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Home My WebLink About40000090080001_Variances_04-06-19833-/;^ Whito - Office — Owner Pink — Township APPLICATION FOR VARIANCE FROM Otter Tail County, Minnesota Nelson, Oliver f1. and V. Rudella Nelson (218) 385-3^3/1Phone NoOwner; Last Name First Middle Rural Rniitp Npw Vnrk Mi 11 9 Mi nnp<;nta Zip No.Street & No.City State Legal Description: Lake No.,Lake Name Lake Class Sec.__9 Twp. 135 Range_2Z Twp. Name___NSWj^QD. EXPLAIN YOUR PROBLEM HERE: Applicant Is purchasing the land described in the attached proposed deed from Levi 0111 la under ^ Contract for Deed dated .'iarch 25, 1976. Applicant's daughter and son-in-law", Jack Herr and Nancy Herr have been residing cn said .parcel of land in a mobile home for a number of years, dug upon the parcel of land and have also pi an Led a windbreak, they wish to build a conventional dwelling upon said parcel. Their only available financing appears to be through a low Interest loan from Farmer's Home Administration. Under new regulations, Fanner's .Home Administration limits building sites for this type of a loan to one acre. They are unable to qualify for other financing. It is therefore a hardship upon them to be unable to acquire a one-acre building site for these purposes. They have a well At this time l-.ttui In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. April 6 19 83Application dated.X__L ignature of Applicant — DO NOT USE SPACE BELOW— 19,Time M.Date of hearing .f ■Court House, Fergus Falls, MN. 56537 , ;S____WITH THE FOLLOWINGday of.DEVIATION fiO this______(OM.Ai:^£U^lifREQUIREMENTS: •- V-. . 1 !f - Signature.Choirmon Oft^r Tail Board of Adjustment[^IVIfW BAtlll lAIl, MINNItOIA ;.:i i ■ ! < TI35NrR.37WNEWTON•54 SE£ PACE 47 3^4-jr^ur.f I f-f I v^.p.np \ ^ <*s\ «•<> /* I -ow* .•*0 I Iiiir_ A’urmi \rfvtTivr 775"77T3Tf*T 3 riPiC-^I «.»if 1^/or# I vM I9Q7%r.( ■7 '^//Sc^SO/7 3 L77^7)Z\ I• I I AII41___3 ~(^ar/cu f/^/-i///€Z. ____4^ J_________1i y/rK'onf f Z.Qn//e‘/7^ e /1/c^cy /^o6erf ^ */^/ndersoo/€%i5/77i«:sa^(/74HS') /%i*/ifiO 1:1 56 jjiAv/cL f Caro/Car//sl^/7//ar? T,sdrJ/. 12k i?s/acp Lo/e 7 £7'/no. '^CHV 4l / '■; " A'a/V/7<g<(• /i><xma/7,a c)nj:j)•s. /474P ‘uy'/^//7.7 » cjiortL^ A^jD^T^rf f/y/zcc-n 'X«V7 IjAtU- cJ^A.A^/tctifSo^f ^ ^nafd.|0 !o 5 .V/-J5 £/tn'C AArasc/sISo\s^CCLTO/ n ^• T9.S |« i//r(//n/^ '7‘q'} ^f^^acc6sc/7 A^v-ci'rn/cyu3Jz>a/f (■/7e/7 txCyOA H.Mar/ene lA///rre */9S • /37‘9teiSS ^//T70tt7L7 i^hn \<J^cG Ci- O) T//770f^ ky<S/T^O/7,jl S/U /ac /i^OJu 4U) ti IA//T7 \TAfcurr »/M2/ Vj — t* ■« *^75 f A•3 *► (?no'cnS' Q< I i mm <■ TI35NrR.37W>/EWTON <iff PAG£ •//\*vf its AP T7T77T35T#<M :&'rift;L/JI A> ,J. *,'/.«iMVnf t {tUij 'J\x '^ IIII • I II Zi l/fnceot ^//a/o/ci /f”1^/)def>sorf/^(Ls/mtssef.C/7419) /4iieon t ^5 %Mr.r4^ 'N» r e^3.// If‘ij m i^ 40Casa3/)H .?il^\ \S6/io i£0 1 nd-jZ>my/cL t Ca/ o/ \ Cur^/alV////a/T7 IIV/>y /.t Cbr/ftn^l r3S /oS laXs/aoafl.'?e/ma.K 41 y Ut HomanCl'.c)Sl'-i N.% ir s /4/.J9 Mmn 'i '»)4/,.4V/.53 vt///•'.ir/z AA2/y^cV/' ; • '.'^<g «.1 V,Vt /pQm %w)V 4Jg aoo, i4s 515S 4■B/tf HrJ ‘s/iiiie tiraacj S!*0An^}/k f “^P i*}IAfe/vtn 4.9.SO Q/\MuVonen C070/ ho/f * 7SS 744 i4-m *<l d f:.//nO^T^\/o/Xj < i.Sf\joH/ f A/v/na.. i^'K. vS •f-4 'i/mf fl\'/•/;W-'./b^fn \a,',/ho/ /§1.11 •.1 'f S/iU /c. yj^^/}//f'i/ • r •■'" • iA/ak.i '•8 H VSi■'- 3 7 r-T' ^ -- :l----~S.f: no''A I7i <ct>0<^ • c 0ho^ $ 0 r f r JT Signature.Cho/rmon Oner Tail Board of Adjustment [■<](VllM BAIIU LAM MIMNhOIA r- i Board of Adjustment July 7, 19833 John t:. Bauck, Perham, MN, requested permission to build a garage 10 feet from road right-of-way on Lot 13, Block 2, Pleasure Park, Otter Tail Township. After discus sion.motion was made by Tom Stringer to grant approval, hardship being the terrain of the lot makes construction in another location impossib approval by the town board. e, taking into account The mot'ion was seconded by John Everts and carried. Rolla Parker, Dent, MN, requested permission to convey, a parcel of land with 300 feet of lakeshore, approximately 64,000 square feet of land area, without platting in G.L. 2, Section 23, Star Lake Township. Anderson to deny, no adequate hardship shown. AFter discussion.motion was made by Craig The motion c ied for lack of a second. After further discussion, motionwas made by Tom Stringer to approve, hardship being best use of property, the road and the configuration of the shore line make any other location impossible, no otherJlogical deeision to be.'made.^for this property and there is no precedent being set other than the 4.33 acre tract, was seconded by Frank Lochowitzer and carried with Craig Anierson voting "no".The motion Oliver M. Nelson, ^w York Mills, MN, requested permission to convey a parcel of ■--------------------------------------------------------------------------------------------------------------------------------------' one acre without platting, in the NE^aSE^ of Section 9, Newton Township. AFter .. Idiscussion motion was made by Tom Stringer to deny for all reasons stated in a letter from Tom Stringer to Mike Kirk, County Attorney, relating to the restric tions placed by the FmHA, attached hereto and made a part of these minutes. The motion was seconded by John Everts and carried with George Walter voting "no" and Craig Anderson abstaining. Raymond A. Anderson, Dent, f>lN, requested permission to place an 8' X 12' storage shed approximately 30' from the lake on Lot 3, Block 1, Abie s Acres, Second Add'n , After discussion, motion was made by George Walter to deny approval ,Dora Township. no adequate hardship shown, health problems or storage of personal property do not justify granting a variance when there are adequate places further away from the The motion was seconded by John Everts and carried.lake to place a storage shed. Knight Construction Co., Fergus Falls, MN, represented by Darwin Stigen, requested of Fergus Falls Town-permission to record a two acre parcel in G.L. 4, Section 26 grant approval , basedAfter discussion, motion was made by George Walter toship. on the fact the parcel had been surveyed back in 1979, and if recorded in 1979 it The motion was seconded bywould have met the ordinance requirement at that time. Tom Stringer and carried, hardship being the configuration of the road to the north and the shoreline of the lake restrict the north-south dimension of the lot. White - Office Ye^ow — Owner Pink — Township APPLICATION FOR VARIANCE FROM Otter Tail County, Minnesota Nelson, Oliver M. and V. Rudella Nelson (218) 385-3434Phone NoOwner; Last Name MiddleFirst Riiral Rniitp Street & No. Npw YnrIr Mi 11cCity Mi nnp<;f^taState Zip No. Legal Description; Lake No..Lake Name Lake Class 9 135 Range 37 NewtonSec.Twp. NamaTwp. EXPLAIN YOUR PROBLEM HERE: Applicant is purchasing the land described in the attached proposed deed from Levi Ollila under a Contract for Deed dated March 25, 1976. Applicant's daughter and son-in-law. Jack Herr and Nancy Herr have been residing on said parcel of land in a mobile home for a number of years. They have a well dug upon the parcel of land and have also planted a windbreak. At this time they wish to build a conventional dwelling upon said parcel. Their only available financing appears to be through a low interest loan from Farmer's Home Administration. Under new regulations. Farmer's Home Administration limits building sites for this type of a loan to one acre. They are unable to qualify for other financing. It is therefore a hardship upon them to be unable to acquire a one-acre building site for these purposes. In order to properly evaluate the situation, please provide as much supplementary information as possible, such as; maps, plans, information about surrounding property, etc. April 6 83Application dated.19. ignature of Applicant —DO NOT USE SPACE BELOW— •~i- ~i Time M.Date of hearing Court House, Fergus Falls, MN. 56537 19____WITH THE FOLLOWINGday of_DEVIATION APPROVED this______ (OR ATTACHED) REQUIREMENTS: Signature. Choirmon Otter Tail Board of Adjustment[^(VIEW BATTLE LAKE MINNESOTA Form No. 5 M-WARRANTY DEED Indivjdual (s) to Joint Tenants Minnesota Unlfurin Conveyancing Blanks (IB7B)QBWALO PUBLIDHINO CO.. NCW ULM, MINN. No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. __________________________, 19 County Auditor by Deputy STATE DEED TAX DUE HEREON; $ . 19__.Date: (reserved for recording data) Levi Ollila, a sinnie man; Oliver N. NelsonFOR VALUABLE CONSIDERATION,.........................and V. Rudella Nelson, husband and wife , Grantor (s), (marital status) hereby convey (s) and warrant (s) to Jack A. Herr and Nancy V. Herr I __________________ , Grantees as joint County, Minnesota, described as follows:Otter Tailtenants, real property in! West 175 feet of the east 345 feet of the north 250 feet of the Northeast Quarter of Southeast Quarter (NE^ of SE%) of Section 9, Township 135, Range 37. : (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Affix, T;i\ ! iiXX' STATE OF MINNESOTA OtkAJOuJ ss. COUNTY OF foregoing instrument was acknowledged before me this^day ofLevi QTTila, a single man; Oliver M. Nelson and V. RuiJella Nfelson,,19.The husbandby i and wife , Grantor (s). NOTARIAL STAMP OR SEAL (OlR OTHER TITLE OR RANK) .niui iiinmiimr*^***' ..........»in »»»«»»»* " BETTY E. SWENSON NOTARY WBUC-MINNESOTA OTTER TAIL COUNTY MyOonwiissionEKpiresJan 6,1988 »a«nw SIGNATUJIE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): ........................ ITHIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): i i Carl W. S. Peltoniemi Box 231Wadena, MN 56482 OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) )SS COUNTY OF OTTER TAIL) I. Sylvia G. Bergerud, Secretary for the Board of Adjustment for Otter Tail County, Minnesota do hereby certify that on the 17th day of June the attached Notice of Hearing was duly served upon the following:1983 .» Oliver M. Nelson, & V. Huclella Nelson, 11.11. New York Mills, MN. 56567 Beverly Hogel, Twp. jif Clerk of Newton, Ht. 3; Nev.' York Mills, MN. 56567 Lelloy & Dinne Nelson, Rt. 2, New York Mil s, MN. 56567 Melvin J. Putikka, lit. 2, New York Mil s, MN. 56567 Donald W. Jwhnson, Route 2, New YorkMills, MN. 56567 Melvin A. & Irja J. Ollila, Route 1 Box I7, New York Mills, MN. 56567 Louise Anderson, Route 2, New York Mills, MN. -56567 Dennis Berend, County engineer, Court House, Fergus Falls, MI 56557 Mr. Terry Lejcher, DNR, I221I5 E. Fir Ave. , Fergus Falls, MN 56537 Department of Natural Resources, Regional Headquarters, Route #5, Bemidji, MN 56601 Town Board Chairman or Clerk Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, Route #2, Battle Lake, MN 56515 Tom Stringer, 213 South Mill, Fergus Falls, MN 56537 George Walter, Route ifl. Perham, MN 56573 Frank Lach^vi"17,rr, Box 38L, Perham, -MN 56573 by placing-a true and correct copy tnereof in a sealed envelope, postage prepaid, and by depositing the same in the U. S. Mail at Fergus Falls, Minnesota, properly addressed to each of the above named at the addresses shown above. Se Jiuie 17, 1983Dated I OTTER TAIL COUNTY Fergus Falls, Minnesota 56537 NOTICE OF HEARING FOR VARIANCE TO WHOM IT MAY CONCERN: Oliver M. Nelson & V. Rudella Nelson Rural Route New York Mills, MN. 5656? 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 or the Subdivision Controls Ordinance.The Otter Tail County Board of Adjustment will assemble for this hearing on p.m., in the Commissioners19 83 , at 8:30July 7 (Please use Law EnforcementRoom of the Otter Tail County Courthouse, Fergus Falls, MN. entrance). This notice is to advise you that you may attend the above hearing and express your views on the variance requested. The property concerned in the application is legally described as 37 ■135Sec. ^NewtonLak e No.Twp.Range Twp. Name Lake Name Class The variance requested is: Requests permission to transfer 1 aero parcel without platting. i 5apd ^ Adjustment"Secrycary ■i)June 17, 1983Dated: ! ;• Williams, Nitz, Krekelberg, Stringer & Oldenkamp ATTORNEYS AT LAW RECEIVED W. Earu Williams Richard F. Nitz Charles A. Krekelberg Thomas M. Stringer Roger L Oldenkamp 2\3 South Mill Street FERGUS FALLS. MINNESOTA 5G537 , (218) 736.5491• -I P. O. Box 353 RAPIDS. MINNESOTA 5G572COUNTY AnOnNEf^.^B^^eea-eesi REPLY TO June 8, 1983 Fergus Falls OFFICE Mr. Michael L. Kirk Otter Tail County Attorney Courthouse Fergus Falls, MN Dear Mike: At the May 1983 monthly meeting of the Otter Tall County Board of Adjustment, the Board dealt with an application for variances from the ordinance's 2% acre minimum lot size where the applicant represented that FmHA financing would not be available to them if the building site was "of more than one acre". The applicant was Kenneth W. Thiesen, Bluffton. At the June 1983 meeting, two more similarly situated applicants appeared. They were: Brian Brogard, Henning, Minnesota and Verle Martin, Ashby, Minnesota. Each application was approved on a 3-2 vote. I enclose a copy of one page of FmHA Instructions which copy was provided by applicant Theisen. I urged him to seek authori zation by the FmHA State Director to exceed the one acre minimum; he advised that such had been sought but was denied. I do not know what reasons or justifications were presented to support the request for that authorization. I suggest and request that the County make contact with the appropriate FmHA authorities to provide a "blanket" justification so that all future FmHA loan applicants can get a "variance" from FmHA rather than from Otter Tail County. ,/ •-Page 2- Two conflicting government programs exist- Our ordinance is long-range and sets a long-term plan for use of land located in the County. The FmHA program is temporary and provides for "variances" in proper circumstances, but effects will be permanently existing separate parcels in our County. In any such case, the temporary program ought to be flexible enough so as not to destroy the longer term government policy and program. It appears to me that within the context of FmHA instruction §1944.11(b)(2)(c), the first of the two considerations could be satisfied on a "blanket" basis; the second listed considera tion may require FmHA case-by-case application. I advise you that on all future similar applications where the sole justification or "hardship" put forward by the applicant is the FmHA rule, I intend to vote to deny. I cannot speak for the other members of the Board of Adjustment but it would appear that all such applications will then be denied. I believe county government ought to assist its residents in taking advantage of this federal program. A "blanket" justifi cation would certainly help. If this is not done, the county citizenry faces a strong likelihood that no one will be able to take advantage of the current FmHA program. I dislike the federal government dictating to the County what its land use policy and regulation ought to be through this administrative order. It may be that other progressive county governments are faced with a similar problem. Call me if you want to \liscuss this further.Thank you. Very truly yours^ Thomas M. Stringer TMS;jb cc: Van Ellig Malcolm Lee t :!Me,.T .'fiiiBt FiiHA In# tructie^'li^'^A-A , I ■'-•.i'4l i*V.v i'.:f I o ;:U - f • - , tf • i: '• *. ■f-\:-i &:■ •rI f;.•I'!;' ’Mi? y, ,;-.l »I •» ■{^'•■! M:.r ,I *• r \tv",1' ■The Icpplicant^obt ^:.n • title ojr ah easement to the i;ji: dijiyeway /nd'it io ,incluci^ri in ithe, aecurity for the loan fovtelliji.,, i. con.Uer«. in .^’iSSifjtminias' the epplicant's repjaj^'nti‘"cbllity. (c) A .tu^a^jtractj .OQ which a; loan may not be , larger than a minisiji^'^ailijMte sitef which Is the amalleot* ores sufficient for the dwelling*^: aa^^equate’iwater and/or . at;.;e jdispbtiol aystem, other related . facilitiesa yard.ij^' In all-ca^^^n. a Tsite j>fmore than one acre must be asthorise'4^ by th^'j^St^te Director .u^d the reasons and justification . for ^cctjidin^Ybne ac^rp'^tiiist be record-id in thaj loan docket. In deter mining ^etiler.1 the piirpperty a minji'’-iia\^d«iiu^tO|j8ite the following ij(l) I' ^e »tra land does i not qualify!, as’ aminimum adequate ' site for • mnotharfdjfelli^iYi^- -t'' ' ;;! ' 1(2) '! The yalue of the extra laud is ,notJ;Mai|botantial porCio25« the'total'val^Tnf the propertyj.^UJ-' .!] ^ ■ (d) .^LoaM ^mpdp to .hfuy,ijbuild, or repair located in an area heviMjeft^'Al flood pr icnidplids hiir.o dj eropapbject to the conditions I8l?44.12fpim&j|ReseWedJ Vii!, . : I'I ’.■ i 1944.15 'Ovnerah.T;p'Tequireggats. ; ' , T !• .(a) Afta|rj,^tgie loan is closed,‘the bor.ouptj oust have an interest ; in the prppcrty to be purchased^ improvedi;';opixefinanced, which qualifies as onk x»frt^!.|P:Uo^sr, / •' ;;■ * . (1)^",Pull marketable title,'. - I i; ■ -r. iv i • ‘Si.’ i ■ - Vim Vi*I , andi' ill ■ .!:• ■; !; -i m ■ ■ ■ Jr r. Y Iw:: •1^11 -■i ■ i-f I • I fI V.-: 1 ■: I 1 i . i ll ;; *.1)I j:y.i-; ;i'--4. ^ •f .. !I I 1I ; r , I i-' 1 «.i- .V;’,'V.J.--.I I ■ t ;i-:! •,! •I '■*. ■ I 0 . t!t ';;. ..: •* • purchaser's interest under a lan<| purchase contract which pbligatl^ payment of the purch.-ae price, gives the rights of present possessjion, control and bencf i;: i«•-.]. use of ' the property, and entitles the purchaser ,to a .deed upon paying all or a specific part of the purchaaci price. : i •'" 'i ' ^. . i(3) ,,An undivided fee intereaj. che co-bwners meet the security requirer^nts imposed by 11944.18 (b)(8). itfv :■ i, ' ■.t-.Y..,:: (4) A life estate interest wit'n rights of present possession, 00 ^1^01 I and henef'-^'*^ nf i 0 ^ am a i vman et'itheY security • i •• •■ s •r I >1 1^1■-! Icontrol!and beneficial use of uhe property if the remaindermen ‘ * requirements .viiip*<8ed by J1944.18 (b)(9). i t {r ■•f v'I ^ i . i;-- •1 •!.•’< V.. i . ■. '•*r -■ .-l‘ i;; .r*■ ■! 14 * .I-'I . (I ;■»• \ •. !: :::i »;:<1 } ■!i t 1 i United States Department of Agriculture Farmers Home Administration 206 1st St. SE Wadena, MU 5614.82 RECEIVED - n JUN 171983 LAND & RESOURCE May 3, 1983 Mr. & Mrs. Jack A. Herr Rt. 2 New York Mills, MN 5656? Dear Mr. & Mrs. Herr, We have reviewed your application and determined that you are eligible for Rural Housing assistance, provided the trailer house is sold and Mrs. Herr's employment is terminated before loan closing. We will need a contract, specifications and blueprints. Sincerely, Daniel J. Labat Asst. County Supervisor Farmers Home Administration is an Equal Opportunity Lender. Complaints of discrimination should be sent to: Secretary of Agriculture, Washington, D.C. 20250