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HomeMy WebLinkAbout08000160124001_Variances_05-14-2020Date Stamp 12380IS RECEIVED APR 1 7 2020 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES! "*f..AND & RESOUPC0 FERGUS FALLS, MN41RECORDED ONim Initial 05/29/2020 03:24 PM THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 3 APPLICATION FOR VARIANCE^tif- ^e rec-o. nCO COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us Application Fee ■____ COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date 'hr\0<(\ E?a.(cruj^70/-7S/-S-S'7oDAYTIME PHONEPROPERTY OWNER ion ah \)<S^ araurll'i~S^^ceJ><C<}^ L&ek. MAILING ADDRESS E-MAIL ADDRESS 5^053200 LAKE CLASSLAKE NAMELAKE NUMBER LMAnr111Ik0‘^l TOWNSHIP NAMERANGETOWNSHIPSECTION 3 0023 Oifukr l4zl( ^ '^^65-n E-911 ADDRESS PARCEL NUMBER O^OODl^OMOol A/uai^/' 90 ffcre Oe^eloP‘'^i' N f\//b tBG 6" Lk L-k TS S'LEGAL DESCRIPTION ^ ‘Strain /i/un‘^0_____-h-) TYPE OF VARIANCE REQUESTED (Please Check) WECS Misc.Subdivision ClusterSewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ((4 ^Iwnye/lirtf U2. JEV.A. mfoicJ Jed kitk R '"Yt-TV/Wu ^•^-tk’JVils a.ppnXi k//k ‘ipProK. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: VARIANCE REQUEST: t I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE 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) : ■ fr ■ « * • i♦ •I OFFICE USE ONLY \fo0TimeDate Of Board of Adjustment Hearing Motion Brian Balerud - Variance Request Approved with Condition (7:19 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and unanimously carried by roll call vote to approve the variance request to approve the request to add a deck to the dwelling being 31.5’ from the ordinary high water level and increase the shore impact zone impervious surface coverage from 757.5 sq. ft. to 898.5 sq. ft. with the condition that the shower house grey water is addressed with Land & Resource Management (shower house is removed from the site or there is a drain added). This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Af)fUj Jv Rt/^lLo 'PLffmuA.s Lu^ Chairmen/otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No 6 7^Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870 Brian Balerud - Variance Request Approved with Condition (7:19 p.ni.) Brian Balerud, Pt GL 7, Leek Lake (56-532) in Candor Township requested the following: I am requesting a variance for the impervious surface in the Shore Impact Zone (SIZ) as well as the setback. The proposed deck will be in line with the dwelling (31.5 feet from the OHWL). The existing impervious in the SIZ is approx. 757.5 sq. ft. and the new proposed will be approx. 898.5 sq. ft. The SIZ was verified by Land & Resource Management. Brian Balerud, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and unanimously carried by roll call vote to approve the variance request to approve the request to add a deck to the dwelling being 31.5’ from the ordinary high water level and increase the shore impact zone impervious surface coverage from 757.5 sq. ft. to 898.5 sq. ft. with the condition that the shower house grey water is addressed with Land & Resource Management (shower house is removed from the site or there is a drain added). This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Richard Gabe - PC Member X X Other Business The Mielke Variance which was denied last month has been officially appealed and we have retained Scott Anderson to represent us. Chris & Scott talked about the lack of staff reports. Chris has been working with Scott Anderson and Dave Rush of Douglas County to develop a staff report for our use. What was presented tonight at the meeting is the report that they came up with. Essentially information is taken from the application along with staff recommendations & observations from the onsite visit. Land & Resource does not make an opinion of whether the application should be approved or denied, but if approved Land & Resource may offer some conditions to consider. The sections of the ordinance are also listed on the report for your viewing, so you know what standard the request is varying from. Plan is to get these to you 3 or 4 days prior to the meeting. Board members feedback: The board would like the staff reports and they feel they will be beneficial. Concerns were raised as to the staff report leading the board to a decision and they want to make sure that the staff report does not indicate any recommendations of approval or denial. The board would like to receive the staff report via email 1 day prior to the meeting for their review. With no further business, Thomas Lee, Chairman declared the meeting adjourned at 7:37 p.m. Prepared by: Amy Busko, Secretary , to the Otter Tail County Board of Adjustment. Official action regardingThe minutes were emailed on these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment May 14,2020 Page I 4 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCRTimoevarr-aiaoifofi GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Brian Balerud Address/Parcel No. 30021 Candor Hall Rd / 08000160124001 Requested Variance: I am requesting a variance for the impervious surface in the Shore Impact Zone (SIZ) as well as the setback. The proposed deck will be inline with the dwelling (31.5 feet from the OHWL). The existing impervious in the SIZ is approx. 757.5 sq. ft. and the new proposed will be approx. 898.5 so. ft. The SIZ was verified by Land & Resource Management.__________________________ ____________________________________________________________________ Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: II. 76. & III. 4. A. 8t IV. 8. B. 1 A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: The house was constructed in 1966 and when he went to apply for a permit to do a reconfiguration of his deck and to add on it was determined by Land & Resource Management that he needed a variance because he was in the Shore Impact Zone. Otter Tail County Board of Adjustment-Variance Question Findings Is the variance in harmony with the generai purposes and intent of the officiai controi? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: 1. The addition does not encroach any further to the iake than the existing structure. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai controi? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 2. The proposed additions to the existing structure are no cioser to the lake than the existing. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... 3. ...because: It is an existing iegai non-conforming structure not meeting the required setbacks of the current Shoreiand Land Management Ordinance and buiit prior to Shoreiand regulations in 1971. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The addition is a minimum expansion to an existing legal non-conforming structure for personal use. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum If this is an After-The-Fact variance request. DATED: May 14, 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. STAFF REPORT Brian Belarud I am requesting a variance for the impervious surface in the Shore Impact Zone (SIZ) as well as the setback. The proposed deck will be inline with the dwelling (31.5 feet from the OHWL). The existing impervious in the SIZ is approx.. 757.5 sq. ft. and the new proposed will be approx.. 898.5 sq. ft. The SIZ was verified by Land & Resource Management. 30021 Candor Hall RD, Vergas 56587 08000160124001 LAKE NAME/NUMBER/CLASS: Leek/Trowbridge (56-532), RD APPLICANT: APPLICATION: LOCATION: A T [5j<] X CL30021 CANDOR HALL RD Shc'A search results ^or 30021 C . A » 4911 lORU rt 4 '■w t ^LOTA : , COMMON INTWEB A- WAfTER 08000160124000 -95.867 46.676 Degreea %£ Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. Replace the existing septic tank to meet the 10-foot setback from the deck footing to the septic tank. a. This would require a permit from the office, and a compliance inspection prior to that permit being issued. 2. The outdoor shower must be connected to an approved septic system. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION IV, SUSP 3 (8)(B)(1) Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square ft. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. The footing for the proposed deck addition would be within the required setback to the septic tank. 2. The wastewater from the outdoor shower is classified as greywater and must not be discharged to the surface. This wastewater must be discharged into an approved septic system. OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 30^*^ day of April, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; ) Property Owner Township Clerk Lake Association Brian Balerud 2860 82''^ Ave NE Bismarck ND 58503 Sharon Sauer, Clerk Candor Township 51902 Co Hwy 17 Detroit Lakes, MN 56501 NA City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Big McDonald Lake Improvement Dist, PO Box 81, Dent, MN 56528 Devils (f^r Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 ;1^^MDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Big Pine:liq^, rak, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 (0 UJ Litf Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Peli South Turtle Lake: Otter Tail County COLA, 4302 13''' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6*" St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Richard Gabe, 25826 Co. Hwy 20, 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print 1FileDated: April 30, 2020 Extra BOA Members__5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____ Added to Agenda Map Print out Findings of Fact Sheet Newspapers - Fergus Falls Daily Journal, Pelican Rapids Press & Perham Focus 5Amy Busko, Secretary Otter Tail County Board of Adjustment 1 ^ Minutes By:18Amy Busko 30 l:\BOA\May BOA\Balerud Affidavit (56-532) 05-14-20.docx Buffer Parcels Parcel No 08000160124000 Matthew M Moltzan Addr 1 Addr2 CitvStZio Moorhead MN 56560 1552 Name 1 Name 2 1020 10th St N Bismarck ND 58503 6369Brian & Tamara Balerud 2860 82nd Ave NE08000160124001 08000160124002 Fargo ND 58103 4216David C Wightman Living Tst 1346 7th St S Vergas MN 56587 9452Perry & Mardi Eidem08000160124004 49196 Candor Hall Ln 5701 33>d St S Fargo ND 58104 675308000160124005 Timothy L & Joan H A Wolf Marshall MN 56258 361008000160124006 Charles M Myrbach 10599 State Highway 19 Carver MN 55315 951808000160124007 Richard J & Caroline M Ness 423 Ramsey Ct Anoka MN 55304 1011Troy & Donna Olson08000160124008 18088 Aztec St NW Vergas MN 56587 945208000160124009 David W & Kendra A Richard 49143 Candor Hall Way Vergas MN 56587 9451Jay & Donnaemae Rev Family Tst 30125 Candor Hall Rd08000160124019 Carver MN 55315 9518Caroline M Ness08000160124020 423 Ramsey Ct Vergas MN 56587 945108000160129000 James D & Jodi J Bushey 29901 Candor Hall Rd Moorhead MN 56560 672908000990576000 Jon & Shelley Lundborg 4525 3rd St S Horace ND 58047 4520Brett & Kristina Lindemann 528 Arrowwood Dr08000990577000 Fargo ND 58104 65872207 34 1/2 Ave SW08000990578000 Michael J & Martha K Olsen West Fargo ND 58078 4219Steven & Jan H George08000990579000 1838 Princeton Ln Hickson ND 58047 514408000990580000 Darren P & Kimberly K Fitch 415 Elm St Euclid MN 56722 959908000990581000 Ronald & Paula Salentine 24406 120th St SW Page 1 of 1Wednesday. Aoril 22. 2020 Buffer Mail Address i 2860 82nd Ave NE City, State, ZipAddress 2Name Brian & Tamara Balerud Bismarck ND 58503 6369 James D & Jodi J Bushey 29901 Candor Hall Rd Vergas MN 56587 9451 David C Wightman Livjng Tst 1346 7th St S Fargo ND 58103 4216 Perry & Mardi Eidem 49196 Candor Hall Ln Vergas MN 56587 9452 Hickson ND 58047 5144Darren P & Kimberly K Fitch 415 Elm St Steven &Jan H George 1838 Princeton Ln West Fargo ND 58078 4219 Vergas MN 56587 9451Jay & Donnaemae Rev Family Tst 30125 Candor Hall Rd Brett & Kristina Lindemann 528 Arrowwood Dr Horace ND 58047 4520 Jon & Shelley Lundborg 4525 3rd St S Moorhead MN 56560 6729 Matthew M Moltzan 1020 10th St N Moorhead MN 56560 1552 Charles M Myrbach 10599 State Highway 19 Marshall MN 56258 3610 Caroline M Ness Carver MN 55315 9518423 Ramsey Ct 423 Ramsey CtRichard J & Caroline M Ness Carver MN 55315 9518 Michael J & Martha K Olsen 2207 34 1/2 Ave SW Fargo ND 58104 6587 Troy & Donna Olson Anoka MN 55304 101118088 Aztec St NW David W & Kendra A Richard 49143 Candor Hall Way Vergas MN 56587 9452 Ronald & Paula Salentine 24406 120th St SW Euclid MN 56722 9599 Timothy L & Joan H A Wolf 5701 33rd St S Fargo ND 58104 6753 Page 1 of 1Wednesday, April 22, 2020 ’-T', LAND & RESOURCE MANAGEMENT V OTTER mil COUNTY - MINNESOTA Government Services Center 540 West Fir Avenue Fergus Palis, MN 56537 Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Brian Balerud 2860 82AveNE Bismarck, ND 58503 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, May 14, 2020 at 6:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by :4:30 p.m. for, possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No. - 08000160124001 PtofGL? Section 16, Township 137, Range 41 Township Name - Candor Lake Name/Number/Class: Leek/Trowbridge (56-532), Recreational Development (RD) Property Address: Legal Description: 30021 Candor Hall Rd., Vergas MN 56587 The variance requested is the foilowing: I am requesting a variance for the impervious surface in the Shore Impact Zone (SIZ) as well as the setback. The proposed deck will be inline with the dwelling (31.5 feet from the OHWL). The existing impervious in the SIZ is approx. 757.5 sq. ft. and the new proposed will be approx. 898.5 sq. ft. The SIZ was verified by Land & Resource Management. Amy Busko Board of Adjustment Secretary April 30, 2020 ottertaiicbuntymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore impact Zone only. List & identify aii existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing. Def # 76. Shore Impact Zone fSIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Buildinq(s) lA mDeck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier)_______ Miscellaneous 4^ iV/TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft^Ft^ Maximum Allowable 260 Ft^ "7^7,5"+ Impervious Surface Calculation SIZ 04-11-2016 Signature Date: IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing r-i2 Proposed Existing Proposed Ft^Ft^ Ft^Ft JWaI. 2,2^0Dwelling Deck(s) Attached Garage Patio(s)0 OO0 (M) 90 ffVo cMdr\^\ Detached Garage Sidewalk(s)OO 3(o10Storage Shed Landing(s)O :2./6syWOAS oDriveway(s)0 aRCU OParking Area(s)O Oo 0Miscellaneous Retaining Wall(s)O/I Landscaping (Plastic Barrier)0 nMiscellaneous T^OIO 0 ne^TOTAL BUILDINGS TOTAL OTHER Buildings impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^ Ft^Ft^Total Buildings 2.0 70 ,05-7l,olO 0 100+T-X =I 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 5,537 100+-r X= = Impervious Surface Calculation Worksheet 04-11-2016 Signature:-Date 1131409 DOC# 1131409 1131409 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd July 30, 2013 8:55 AM Brian Armstrong, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTANo^delinquent taxes and transfer entered; Certificate of Real Estate Value ( filed ( Certificate of Real Estate Value No. < j!^.S343 30 Wayne Stein, County Auditor I ^l^2> ^ ■C’i ) not required. ■ ^/3 (Year)Returned To: NF FIELD ABSTRACT 127 S MILL ST FERGUS FALLS, MN 56537-0697 By: LLPA-by. osi -tPePO -O -oo / Deputy .(space above for recording data). WARRANTY DEED - Individuals to Joint Tenants Qijl-t <2(f ., 2013DATE: STATE DEED TAX DUE HEREON: $833.25 FOR VALUABLE CONSIDERATION, Jason Bunkowski, a single person, and Nathan Knoll, a single person. Grantors, hereby convey and warrant to Brian Balerud and Tamara Balerud, husband and wife. Grantees, as joint tenants, real properly in Otter Tail County, Minnesota, described as follows: That part of Government Lot 7, Section 16, Township 137, Range 41, Otter Tail County, Minnesota, described as follows; Commencing at the most southerly corner of COMMON INTEREST COMMUNITY NUMBER 40 HIDDEN ACRE DEVELOPMENT, according to the recorded plat thereof; thence North 12 degrees 02 minutes 50 seconds East (bearing is based on Otter Tail County Coordinates - 1996 Adjustment) along the easterly line of said plat, a distance of 35.06 feet to the northeasterly right- of-way line of Candor Hall Road, the point of beginning of the land to be described; thence South 58 degrees 13 minutes 56 seconds East along said northeasterly right-of-way line, a distance of 101.12 feet; thence North 16 degrees 49 minutes 46 seconds East a distance of 196.72 feet thence North 16 degrees 00 minutes 34 seconds East a distance of 175 feet more or less, to the shoreline of Leek Lake; thence westerly, along said shoreline to said easterly line of COMMON INTEREST COMMUNITY NUMBER 40 HIDDEN ACRE DEVELOPMENT; thence South 12 degrees 02 minutes 50 seconds West along said easterly line, a distance of 301 feet more or less, to the point of beginning. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservations of record, if any. Containing 36,313 square feet more or less. . *■v Check applicable line; ___ The Seller certifies that the seller does not know of any wells on the described real property. ___ A well disclosure certificate accompanies this document. X 1 am familiar with the property described in this instrument and 1 certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certi .lasQi^ujgk&wskf Nathan STATE OF fy\l/y^OJ\crrA ) )ss.COUNTY OF n^.^) The foregoing instrument was acknowledged before me this day of Lj>o/^ 2013 by Jason Bunkowski, a single person, one of the above named Grantors. jf0§i rfDACIA JTEBERG 5 . I notary public - MINNESOTA } Mv Commission Expires Jan. 31,2015 Signature of Pt(^OT Taking^knowledgment STATE OF /M,m/Ai2/lx ;TA ) \/ COUNTY OF cyrS^A^ ) )ss. <^-{o j>u!^The foregoing instrument was acknowledged before me this 2013 by Nathan Knoll, a single person, one of the above named Grantors. day of jjrf ri— ‘ ■ *»*««****-^ DACIA JTEBERG i NOTARY PUBUC - MINNESOTA My Commission Expires Jan. 31,2015 Signature of Person Taking AcknOT/ledgment Tax statements for the real property described in this instrument should be sent to; Brian and Tamara Balerud 2860 82"‘' Avenue Northeast Bismarck, ND 58503 This instrument was drafted by; SVINGEN, CLINE & LARSON, P.A. P.O. Box 338 Pelican Rapids, MN 56572