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HomeMy WebLinkAbout53000990387001_Variances_09-15-2005987712 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #—987712 was fiied/recorded in this office for record on the_<^__day of V^vfv^ 2005 atiLiO^^pm Wendy (L. Mejicai^ Qoqnty ^^order D^ujtyby: recoroing fee well certificate 'L. (£>< 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 CIZ. ^SjZ. Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE5^.0-ff 5^JUJc\y-/ }lO~l JtA bJVJ SSOl PROPERTY OWNER iMAILING ADDRESS c\V'LAKE NAMELAKE NUMBER )Hl LAKE CLASS TOWNSHIP RANGE 37 TOWNSHIP NAME LK ^^OOO ‘7^03^6 OOO onri 99 o s-7 o OQ SECTION Z 3 it E-911 ADDRESS VV4 yo Pic^ i-yUU (^c) R, J S~/^5 ___ PARCEL NUMBER Io4'IT Lo\-LEGAL DESCRIPTION G/or OhV<D Pr)■= / if s:5con^0^^bon I - TYPE OF VARIANCE REQUESTED (Please Check) #1 ✓) Sewage System X Subdivision Cluster Misc.Structure SizeStructure Setback SPECIFY VARIANCE REQUESTED To move southwest tip of lot line 19 32’ north to meet setbacks for garage on lot 20. Purchase 25’ x 315’strip north of lot 19 from John Edinger (have purchase agreement and written permition to move ahead with variance) then merge these lots together to create one lot (lot 19) that now meets today’s lot codes hence 100’ of lakeshore and 39,501 sq ft of area. Note: lot 19 (as is) was plated before Oct 15**' 1971 and meets 75% of today’s codes. With this variance lot 19 will meet 100% of today’s codes. Goal: to have both lots 20 and 19 considered standard lots that meet today’s codes. Note: lot 20 (after improvements) has 59,049 sq ft and meets all of today’s codes. 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 MANAGEMENT REGARDING THIS MATTER. DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) scw ,POc/S F’ /7 r>rr).TimeDate Of Hearing Motion Scott Stewart and John Edinger- Approved the variance requested as modified with a condition. (9:50 p.m.) October 13, 2005 Meeting -The audience was polled with no one speaking for or against the variance as requested. An email from Roger Workman and Larry Carter opposing the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to table, with the verbal permission of the applicant, this variance hearing until the November 3, 2005 Board of Adjustment meeting to allow the applicants an opportunity to reconfigure both proposed lots so that each lot has the required water frontage, required width at the building setback and the required area. November 3, 2005 Meeting - After discussion and consideratiqr^Steve Schierer made a motion, second by Michael Conlon and carried with Paul Larson voting no and with CeeifT^^ng abs^ining, to approv submitted at theT^fovepob^ 3, 2(M ^ It was notepKnat h6tn lots woujem frontage^d weri^d ha^^atte^O eation of two standard lots as depicted on the drawing feeting wifh-the conditi^ that a registered surveyor’s drawing must be provided. 9^O,OP0^uare feet of area, would have at least 100’ of watere OJ "Ol (iti^rman/Otter Tail (iounty Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No ./4 L R Official/Date ’Copy of Application Mailed to Applicant, Co. Assessor and: the MN DNR bk 0903-001 315,694 • Vicior Lundeen Co-, Pfiniers • Fergus Falls. Minnesota November 3, 2005 Page # 6 Dale A and Jeanne C Janssen - Approved the variance requested as modified. (8:45 p.m.) Dale A and Jeanne C Janssen, Lot 11 Block 2 Engstrom’s Beach and Lot 1 Block 2 Engstrom’s Beach First Addition, Big McDonald Lake in Edna Township, requested a variance of 75’ from the required ordinary high water level setback of 100’ and a variance of 14’ from the required road right-of-way setback of 20’ for the location of a structure 25’ from the ordinary high water level and 6’ from the road right-of-way. October 13, 2005 Meeting - The audience was polled with Wally Diekman speaking for the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to table, with the verbal agreement of the applicants, this variance hearing to allow the applicants an opportunity to consider other alternatives that perhaps would require less variance from the required setbacks. November 3, 2005 Meeting - After discussion and consideration, Michael Conlon made a motion, second by Steve Schierer and carried with Cecil Femling voting no, to approve a variance of 55.5 from the required ordinary high water level setback of 100’ and a variance of 14’ from the required road right-of-way setback of 20’ for the location of a structure 44.5 feet from the ordinary high water level and 6’ from the road right of way as depicted on the drawing submitted at the November 3, 2005 meeting. Hardship is a substandard lot of record and the variances as granted will provide the applicants with an ability to enjoy the same rights and privileges as others in this immediate area. It was also noted that there is a 66’ road right-of-way in this area. Scott Stewart and John Edinger - Approved the variance requested as modified with a condition. (9:50 p.m.) Scott Stewart and John Edinger, Lots 19 and 20 Gloria’s Oak Manor Beach, Rush Lake in Rush Lake Township, requested the following: To move southwest tip of lot line 19 32’ north to meet setbacks for garage on lot 20. Purchase 25’ by 315’ strip north of Lot 19 from John Edinger (have purchase agreement and written permission to move ahead with variance) then merge these lots together to create one lot (Loti 9 ) that now meets today’s lot codes hence 100’ of lakeshore and 39,501 square feet of area. Note: Lot 19 (as is) was platted before October 15, 1971 and meets 75% of today’s codes. With this variance Lot 19 will meet 100% of today’s codes. Goal: to have both Lots 20 and 19 considered standard lots that meet today’s codes. Note: Lot 20 (after improvements) has 59,049 square feet and meets all of today’s codes. October 13, 2005 Meeting -The audience was polled with no one speaking for or against the variance as requested. An email from Roger Workman and Larry Carter opposing the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to table, with the verbal permission of the applicant, this variance hearing until the November 3, 2005 Board of Adjustment meeting to allow the applicants an opportunity to reconfigure both proposed lots so that each lot has the required water frontage, required width at the building setback and the required area. November 3, 2005 Meeting - After discussion and consideration, Steve Schierer j made a motion, second by Michael Conlon and carried with Paul Larson voting no and with Cecil Femling abstaining, to. approve the creation of two standard lots as depicted on the drawing submitted at the November 3, 2005 meeting with the condition that a registered surveyor’s drawing must be provided. It wasjioted that both lots would have in.excesspl20,000 square feet of area,_wouid have at least 100’ of - water frontage and would have at least 100’ feet of width at the building line^___^ f i ■f Drawing rhust be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), c^r'dinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wet)and(s). Must also Include all proposed topographical alterations. Tax parcel Number(s) | I %Scale Impervious Surface s 50 1^1 lXi/');’- td'V .3Ht: 7 / /I/ A © L-lf/L'H 3/ / ; /A/si ; IVs ■3FM too' V 0 4: I (Si . 5'/Oo'1!!i '!( Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and pjrdposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), blufffs) & wetland(s). Must also include all proposed topographical alterations. Tax parcel Number(s) !I % Impervious SurfaceScale / / .// /\//! i «// :hj.i •V/iib/.> !!/■ /■/1// //{2-011 ' .-'T i C- it1i j;?' /i /// T-iA51/V! / !Z.-/F'L-n}! Z- Z‘3’ !/31, -2^-n .5^f / •ST-/t1 4 T I00' —{ f 1\ V K { j;i0 OHWLi; 1. !I ^ ^ ^ ®■: I i + {^) 5‘/■V-'I Ii Drawing must be to scale. Drawing'shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), , ordinary high water lavel(s), structure(s), septice fank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. Tax parcel Number(s) i % Impervious SurtaceScale i/ I t// // /i i ^f / 1fu.'I/ 5i i\i .5? “S' '///■' 1//,//I-/L__.I /;/i,----------'!‘A i....— -............//•/ // ;i n / L-mL~n{ i K'/ 37,;!./ . fv"";(i b-7F (I /Oo\ —^f iII! I 1!X 1iK!10 i ■I C^Wlm!i I! i :;■ *>“ "■ h' “ v]1—‘ lOo'1^1 5 I! j : Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s). > ordinary high water level(s), structure(s), sepHce tank(s), drainfield(s), blufffs) & wetland(s). Must also include aJI proposed topographical alterations. Tax parcel Number(s)i % Impervious SurfaceScale / / \ // ; i«3/ * ;i li ri -3cI; ■'i !,/I 3-»./!//-/I !/' '1 //r~-(Zcx ^ -A s\I / i ■' e !L-IS-Z- 2'=' / 5iii (■V •f Ti M T 5I\\ i 5'-^. 5*^7 % 1NiiiC3■I a^WL.4r :l-..-r 5i i IIs.- i + (^) 5 /?v'I! i :Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and pjroposed lotlines, road right-of-way(s), r ordinary high water lewel(s), structure(s), septice tank(s), drainfield(s), bluff(s) S wetland(s). Must also include proposed topographical alterations. Tax parcel Number(s) % Impervious SurfaceScalei/ / // j \\ «jT |M ii4,y Ja'ty t'-i-i'A'/ xV i !!/ 9^/ /I Ir“~:/i iI///!----t ‘ •''T 1 1............ // -f ' I i /-/A / 6i/ !L'/'S'L-nL -i t'/37, 5ii I/1tiM: I M .1 d T /Oo'I iI sI•ii V 1!0 ■I ■cMWL"i i!II 1!I■:! ■| •»i ■4^ JOo'(5.! 5'II October 13, 2005 Page #4 , . • I .1Dana and Sherry Reihke - Approved the variance request as modified with a condition. (7:58 p.m.) Dana and Sherry Reinke, Lots 7 and 8 Rabes Crystal Beach, Crystal Lake in Lida Township, requested a variance of 60' fronn the required ordinary high water level setback of 100’ for the placement of a structure 40’ from the ordinary high water level. The audience was polled with Jeff Berg and Rob Kimm speaking for the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 59’ from the required ordinary high water level setback of 100’ for the placement of a structure as depicted on the applicant’s drawing 4T from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Hardship is a substandard lot of record. James Elliott - Tabled per applicant’s request (8:05 p.m.) James Elliott, Sub Lot L of Government Lot 1, Section 11 of Scambler Township by Pelican Lake, requested a variance of 4.5’ from the required setback of 10’ for the location of a lift tank 5.5’ from an existing 24’ by 26’ garage. The audience was polled with no one speaking for or against the variance as requested. Prior to the meeting the applicant submitted a letter requesting the tabling of his variance hearing until the November 3, 2005 meeting. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and.unanimously carried, to table, per the applicant’s written request, this variance hearing until the November 3, 2005 meeting of the Board of Adjustment. Bruce and Nancy Monson - Approved the variance request as modified with conditions. (8:06 p.m.) Bruce and Nancy Monson, part of Lot 3 Clearmont Beach, Otter Tail Lake in Everts Township, requested a variance of 63” from the required side lot line setback of 10’ for the placement of a new structure 4’ 9” from the side lot lines and a variance of 4.8% from the 25% allowable imperious surface coverage for total impervious coverage of 29.8% after completion of the proposed development. The audience was polled with Jim Cook speaking for the variance as requested. After consideratipn and,discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of T 3” from the required side lot line setback of 10’ for the placement of a new structure 8’ 9" from the side lot lines with the condition that no more than 25% of the total lot.area can be covered with impervious surfaces and with the condition that the existing 8’ by 12’ shed must be placed in a location that complies with the setback requirements of the ordinance. The size of the proposed structure must fit within the variance as approved and cannot infringe on any other setback or ordinance requirements. Scott Stewart and John Edinger - Tabled. (8:17 p.m.) Scott Stewart and John Edinger, Lots 19 and 20 Gloria’s Oak Manor Beach, Rush Lake in Rush Lake Township, requested the following: To move southwest tip of lot line 19 32’ north to meet setbacks for garage on lot 20. Purchase 25’ by 315’ strip north of Lot 19 from John Edinger (have purchase agreement and written permission to move ahead with variance) then merge these lots together to create one lot (Lot19 ) that now meets today’s lot codes hence 100’ oflakeshore and 39,501 square feet of area. Note: Lot 19 (as is) was platted before October 15, 1971 and meets 75% of today’s codes. VVith this variance Lot 19 will meet 100% of today’s codes. Goal: to have both Lots 20 and 19 considered standard lots that meet today’s codes. Note: Lot 20 (after improvements) has 59,049 square feet and meets all of today’s codes. The audience was polled with no one speaking for pr against the variance as requested. An email from Roger Workman and Larry Carter opposing the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to table, with the verbal pennission of the applicant, this variance hearing until the November 3, 2005 Board of Adjustment meeting to allow the applicants an opportunity to reconfigure both proposed lots so that each lot has the required water frontage, required width at the building setback and the required area. VVayne Stein - Variance lot 19 Gloria’s Oak Manor Beach Rush Lake Page 1 "Roger & Sue Workman" <rsworkman@citlink.net> <wstein@co.ottertail.mn.us> 10/2/05 5:11PM Variance lot 19 Gloria's Oak Manor Beach Rush Lake From: To: Date: Subject: We oppose any variance on this lot. We feel lot should meet existing criteria without variance. Roger Workman and Larry Carter ^^ac\c\^r\~^'sr^nc\n A- gs~^ - '^KiCrmn Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. 39,5~oi %Scale Impervious Surface CoT.S-V I 'I >• \no''U \ II IGfhrI*'- I : f Z<3+ I'H I /vSI Nil itI I t V \ \<f> SI'JC' I^C-^ Lo\ i r I I i XS2."^-/Z'0<r Signature of Property Owner Date BK — 0505 322,627 • Victor Uindeen Co.. Printers • Fergus Fails. MN • 1-800-346-4870 SEP-ia-£005(WED) M:31 P. OOE/OOE c: CONSENT to APPLICATION FOR VARIANCE The undersigned, Jolm Edinger, aclcnowledges that he has reached agreement on the terms of sale of the Southwesterly 25 feel of Lot 18, Gloria’s Oak Manor Beach, to Scott Stewart, and that he consents to tlie application and appearance on an application for variance related to that property by Scott Stewart. Dated: * John Edinger ; SEP-14-2005 NED 03:35PM ID: ■PflGE:Er AGREEMENTPURCHASE Minnesota, July 2005 RECEIVES OF Scott Stewart, the Bum of One Thousand and no/lOOths ($1>000.00) DOLLARS as earnest money and in part payment for the purchase of property at Rush Lake, situated in Che County of Otter Tail, described as follows, co-wit; State of Minnesota, aind legally The Southwesterly 25 feet of Lot 16, slorla's Oak Manor Beach, otter Tail County, Minnesota This property consists o£ land only. all of which property the underelgncd lias this day sold to the Buyer for the sum of Fifteen Thousand and no/lOOths ($15,000.00) COLLARS. Earnest money herein paid $1,000.00 and $14,000.00, cash on or before Occ^h^ Time is of the essence in this Purchase Agreement. the date of closing. KUk 1 'Zooc DEED/MARKETABLE TITLE subject to performcince by Buyer, Seller agrees to execute and deliver a Warranty Deed (to be joined in by spouse, if anyl conveying marketable title to said premiaes subject only to the following exceptions; Building and zoning laws, ordinances, state and Federal regulations.(a) Restrictions relating to use or improvement of premises without effective forfeiture provision. (b) Reservation of any minerals or mineral rights to the State of Minnesota,(c) Utility and drainage casements which do not interfere with present improvements. (d) Rights of tenants as follows: (unless specified nob subject to tenancies) none (e) Others (must be specified in writing) none(f) REAL ESTATE TAXES ANP SPECIAL XBBRBBMEMTB Seller agrees to pay 100% of the real estate taxes due and payable in the year 2005. Buyer agrees to pay 100% of the real estate taxes due and payable in the year 2006. Seller warrants that real estate taxes due and payable in the year(s) 2005, will be non-homestcad classification, seller ma)ce8 no representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Special Assessments shall be paid as follows; (a)Installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing shall be paid in full t>y the Seller. (b)All ocher special assessments levied as of the date of closing shall be assumed by the Buyer. Special ossessmencs pending as of the date of this Purchase Agreement for improvements ordered by an assessing authority shall be paid by the Buyer. If Seller is to make this payment. Seller shall place into on escrow account an amount twice the estimated amount of the assessments, unless Buyer's lender requires otherwise. (c) If there are any deferred real estate taxes or special assessments which become due and payable as a result of the closing. Seller shall pay them on the date of closing. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter unless payment has been provided for above. As of Che date of this Agreement, Seller represents that Seller has not received a notice of hearing for a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the property. this Agreement and on or before Che date of closing. Buyer shall assume payment of all of any such special assessments, and Seller shall pay on date of closing (or escrow for payment as provided above) none of any such special If such special assessments shall exceed ss.ooo.oo, this Purchase Agreement shall If a notice of pending special assessment is Issued after the date of assessments. 5EP-14-E005 WED 02:E0PM ID:PPGE:2 f;P. 003/00J5EP-ia-2005(WED) 13:16 be null and void, parties agree to sign.cancellation of Purchase Agreement and all money paid hereunder shall be refunded, to Buyer, unless one or both of the parties agrees in writing oh or before the date of closing, provide for the payment of such excess. . earnest to assume, pay, or 11 POSSESSIOM seller further agrees to deliver possession not later than the date of closing. ADjnSTMENTS The Buyer and Seller agree that pro rata adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of the date of closing. RISK OF LOSS In the event there is any loss or damage to the property between the date hereof and the date of closing, for any reason including fire, vandalism, earthquake or act of God, the risk of loss shall be on Seller. if the property is destroyed or substantially damaged before the closing date, this Purchase Agreement shall become null and void, at Buyer's option, and earnest money shall be. refunded to Buyer; Buyer and Seller agree to sign a cancellation of Purchase Agreement. flood, TITLE AND EXAMINATIOW Seller shall,■within a reasonable time after approval of this Purchase Agreement, furnish an abstract of title, or a Registered Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. Buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made. Seller shall have 10 days from receipt of the objections to notify Buyer of Seller's intention to make title marketable within 120 days from receipt of the objection. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within lo days after written notice to Buyer, the parties shall perform this Purchase Agreement according to its terms. If no such notice is given or if notice is given but title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer. Neither party sliall be liable for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and seller agree to sign cancellation of Purchase Agreement. DEFAULT If Buyer defaults in any of the agreements herein. Seller may terminate this Purchase Agreement, and payments made hereunder may be retained by seller as liquidated damages. If this Purchase Agreement is not so terminated. Buyer or Seller may seek actual damages for breach of this Agreement or specific performance of this Agreement; and, as to specific performances, such action must be commenced within six months after such right of action arises. COVENANTS AND WARRAMTIE3 seller warrants that there is a right of access to the property from a public RIGHT OF WAY. THESE WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR deed;' , SELLER warrants THAT PAYMENT IN FULL WILL BE MADE BEFORE CLOSING FOR ALL LABOR. MATERIALS, MACHINERY, FIXTURES OR TOOLS FURNISHED IN CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY WITHIN 120 DAYS PRIOR TO CLOSING. SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 0? ANY LAW, ORDINANCE OR REGULATION WITH RESPECT TO THE PROPERTY OR AN'Y STRUCTURE THEREON.IF THE PROPERTY IS SUBJECT TO RESTRICTI'/E COVENANTS, SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS. BE PROVIDED TO BUYER IMMEDIATELY. ANY NOTICES RECEIVED BY SELLER WILL SELLER WARRANTS THE PROPERTY IS NOT DIRECTLY CONNECTED TO CITY SE1-(ER. SELLER WARRANTS THE PROPERTY IS NOT DIRECTLY CONNECTED TO CITY WATER. THERE IS NO WELL OR SEPTIC SYSTEM LOCATED OH THE PROPERTY.I SEP-14-E005 WED 0E:ElPri ID:PfiGE:3 SEP-U-E005(WED) 13; 16 p. ooa/ooa EMVIRONMEKTAL CONCERHS TO Che best of Seller's Icnowlcdge,. chere are no hasardous wastes, or underground storage canics located on said property. ENTIRE AgREEMEWT This Purchase Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire agreement between the parties. This Purchase Agreement supersedes any other written or oral agreements between Seller and Buyer and can be modified only in writing signed by Seller and Buyer. I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditi<^s herein expressed. I. the undersigned, owner of the property, do hereby accept this Purchase Agreement. H KarltAl scatuiMarital BtaCua Scott StewartJohn L. Sdinger Social Security No.Social Security no. M«rlca; CtatuaCatherine L. Edinger Social Security No. Co>^Sic)c/cc) V/oID /-P- On S:o-fV n NoT CtS- SEP-i-^-aees wed deieipm id:PRGE:'^ 982925 OFRCE OF COUNTY RECORDER OTTER TAIL ASINNESOTA I hereiqr certify that this Instrument #__ was filed/teconled in this officeforrecoKlonths-,3^dayof ^------Lk>£^2IRSatM)^pm tyiayoRter No delinquent taxes and transfer entered; Certificate of Real Estate Value ( filed ( ) not required.982925 Certificate of Real Estate Value No. __3lQ__ (ewr» Wayne Stein, County Auditor sA COrl .tecordins .eiellcertKIby Deputy 5-M WARRANTY DEED (mlividvoKs) tu Joint Tenants COUNTY OF OTTEB TAIL STATE OF MINNESOTA OEEOTAX $NUMBEHS.*33iie$ 4; DATE & - jo- MS- JiH STAT E DEED TAX DUE HEREON: $ 1.060,95 Date: August 26, 2005 FOR VALUABLE CONSIDERATION, Donald Hoai and Elizabeth J. Hoai, husband and wife, Grantoifs), hereby convey(s) and wanant(s) to Scott Stewart and Tracy Stewart, Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows: Lots Numbered Nineteen (19) and Twenty (20) of Gloria's Oak Manor Beach on Rush Lake in Otter Tail County, according to the recorded plat thereof, subject to existing easements and subject to an easement for ingress and egress over, across and upon that part ofLot Twenty (20) of Gloria's Oak Manor Beach, described as follows: Beginning at the nonhenunost comer of said Lot Twenty (20); thence Southeasterly on and along the Northeasterly line of said I,ot Twenty (20) a distance of 33 feet; thence South 44 degrees 3S minutes West to the intersection with the Northwesterly line of said Lot Twenty (20); thence North 14 degrees 2 minutes East on and along said Northwesterly line to the point of beginning and there terminating. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions; Covenants, Easements and Restrictions of Record, if any.^3-ODD- 53 - 0^0- i'l-'OW Check Box if Applicable: Q^ The Seller certifies that the seller does rx>t know of any wells on the described real property. A well ^Sclosi^c^^^j^^^^^]f^{^ifrifus'insnuriiow and 1 <-ci lity ihai me status and rrumber of wells on the oesenbed real property have not changed since the last previously filed well disclosure certificate. Donald Hoar . fV/Z-CT A Jj Eli^tb). Ho STATE OF MINNESOTA ) )ss COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me on this 26th day of August, 2005, by Donald Hoar and Elizabeth f, Hoar, husband and wife, Grantorfs). NOTARIAL ST AMT OR SEAL (OR OTttER TITLE OR RA.NK) SIGNATURE OF PERSO 10 /dfKNOWLEDGEMENT I RACHEL X)Y HOFMANN 1 Notary Public > Mnnesota: WyCtfiiqggaAriUmJltwaJyn.Mia Check here if pan at film the land is Registered (Tonens) Q Tax SatntienB for the ml propeny (teenbed in this insttvittent should be sent to (include name and address of Grantee): THIS INSTRL'MEKT WAS DRAiTED BV (NAME AND ADDRESS) Scon Stewart Tracy Stewart ' d Hi 40 PLaty waad Raad PCThmn NfN 56571. Title Services of Perbam 160 3id Ave. S.W. POBox 187 Perham,MN 56573 Order No.: 18452 PAGE:2 ;EP_14_£005 wed 03:06PM ID= Print Key Output Page 1 09/15/05 13:02:125722SS1 V5R3M0 040528 OTTER Display Device User ....QPADEV0023JTHOMPSO RCB310M1 RECAP Collection System R 53000990385000 Calc thru:16782 Inquiry - General Summary (A) R 9/15/2005 MP#: Total: EMV 25,700Dist: 5301 TIE Dist: Plat: 00604 Sect 2006 Mod?Taxpayer JOHN L EDINGER PO BOX 488WADENA MN 56482-0488 Deeded acresLMV15,200 GLORIA'S OAK MANOR BEACH Twnshp Range Lot Block Alternate 03914135 Subd:SWLY 25' LOT 18EscrowNON-HSTD - SEASONAL RES RECProp Address Adj/Chg Unpaid BalOriginalPaymentsTNet Tax Special Asmt Tot before P&I Penalty Interest Fees* *TotalsF2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=CAMA Y=CMP 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 must be present at the scheduled hearing. To Whom It May Concern: Scott Stewart and John Edinger 1107 Sims Rd NW Cedar, MN 55011 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 Thursday, October 13, 2005 at 7:30 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 Lots 19 and 20 Gloria’s Oak Manor Beach, Property Address - 44640 Plentywood Rd Section 23, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-141, Lake Name - Rush, Class - GD The variance requested is - the following: To move southwest tip of lot line 19 32’ north to meet setbacks for garage on lot 20. Purchase 25’ by 315’ strip north of Lot 19 from John Edinger (have purchase agreement and written permission to move ahead with variance) then merge these lots together to create one lot (Loti 9 ) that now meets today’s lot codes hence 100’ of lakeshore and 39,501 square feet of area. Note; Lot 19 (as is) was platted before October 15, 1971 and meets 75% of today’s codes. With this variance Lot 19 will meet 100% of today’s codes. Goal: to have both Lots 20 and 19 considered standard lots that meet today’s codes. Note; Lot 20 (after improvements) has 59,049 square feet and meets all of today’s codes. Stein Board of Adjustment Secretary Date: September 16, 2005 V. OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 19th, day of September, 2005 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Scott Stewart and John Edinger, 1107 Sims Rd NW, Cedar, MN 55011 Rose Stoll, Twp Clerk of Rush Lake, 38141 430*” Ave, Perham, MN 56573 Rush Lake Assoc^ PO Box 42, Perham, MN 56573 Otter Tail County Cola, % John Mattesion, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter TajI County Highway Engineer, Courthouse, 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, 3310 Rollins Beach Trls, Fergus Falls, MN 56537 Cecil B; Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Leona Zimmerman, 418 E Lakeside Dr, Fergus Falls, MN 56537 V.: 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: September 19th, 2005 Wayne Stein, Secretary Otter Tail County Board of Adjustment l/t>By: Vi Manderud « LARRY CARTER & ROGER WORKMAN 15545 GROVER AVE NW CLEARWATER MN 55320 2142 GARY C & BARBARA E CHRISTIE 44556 MCGOWAN ESTATES RD OTTERTAIL MN 56571 9431 DONALD A & JOSEPHINE M BOWERS 6350 eagle lake DR MAPLE GROVE MN 55369 6210 DONALD & ELIZABETH J HOAR 44640 PLENTYWOOD DR PERHAMMN 56573 9020 NATHAN HESS 44547 MCGOWAN ESTATES RD OTTERTAIL MN 56571 9431 JOHN L EDINGER PO BOX 488 WADENA MN 56482 488 RONALD W & GLENDA JOBE 450 1ST AVE SW WINNEBAGO MN 56098 2013 KURT B MAUER 5558 STATE HIGHWAY 27 BEARDSLEY MN 56211 4009 THOMAS HUEBSCH ET AL 4285 IVY CT LAKE ELMO MN 55042 9412 PAUL & JOYCE MOTSCHENBACHER 44967 PLENTYWOOD RD PERHAM MN 56573 9020 FAYE MYLLYKANGAS 620 4TH AVE SW HUTCHINSON MN 55350 2316 BRAD MORRIS RD PO BOX 634 CASSELTONND 58012 634 JAMES LEO & KAREN JEAN PSYCK 12881 MARTIN STNW COON RAPIDS MN 55448 7023 WILLIAM P & LUCINDA J REYNOLDS 12208 MISSISSIPPI DR N CHAMPLINMN 55316 2117 MARK PERRY 5595 163RD AVE SE KINDRED ND 58051 9535 DONALD M & BETTY R ROLINE 905 7TH ST NE STAPLES MN 56479 2213 P M RYLE 501 SKI HILL DR STAPLES MN 56479 3241 LAURAL RIECKMAN 620 9TH ST SW WILLMARMN 56201 3137 SCOTT & JRACY STEWART 1107 SIMS RD NW CEDAR MN 55011 9238 CLARENCE L & CORA STEFFENS 1011 7TH STSW WADENA MN 56482 1936 Countrycszstreet Addr Addr2 Addr3SortnameName1Name2 R •MAPLE GROVE MN 55369 62106350 EAGLE LAKE DRBOWERS,DONALD A & JOSEPHINE M DONALD A & JOSEPHINE M BOWERS CLEARWATER MN 55320 2142LARRY CARTER & ROGER WORKMAN 15545 GROVER AVE NWCARTER,LARRY & ROGER WORKMAN OTTERTAIL MN 56571 943144556 MCGOWAN ESTATES RDGARY C & BARBARA E CHRISTIECHRISTIE,GARY C & BARBARA E WADENA MN 56482 488PO BOX 488EDINGER,JOHN L JOHN L EDINGER OTTERTAIL MN 56571 943144547 MCGOWAN ESTATES RDNATHAN HESSHESS,NATHAN PERHAMMN 56573 902044640 PLENTYWOOD DRHOAR,DONALD & ELIZABETH J DONALD & ELIZABETH J HOAR LAKE ELMO MN 55042 9412THOMAS HUEBSCH ET AL 4285 IVY CTHUEBSCH,THOMAS ET AL WINNEBAGO MN 56098 2013RONALD W & GLENDA JOBE 450 1ST AVE SWJOBE,RONALD W& GLENDA BEARDSLEY MN 56211 40095558 STATE HIGHWAY 27MAUER,KURT B KURT B MAUER CASSELTON ND 58012 634PO BOX 634BRAD MORRIS RDMORRIS,BRAD PERHAMMN 56573 902044967 PLENTYWOOD RDMOTSCHENBACHER,PAUL & JOYCE PAUL & JOYCE MOTSCHENBACHER HUTCHINSON MN 55350 2316620 4TH AVE SWFAYE MYLLYKANGASMYLLYKANGAS,FAYE KINDRED ND 58051 95355595 163RDAVE SEMARK PERRYPERRY,MARK COON RAPIDS MN 55448 702312881 MARTIN ST NWPSYCK,JAMES LEO & KAREN JEAN JAMES LEO & KAREN JEAN PSYCK 12208 MISSISSIPPI DRN CHAMPLINMN 55316 2117REYNOLDS,WILLIAM P & LUCINDA J WILLIAM P & LUCINDA J REYNOLDS WILLMAR MN 56201 3137620 9TH ST SWLAURAL RIECKMANRIECKMAN,LAURAL STAPLES MN 56479 2213905 7TH ST NEDONALD M & BETTY R ROLINEROLINE,DONALD M & BETTY R STAPLES MN 56479 3241501 SKI HILL DRP M RYLERYLE,P M WADENA MN 56482 19361011 7TH STSWSTEFFENS,CLARENCE L & CORA CLARENCE L & CORA STEFFENS CEDAR MN 55011 92381107 SIMS RD NWSTEWART,SCOTT & TRACY SCOTT & TRACY STEWART #CountryStreet Addr Addr3 CSZParcel Number Sortname Name1 Name2 Addr2 a *PERHAMMN 56573 902053000140085000 MOTSCHENBACHER.PAUL & JOYCE PAUL & JOYCE MOTSCHENBACHER 44967 PLENTYWOOD RD LAKE ELMO MN 55042 9412THOMAS HUEBSCH ET AL 4285 IVY CT53000140085001HUEBSCH,THOMAS ET AL 620 9TH ST SW WILLMARMN 56201 313753000990377000RIECKMAN.LAURAL LAURAL RIECKMAN WADENA MN 56482 193653000990378000STEFFENS,CLARENCE L & CORA CLARENCE L & CORA STEFFENS 1011 7TH STSW HUTCHINSON MN 55350 2316620 4TH AVE SW53000990379000MYLLYKANGAS,FAYE FAYE MYLLYKANGAS 53000990379001 5595 163RDAVE SE KINDRED ND 58051 9535PERRY, MARK MARK PERRY STAPLES MN 56479 221353000990380000ROLINE,DONALD M & BETTY R DONALD M & BETTY R ROLINE 905 7TH ST NE CASSELTON ND 58012 63453000990381000BRAD MORRIS PO BOX 634MORRIS,BRAD RD WINNEBAGO MN 56098 201353000990382000 JOBE,RONALD W& GLENDA RONALD W & GLENDA JOBE 450 1ST AVE SW BEARDSLEY MN 56211 400953000990382001KURT B MAUER 5558 STATE HIGHWAY 27MAUER,KURT B CLEARWATER MN 55320 2142LARRY CARTER & ROGER WORKMAN 15545 GROVER AVE NW53000990383000CARTER,LARRY & ROGER WORKMAN STAPLES MN 56479 324153000990384000P M RYLE 501 SKI HILL DRRYLE,P M WADENA MN 56482 48853000990385000EDINGER,JOHN L JOHN L EDINGER PO BOX 488 MAPLE GROVE MN 55369 6210BOWERS,DONALD A & JOSEPHINE M DONALD A & JOSEPHINE M BOWERS 6350 EAGLE LAKE DR53000990385001 PERHAM MN 56573 902053000990386000HOAR,DONALD & ELIZABETH J DONALD & ELIZABETH J HOAR 44640 PLENTYWOOD DR PERHAM MN 56573 902053000990387000HOAR, DONALD & ELIZABETH J DONALD & ELIZABETH J HOAR 44640 PLENTYWOOD DR COON RAPIDS MN 55448 702353000990508000PSYCK,JAMES LEO & KAREN JEAN JAMES LEO & KAREN JEAN PSYCK 12881 MARTIN ST NW OTTERTAIL MN 56571 943153000990509000CHRISTIE,GARY C & BARBARA E 44556 MCGOWAN ESTATGARY C & BARBARA E CHRISTIE CEDAR MN 55011 923853000990510000 STEWART, SCOTT & TRACY SCOTT & TRACY STEWART 1107 SIMS RD NW WILLIAM P & LUCINDA J REYNOLDS 12208 MISSISSIPPI DR N CHAMPLINMN 55316 211753000990511000REYNOLDS,WILLIAM P & LUCINDA J THOMAS HUEBSCH ET AL LAKE ELMO MN 55042 941253000990512001HUEBSCH,THOMAS ET AL 4285 IVY CT 44547 MCGOWAN ESTAT OTTERTAIL MN 56571 943153000990512002HESS, NATHAN NATHAN HESS MOTSCHENBACHER,PAUL & JOYCE PAUL & JOYCE MOTSCHENBACHER 44967 PLENTYWOOD RD PERHAMMN 56573 902053000990828000 53000990829000 MOTSCHENBACHER,PAUL & JOYCE PAUL & JOYCE MOTSCHENBACHER 44967 PLENTYWOOD RD PERHAM MN 56573 9020 Pre-<Application Site Inspection Request Lake / River No.Lake / River Name SectionLake/River Class Twp Name LK3io^IHl Parcel(s) No.Property (E-911) Address l^oocl^0 Property Owner information: Name(s): o-^ Address: Daytime Phone: Type of Request: Bluff; __ OHWL: 'X Stringtest:___Determination * Verify Setback *Determination Stake Setback Verify Setback *Determination Stake Setback Miscellaneous *: * Requires scale drawing accompany Pre-ApplicationSite Inspection Request & request must be staked onsite /0^c?-o Property Owner Date /Q'-r7-or^Received By: Land & Resource Management Staff Date INSPECTION COMPLETED (inspection must be done within 10 days of receipt): Date Property Owner Notified .Date Onsite Inspector (Inspector must provide site drawing or field notes on other side.) Site Visit Request Form 12/27/04 rr1 '<^1 ® [0^ 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 l?>^ 4^^ Accepted By / Date ^It5l ()5 CIZ. ^SIZ. Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Sco4f PHONE I} £>7 Sj/Yi ^ ,l2A SJvJ Oe^a^/^U SSOU PROPERTY OWNER MAILING ADDRESS LAKE CLASS <SC> (^5^1 LK LAKE NAME R<JLAKE NUMBER SC- SECTION Z3 TOWNSHIP range 37 S-300(5 ooo ^ir30no99O!g??~?rt0Q@_______ TOWNSHIP NAME E-911 ADDRESS W6V0 Plcv\^-y/(JJ<Kx) /?JPARCEL NUMBER <D LEGAL DESCRIPTION G/okioi oh'd (D 1 «? TYPE OF VARIANCE REQUESTED (Please Check) Structure Size____Sewage System X Subdivision____ Cluster Misc.Structure Setback SPECIFY VARIANCE REQUESTED To move southwest tip of lot line 19 32’ north to meet setbacks for garage on lot 20. Purchase 25’ x 315’strip north of lot 19 from John Edinger (have purchase agreement and written permition to move ahead with variance) then merge these lots together to create one lot (lot 19) that now meets today’s lot codes hence 100’ of lakeshore and 39,501 sq ft of area. Note: lot 19 (as is) was plated before Oct 15'*' 1971 and meets 75% of today’s i codes. With this variance lot 19 will meet 100% of today’s codes. Goal: to have both lots 20 and 19 considered standard lots that meet today’s codes. Note: lot 20 (after improvements) has 59,049 sq ft and meets all of today’s codes. 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 MANAGEMENT REGARDING THIS MATTER. 7-/Z- DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 4---f S^oAn^n^s'-7,nnr> ^ Zs.X^7:fCDnn -^ Tax parcel Number(s)—r~' 4 must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, roadiright-of-way(s), ; ___JiiQhlwateLiBVteifs)^tructu:efs)>aeDliceJankfsi-dtainfield(s)-iiluff(sL&-walJand(slJMufiLaisQ ingiiJd&flILpmpQsari tnpogrflphirai aitprfltinnft 75 >1Sc»l^injpervious SurfaMT T f T +I rs t i TIi !T T} £:T T t T5fTXTTiT! i X. i yu- +y1-"K I x;rjiQ-:I ■ i 4^-t Ir Xr-:-1 2?i I- -1'i.■M ■ T j-T t7~^ 4--t-rjiii- I t T I T T T 4-TT 1.0^ r.......r—X 1 ; ' ^ ^ : ~ T4-;-4- 4- T-vr I X t +t 1 + |T]T:~nTtr-H-U4- azrqn:rmi±w24: 4+U44.; x- T TX -*•TT r r-T TT 4—^X t Tr T+T Tr I:T I T r TtTiTI- b3ex:4.T t T r Tr~i I TXTI:4.X4—X tT-i-I XX T tX t 1 Xd:T T ■-4.r-^1-T"n' . fXr XXT I T=F “ • Sionalure nf Pmrwrtw fhwn«r+T