Rec'd
Cert: 1926
Returned To
LAND & RESOURCE
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 *> 4oo. —
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
PROPERTY OWNERC t ^ /r/'fl^/'c A DAYTIME PHONE ! ~ll 9 J
MAILING ADDRESS /^<T/V7 ____________________
^ZTTTyLAKE NUMBER <~2.-y / 6. LAKE NAME 2^/^ Zr^ A Ar-eLAKE CLASS
SECTION edJ2 TOWNSHIP _RANGE fiR 2' TOWNSHIP NAME /j f LaJce.
PARCEL ^NUMBER 3 ^(Poo ^E-911
LEGAL DESCRIPTION
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.ADDRESS Ag
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback____Structure Size ^ Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. (jLU /O
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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 o orAlNHED
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Date Of Hearing Jfj P Vr»D Lei^/ <^6//Time '^’ <3^ / ^
Motion
Martin and Sandra Friedrich - Approved the septic tank request and denied all other requests. (7:02 p.m.)
After consideration and discussion, Ken Erickson made a motion, seconded by Michael Harris to deny the variances as requested.
This motion was withdrawn. After additional discussion and consideration, Ken Erickson made a motion, seconded by Michael
Harris and unanimously carried, to approve the variances as requested for replacement of an existing 1000 gallon sealed septic
tank with two 2000 gallon sealed septic tanks and to deny all other variances as requested noting the number of variances
necessary for the development as proposed and expressing concern with the amount of impervious surface coverage.
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
L R Official/Date
bk 072011-001
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
^ 9 if Ft2 c^Jij ^ plujiJ jJiuHStructure(s):
Deck(s):
Driveway(s):
Patio(s):
Sidewalk(s):
Stairway(s):
Retaining Wall(s):
Landscaping:
(Plastic Barrier)
Other:
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30
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Ft2
Ft2
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Ft2
Ft2
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TOTAL IMPERVIOUS SURFACE: / J? 0 ^
LOT AREA: J13.IL
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TOTAL IMPERVIOUS SURFACE
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LOT AREA
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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, drainfieids, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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2 May 2011
Otter Tall County Board of Adjustment
Re: Martin Friedrich, variance (
Lot 5, Block 3, Leaf Lake Pleasure Grounds
? 4
The leaf Lake board of Supervisors have no objection to Mr. Friedrich's request
for a variance for rebuilding in the road right-of-way a^Wtowhship only
maintains 25 feet of tarred road in that area as there are several buildings and
fences extending into the right-of-way.
MARY JANE MEYER
Clert, Leaf Lake Twnstip., Otter Tail Co., Minnesota
Notarial Officer (ex-officio notary public)
My term is indeterminate
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To Whom
Notice of Hearing for Variance
Otter Taii County
Government Services Center
StOFirAveW
Fergus Faiis, 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.
It May Concern:
Martin C and Sandra K Friedrich
203 Olson St NDeer Cree'k, MN 56527
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, September 1, 2011 at 6:30 p.m.,
in the Corrimissioners’ 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 asI
I Lot 11 Block 2 and Lot 5 Block 3 Leaf Lake Pleasure Grounds,
Property Address - 30616 Edgewater Drive
Section 22, Township 134, Range 38 - Township Name - Leaf Lake
Lake No. 56-114/116, Lake Name - East and West Leaf, Ciass - RD
The variance requested is -
the following; We are asking for a 10’ variance from side property lines and a 6’ variance into dedicated private driveway to replaceja 1000 gallon sealed septic tank with two 2000 gallon sealed septic tanks. These are to be relocated next to
the property line where neighbor’s septic tank is already In private driveway. This would allow for driveway placement to
basementjgarage. In addition, with north/south distance from lot line remaining the same, we would replace 32’by 32’
single level dwelling with basement, a 6’ by 8’ entry, and a 10’ by 12’ deck with a multi-level dwelling not to exceed 35’ in height and length and width of 32’ by 42’. The basement would be a garage with access from private driveway. All
patios, sidewalks and dwelling located in the right-of-way to remain same size - being approximately 20’ within the right-
of-way.
Additional note - Part of the private driveway needs to be relocated because a house/garage and septic system have
been constructed on top of the driveway. This private drive is for all property owners’ use only. Current survey and
county recorder have verified this driveway has never been vacated.
Also, requesting a variance to exceed the maximum impervious surface coverage.
Date: August 11, 2011 Wt^ne Stein
Board of Adjustment Secretary
Septeffiltfer 1, 2011
Page # 2
Philip and Crystal Patterson - Approved the application as requested. (6:45 p.m.)
Philip and Crystal Patterson, part of Lots 18 and 19 Gloria’s Oak Manor Beach, Rush Lake in Rush Lake Township,
requested the following: We request permission to place a septic system drain field inside the 10’ side yard setback
area in the northeast corner of Lot 19, adjacent to Lot 18 (1 foot off the property line). The existence of an
undisclosed drain field in the northwest corner of Lot 19 precludes placement in that area, A shallow well on Lot 18
precludes placement on the lake side of the proposed structure. The northeast corner is the remaining feasible
location. Lot 18 is fully developed with a drain field and outhouse adjacent to its western border and thus, it
development will not be impaired. The owner of Lot 18 consents to the placement. Granting variance will allow
development consistent with neighborhood. Les Toppair, the applicant’s father appeared with the applicant (Crystal
Patterson) at the public hearing. The audience was polled with no one speaking for or against the variance as
requested. Letters from Don Bowers, Jr., P.M. Ryle and Susan Workman in support of the variance as requested
were read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee
and unanimously carried, to approve the placement of a septic system drain field inside the 10’ side yard setback area
as depicted on the drawing submitted with the variance application. It was noted that this is the best location for the
proposed septic system and the owner of the adjacent property has not objected to the proposed location.
Linda and Jerry Nygaard - Approve the application as requested. (6:50 p.m.)
Linda and Jerry Nygaard, part of Government Lot 8, Section 3 of Nidaros Township by Stuart Lake, requested a
variance of 40’ from the required ordinary high water level setback of 100’ for cabin expansion with basement 60’ from
the ordinary high water level and a variance of 50’ from the required ordinary high water level setback of 100’ for
lakeside deck expansion 50’ from the ordinary high water level. Gene Payne, Contractor appeared with the applicants
at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Thomas Lee made a motion, seconded by Michael Harris and unanimously carried, to
approve a variance of 40’ from the required ordinary high water level setback of 100’ for the proposed cabin
expansion with basement 60’ from the ordinary high water level and a variance of 50’ from the required ordinary high
water level setback of 100’ for the proposed lakeside deck expansion 50’ from the ordinary high water level,
Paul and Patricia Krusee - Approve the application as requested. (6:58 p.m.)
Paul and Patricia Krusee Tst, Lots 6 and 7 Clearmont Beach, Otter Tail Lake in Everts Township, requested the
following: Variance is requested to enlarge the current bathroom to make it handicapped accessible. The L-shaped
building containing the bathroom is grandfathered at 7’ from Clearmont Road rather than the currently required 20’.
The bathroom portion of the building is 16’ from the road. Its outside dimensions are 6’ by 9’, Enlargement will
increase it to 12’ by 14’. However, it will not bring the overall building any closer to the road; at its closest point it will
be 13’ away. The audience was polled with no one speaking for or against the variance as requested. An email from
Ray and Peg DeBoever in support of the variance as requested was read for the record. After consideration and
discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to approve the
variance as requested in the application dated August 8*'', 2011 and as depicted on the drawings submitted with the
application. The variance as approved will allow the applicants to enjoy the same rights and privileges as others in
this immediate area. The development as proposed will not impact the lake or the adjacent properties. The proposed
development will be no closer to the road than the existing structure.
Martin and Sandra Friedrich - Approved the septic tank request and denied all other requests. (7:02 p.m.)
Martin C and Sandra K Friedrich, Lot 11 Block 2 and Lot 5 Block 3, Leaf Lake Pleasure Grounds, requested the
following: We are asking for a 10’ variance from side property lines and a 6’ variance into dedicated private driveway
to replace a 1000 gallon sealed septic tank with two 2000 gallon sealed septic tanks. These are to be relocated next
to the property line where neighbor’s septic tank is already in private driveway. This would allow for driveway
placement to basement garage. In addition, with north/south distance from lot line remaining the same, we would
replace 32’by 32’ single level dwelling with basement, a 6’ by 8’ entry, and a 10’ by 12’ deck with a multi-level dwelling
not to exceed 35’ in height and length and width of 32’ by 42’. The basement would be a garage with access from
private driveway. All patios, sidewalks and dwelling located in the right-of-way to remain same size - being
approximately 20’ within the right-of-way. Additional note - Part of the private driveway needs to be relocated
because a house/garage and septic system have been constructed on top of the driveway. This private drive is for all
property owners’ use only. Current survey and county recorder have verified this driveway has never been vacated.
Also, requesting a variance to exceed the maximum impervious surface coverage. The audience was polled with
Donn Hoffman and Norman Umland expressing concerns with the variances as requested. A letter from Mary .
Seymour in opposition to the variance as requested was read for the record.
September 1, 2011
Page # 3
Martin and Sandra Friedrich - Continued
After consideration and discussion, Ken Erickson made a motion, seoonded by Michael Harris to deny the variances
as requested. This motion was withdrawn. After additional disoussion and consideration, Ken Erickson made a
motion, seconded by Michael Harris and unanimously carried, to approve the variances as requested for replacement
of an existing 1000 gallon sealed septic tank with two 2000 gallon sealed septic tanks and to deny all other variances
as requested noting the number of variances necessary for the development as proposed and expressing concern
with the amount of impervious surface coverage.
Future Generations LLC - Approved the application as requested. (7:32 p.m.)
Future Generations LLC, Lot 2 Block 2 Palms of Lida First Addition, Lake Lida in Lida Township, requested the
following: Variance from the subdivision controls ordinance, to allow Chiovaro’s to purchase, without platting, that
portion of Lot 2 Block 2 depicted on the certificate of survey. The Chiovaro's own adjacent and contiguous property to
the east which is currently being used as the driveway and yard. Future Generations LLC proposed to complete the
transfer to Chiovaro's without platting, and as a substandard lot would be permanently joined with a part of Chiovaro’s
property. Existing south driveway easement will be vaoated. Bruce Qvammen represented the applicant at the public
hearing. The audience was polled with no one speaking for or against the varianoe as requested. After consideration
and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve the
proposed subdivision as depicted on the Certificate of Survey filed with the variance application dated August 9, 2011.
Larry C Madson and Laurel Mahan - Approve the application as requested with conditions. (7:38 p.m.)
Larry C Madson and Laurel Mahan, part of Government Lot 4, Section 22 of Hobart Township by Rose Lake,
requested the following: 1.) Variance from Subdivision Control Ordinance to be allowed to sell approximately 75' by
150’ lot with 30’ by 48’ garage to be attached to Lot 10, Rose Lake Beach Wylie’s Addition and 2.) Approximately
130’ by 150’ lot to be attaohed to existing adjacent Tract A. Larry Madson and Corey Nyhus 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, Steve Schierer made a motion, seconded by Paul Larson and
unanimously carried, to approve the proposed subdivisions, as depicted on the sketch presented at the public
hearing, for nonresidential development with the following conditions: 1) that the area within Traot C cannot be used
when calculating impervious surface coverage for Lot 10 of Rose Lake Beach Wylie’s Addition, 2) that Tract B must
be permanently attached to Tract A and 3) a registered surveyor’s drawing must be presented at the time of
conveyance. Tracts “A”, “B” and “C” are identified on the sketch prepared by Meadowland Surveying Inc.,
William D and Sharon R Hoverson - Approved the revised plan with conditions. (7:45 p.m.)
William D and Sharon R Hoverson, Lots 2 and 3 Silent Acres, West Silent Lake in Dora Township, requested the
following: We request a variance of 72’ from the required 100' setback from the ordinary high water level in order to
build a two-story 24’ by 28’ addition to our existing cabin. The existing cabin sits 19’ from the ordinary high water
level. We propose to site the front of the new addition 9’ back from the front of the existing cabin. Therefore the
setback of the new addition from ordinary high water level would be 28’. We further propose to abandon and fill the
existing holding tank, which is precariously near ordinary high water level (approximately 30’). We would replace the
holding tank with a lift station and drain field approximately 75’ from ordinary high water level. We also seek a
variance of 40’ from the required 150’ lot width for lakes now classified “RD”. (When we purchased the property in
1989, West Silent Lake was classified General Development - “GD”.) August 4*'^, 2011 meeting - The applicants’
contractor appeared with the applicants at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by
Thomas Lee and unanimously carried, to table, with the applicants verbal permission, this public hearing until the
September 1,2011 Board of Adjustment meeting to allow the applicants time to consider other development
alternatives that either do not require the granting of any variances or required less variance than what is being
requested. September 1, 2011 meeting - William and Sharon Hoverson presented a revised plan for consideration
by the Board of Adjustment. After consideration and discussion, Randall Mann made a motion, seconded by Michael
Harris and unanimously carried, to approve a variance of 30’ from the required ordinary high water level setback of
100’ for the proposed development as described in the revised plan and drawing dated September 1, 2011 with the
following conditions: 1.) the existing holding tank located on Lot 3 Silent Acres must be legally abandoned and 2.)
there can be no plumbing (sewer/water) services connected to the existing cabin, which will be converted to a
nonresidential use. ^ .
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AiNDERSON LAND SURVEYING, INC
PROFESSIONAL LAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218) 739-5268 FAX (218) 739-5461
(800) 300-9276
August 2,2011
Marty Friedrich
P.O. Box 94
Deer Creek, MN 56527
RE: LEAF LAKE PLEASURE GROUNDS
Dear Marty:
The Private Driveway dedicated for Property Owners use only as shown on our survey has never been vacated.
This driveway has not been constructed. Hoffman/Umland have constructed a building upon it and Trana has
sewer over a portion of it.
If you have any questions, please feel free to contact me.
Sincerely,
ANDERSON LAND SURVEYING, INC.
David A. Anderson, PLS
President
w E S T
NDERSON LAND SURVEYING, INC.
PROFESSIONAL LAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET. FERGUS FALLS. MN 56538-0125 (218) 739-5268 FAX (218) 739-5461
(800) 300-9276
August 2, 2011
Marty Friedrich
P.O. Box 94
Deer Creek, MN 56527
RE: LEAF LAKE PLEASURE GROUNDS
Dear Marty:
The Private Driveway dedicated for Property Ovraers use only as shown on our survey has never been vacated.
This driveway has not been constructed. Hoffman/Umland have constructed a building upon it and Trana has
sewer over a portion of it.
If you have any questions, please feel free to contact me.
Sincerely,
ANDERSON LAND SURVEYING, INC.
David A. Anderson, PLS
President
NDERSON LAND SURVEYING, INC.
PROFESSIONAL LAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET. FERGUS FALLS. MN 56538-0125 (218) 739-5268 FAX (218) 739-5461
(800) 300-9276
August 2,2011
Marty Friedrich
P.O. Box 94
Deer Creek, MN 56527
RE: LEAF LAKE PLEASURE GROUNDS
Dear Marty:
The Private Driveway dedicated for Property Owners use only as shown on our survey has never been vacated.
This driveway has not been constructed. Hof&nan/Umland have constructed a building upon it and Trana has
sewer over a portion of it.
If you have any questions, please feel free to contact me.
Sincerely,
ANDERSON LAND SURVEYING, INC.
David A. Anderson, PLS
President
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
County of Otter Tail)
)SS
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 15th, day of August, 2011 the attached Notice of Hearing for Variance was duly
served upon the individuals listed beiow and/or included in the attachment:
Martin C and Sandra Friedrich, 203 Olson St. N, Deer Creek, MN 56527 2762
Mary Jane Meyer, Twp Clerk of Leaf Lake, 48694 County Highway 132, Henning, MN 56551
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
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501
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: August 15, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: __________
Vi Manderud
JOSEPH & PATRICIA M AARSVOLD
6404 NIXON ST
LAKEWOOD CA 90713 2230
MARTIN C & SANDRA FRIEDRICH
203 OLSON ST N
DEER CREEK MN 56527 2762
LAURIE BIRR JOHN A & AMY, K ENGERHOLM \
30673 CLEAR LAKE RD 29048 CHALFEN BLVD N
ALBANY MN 56307 9772 PEORIA AZ 85383 5327 ■}
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DONN L & PAMELA A HOFFMAN GERALD E & JANE M HOST
-f»1
61880 193RD ST
LITCHFIELD MN 55355 6400
19476 KOTTER RD
CLARISSA MN 56440 1246
CHARLES A & THERESA E JOHNSON
124074 FARWELL AVE
MORRISTOWN MN 55052 5039
JEROME E & SUSAN A KALAMEN
42295 LONDON DR
PARKER CO 80138 4620
KARRI KUESTER ETAL
17366 HORIZON TRL SE
PRIOR LAKE MN 55372 3941
MIDDLE LF PLEAS GROUNDS ASSN
19918 233RD ST
LITTLE FALLS MN 56345 5658
WAYNE & PHYLLIS PETERSON
30588 EDGEWATER DR
HENNING MN 56551 9333
CLARENCE & MARY L RATEAU
3921 21 STAVES
MINNEAPOLIS MN 55407 3069
MARY L SEYMOUR
30553 EDGEWATER DR
HENNING MN 56551 9333
KEVIN SHEEHY ET AL
13265 GLENDALE LN
SAVAGE MN 55378 1603
KERRY M SHELTON
NANCY FIX-SHELTON
1246 ELM ST N
FARGO ND 58102 2703
KIRSTEN G TORGRIMSON SKUZA
813SARTELL LN
SARTELLMN 563771944
NANCY J SPIEGEL
13708 70TH ST W
SHAWNEE KS 66216 2367
STATE OF MN DEPT NAT RESOURCES '
500 LAFAYETTE RD N
PO BOX 45
SAINT PAUL MN 55155 4002
JON M & TAMI L STRAMER
2061 130TH CTNE
BLAINE MN 55449 3911
DOUGLAS TRANA
905 MARSHALL AVE
HENNING MN 56551 4011
MICHAEL & CYNTHIA TURCHIN
29891 STATE HIGHWAY 108
HENNING MN 56551 9328
NORMAN & JUDITH UMLAND TSTEES
30527 EDGEWATER DR
HENNING MN 56551 9333
TAMARA USELMAN ET AL
45568 375TH ST
PERHAMMN 56573 9017
MATTHEW K & SUSAN M WOLFE
14179 DRAKE ST NW
ANOKA MN 55304 7632
KRISTIN WOLFRAM ET AL
1717 CLARK AVE
BILLINGS MT 59102 4040