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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 7^/ ~7S LEGAL DESCRIPTION ^Th^ S>£Pur/-li_ 9" Aoc/^ c>-f- V>4<s_ ^^^ 7^4/^ 3^ 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 c?-f ^ f / LOCc C>^ ''y%^ / ^.v>(ii<S. <S( 5>& y /• > ^ ^ ^ ^ cf cV 72> ^ 7^ PxE <3cn'ie^ LJ( ' ~~T ' ‘<3-X , (> 4 <2_ 7kc ^ 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. I i Tf+4-4-i-ili-- I-'T—.1 itiT 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) .y. ■f - I 1I r-f-II „i„ iLi:t"''..!._4„ ti -i-i ----f- ( !I ■'~rI "f >1I I■”T 4 1 ItIT Tr!’ 3I m i u;f -4- I.1. J :\Afas ..4..:nI i»Ti :4 'lii-tr^—H1JJf- 4 l-..4■ I 4 4-^ -lU T~4 r.n 1 (-L tIr:1 K 5 ,__i —e:iii\3 0Si % I a if:!<■- a iSi\\ mil1SSi t to¥S;4^I AJ/444 ..L 44 X4:( ■r ■ I4I!iiL•t sa41 !Li"'"4I.1 IsBSE.1..._L. 1 1::tV 1 J j..j-.. r 4 -1 ---------L."i E:.—.f tI fR 1 i i I.jumI- 1 I EiySignature of Property Owner 'I I [I r—[ Rl—i" ”'i—["...f Ei—4...... — 329|086... j-VictQt Lundeen.C^ol Printers .i-Fergus Palls, MN ..^1-800-346j4870. ] I r ..........I...-[ bate..-........I E! ’ ’ 1 i ■BK^0207.1 -tnIi . I 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 ~J'S>£>urfl{^ /dd> <cr^^ Ac>c/^ ^ £>■/' A/^^ /~£><£ls- 7/^'~Aih^ ^^'27 3A/ TYPE OF VARIANC'e REQUESTED (Please Check) "3>tr "77 ■/ 2 >p> e> / 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 L O CfL ^ (7 A:> U 77^' yr cy UJ I / f f A 77'<C?’ 73^ C- M ^ c7 ~77> < 5> 7/ 17:? /A>^ U^i47/'pi^'T <2- £f '/ty / ^ pQi.a^ & y 1'.r UJ / / ( 7>^c: sWf T—(J- C &L C.'-r’y^? IS./ ynp, <^U yu''^ 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 :; :1 V-' : •■'.i V ■f 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 I ! .7 ■ i..1 !SCALE DRAWING FORMi i oof■ 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. r / %n Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) i ,| A7'T -ii 1. I I i I I 1 •}I I!r 1 f ;j I I-1 .^1I m \t .1*Sk 1 X,..., j.o T ; a ■ ^ t' ;, 'A-j:r1 ^ -I - i...i.. i 'A' I i .'J'Isc■ I-P ■ M ^ V\T :i '-iw-l...ir-^ i X [■ I [^ j1 1 II iiVJ\i :v.-1'VA ^.i O'VA 0IIcyi ! a i i ; s;X.I,1 m.1..I i I 0!i, ,ADt ■rj i 1' W • iI !I O IV3A :.j.'!]■ 7A i ■X.1.1r i k I 1 \1>IjI ■I"'I'I XIfOq'i 7.![ ;i I•}-p I i'1 I i I i .1~ i 1 I:i fI"it 1I" I.1 I i'i 1 f..f -7-r 'nn:i I 1 iI !M J !..I.rjy/Signature of Property Owner!^ pg,g : : ■ j ■ --i 329,086 ..v...Vicior Lundeen Co., Ptinters- •- Fergus Falls. MIM v 1-800-346-4870 IT"BK -T.: 0207-.i. I I1 1 SCALE DRAWING FORM jg ^m:oz^9 oo / 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). 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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: >List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Structure(s):Ft2 Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s); Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:R2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: %X100 == IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA t i I _4.__....I---------}-.. „..i-4....-.1.■f 4 4-Kt..h-|r :emo?,!t-9 CTO / 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 ali existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water ievel(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). 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Lu1 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft2Sjdewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping; (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: ^ 0I79£>.%X100 = 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