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HomeMy WebLinkAbout51000240179900_Variances_08-11-2022_H-2022 I Date Received 1281665 LYNN R LhRSOH OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 08/29/2022 09:35 AN HE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 6 ■PRTIFICATE REC'D: H 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.ottertailcountvmn.us ctti \ 'nu’ Application Fee %^0()' 60 Receipt Number - C ___________ Reviewed/Accepted By / Date /t76 /"/y'^Z- 218-298-0978RICHARD LEE WINKELS ET ALPROPERTY OWNER DAYTIME PHONE 45241 455TH AVE, PERHAM, MN 56573MAILING ADDRESS Agent for owner - MAVERICK.LARSON@TRUSTCOMPASS.COME-MAIL ADDRESS River Otter Tail River TRANSLAKE NUMBER _ SECTION TOWNSHIP LAKE NAME _LAKE CLASS Perham Township136RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS51000240179900 45512 County Hwy 80, Perham, MN 56573 LEGAL DESCRIPTION ELY APPROX 1075' OF THAT PT E1/2 W1/2 LYING BTW OLD & NEW HWY EX SL A BK 461 PG 789. IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER TAIL COUNTY ORDINANCE (Please Check) 0Shoreland Management Ordinance EH Sanitation Code 0Subdivision Controls Ordinance SECTION(S) OF ORDINANCE(S) VII -1. Each lot containing wetland area must be a minimum of 5 acres in size. EH Renewable Energy Ordinance EHother______________ I [Attached Subsurface Sewage Treatment System Compliance Inspection EH No septic system on property Inspection Date: Ruther Excavating Page 2 RICHARD LEE WINKELS ET ALProperty Owner Parcel Number 51000240179900 SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST: We would like to reduce the size of our house property from 21 acres to 3.32 acres with river access. My father, Mathias Winkels originally bought the 3 acre piece before buying the adjoining property to the west. Since they are adjoining the county attached the two properties and we would like the ability to sell the house in the near future. Due to wetlands along the river we don't meet the criteria which would allow 2.5 acres to be subdivided. ^ ^ U;A\ KV'J.j.f <jt> iL-C rvW !.--Vs fvuciUci^ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & NT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER I AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY //TimeDate Of Board of Adjustment Hearing Motion Richard Lee Winkels, Et Al -Variance Application Approved as Requested (6:28 p.m.) After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler, and carried to approve the variance request to create a 2.5 Acre Metes and Bounds Parcel with wetlands as depicted on the survey submitted with the variance application. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is August hairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) \ No R Official/Date N6-2Z.Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 i Richard Lee Winkels, Et A1 -Variance Application Approved as Requested (6:28 p.m.) Richard Lee Winkels, Ely Approx. 1075’ of that Pt El/2 Wl/2 Lying Between Old & New Hwy, Otter Tail River (56-OTR) in Perham Township requested the following: We would like to reduce the size of our house property from 21 acres to 3.32 acres with river access. My father, Mathias Winkels originally bought the 3-acre piece before buying the adjoining property to the west. Since they are adjoining the county attached the two properties and we would like the ability to sell the house in the near future. Due to wetlands along the river, we do not meet the criteria which would allow 2.5 acres to be subdivided. The total acreage is 53.27 acres. Will propose to split into 3 parcels. The proposed 2 other parcels will meet the size requirements needed. Richard Lee Winkels, property owner, and Maverick Larson, Compass Consultants, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler, and carried to approve the variance request to create a 2.5 Acre Metes and Bounds Parcel with wetlands as depicted on the survey submitted with the variance application. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is August 11, 2027. Other Business - None With no further business, Michael Donoho declared the meeting adjourned at 6:39 p.m. Prepared by: Amy Busko, Secretary The minutes were emailed on August 15, 2022, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment August 11, 2022 Page I 2 Chris LeClair DirectoreOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TAIl OesaTT •(•••IQTI 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: Richard Lee Winkels, Et Al Address/Parcel No. 45512 Co. Hwy 80 / 51000240179900 Requested Variance: We would like to reduce the size of our house property from 21 acres to 3.32 acres with river access. Mv father. Mathia.s Winkels originally bought the 3-acre piece before b uying the adjoining property to the west. Since they are adjoining the countv attached the two propertie.s and we would like the ability to sell the hou.se in the near future. Due to wetlands along the river we don't meet the criteria which would allow 2.5 acres to be subdivided. The total acreage is 53.27 acres. Will propose to split into 3 parcels. The proposed 2 other parcels will meet the size requirements needed. : WECS 11 Dock & Riparian Use □ Setback Ord.Otter Tail County Ordinance: [ 1 Shoreland Mgmt. □ Sanitation. X Subdivision. Ordinance Section Citation: Section VII Metes & Bounds Standards, 1. A variance may be granted only where the strict enforcement of county land use controls will result In a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Would like to divide the property where the existing home is being a little over 3 acres and would like to sell off that portion and keep the remaining property. 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). X Yes, the variance is in harmony with the general purposes and intent of the official control... n No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: This is a unique piece of property and the land use ordinance allows the property owner to develop the property. 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). X Yes, the property owner is proposing to use the property in a reasonable manner... [ I No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: There are similar land uses In the neighborhood. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... [ 1 No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The wetlands being onsite restricts the size of the parcel. 4. Will the issuance of the yariahce 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.) X Yes, the issuance ofthe variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintaih the essential character of the locality... ...because: There are similar land use patterns in the vicinity ofthe request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the yariahce is only for economic considerations... ...because: The lots sizes and the topography of the land along with the amount of water frontage which allows the property owners to meet the standards and all 3 lots will be suitable for building. The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES _ Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. 7^tce4ae£ T^Ma4aDATED: September 8, 2022 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustrnent's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. STAFF REPORT Richard Lee Winkels, Et AlAPPLICANT: We would like to reduce the size of our house property from 21 acres to 3.32 acres with river access. My father, Mathias Winkels originally bought the 3 acre piece before buying the adjoining property to the west. Since they are adjoining the county attached the two properties and we would like the ability to sell the house in the near future. Due to wetlands along the river we don't meet the criteria which would allow 2.5 acres to be subdivided. The total acreage is 53.27 acres. Will propose to split into 3 parcels. The proposed 2 other parcels will meet the size requirements needed. APPLICATION: 45512 County Hwy 80, 56573 - 51000240179900LOCATION: LAKE NAME/NUMBER/CLASS: Otter Tail River/56-OTR/Transition STAFF WHO COMPLETED REPORT: Amy Busko Staff Recommendation: Either approve or deny, if a motion is made to approve the application, staff recommends the following conditions be included: 1. i!t| i; I, Applicable Ordinances/Statutes i!Subdivision Controls Ordiance. METES AND BOUNDS STANDARDS No subdivision of real property in which the divided tract is described by metes and bounds shall be permitted, unless all tracts meet the following standards: Each lot, located in the Shoreland Area or containing a wetland area must be a minimum of 5 acres in size; and all other lots must be a minimum of 2.5 acres in size. VII. 1. !Shoreland Management Ordiance. 11- SECTION 9 SUBDIVISION/PLATTING PROVISIONS Purpose To ensure that new development minimizes impacts to shoreland resources and is safe and functional. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1! 1.'! If approved, include a sunset date 5 years to record the subdivision of property from date of j;; public hearing, as required in Section 3, Subp. 11 (C) of the Shoreland Management Ordinance: li I ;i ii !!!■ !!. i; r i:- ii' 'i ;| ll 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: Richard Lee Winkels, Et Al 45241 455*'^ Ave Perham MN 56573 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, August 11, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** 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: Legal Description:Parcel No. - 51000240179900 Ely Approx. 1075' of that Pt El/2 Wl/2 Lying Between Old & New Hwy Ex SL A Section 24, Township 136, Range 39 Township Name - Perham Otter Tail River (56-OTR), Transition (Trans) 45512 County Hwy 80, Perham MN 56573 Lake Name/Number/Class; Property Address: The variance requested is the following: We would like to reduce the size of our house property from 21 acres to 3.32 acres with river access. My father, Mathias Winkels originally bought the 3-acre piece before buying the adjoining property to the west. Since they are adjoining the county attached the two properties and we would like the ability to sell the house in the near future. Due to wetlands along the river we don’t meet the criteria which would allow 2.5 acres to be subdivided. The total acreage is 53.27 acres. Will propose to split into 3 parcels. The proposed 2 other parcels will meet the size requirements needed. July 28, 2022 Amy Busko Board of Adjustment Secretary ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 https://ottertailcountymn.us/Otter Tail County Web Map otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 5100024017990045512 County Hwy 80, Perham, MN 5657 PIN Property Address Square Footage of Lot Acres x 43,560 Property Area (from CIS or Survey):A13.32 144619Acres Total Area Allowed for Buildings A1 X .20 Total Area Allowed for Impervious Surface A1 X .25 28923.800000(ft^A336154.75A2 List ALL existing other impervious surfacesList ALL existing structure footprint areas Totai Impervious Surface Description AreaAreaDescription 45434565B11740Driveway/Paricing area(s)Total Impervious-BuildingsDwelling and Attached Garage 4565C1ft^743 Patio/Sidewalk Total Impervious-OtherDetached Garage Total Impervious Surface B1 +C1 91082060 ft=D1ft^Retaining wall(s)Shed(s) Total Percent Impervious (D1 +A1)x 100 6.30%Elft^ft=LandscapingMiscellaneous ft^ft=Deck(s)Recreational Camping Unit 27046.75Allowable Total Area Remaining A2- D1ft^ft^Other: Water Oriented Accessory Structure 4565 Project being requested:4543 C1B1Total Impervious-OtherTotal Impervious-Buildings Accessory structures less than or equal to 120 sq ft without a permit This exemption only applies to items I—I not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 +A1)x100 Reviewed by L&R □ El Greater than 15% Exemption Not Allowed Date:Int:B2 3.14% □ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft This Q exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands Allowable Building AreaRemaining A3 - B1 24,380.80B3 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/ Agriculture. Urban,Tributary Rivers)^ ^ 75 ft (Transition River) 100 ft (NE Lakes) _______________ 75 ftTransition RiversLake Classification Shore Impact Zone Area SI xS2 S3 35100S2468ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3x .15 S4 5265 List all other impervious surfaces in the Shore Impact ZoneList all structure footprints in the Shore Impact Zone Total Impervious Surface AreaAreaDescriptionDescription S5 0ft=ft^Patio/Sidewalk BuildingsBuilding(s) S6 0ft^ft^Deck(s)Other Total Impervious Surface S5 + S6 S7 fp0fpLartdscaping/retainging wall(s) Total Percent Impervious (S7f S3) X 100 0.00%ft"ft"Driveway/Parking area(s) ft"ft"Miscellaneous Allowable Area Remaining S4-S7 5265 ft"ft" ft"0 S6SIZ Total Impervious-Buildings 35 ft^SIZ Totai Impervious-Other 7/1/2021 DateSignaturePrinted Name otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 45512 County Hwy 80, Perham, MN 565/51000240179900Property Address PIN Property Area (from GIS or Survey):Square Footage of Lot Acres x 43.560 A13.32 Acres 144619 Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X .20 A2 36154.75 A3 28923.80000Cft= Ea List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious SurfaceDescriptionAreaDescriptionArea Total Existing Building Impervious from Page 1 Total Existing Impervious- Other from Page 14543 4565 ft=B1 C1 Total Proposed Building Impervious1740 9086 ft=4565 re F1Dwelling and Attached Garage Driveway/Parking area(s) Total Proposed Impervious- Other743ft=G1 9130Detached Garage Patio/Sidewalk Total Proposed Impervious Surface FI + G1_______________ 2060 18216ft=H1Shed(s)Retaining wall(s) Total Proposed Percent Impervious (HI *A1)x1Q0______ 12.60%fp 11MiscellaneousLandscaping ft^ Deck(s)Recreational Camping Unit Allowable Area Remaining A2 17938.75HI fFWater Oriented Accessory Structure Other 9130 fF9086FIG1Total Impervious-Buildings Total Impervious-Other Percent Building Impervious (FI f A1) X 100 6.28% Allowable Building Area Remaining A3-FI 19,837.8Qft= a SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agricultral, Urban.Thbutary River) o 4 75 ft (Transition River) ^ 100ft(NE Lakes) 75 ftLake Classification Transition Rivers Shore Impact Zone Area SI xS2 35100S2S3468ftAverage lot width in the Shore Impact Zone) Total Area Allowed for Impervious Surface S3x .15 S4 5265 fF List all proposed structure footprint areas List all proposed other impervious surfaces Total Proposed Impervious Surface Description Area Description Area Total Existing Building Impervious (Pg 1) Total Existing Impervious- Other (Pg 1)0 fF 0 fFS5S6 0fF fF S8 fFBuilding(s)Patio/Sidewalk Proposed Buildings 0fF fF S9 fFOeck(s)Proposed Other Total Impervious Surface S8* S9 0 fFfF fF S10Landscaping/Retaining wall(s) Total SIZ Percent Impervious (S10*S3)x100 0.00%fF fFDriveway/Parking area(s) fF fFMicellaneous 5265Allowable Area Remaining S4-S10 fF fF fF Total Impervious-Buildings S8 Q fP Total Impervious-Other /l) Printed Name Signature 7 0 fF 7 Date WINKELSPERHAM, MN 56573 Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS) Doc Type: Compliance and Enforcement MINNESOTA POLLUTION lilt CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting documentation - additional local requirements may also apply. Further information can be found here: https://www.pca.slate.mn.us/sites/default/files/wq-wwists4-31a.odf. Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of final determination of compliance or noncompliance. Property information Local tracking number: Parcel ID# or Sec/Twp/Range: 51000240179900 Property address: 45512 Co Hwy 80_________ Owner/representative: Richard Winkels ET AL Brief system description: 2 block tanks to straight pipe down hill System status Local regulatory authority: Ottertail County L & R Owner's phone: 218-298-0978 System status on date (mm/dd/yyyy): 7/19/2022__ O Compliant - Certificate of compliance'" (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check all applicable) ^ Impact on public health (Compliance component #1) - Imminent threat to public health and safety ^ Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety □ Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater D System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater ^ Soil separation (Compliance component #5) - Failing to protect groundwater n Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies Comments or recommendations 13 Noncompliant - Notice of noncompliance An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance or under section 145A.04 subdivision 8. Systems failing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. Certification / hereby certify that all the necessary- information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. By typing my name below, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this form. Business name: Scott's Septic Services, LLC Inspector signature: Certification number: 8571 License number: 3947 (This document has been electronically signed)Phone: 218-205-1667 Necessary or locally required supporting documentation (must be attached) □ Soil observation logs D Other information (list): □ Locally required forms □ Tank Integrity Assessment Q Operating Permit Available in alternative formats Page 1 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service651-296-6300 800-657-3864 1. Impact on public health - Compliance component #1 of 5 Compliance criteria:Attached supporting documentation: □ other: _______________________ □ Not applicable S Yes □ NoSystem discharges sewage to the ground surface □ Yes* S NoSystem discharges sewage to drain tile or surface waters. □ Yes* S NoSystem causes sewage backup into dwelling or establishment.________ Any “yes" answer above indicates the system is an imminent threat to public health and safety. Describe verification methods and results: 2. Tank integrity - Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: D Pumped at time of inspectionS Yes* □ NoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit? _______Name of maintenance business: H Yes' □ NoSewage tank(s) leak below their designed operating depth? License number of maintenance business: Date of maintenance: O Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy):(must be within three years) (See form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) ^ Tank is Noncompliant (pumping not necessary'- explain below) □ Other: _____ ___________ If yes, which sewage tank(s) leaks:both Any "yes" answer above indicates the system is failing to protect groundwater. Describe verification methods and results: https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Available in alternative formats Page 2 of 4 Use your preferred relay service651-296-6300 800-657-3864 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes' □ No S Unknown 3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes S No □ Unknown 'Yes to 3a or 3b - System is an imminent threat to public health and safety 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? ‘Yes to 3c or 3d - System is failing to protect groundwater. Describe verification methods and results: □ Yes S No □ Yes* 0 No Attached supporting documentation: ^ Not applicable Q 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 [Zl Not applicable Is the system operated under an Operating Permit?□ Yes □ No If “yes”, A below is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions is “no", this section does not need to be completed. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? □ Yes □ No Any “no” answer indicates noncompliance. Describe verification methods and results: □ Yes □ No Attached supporting documentation: O Operating permit (Attach) D https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 Use your preferred relay service • Available in alternative formats Page 3 of 4 5. Soil separation - Compliance component #5 of 5 S UnknownDate of installation (mm/dd/yyyy) ^ Yes □ NoShorelandA/Vellhead protection/Food beverage lodging? Attached supporting documentation: □ Soil observation logs completed for the report (Attach) Q Two previous verifications of required vertical separation (Attach) □ Not applicable (No soil treatment area) ^ Straight pipe to ground surface Compliance criteria (select one): □ Yes □ No*5a. For systems built prior to April 1, 1996, and not located in Shoreland or Wellhead Protection Area or not serving a food, beverage or lodging establishment: Drainfieid has at least a two-foot vertical separation distance from periodicaliy saturated soil or bedrock. □ Yes |3 No*5b. Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfieid has a three-foot vertical separation distance from periodically saturated soil or bedrock.* Indicate depths or elevations A. Bottom of distribution media NA B. Periodically saturated soil/bedrock NA C. System separation NA D. Required compliance separation*NA *May be reduced up to 15 percent if allowed by Local Ordinance. □ Yes GNo*5c. “Experimental”, “Other”, or “Performance” systems built under pre-2008 Rules; Type IV or V systems built under 2008 Rules 7080. 2350 or 7080.2400 (Advanced Inspector License required) Drainfieid meets the designed vertical separation distance from periodically saturated soil or bedrock. *Any “no" answer above indicates the system is failing to protect groundwater. Describe verification methods and results: Upgrade requirements; (Minn. Stat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas. Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 4 of 4 651-296-6300 800-657-3864 CDtt's epiic _ I BFViCBS, lie Ashliy, MN S\ooo^‘-fo^'i^^ooPARCEL# YEAR •218-205^=186?SCALE SKETCH OF PROPERTY "^o H ■'N O I / I I I } SCOTT ELLINGSON 201 MEADOW CIRCLE ASHBY, MN 56309 SCOTTSSEPTIC@OUTLOOK.COM (L3947)S CDtt's eptic ervicES, LLC Ashby, MN 218-205-1667 July 19, 2022 To Whom It May Concern; At the request of Compass Consultants Land Surveying, I conducted a field evaluation at the property parcel number 51000240179900 owned by Richard Winkels ET AL. The property is located on CO Hwy 80, Section 24, Township 136, Range 39 in Perham Township. The purpose of this evaluation was to determine if there are suitable soils on this parcel for construction of onsite septic systems for single family homes should the parcel be divided; the proposal would be 1 River lot as per drawing provided by Compass Consultants land surveying. I conducted soil borings on each of the proposed lots to determine the type of soil and the depth to the restricting layer as it pertains to onsite septic systems. The soils on the property are of Loamy Sand topsails with Medium Sand subsoils. Rock Fragmentation is less than 10%. The depth to the restricting layer was 84" on the proposed lots. These soils would allow a standard type I septic system to be installed on each lot. An area suitable to 2 five-bedroom systems was staked on each proposed lot as required by Otter Tail County. These areas are not exclusive of the area suitable for a septic system on each lot. They are simply an area that is suitable and not to be disturbed. As with any proposed construction, it is advised to consult a septic system designer before making any final decisions regarding the placement of a dwelling, non-dwelling or a well on the property. If there are any questions regarding this information, please call me at 218-205-1667 or send me an email to scottsseptic^outlook.com. Sincerely, Scott Ellingson Scott's Septic Services, LLC (3947) Onsitu .SCWAOC Soil Observation Log Project ID:V 04.02.2019 Client: ^\(Jr)0/iA l0int(g^l5 Co So Sou parent materials): (Check atl that apply) ^louhveui Qlacustune Qleess Qtm QAnuvmm Qeeeiod. QomanicMauw Location / Address: ^ □ Toe Slope Slope shape l^[_Landscape Position: (check one) ijownVegetation:Slope %’. ^Soil survey map units: 7o)I Elevation: Weather Conditions/Time of Day:Date :7Observation #/Locatton: A^P[ug,^A^Observation Type; Structure^1IRockIndlcator(s)Depth (In)Texture Matrix Color(s)Mottle Color(s)Redox Klnd(s)Frag. %ConsistenceGradeShape 10 )rLS'I. _M0-*6 3 V lO yv- %y~>'’ 1 *'LS vJ FnB^lO /oyrns L LM ffIS-¥0 .CIO SG byt Lm>^'-bS La(IO 5G b yrmbS'-B'i'L^10 5G7 Comments! thereby certify that I have completed this work im accordance with all applicable ordinances, rules and laws. Scott Ellingson 3947 (Designer/Inspector)(Signat(ire)(Pate)(License #)T7T V-. H\ ^0 ' / 10 \ \ L>/ I «n»vi«u>Onsitl Sewage Treatment Program Soil Observation Log Project ID:V 04.02.2019 Location / Address: Q Co 6Q Q OnganicWatter Client: T?;clnQyc) VO'AKtis fc I L Soil parent material(s): (Check all that apply) ^^Outwash □ Lacustrine □ Loess □ nil □ Alluvium □ Bedrock Slope □ Toe Slope Slope shapeQ Summit D Shoulder □ Back/Side Slope LLLandscape Position: (check one) Vegetation:4-/Soil survey map units: ^Slope %:Elevation: Weather Conditions/Time of Day:Scxinw Date Observation ^/Location: ( 15 Observation Type: UQ Structure-I IRockDepth (in)Texture Matrix Color(s)Mottle Color(s)Redox Kind(s)Indicator(s)Frag. %ConsistenceShapeGrade lO W frsLs^10•I ^"0-& IQ yr 4/3 LSGVis3-SQi ^10 )Q \j<4m" ,1 P\o lQ\j/tcr^•'-7 1^10 1'r 1 afComments I hereby certify that I have completed this work in accord^ce wi^ all applicable ordinances, rules and laws. Scott Ellingson 3947 (Designer/Inspector)(Signature)/^'’(Date)(License #) A ^ ftw 1 ~. I# — \(p'^ Hia/V (0'/ 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 28th day of Juuly 2022 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 NARichard Lee Winkels, Et Al 45241 455*'’ Ave Perham MN 56573 Marie Ashland, Clerk Perham Township 40498 450“’ Ave Perham MN 56573 City Clerk (if located within 2 miles of a city) City of Perham, Heather Hoeft, PO Box 130, Perham MN 56573 Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaQement@outlook.com UJ Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Eagl^ak^ LidaLlI^ Little Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 lid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little l^e & Dig Pine: Pelican, Fish, Bass & 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 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 Julie 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 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member judd Fischer - 711 Sunset Dr., Fergus Falls MN 56537 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: July 28, 2022 Extra 3_____ BOA Members__ PC Member_____ Envelopes____13 TOTAL NOTICES TO PRINT___24 j I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers Perham & FFDJ______ Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Richard Affidavit (56-OTR) 08-11-22.doex Buffer Mail Address iName Address 2 City, State, Zip Bongards Creameries 250 Lake Dr E Chanhassen MN 55317 9364 Eric E Bucholz 42188 450th Ave Perham MN 56573 8906 Glen A Bucholz 1137 Garnet Blvd Detroit Lakes MN 56501 2721 Burlington Northern Rr Co PO Box 961089 Fort Worth TX 76161 0089 Huebsch Family Farm LLLP 38543 470th Ave New York Mills MN 56567 9139 Brian G & Jenna J Kupferschmid 41851 460th Ave Perham MN 56573 8829 Michael & Patricia Hamann Tst 401 9th St SW Perham MN 56573 1684 Ronald C & Russell Palubicki 43148 Paul Lake DrS Perham MN 56573 8606 Perham Stockyards Inc PO Box 173 Perham MN 56573 0173 Steven C & Lisa Sheets 42252 450th Ave Perham MN 56573 8906 Steven & Lisa Sheets Fam Tst 42252 450th Ave Perham MN 56573 8906 Robert L & Debra J Weston 45266 County Highway 80 Perham MN 56573 8901 Roger L Winkels 45664 440th St Perham MN 56573 8701 Thursday, July 28, 2022 Page 1 of 1 ISppBuffer Parcels * Parcel No Name 1 Addrl Addr 2Name 2 Citv St Zip 51000240173000 Michael & Patricia Hamann Tst Perham MN 56573 1684401 9th St SW 51000240173001 Robert L & Debra J Weston 45266 County Highway 80 Perham MN 56573 8901 51000240173006 Perham Stockyards Inc Perham MN 56573 0173PO Box 173 51000240174000 Steven C & Lisa Sheets Perham MN 56573 890642252 450th Ave 51000240174002 Steven & Lisa Sheets Fam Tst 42252 450th Ave Perham MN 56573 8906 Bongards Creameries51000240175000 250 Lake Dr E Chanhassen MN 55317 9364 51000240176000 Bongards Creameries 250 Lake Dr E Chanhassen MN 55317 9364 Bongards Creameries51000240177000 Chanhassen MN 55317 9364250 Lake Dr E Bongards Creameries51000240177001 Chanhassen MN 55317 9364250 Lake Dr E 51000240179900 Roger L Winkels Perham MN 56573 870145664 440th St 51000240182000 Eric E Bucholz Perham MN 56573 890642188 450th Ave 51000250185000 Glen A Bucholz 1137 Garnet Blvd Detroit Lakes MN 56501 2721 51000250190000 Ronald C & Russell Palubicki 43148 Paul Lake DrS Perham MN 56573 8606 Brian G & Jenna J Kupferschmid51000250191000 Perham MN 56573 882941851 460th Ave 51000994001000 Burlington Northern Rr Co Account Payable Fort Worth TX 76161 0089PO Box 961089 52000190125000 Huebsch Family Farm LLLP New York Mills MN 56567 913938543 470th Ave 52000190125001 Brian G & Jenna J Kupferschmid Perham MN 56573 882941851460th Ave Brian G & Jenna J Kupferschmid52000300211000 41851 460th Ave Perham MN 56573 8829 52000300212000 Ronald C & Russell Palubicki 43148 Paul Lake Dr S Perham MN 56573 8606 52000994002000 Burlington Northern RrCo Account Payable Fort Worth TX 76161 0089PO Box 961089 Tlrursdav. July 28, 2022 Page 1 of 1 otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 45512 County Hwy 80, Perham, MN 5657 51000240179900Property Address PIN Property Area (from GIS or Survey);Square Footage of Lot Acres x 43,5603.32 A1Acres 144619 Total Area Allowed for Impervious Surface A1 X .25 Total Area Allov^d for Buildings A1 X .20A236154.75 A3 28923.8000001 E3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Totai Impervious Surface Description Area Description Area 1740 4565 4543B1Dwelling and Attached Garage Driveway/Partdng area(s)Total Impervious-Buildings 743 ft=4565ClDetached Garage Patio/Sidewalk Total Impervious-Other Total Impervious Surface B1 +C1 2060 ft^ft^D1 9108 ft^Shed{s)Retaining wall(s) Total Percent Impervious (D1 ■‘•A1)x100 ft^6.30%ft=ElMiscellaneousLandscaping ft^ft^Recreational Camping Unit Deck(s)27046.75 ^2Allowable Total Area Remaining A2-D1ft=Other:ft^Water Oriented Accessory Structure 4543B1 4565 ft^C1 Project being requested:Total Impervious-Buildings Total Impervious-Other Accessory structures less than or equal to 120 sq ft without a permit. This exemption only applies to items L-1 not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 -A1)x 100 Reviewed by L&R □ El Greater than 15% Exemption Not Allowed Int:Date:B2 3.14% □ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This Q exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building AreaRemaining A3-B1 B3 24,380.80 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/ Agriculture, Urban.Tributary Rivers) 75 ft (Transition Rivet^ 100ft(NE Lakes) Transition Rivers 75Lake Classification SI ft Shore Impact Zone Area SI xS2 S2 468 S3 ft^Average lot width in the Shore Impact Zone ft 35100 Total Area Allowed for Impervious Surface S3x .15 S4 ft^5265 List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone Total Impervious Sur^ceDescriptionAreaDescriptionArea ft^ft^Buiiding(s)S5Patio/Sidewalk 0 ft=Buildings ft^ Deck{s)ft^S6 0 ft=other Total Impervious Surface S5 + S6feft=S7 0 fpLandscaping/retainging wall(s) Total Percent Impervious (S7 + S3) X 100 ft^ft^0.00%Driveway/Parking area(s) ft^ft=Miscellaneous Allowable Area Remaining S4-S7 5265ft^ft^ 0SIZ Total Impervious-Buildings 35 ft^S6 ft^SIZ Total Impervious-Other 7/1/2021 Printed Name Signature Date otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 5100024017990045512 County Hwy 80, Perham, MN 5651 PIN Property Address Square Footage of Lot Acres x 43.560 Property Area (from GIS or Survey);A13.32 144619Acres Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X ,20 28923.800000 ft=36154.75 A3A2 D List ALL proposed other impervious surfacesList ALL proposed structure footprint areas Total Impervious Surface Description AreaDescription Area Total Existing Impervious* Other from Page 1 Total Existing Building Impervious from Page 1 4543 4565ClB1 Total Proposed Building Impervious 908617404565F1Driveway/Parking area(s)Dwelling and Attached Garage Total Proposed Impervious- Other743 fF 9130 fi"fp G1 Patio/SidewalkDetached Garage Total Proposed Impervious Surface FI f G1________________ 182162060 fF fp H1Retaining wail(s)Shed($) Total Proposed PercentImpervious (HI ♦ADxlOO 12.60%tP 11LandscapingMiscellaneous fFRecreational Camping Unit Deck(s) Allowable Area Remaining A2 17938.75 feHI fPfPVN^ter Oriented Accessory Structure Other 9130 fFGi9086FITotal Impervious-OtherTotal Impervious-Buildings Percent Building Impervious (FI +A1)x100 6.28% Allowable Building Area Remaining A3-FI 19.837.8QfF Ea SHORE IMPACT ZONE 37.5 n (GD Lakes) 50 ft Lakes/Agiicultral, Urban.Tributary River) o -1 75 ft (Transition River) 100ft(NE Lakes) 75 ftLake Classiflcalion Transition Rivers Shore Impact Zone Area SI xS2 35100S3S2468ftAverage lot width in the Shore Impact Zone) Total Area Allowed for Impervious Surface S3X.15 5265 fpS4 List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface Description AreaAreaDescription Total Existing Impervious- Other (Pg 1) Total Existing Building Impervious (Pg 1)0 fF0 fF S6S5 0 fFft'S8fFPatio/Sidewalk Proposed BuildingsBuiiding(s) 0 fFS9fFfFDeck(s)Proposed Other Total Impervious Surface S8 + S9 0 fFft=S10fFLandscaping/Retaining wall(s) Total SIZ Percent Impervious (S10 + S3)x100 0.00%ft'fF Driveway/Parking area(s) ft'ft'Micellaneous 5265Allowable Area Remaining S4-S10 fF ft'ft' Total Impervious-Buildings 38 Q Total Impervious-Other —.S9 /V Q /I Printed Name Signature ' ft' 7 Date 395780 No delinquent taxes and transfer entered; Certificate of ) filed ( required. No.L^__ OFFICE OF COUNTY RECORDER OITER TAIL MINNESOTA I hereby certify that 995780 this instrument #—--------------------- was filed/recorded in this office for record on the_/0—day of _2006at3Il&ant^r^) Wendy iLllwietcalt County ^order .well certi^ate Real Estate Value ( Certificate of Real Estate Value (Year) Wayne Stein, County Auditor by si-oop \W QUIT CLAIM DEED Individual(s) to Joint TenantsCLIENT Aim t , 2006STA r£ DIZED TAX; $ 1.65 Date; FOR VALUABLE CONSIDERATION, Matt R. Winkels and Margaret M. Winkels, husband and wife. Grantors, hereby convey and quit claim one-fourth of their interest in real property to Richard Lee Winkels and Patricia Winkels, Gr^tees as joint tenants, one-Joiirth of their interest in real property to Sharon Kay Haarstad and Larry' Haarstad, Grantees as joint tenants, one-fourth of their interest in real property to Roger Leo Winkels and Josie Winkels, Grantees as joint tenants, and one-fourthofthejr interest in real property to Russell Dean Winkels and Sheila Winkels, Grantees as joint tenants, said real property in Oner Tail County, Minnesota, describedias follows; Sec attachment hereto for legal description together with all hereditaments and appurtenances belonging thereto, subject to the follou'ing e.xceptions: Easements, restrictions, and reservations of record, if any. The total consideration for this transfer of real property was $500.00 or less. The grantors hereby reserve unto themselves a life estate in the above-described real property. ’ OL 'S'lz'p. v/irL STATE OT f^tlfiNS^TA DEED TAX __ DATE Jw H’ n> -Pt. Matt R, \Vinkels ' / • / Mhrgar^t Vv'iiikcls STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL) 2006, by Matt R.The foregoing instrument was acknowledged before me this Winkels and Margaret M. Winkels, iuisband.and wife, Grantors. Affix Nolarx' Seal Hltc day of MThis instrument was drafted by; Notary Public Tax staterheiits for the real property described ,in this instrument should be sent to; Dennis W; HappcI, Attorney at Law 100 Second Ave. SW, P. O. Box 157 Perham, MN 56573 aem Mr. and Mrs. Matt R. Winkels 45512 County Highway 80 Perham, MN 56573 k. Attachment to Quit Claim Deed by Matt Winkels and Margaret Winkels to Winkels et al dated March 24, 2006 That part of the following described property: That part of the East One-half of the West One-half (E14 of W‘/2) of Section Twenty-four (24), Township One Hundred Thirty-six (136), Range Thirty-nine (39), Otter Tail County, Minnesota, bounded on the north by State Trunk Highway No. 10 right of way, bounded on the south by the northerly line of the boundary of lands for State Project 5606 (10=2) 901 as shown on STATE HIGHWAY RIGHT OF WAY PLAT No. 56-7 as of public record in the Office of the Register of Deeds, Otter Tail County, Minnesota, and lying easterly of the following described line: Commencing at the southwest comer of the Northwest Quarter (NW‘A) of said Section Twenty-four (24); thence on an assumed bearing of North on the Westerly line of said Section Twenty-four (24) for a distance of 821.18 feet; thence North 40°0’ East 714.94 feet to the southerly right of way line of State Trunk Highway no. 10; thence South 49°5 T19” seconds east 1572.43 feet to point of beginning of line to be described; thence south 5°27’ 09” West a distance of 1051.65 feet to the northerly line of said State Highway Right of Way Plat No. 56-7 and there terminating; EXCEPT that part lying within Lot A of a plat map of the Northeast Quarter of the Southwest Quarter (NE14 of SW'A) of said Section 24, Township 136, Range 39 as of public record in the office of the Register of Deeds, Otter Tail County, Minnesota; Which lies east of the following described line: Commencing at the West Quarter comer of Section Twenty-four (24), Township One Hundred Thirty-six (136), Range Thirty-nine (39), Otter Tail County, Minnesota; thence on an assumed bearing of North on the Westerly line of said Section Twenty-four (24) for a distance of 821. 18 feet; thence north 40 degrees 00 minutes 00 seconds East a distance of 714.80 feet to the southerly right of way line of C.S.A.H. No. 80 Right of Way Plat No. 7, as filed of public record in the office of the Otter Tail County Recorder: thence South 49°50’22” East along said southerly right-of-way line, a distance of 1,572.43 feet to an iron monument which is the point of beginning of the line to be described; thence South 5°28’06” West a distance of 1,051.09 feet and there terminating. AND 1 That part of the Northwest Quarter of the Southeast Quarter (NW/4 of SE%) lying south of the right of way of the Northern Pacific Railway Company (including Sublot B of said NW% of SE14); that part of the Southwest Quarter of the Southeast Quarter (S W'A of SE'A) lying north of the Red River of the North, also known as Otter Tail River; Sublot A of the Northeast Quarter of the Southwest Quarter (NE'A of SW'A); and the Southeast Quarter of the Southeast Quarter (SE'/i of SE'A); all in Section Twenty-four (24), Township One Hundred Thirty-six (136), Range Thirty-nine (39), Otter Tail County, Minnesota, EXCEPT those portions thereof which are included in said Railway right of way and those portions thereof which are included in.State Highway Right of Way Plat No. 56-7 and in C.S.A.H. No. 80 Right of Way Plat No. 7, as filed of public record in the Office of the Otter Tail County Recorder, and subject to such easements. r