HomeMy WebLinkAbout38000990814000_Variances_06-10-20211260223Date Stamp
RECEIVED LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/RESISTRAR OF tulES
F-ER6US FALLS, MN
RECORDED ON
06/17/2021 08!59 AM
MAY ? 0 ^021:--4
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
LTIFIC^RT REI/D: NAPPLICATION 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.ottertailcountvmn.us
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Application Fee
COMPLETE THIS APPLICATION IN INK Receipt Number
Accepted By / Date
DAYTIME PHONE 7(9/ ' 95~^3-)I tu A
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oX\on . C O K __________
\PROPERTY OWNER A/A" (Y er
MAILING ADDRESS
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E-MAIL ADDRESS Y«rk I L>VtV7.S-LAKE CLASSLAKE NAME
RANGE
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LAKE NUMBER
SECTION IA TOWNSHIP NAMETOWNSHIP
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E-911
ADDRESS .
PARCEL
NUMBER Leiil\
LEGAL DESCRIPTION uf ^ f^lk ^Vv /l: ^ '■ S Add/\
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback ^ Structure Size___Sewage System Cluster WECS MiscSubdivision
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.
ST /to,''"h CA f cdOTTER TAIL COUNTY ORDINANCE:
izr V. A.SECTION OF ORDINANCE:
Requesting a variance of 1 or 1.5 feet from the required 3 ft elevation above the ordinary high water
level for the construction of a dwelling. Finished floor would be 1.5 or 2 feet above the ordinary high
water level.
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.
7 DATE
l Am J
ATURE OF PROPERTY OWNER I AGENT FOR OWNERSl<
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
10, uz!TimeDate Of Board of Adjustment Hearing
Motion
Wayne «& Jean Fuder-Variance Application Denied (6:12 p.m.)
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson
and carried by roll call vote with Terry Marthaler voting no, to deny the variance request to
construct a dwelling 1.5 or 2 feet above the ordinary high-water level. This decision is 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.
fknWj^^liokv iJl^d t^Uckui^ doru/xc
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
^ No
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
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTjERTflll
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:Wayne & Jean Fuder
Address/Parcel No. 33225 Pickeral View Trail / 38000990814000
Requested Variance: Requesting a variance of 1 or 1.5 feet from the required 3 ft. elevation above the ordinary high
water level for the construction of a dwelling. Finished floor would be 1.5 or 2 feet above the ordinary high water level.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: |||. 4. A.
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: They want be a 1' or a 1.5 above the ordinary high at water level because
they need to either have a crawl space or a basement for a Dynamic Home.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
□ Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The ordinance is there to protect the citizens and the lakes of the County.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property Is lost (practical difficulties) by the strict enforcement of the official
control).
□ Yes, the property owner is proposing to use the property in a reasonable manner...
X No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are no similar structures in the area as viewed by Michael Donoho on June 5,2021.
3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (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?)
□ 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...
...because:
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
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
□ 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:
5. Does the need for the variance involve more than just economic considerations? (The baard 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).
□ Yes, the need for the variance involves more than just economic considerations....
X No, the issuance of the variance is only for economic considerations...
...because:
They do not need to place the structure into the ground that far, they can make the structure taller.
the requested variance.The Otter Tail County Board of Adjustment: APPROVES DENIES X
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: June 10, 2021
Board of Adjustment Vice 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.
Wayne & Jean Fuder - Variance Application Denied (6:12 p.mA
WaynelOean Fuder, Lot 5 Blk 1 of Wicklund’s Addn, Pickeral Lake (56-475) in Maine Township requested the following
Requesting a variance of 1 or 1.5 feet from the required 3 ft elevation above the ordinary high water level for the construction of a
dwelling. Finished floor would be 1.5 or 2 feet above the ordinary high water level.
Wayne & Jean Fuder, property owners represented the variance application remotely. The audience was polled with no one speaking
for or against this application.
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote with
Terry Marthaler voting no, to deny the variance request to construct a dwelling 1.5 or 2 feet above the ordinary high-water level. This
decision is 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.
Roll call vote as follows:
Board of Adjustment ABSENTYEANAY ABSTAIN
Darren Newwille X
XThomas Lee
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Bruce Stone - PC Member X
Curtis & Patti Wells - Variance Application Approved as Requested (6:27 p.m.)
Curtis & Patti Wells, Pt of Desc Tr-Pt GL 1 & Pt GL2 Com NW Cor Lot 12 Blk 2 Squires Addn., Rush Lake (56-141) in Rush Lake
Township requested the following: Requesting a Variance to allow an existing non-riparian lot parcel number 53000140085002 to be
considered a buildable non-residential back lot attached to riparian lot parcel number 53000990373000 without going through the
platting process.
Curtis & Patti Wells, property owners represented the variance application remotely. The audience was polled with no one speaking
for or against this application. An email was received from Daryl & Marcia Larson in support of the variance request and a letter was
received from Bruce Wieland in support of the variance request also. The email and letter were forw arded to the board for their review
and read for the record.
After consideration and discussion, Terry Marthaler made a motion, seconded by Bruce Stone and carried by roll call vote to approve
the variance request to permanently attach parcel no. 53000140085002 (non-riparian lot) to parcel no. 53000990373000 (riparian lot)
and allow the non-riparian parcel, parcel no. 53000140085002 to be buildable for non-residential purposes. This decision is also based
on the Findings of Fact and Decision Form, w hich 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.
Roll call vote as follow s:
Board of Ad justment ABSENT ABSTAINYEANAY
XDarren NewTille
XThomas Lee
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Bruce Stone - PC Member X
Board of Adjustment
June 10. 2021
Page I 2
STAFF REPORT
Wayne & Jean FuderAPPLICANT:
33225 Pickerel ViewTRL, Richville MN 56576, 38000990814000LOCATION:
LAKE NAME/NUMBER/CLASS: Pickerel Lake, 56047500, Recreational Development
Requesting a variance of 1 or 1.5 feet from the required 3 ft elevation above the ordinary high
water level for the construction of a dwelling. Finished floor would be 1.5 or 2 feet above the
ordinary high water level.
APPLICATION:
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County visirttw County
I 33225 PICKEREL VIEW DR X j Q,
Show ie«'Ch results for 33225
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1. No comment
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
LAKES RIVERS
SETBACKS (Ft)GD RD NE U&T Ag Trans
Elevation Above OHWL
Vertical Separation*3 3 3 3 3 3
Setback From
OHWL
Dwellings / Non-Dwellings 20075100 100 100 150
WOAS 20 20 20 20 20 20
Lotline**
Single Family Residence
Commercial PUD
10 10 10 10 10 10
50 50 50 50 5050
Residential PUD 50 505050 50 50
WOAS 40 90 40 65 11565
Top of Bluff 30 30 30 30 30 30
Road Rieht-of-Wav (Public / Private)
All Structures 20 20 20 20 20 20
Septic Tanks
All Structures 10 10 10 10 10 10
Soil Treatment Area
Dwelling
Non-Dwelling
Maximum Structure Height
20 20 20 20 20 20
10 10 10 10 10 10
Dwelling
Non-Dwelling ***
35 35 35 35 3535
20 20 20 20 2020
10 10WOAS10 10 10 10
*For lakes, by placing the lowest floor, at a level at least 3’ above the highest known water
level, or 3’ above the OHWL, whichever is higher. For rivers, by placing the lowest floor,
at least 3 ft. above the Regional Flood Level, the OHWL or by conducting a technical
evaluation to determine effects of proposed construction upon flood stages and flood
flows and to establish the flood protection elevation. WOAS may have the lowest floor
placed lower than the elevation determined in this subpart if the structure is constructed
of flood-resistant materials to the elevation, electrical and mechanical equipment is placed
above the elevation and, if long duration flooding is anticipated, the structure is built to
withstand ice action and wind-driven waves and debris.
staff Comments: Based on a review of the application and a site review, Staff offers the following comments:
1. This requirement is a flood protection standard
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Wayne & Jean Fuder
2805 290'^ Ave
Foxhome MN 56543
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, June 10, 2021 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. 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 remote 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.- 38000990814000
Lot 5 BIk 1 of Wicklund's Addn
Section 13, Township 134, Range 41
Township Name - Maine
Pickeral Lake (56-475), Recreational Development (RD)
33225 Pickeral View Trail, Richville MN 56576
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Requesting a variance of 1 or 1.5 feet from the required 3 ft elevation above the ordinary high water
level for the construction of a dwelling. Finished floor would be 1.5 or 2 feet above the ordinary high
water level.
A/m liusko
Board of Adjustment Secretary
April 29, 2021
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Tax Parcel Number(s)
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tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
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BK —042016 I 1-000-346-4070360,800 • Victor Lundeen Co:. Printers • Fergus Falls. MN
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
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tLot Area (ft^):
Buildings Other Impervious Surface
Existing Proposedr-i2 Existing Proposed
Ft^Ft^Ft Ft
Dwelling Deck(s)
tUoOAttached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
7^WOAS 7^Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
'/dtDTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing
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Surface
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Total
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Impervious Surface Calculation Worksheet 04-11-2016
Date—Signature:
Otter Tail County Web Map http://www.co.otter-taiLmn.us
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VARIANGE REQUEST CHECKLIST
While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required by
Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request against the
following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted.
As the applicant/you should come to the variance hearing prepared to demonstrate that your variance request meets the^fpllowing
criteria:
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the
purposes and intent of the official control):
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
iandowners? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration,
wetland, steep slope, shore Impact zone, blaff/floodpldin, floddway, 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 alfparcels sirhilarly?)
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 near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
S. 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 corning Into compliance with the ordinance requirements may cost considerable
more does not constitute a practical difficulty).
15Feb2019 CWL
1.
We are proposing a variance to dig 1.5 or 1 foot deeper then the 3 feet above the OHWL that is
recommended.
2.
We are putting a manufactured home from Dynamic Homes built in Detroit Lakes. Our plan was
to set it on a 9 foot basement. This spring the Otter Tail Land and Resource Management came
to our lake lot to measure the 100 foot set back from the lake shore and measure the elevation.
It was then we found our that the basement would be 6-7 feet above ground. That would be
much too high and would require a lot of backfill. So now we are wanting to put a 5.5 foot
basement so that the utilities can be in the basement. Our lot has some slope to it, and to
make the garage and addition level with the house it would look so much better to be able to
use the extra 1 to 1.5 foot for the basement and then the garage floor to line up with no or very
few steps into the house. As we are getting older we are trying to make this structure as
handicap accessible as possible.
3.
The elevation at the highest point of the lot is 7.7 feet, and on the lowest point it is 4.3 feet as
measured by Land and Resource Management from the OHWL. So the basement would only be
in the ground 4.7 feet. The house would be above ground 6 feet.
The need for the variance is so that we will have a place for the utilities such as furnace, water
pressure tank, water heater, and water softener. Also we would have a storm shelter.
4.
The variance should not change the look of our lot or affect the neighboring lot. If this variance
is approved, the appearance if the house would be more pleasing to the eye for us but also for
the neighborhood.
5.
Since we will not be putting in a 9 foot basement we need room for all the utilities for the
house being moved in. Also keeping it as handicap accessible as possible.
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 27*^ day of May, 2021 the attached Notice of Hearing for Variance was duly served upon the
individuals listed below and/or included in the attachment;
)
Township Clerk Lake AssociationProperty Owner
Beth Wicklund, Clerk
Maine Township
31544 330*'^ Ave
Battle LakeMN 56515
NAWayne & Jean Fuder
2805 290‘>’ Ave
Foxhome MN 56543
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 (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
LittleTHcDronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little pJre^Big Pine:
Pelic^ FishSBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
2
lU
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
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: Bruce Stone 45302 Plentywood Rd, Perham MN 56573
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
File 1Dated: May 27, 2021
Extra 5Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members____5
1PC Member____
Envelopes____7
TOTAL NOTICES TO PRINT 19
m Minutes
By:
Amy Busko
I I Added to Agenda CD Map
r~| Print out Findings of Fact Sheet
Newspapers Fergus Falls Daily Journal
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-475) 06-10-21 .doex
e
Buffer Parcels
Citv St ZiDParcel No Addr 2Addr 1Name 1 Name 2
Battle Lake MN 56515 9320Darrell & Judith WIcklund 33253 315th St38000130089000
Battle Lake MN 56515 9320Darrell 8i Judith WIcklund 33253 315th St38000130092001
Richville MN 56576 9504Leigh M 8t Shana M Barry 35695 County Highway 3238000130092003
Alan & Kimberly HochhalterTst PO Box 669 Fargo ND 58107 066938000990810000
Williston ND 58801 2539Terrance R & Karen L Olson38000990811000 1825 18th Ave W
Arvid & Lavonne Carlson Minot ND 58703 96303800099081200011000 County Road 15 W
West Fargo ND 58078 4248EnderG Raghib 325 Edgewater Dr38000990813000
Foxhome MN 56543 9315Wayne L & Jean A Fuder 2805 290th Ave38000990814000
38000990815000 To The Public 00
Page 1 of 1Monday, May 24. 2021
Buffer Mail
City, State, ZipAddress 2Address 1Name
Fargo ND 58107 0669Alan & Kimberly HochhalterTst PO Box 669
Richville MN 56576 9504Leigh M & Shana M Barry 35695 County Highway 32
Minot ND 58703 9630Arvid 8i Lavonne Carlson 11000 County Road 15 W
Foxhome MN 56543 9315Wayne L & Jean A Fuder 2805 290th Ave
Williston ND 58801 2539Terrance R & Karen L Olson 1825 18th Ave W
West Fargo ND 58078 4248Ender G Raghib 325 Edgewater Dr
Battle Lake MN 56515 9320Darrell & Judith Wicklund 33253 315th St
Page 1 of 1Monday, May 24, 2021