HomeMy WebLinkAbout48000350229001_Variances_11-10-2008OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that ^
this instrument J-------------
1049141
was fiied/recorded in this office
on the ft___^day of
2008at /g-OQ-a
rder
for recQ
Recording
’ well certificsme
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 ^3~lD 0 ^_____
/43I44
Soc/eAZ- DAYTIME PHONE ?/^'■237' ^
Non ' 6i\oi^^ l»nc{ ^
- -----■ LAKE NAME '—
/37
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
CLuh''^/-$ c»7<^PROPERTY OWNER
MAILING ADDRESS
LAKE CLASS 'LAKE NUMBER
3^3^TOWNSHIP RANGE TOWNSHIP NAMESECTION
E-911
ADDRESS
PARCEL
NUMBER
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LEGAL DESCRIPTION ^Th^ S>£Pur/-li_ 9" Aoc/^
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TYPE OF VARIANC'e REQUESTED (Please Check)
Subdivision ~)C ClusterStructure Size Sewage System Misc.Structure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATinw
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEK%NT RI DING THIS MATTER.
//^ 23^aa
RTY OWNER / AGENT FOR OWNERSIGNATURIPI DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Ot Hearing)
f
/•* /?/nTimeDate Of Hearing
Motion
Curtis and Doreen Savela - Approved the variance application as requested with a condition. (6:49 p.m.)
After discussion and consideration, Carl Zick made a motion, second by Paul Larson and unanimously carried, to approve the
proposed subdivision as described in the variance application dated November 10, 2008 and as depicted on the drawing
submitted with the variance application with the condition that a registered surveyor’s drawing must be provided at the time of
conveyance.
Ch^rman/Otter Tail County ^ard of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
X No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls. Minnesota
1010921
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1 hereby certHy that lUlu J.
this instrument #----------------------was filed/recorded in4his office
for record flfi the_iJL.day of2006atiiJ^/pm;
Wen^\ Metsalf^pouritv Rdbfder ^
ry
%.recording
.well certificate■ UXiCONTRACT FOR DEED
Individual to Joint Tenants
No delinquent taxes and transfer
entered; Certif icate^f Real
Estate Value ( L*""'} filed (
) not requiredCertific
Na.
20
County Auditor
PPrby^
Deputy
. )6 2006Date:
THIS CONTRACT FOR DEED is made on the above date by Wostside Laestadian Lutheran
Congregation £/k/a West Side Apostolic Lutheran Congregation, Sebeka, Minnesota, Seller
(whether one or more), and Curtis Savela and Doreen Savela, Purchasers, as joint
tenants.
Seller and Purchasers agree to the following terms:
Seller hereby sells, and Purchaser hereby buys, realPROPERTY DESCRIPTION,
property in Otter Tail County, Minnesota, described as follows:
1.
The South 10 rods of the East 8 rode o£ the SE4 of the
and the North 10 rods of the East 8 rods of the NEW of the
SEW, Soctlon 35, Township 137, Range 36
together with all hereditaments and appurtenances belonging thereto (the Property).
Seller warrants that title to the Property is,
Contract, subject only to the following exceptions:
on Che date of this2. TITLE.
Covenants, conditions, restrictions, declarations and easements of record, if
any;
Reservations of minerals or mineral rights by the State of Minnesota, if any;
Building, zoning and subdivision laws and regulations;
The lien of real estate taxes and installments of special assessments which are
payable by Purchaser pursuant to paragraph 6 of this contract; and
The following liens or encumbrances:
(a)
(b)
(c)
(d)
(e)
none
Upon Purchaser’s prompt and full3.DELIVERY OF DEED AND EVIDENCE OF TITLE,
performance of this contract. Seller shall:
Execute, acknowledge and deliver to Purchaser a Warranty Deed, in recordable
form, conveying marketable title to the Property to Purchaser, subject only to
the following exceptions:
Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this
contiacn;
Liens, encumbrances, adverse claims or other matters which Purchaser has
created, suffered or permitted to accrue after the date of this contract; and
The following liens or encumbrances:
none
(a)
(i)
(ii)
v|
(iii)
!
Deliver to Purchaser the abstract of title to the Property or, if the title is
registered, the owner's duplicate certificate of title.
(b)
Purchaser shall pay to Seller, at P. O. Box 349, Menahga, MN4 .PURCHASE PRICE.
56464, the sum of Ten Thouseuid and no/lOOths ($10,000.00] Dollars, as and for the
purchase price for the Property, payable as follows;
i
v‘%. •
Five Hundred and no/lOOths ($500.00) Dollars as a down
payment, the receipt of which is hereby acknowledged, with
the unpaid principal balance in the amount of Nine Thousand
Five Hundred and no/lOOths ($9,500.00) Dollars, together with
interest thereon at the annual rate of 6.5% from December 1,
2006, payable in equal consecutive znonthly installments of
principal and interest in the amount of One Hundred and
40/l00ths ($100.40) Dollars with the first payment due and
payable January 1, 2007, and subsequent payments due on the
first day of each month thereafter until paid in full.
prepayment. Unless otherwise provided in this contract, Purchaser shall have the
right to fully or partially prepay this contract at any time without penalty.
Any partial prepayment shall be applied first to payment of amounts then due
under this contract, including unpaid accrued interest, and the balance shall be
applied to the principal installments to be paid in the inverse order of their
maturity. Partial prepayment shall not postpone the due date of the installments
to be paid pursuant to this contract or change the amount of such installments.
5.
Purchaser shall pay, before penalty accrues,
all real estate taxes and installments of special assessments assessed against
the Property which are due and payable in the year 2007 and in all subsequent
Real estate taxes and installments of special assessments which are due
6.REAL ESTATE TAXES AND ASSESSMENTS.
years.
and payable in the year in which this contract is dated shall be paid as follows:
The property Is exenpt from real estate taxes in 2006.
Seller warrants that the real estate taxes and installments of special
assessments which were due end payable in the years preceding the year in which
this contract is dated are paid in full.
7.PROPERTY INSURANCE.
INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and
fixtures now or later located on or a part of Che Property insured against loss
by fire, extended coverage perils, vandalism, malicious mischief and, if
applicable, steam boiler explosion for at least the amount of the outstanding
balanco of this Contract for Deed. If any of the buildings, improvements or
fixtures are located in a federally designated flood prone area, and if flood
insurance is available for that area, Purchaser shall procure and maintain flood
insurance in amounts reasonably satisfactory to Seller.
(a)
The insurance policy shall contain a loss payable clause in favor(b)OTHER TERMS.
of Seller which provides that Seller's right to recover under the insurance shall
not be impaired by any acts or omissions of Purchaser or Seller, and that Seller
shall otherwise be afforded all rights and privileges customarily provided a
mortgagee under the so-called standard mortgage clause.
In the event of damage to the Property by fire or ocher
casualty, Purchaser shall promptly give notice of such damage Co Seller and the
insurance company.
(c)NOTICE OF DAMAGE.
B.DAMAGE TO THE PROPERTY.
APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other
casualty, the insurance proceeds paid on account of such damage shall be applied
Co payment of the amounts payable by Purchaser under this contract, even if such
amounts are not then due to be paid, unless Purchaser makes a permitted election
described in the next paragraph. Such amounts shall be first applied to unpaid
accrued interest and next to the installments to be paid as provided in this
contract in the inverse order of their maturity. Such payment shall not postpone
the due date of Che installments to be paid pursuant to this contract or change
the amount of such installments. The balanco of insurance proceeds, if any,
shall be the property of Purchaser,
(a)
(b)PURCHASER’S ELECTION TO REBUILD. If Purchaser is not in default under this
contract, or after curing any such default, and if the mortgagees in any prior
mortgages and sellers in any prior contracts for deed do not require otherwise,
Purchaser may elect to have that portion of such insurance proceeds necessary to
repair, replace or restore the damaged Property (Che repair work) deposited in
escrow with a bank or title insurance company qualified to do business in the
State of Minnesota, or such other party as may be mutually agreeable to Seller
and Purchaser. The- election .may only btr n'3'ie hy written notice to Seller within
sixty days after the damage occurs. Also, the election will only be permitted if
the plans and specifications and contracts for the repair work are approved by
Seller, which approval Seller shall not unreasonably withhold or delay. If such
a permitted election is made by Purchaser, Seller and Purchaser shall jointly
deposit, when paid, such insurance proceeds into such escrow. If such insurance
proceeds are insufficient for the repair work. Purchaser shall, before the
commencement of the repair work, deposit into such escrow sufficient additional
money to insure Che full payment for Che repair work. Even if che insurance
proceeds are unavailable or are insufficienc co pay che cost of the repair work.
Purchaser shall at all times be responsible to pay the full cost of the repair
work. All escrowed funds shall be disbursed by che escrowee in accordance with
generally accepted sound construction disbursement procedures. The costs
incurred or to be incurred on account of such escrow shall be deposited by
Purchaser into such escrow before the cormnencement of the repair work. Purchaser
shall complete the repair work as soon as reasonably possible and in a good and
workmajUike manner, and in aiiy event-the repair work shall be completed by
Purchaser within one year after the damage occurs. If, following the cory^letion
of and payment for the repair work, there remain any undisbursed escrow funds,
such funds shall be applied to payment of the amounts payable by Purchaser under
this contract in accordance with paragraph 8(a) above.
9.INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
Seller shall be free from liability and claims for damages by reason(a)LIABILITY.
of injuries occurring on or after Che date of this contract to any person or
persons or property while on or about the Property,
indemnify Seller from all liability, loss, costs and obligations, including
reasonable attorneys' fees, on account of or arising out of any such injuries.
However, Purchaser shall have no liability or obligation to Seller for such
injuries which are caused by the negligence or intentional wrongful acts or
omissions of Seller.
Purchaser shall defend and
Purchaser shall, at Purchaser's own expense, procure and(b)LIABILITY INSURANCE,
maintain liability insurance against claims for bodily injury, death and property
damage occurring on or about Che Property in amounts reasonably satisfactory to
Seller and naming Seller as an additional insured.
INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and
maintain pursuant to paragraphs "7 and 9 of this contract shall be issued by an
insurance company or companies licensed to do business in the State of Minnesota
and acceptable to Seller. The insurance shall be maintained by Purchaser at all
times while any amount remains unpaid under this contract,
policies shall provide for not less than ten days written notice to Seller before
cancellation, non-renewal, termination or change in coverage, and Purchaser shall
deliver to Seller a duplicate original or certificate of such insurance policy or
policies.
10.
The insurance
CONDEMNATION. If all or any part of the Property is taken in condemnation
proceedings instituted under power of eminent domain or is conveyed in lieu
thereof under threat of condemnation, the money paid pursuant to such
condemnation or conveyance in lieu thereof shall be applied to payment of the
amounts payable by Purchaser under this contact, even if such amounts are not
Chen due to be paid. Such amounts shall be applied first to unpaid accrued
interest and next to the installments to be paid as provided in this contract in
the inverse order of their maturity. Such payment shall not postpone the due
date of the installments to be paid pursuant to this contract or change the
amount of such installments. The balance, if any, shall be the property of
Purchaser.
11.
12.WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings,
improvements or fixtures now or later located on or a part of the Property, nor
shall Purchaser commit or allow waste of the Property. Purchaser shall maint.^in
the Property in good condition and repair. Purchaser shall not create or permit
to accrue liens or adverse claims against the Property which constitute a lion or
claim against Seller's interest in the Property. Purchaser shall pay to Seller
all amounts, costs and expenses, including reasonable attorneys' fees, incurred
by Seller to remove any such liens or adverse claims.
Seller shall, upon Purchasei:’s full performance of this contract, pay13.DEED TAX.
the deed tax due upon the recording or filing of the deed to be delivered by
Seller to Purchaser.
If either Seller or Purchaser assign.s their interest in14 .NOTICE OF ASSIGNMENT,
the Property, a copy of such assignment shall promptly be furnished to Che non
assigning party.
15.If Purchaser fails to pay any sum of money required
under the terms of this contract or fails to perform any of Purchaser’s
obligations as set forth in this contract, Seller may, at Seller’s option, pay
the same or cause the same to be performed, or both, and the amounts so paid by
Seller and the cost of such performance shall be payable at once, with interest
at the rate stated in paragraph 4 of this contract, as an additional amount due
Seller under this contract. If there now exists, or if Seller hereafter creates,
suffers or permits to accrue, any mortgage, contract for deed, lien or
encumbrance against the Property which is not herein expressly assumed by
Purchaser, and provided Purchaser is not in default under this contract. Seller
shall timely pay all amount.s due thereoj\, and if Seller fails to do so, Purchaser
may, at Purchaser's option, pay any such delinquent amounts and deduct the
amounts paid from the inscallmenc ne:.t com.i.ng due under this contract.
PROTECTION OF INTERESTS.
DEFAULT. The time of performance by Purchaser of the terms of this contract is
an essential party of this contract, should Purchaser fail to timely perform any
of the terms of tliis contract, Seller may, at Seller's option, elect to declare
this contract canceled and terminated by notice to Purchaser in accordance with
applicable law. All right, title and interest acquired under this contract by
Purchaser shall then cease and terminate, and all improvements made upon the
Property and all payments made by Purchaser pursuant to this contract shall
belong to Seller as liquidated damages for breach of this contract. Neither the
extension of the time for payment of any sum of money to be paid hereunder
any waiver by Seller of Seller's rights to declare this contract forfeited by
16.
nor
4 .
reason of any breach shall in any manner affect Seller's right to cancel this
contract because of defaults subsequently occurring, and no extension of time
shall be valid unless agreed to in writing. After service of notice of default
and failure to cure such default within the period allowed by law, Purchaser
shall, upon demand, surrender possession of the Property to Seller, but Purchaser
shall be entitled to possession of the Property until the expiration of such
period.
The terms of this contract shall run with the land and bind the17.BINDING EFFECT,
parties hereto and their successors in interest.
Headings of the paragraphs of this contract are for convenience only18.HEADINGS.
and do not define, limit or construe the contents of such paragraphs.
Sellors and Purchasers agree that Seller need not provide19.SEPTIC SYSTEM.
Purchasers with a Septic System Disclosxire Statexnont as part of this transaction.
Purchasers acknowledge that they are purchasing the personal property and
inprovoRients located on the subject property, including the septic system, ''AS
IS" and in its present condition.
This sale does not include the storage shed, the kitchen20.PERSOllAL PROPERTY.
items and supplies, and other church related inventory, the organs, baptismal
stand and church bell which will be removed by the Sellers.
Purchasers shall not sell or assign their interest in21.RESTRICTION ON ASSIGNMENT,
this contract for Deed, or the property being purchased herein, without the
advance written consent of Seller.
22.NEhL DISCLOSURE. Deed.A Well Disclosure Certificato accoxrpanies this Contract for
SELLERS:PURCHASERS:
Westside L
By:
Curtis Sav^^aYlltaloRe:
,^uu-.eAj*chajT
Dwxel^arvi
Its: Treasurer
Doreen Savola
By:
STATE OF MINNESOTA )
} Ss.
COUNTY OF
The foregoing was acknowledged before me this ^ day of
by K&mxt Ylitalo and Daniel Jarvi, the Chairman and Treasurer of Westside Lacstadian
Lutheran Congregation t/y^/a^ Host Side Apostolic Lutheran Ccgigregation, Sebeka,
Minnesota, Seller.
, 2006,
isa^^^wwawwwwaaawsaaaai
Notary PublicI Notary Fublic-Minne&oUl \
S. l/yCcfnrr^'vibn8010|STATE OF
> SS .
COUNTY OF -'Ll-day ofThe foregoing was acknowledged before me this
by Curtis Savela and Doreen Savela, husband and wife, as Purchasers.
2006,
^VIAA/WWAAA^ ^ IDAVID e. SiLTALA |
/ Notary Fubffo-Wlhneivoia 3
My .'xn :ll, 3010 3 Notary Public
Tax Statements To:
THIS INSTRUMENT DRAFTED BY:Curtis and Doreen Savela
61880 - 480™ Stroflt
Sebeka, MH 56477Timothy J. Pederson
PEDERSON i PEDERSON, P.A.
Attorneys at Law
24 Southwest Colfax
P.O. Box 623
Wadena, MN 56462-0623
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Wednesday, December 3, 2008
The Otter Tail Gounty Board of Adjustment met Wednesday, December 3, 2008, with the following persons in
attendance:
Michael Harris
Steve Schierer
Scott Ellingson, Land and Resource Management
Chris Stuber, Assistant County Attorriey
Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the November 6, 2008 meeting as mailed
The Board of Adjustment considered the following applications for variance:
Larry L. Heidebrink - Approved the variance application as requested. (6:32 p.m.)
Les Estes
Randall Mann
Paul Larson
Carl Zick
Larry L. Heidebrink, Lot 6 Block 1 Stalker View Acres, Stalker.Lake in Tordenskjold Township, requested a variance to
have Lot 6 Block 1 of Stalker View Acres declared buildable for single family residential purpose. The lot has 37,833
square feet and the required square footage is 40,000 square feet. The plat was created/recorded on December 17,
1975. The audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to declare Lots
Block 1 of Stalker View Acres a buildable lot for single family residential purposes. It was noted that the variance as
approved will provide the applicants with the ability to enjoy the same rights and privileges as others in this
development.
Kay Neitzke Tst - Denied. (6:35 p.m.)
Kay Neitzke Tst, part of Lot 5 and all of Lot 6, Block 1 Lenius Beach, Little McDonald Lake in Edna Township,
requested the following: We would like to remodel our lake home which was built in the 70's. VVe purchased in 2000.
The remodeling will include making our current deck into a 4 season room. The deck is 70’ away from the ordinary
high water level so we are asking for a 5’ variance. Roger Neitzke.represented the applicant at the public hearing.
The audience was polled with no one speaking for or against the variance as requested. A letter from Ardell
Wiegandt, Chairperson of the Little McDonald, Kerbs and Paul Lakes Improvement District indicating no objections to
the variance as requested was read for the record. After discussion and consideration, Randall Mann made a motion,,
second by Steve Schierer and unanimously carried, to deny the variance as request as no adequate
hardship/practical difficulty had been shown that would prohibit the applicant from obtaining a reasonable use of her
property without the granting of the variance as requested. It was also noted that there are other opportunities for the
proposed development that the applicant should consider.
Curtis and Doreen Savela - Approved the variance.application as requested with a condition. (6:49 p.m.)
Curtis and Doreen Savela, part of the Southeast Quarter of the Northeast Quarter and part of the Northeast Quarter of
the Southeast Quarter, Section 35 of Paddock Township, requested a variance to split a 1 acre parcel into two one-
half acres parcels each 8 by 10 rods. The parcel with the existing building will become a single family residential use.
The other parcel will become permanently attached to existing cemetery parcel. Request split to be done without a
survey. Rueben Rottaka, a member of the Paddock Bethany Cemetery Association, appeared with the applicant at
the public hearing. A letter from Clayton Paurus in support of the variance application was noted for the record. The
audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Carl Zick made a motion, second by Paul Larson and unanimously carried, to approve the proposed
subdivision as described in the variance application, dated November 10, 2008 and as depicted on the drawing
submitted with the variance application with the condition that a registered surveyor's drawing must be provided at the
time of conveyance.
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Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
//^,7 %
Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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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
M3144
Accepted By / Date I hlO '0^
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
S(ic7<^/<-o^e.en <?_ DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
Mon ■’ 6l\o>^^ nci
---------- LAKE NAMELAKE NUMBER LAKE CLASS “
3^3^/37TOWNSHIPSECTION RANGE TOWNSHIP NAME
PARCEL
NUMBER 3^^0317 93><o/E-911
ADDRESS
LEGAL DESCRIPTION
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TYPE OF VARIANC'e REQUESTED (Please Check)
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Subdivision 7 ClusterStructure Setback Structure Size Sewage System Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATIOM
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
1 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAG DINGT+tlS MATTER.NT Rl
//- z^:)-aa
RTY OWNER / AGENT FOR OWNERSIGNATURPI DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
;IV :;
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:
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Date Of Hearing Time
1
Motion
;
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
;
Yes (Contact Land & Resource Management)
No
;
!
;
'i
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
>!
bk 0407-001
329,512 - Victor Lundeen Company. Fergus Falls. Minnesota
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Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), blutf(s) & wetland(s). Must also include all proposed topographical alterations.
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(Must Complete Worksheet On Other Side)
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BK —0207 : 329,066 • VictOf Lundeen Co., Printers • Fergus Falls, MN « 1-600-34&4870:t-fR.L-U-iJii:Ii
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
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IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
.V
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, 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.
To Whom It May Concern:
Curtis and Doreen Savela
61880 480'*’ St.
Sebeka, MN 56477
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
Wednesday, December 3, 2008 at 6:30 p.m.
in the Commissioners’ 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 as
part of the Southeast Quarter of the Northeast Quarter and part of the Northeast Quarter of the Southeast Quarter,
Property Address - 46503 County Highway 75
Section 35, Township 137, Range 36 - Township Name - Paddock
Lake No. 56- NA, Lake Name - NA, Class - NA
The variance requested is -
a variance to split a 1 acre parcel into two one-half acres parcels each 8 by 10 roads. The parcel with the existing building will
become a single family residential use. The other parcel will become permanently attached to existing cemetery parcel. Request
split to be done without a survey.
Ti^e^ne Stein
Board of Adjustment Secretary
Date: November 12, 2008
\ ■
»•
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, 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.
To Whom It May Concern:
Curtis and Doreen Savela
61880 480'" St.
Sebeka, MN 56477
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
Wednesday, December 3, 2008 at 6:30 p.m.,
in the Commissioners’ 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 as
part of the Southeast Quarter of the Northeast Quarter and part of the Northeast Quarter of the Southeast Quarter,
Property Address -46503 County Highway 75
Section 35, Township 137, Range 36 - Township Name - Paddock
Lake No. 56- NA, Lake Name - NA, Class - NA
The variance requested is -
a variance to split a 1 acre parcel into two one-half acres parcels each 8 by 10 roads. The parcel with the existing building will
become a single family residential use. The other parcel will become permanently attached to existing cemetery parcel. Request
split to be done without a survey.
M^ayne Stein
Board of Adjustment Secretary
Date: November 12, 2008
FINDINGS OF FACT
SUPPORTING/DENYING AN AREA VARIANCE - f
> T
An area variance may be granted only where the strict enforcement of county zoning controls will result in
“practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the
following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter
Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.:
Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?
Will the request have an adverse effect on government services? Why or why not?2.
Will the requested variance effect a substantial change in the character of the neighborhood or will it result in
a substantial detriment to neighboring properties? Why or why not?
3.
Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in
the analysis under this factor) Why or why not?
4.
How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5.
Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6.
Does existing sewage treatment need upgrading?7.
Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the
neighborhood?
8.
In light of all of the above factors, would denying a variance serve the interests of Justice? Why or why not?
The BOA should weigh and balance each of the elements when deciding whether the variance application should be
granted.
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 14th, day of November, 2008 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Curtis M and Doreen M Savela, 61880 480*'^ St, Sebeka, MN 56477 2649
Dale Mattson, Twp clerk of Paddock, 48211 County Highway 19, Sebeka, MN 56477
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
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
David Trites, 20944 Westwood Dr, Ciitherall, MN 56524 9596
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: November 14th, 2008
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
GREGORY M & VICKIE L PAURUS
31519 US HIGHWAY 71
SEBEKAMN 56477 2160
CLAYTON E PAURUS
46406 COUNTY HIGHWAY 75
SEBEKAMN 56477 2700
PADDOCK BETHANY CEMETERY ASSC
NO ADDRESS KNOWN
FREDERICK H & BETTY J SIIRILA
62529 COUNTY HIGHWAY 8
SEBEKAMN 56477 2534
CURTIS M & DOREEN M SAVELA
61880 480TH ST
SEBEKAMN 56477 2649
TIMOTHY D PAURUS ET AL
556 RED OAK CT
EAGAN MN 55121 2335