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HomeMy WebLinkAbout53000990611000_Variances_04-11-2019Variances 2 Barcode 128 ‘4'n‘Zoi°\ "1T Date Stamp 1220464 •SfcCEiVED OEC J 3 20U CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/RESI3TRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/03/2019 08:24 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: NL&R Initial 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 fifTh 2-0/<4 Accepted By / Date~l Y ^iz- 7r»z COMPLETE THIS APPLICATION IN INK Receipt Number SMvc. Amttrijcc PROPERTY OWNER DAYTIME PHONE _ 73V*7 Bfrksl\>r^ CT Mctpk Grovt. AtAJ SS3U 56 - 2-V3 MAILING ADDRESS Af^r.'or*LAKE CLASSLAKE NAMELAKE NUMBER L«IK^SECTION 7 TOWNSHIP < 35 RANGE TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER 3^7^^ Ajctr-on S duhuUA /VA) 6U^:>'77^ 53 ooo ^<fOh l/ooo LEGAL DESCRIPTION .0]/[C Lo-t 3 Bli< f TYPE OF VARIANCE REQUESTED (Please Check) //Subdivision Cluster WECS Misc.Structure Setback Structure Size Sewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS ^ THIS WILL BE USED FOR PUBLIC NOTIFICATION. itc jkeer^ 2.foO C(r\c( jre«r clo3e<' fhecti 2.^' /o OW L /X >o (,0- D/JiVictnc-e: ^i^o\r^luncl Munyirn€>n}— SdC-KM 0^A\yirji^(.^ : TTr- . Sechons H . A. W..44. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY.O'j I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.- o-li. I— COCO 4^ -.£i“h-i It CC' OF^R^ERTY OWNER / AGENT FOR OWNER DATESIGNATURE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) c Date Of Hearing I U , ^ / 9 (^■50Time Motion Steve and Amanda Wrangham - Denied (6:35 p.m.) After consideration and discussion, Darren Newville made a motion, second by Doug Larson and carried with Steve Schierer voting no, to deny the variance request as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that the property owner must have the structure removed by July 1, 2019 and work with Land & Resource to bring the property into compliance and minimize soil disturbance. Chairman/Otter Tail County Board cff 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 bk 08232017-001 364,738 • Victor Lundeen Co,. Printers • Fergus Falls. MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION Kyle Westergard Asst. DirectorOTTCRTimottertaiicountymn.us GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment After-the-Fact Variance Addendum Address/Parcel No. 38784 Marion Dr. S. Richville. MN/53000990611000Applicant: Steve 8t Amanda Wrangham If the Board of Adjustmer)t finds that the criteria have been rhet for the five questions on the Findings of Fact and Decision form, then the following additional criteria must be considered and weighed by the Board of Adjustment in determining whether to approve or deny a request for an After-The-Fact variance. CRITERIA / BOARD OF ADJUSTMENT MEMBER PCSSDLTLDNKV 1. Was there any attempt to comply with the applicable official controls? Indicate why the applicant failed to obtain the required permit or comply with the applicable official control before commencing work.____________________________ 2. Did the applicant make a substantial investment in the property before learning of the failure to comply with the applicable official control?I y.53. Did the applicant complete the work before being informed of the violation of the applicable official controls?____________ 4. Are there similar structures in the area? 5. Based on all of the facts, does it appear to the Board of Adjustment that the applicant acted in good faith? 6. Would the benefit to the County appear to be outweighed by the detriment the applicant would suffer if forced to remove the violation? Facts supporting the answer to each question above, together with those other facts that exist in the record, are hereby certified to be the Findings of the Board of Adjustment. the requested variance.The Otter Tail County Board of Adjustment:APPROVES DENIES This decision is based on: )(Application •^Information received at public hearing Staff report j)<;Pictures Viewing by____members of the Board of Adjustment miaDATED: Board of Adjustment Chair 1 ■ 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). No - the Variance is not in harmony with the general purposes and intent of the official control because it is a non- compliant structure. 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). No - The property owner is not proposing the use the property in a reasonable matter permitted by the official control because the structure is not permitted. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior landowners? (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?) No - The need for a variance due to circumstances unique to the property not created by the landowner because it is not unique to the property, there are other properties that are similar. 4. Will the issuance of the variance 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 nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) N/A 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 considerable more does not constitute a practical difficulty). N/A 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 Adjustment'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. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 18, 2019 The Otter Tail County Board of Adjustment met Thursday, April 18, 2019, with the following persons in attendance: Rick Wilson Darren Newville Douglas Larson Kenneth Vorderbrugen Chris LeClair, Land & Resource Management, Director Kyle Westergard, Land and Resource Management, Assistant Director Ben Olson, Assistant County Attorney Member(s) Absent: Thomas Lee Steve Schierer Called to Order - Steve Schierer, Chairman 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 March 14, 2019 meeting as corrected. The Board of Adjustment considered the following application(s) for variance: Steve and Amanda Wrangham - Denied (6:35 p.m.) Steve and Amanda Wrangham, Lot 3 Block 1 of Adams Point, Marion Lake in Rush Lake Township, requested the following After- the-Fact request: Structure is greater than 260 and closer than 20’ to OHWL. Structure is 20’ x 20’ for a total of 400 sq. ft. Drip line is 5’ from lake. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, second by Doug Larson and carried with Steve Schierer voting no, to deny the variance request as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that the property owner must have the structure removed by July 1, 2019 and work with Land & Resource to bring the property into compliance and minimize soil disturbance. Robert Larson - Denied (7:10 p.m.) Robert Larson, Pt GL 5 Com SE Cor...(.22 Acres) in Hobart Township, requested the following: Replace permitted camper with a 28’ X 28’ dwelling & construct 12’ x28’ deck. Cabin to be 36’ from OHWL (Req. is 100’) & deck at 24’ from OHWL (Req. is 100’). Proposed cabin at the closest point will be 18’ from road right-of-way (Req. is 20'). Proposed impervious surface in SIZ is 744 ft^ 260 ft^ is allowed. Proposed will be place on a substandard lot of record. Existing dwelling is permitted at 22’ from OWHL. Trying to setback as far as possible. Trying to keep in same location to block boat access ramp next to us. The audience was polled with the following individual speaking in regard to the variance request: Gary Skillings wanted a clarification of the last line in the notice which indicates "Trying to keep in same location to block boat access ramp next to us”. He was concerned that they were going to build their structure on the boat access, he also stated that this is a small lot and they should be able to construct a structure on it. Letters & Emails from Brenda Koski & Scott & Vickie Meyer expressing concerns were read for the record. A letter from Marilyn Skillings indicating that she has no objection to building on the lot was read for the record and a letter from Terry Hanson opposing the proposal was read for the record as well. After consideration and discussion, Steve Scheirer made a motion, second by Kenneth Vorderbruggen and unanimously carried to deny the variance request as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that there is a previous variance dated October 14, 2004 with an amended drawing accepted by the Board of Adjustment on 12-1-04 that allows for reasonable use of the property. Page I 1 of 4 April 29, 2019 LAND & RESOURCE ; OTTER miL 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: Steve & Amanda Wrangham 7349 Berkshire Ct Maple Grove MN 55311 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, April 11, 2019 at 6:30 p.m. in the Commissioner's 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 Otter tail County Land & Resource Management office prior to the date of the public hearing. The property concerned in the application is legally described and located at: Lot 3 Block 1 - Adams Point Section 7, Township 135, Range 39 Township Name - Rush Lake Marion Lake (56-243), General Development (GD) 38784 Marion Drive S., Richville MN 56576 Legal Description: Lake Name/Number/Class: Property Address: ;■ The variance requested is the following: This is an After the Fact Request. Structure is greater than 260 ft^ and closer than 20' to OHWL. Structure is 20' x 20' for a total of 400 sq.ft. Drip line is 5' from lake. Amy Busko Board of Adjustment Secretary March 28, 2019 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 LIVE YOUR best life HERE. Marsha Bowman From: Sent: Marsha Bowman Monday, February 11, 2019 10:42 AM Steve Wrangham Michelle Jevne; Ben Olson; Amy Busko; Denise Gubrud; Wayne Stein RE: Conditional Use Permit Application / Variance Application; Post Pone Consideration Until Snow has Cleared - Marion Lake (56-243) To: Cc: Subject: Good Morning Steve, Thanks for responding so promptly! As you requested in your email, due to the weather, your Conditional Use Permit Application and Variance Application considerations will be postponed until the snow cover has cleared and the site can be viewed. Once these Applications have been placed on the appropriate Agenda, you will be notified of the meeting dates. Have a nice day! Marsha Mcu-iha^Bowmoyn/ Officx/Ad^yiOniity-cUor L(M\d/tr Reiotu'ce' (55C, SWWTir Fer^FoOU-, HN 56537 218-998-8099 ojlf Uil} From: Steve Wrangham <stevewrangham@gmail.com> Sent: Monday, February 11, 2019 10:33 AM To: Marsha Bowman <MBowman(®co.ottertail.mn.us> Subject: Conditional Use Permit Hearing Good Morning Marsha, Per our conversation today, I agree to postpone the hearing on my permit application and variance until the commissioners can view the site. I look forward to your notification ahead of the next available meeting once the snow has cleared enough. Regards, Steve Wrangham 1 Date Stamp RECEIVED DEC 1 3 2013 WNDi*?ESOORCE L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT / INTERIM USE PERMIT 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 S'VJ-'I— Application Fee ^o/V-/Y>COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date 73 Vy Strjish're. CT 6ro<f<^ 6IZ- ztl-lUbZDAYTIME PHONE A^N S53H PROPERTY OWNER(S) MAILING ADDRESS GO5^- ZHl LAKE CLASSLAKE NUMBER LAKE NAME ^/35 37 /?U5KTOWNSHIP NAMETOWNSHIPRANGE Slooo<^louiooo SECTION E-911 ADDRESS PARCEL NUMBER 38 7? y Meff.on Dr;v^ S LEGAL DESCRIPTION Ac{am •Ol i-o'f S Buk) Please check the appropriate requests CONDITIONAL USE PROJECT Topographical Alteration Commercial Use___ Commercial PUD Forest Land Conversion Boat Access Commercial WECS Industrial UseResidential PUD Extractive Use rvckMiscellaneous INTERIM USE PROJECT Existing Dwelling Removal____ Existing Dwelling Repurposing____ Impervious Surface____ SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. SJl >2- Cay ^ ^ <5A- T I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. // SIGNATUREE^pPP DATEROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) A i. M€IGHBo£-S"fT-^ S/b^ Cfir KJEHL- UORAA;GAMri-f ^ c >MiOtC ~R<ePer ^ -td .■H^iS et^9T~ uJe^ a££t u-j^LmkiQ tjJ^ i£y^ -fo f-ns UJe^T"i ( <0G (O ((B^^G ' 15.£^GNU^ ~Ao 'Tf-f€iQ^ KiQ/J IBociC^ X)^TOG^ /LaJct J^<T[ir( ~'l~hhKJK-^ "TT-ff S fJ0-O /M:^5iT7C»»0 is /Oo-r OKJl>/ A^ rOi AfcVT"K£rr/d-A'Ujy ^FA<2^ 'S^B9rAK)-T7A-i_ 't-U-fidhJ -tT^ 'p/2^^ioos ojoe. AP-biOc -\n^ LAriiU^r Oicy-VjrrP^ Se^ A^y -i—P^iWBCE: i-JMce' OR^ F^u pp^er ^ dS At" . . . 3 8 8oo ■^(C_H (-c£~ /VM 5<iS^4 S(I:> '3 8780 5, /VAatoOG. ^yA[^OioT^^ r !• *v.T . ■ ^^ \'K'■. •V^ Ni*l^‘ fvjtV-*'*■ V \tTj.i“ -L*'«v-*MM. ' 'f A •¥i J^9- IM r..R’r..- "4 *''** ~k'-’ i^-'t- V ; V '. r'-:1 ms t-^ - - ■ , - - . .'c'’.-/,. ^ ‘ \ *r ’V ■*■' '-s.^smMsam r,^v’^-nk ^ M1^ ■-•if *■ '''^ iV.', •;■"< \mjr &V3#.1-'ma’>;»v ,' ->i|,:-i <■ - i M .>f.r^'“r-' - ft ‘ V ‘ "■ a>,. .* ,„%'-'/■r.- ) rj? New Deck Placement Set back & safely secured Leveled with safe railings Cantilevered above slope J 1! t T •*,P^c/<I. —fi. /f«." <^tek ?i3 X fSS - 3l^ 5-</p e(tek /? X ^.^iT U>'fH D. Tor^^ s'II' \ \^- y IIS.S'7CS^r ■"jy' «’’if f^Ih'CVf^kmw\j.rai 's(.a ^ j ^ h3s:i 20 kz? s r-f*<Cxr*'''<.'Liyffiyk"^ fyy rn Bf (r T +► t'I7o'Vfftove UerffC Sa 'v^ ■r^“ W .t ... r*. C) f>» \ Co \i ■s 0 >.i o ___d Previous Deck Placement Sloped downward Set into Ice shelf Protruded over the waterline t ◄- Improperly braced Water I ■-'X V- 'S’>: *i ^-*v.1^ * ”W'J5 '■'•-3f».‘5.' •■>iw !»' ws>i- fl., '• ;■? ^*1 ¥,9*mm^.;-:J Lv^ 32^V td iS ji 5^vjga!|!V' f WW * j ^1 f.. li^-'1^1/4^'4[A-'C -i>v>'tl^-.>4--A4tp^> C>j^a1^1 ~r, ::^-:r^ . ■ ■ »■ -7^: -r-' ■, - -■:■—' r» “mmi&ipT .5^ mz:'t ■SM £m^.:. .kSjSi *>*ihsL fei>^v. w.^ '. ■**g^’w# w.M?a;m © V*5 HVggg • •T' '• -^j-‘ r,-’''fr,v' •U-%i’ 'i-'^4 r •Larger than 260 Ft2 *■Xifrt *' •.<*.'mm /■' ■■' ^1 . ^ ‘'’■ • : ;* .j«.4agSf ‘t*. kt?*•CO m2 ■*.?#v Wi .: '...ji• Closer than 20'fV ;,'f? V-f;'- p-j 1 V V P fir^ ,: L i T. . • ' “ k h rn P‘3 '^•Vicr: Large deck • Closer than 20' ft ■ I','.r 'ipx V-1. ■:■ Larger than 260 Ft2 "r iJ5: ;4-i VtvlyKr^E-1 3'^• Closer than 20' IMS SB n •y., *cv Mj’ PitM ■ •' v. -%T?¥ii^^r] sf 2"^ Closer than 20' .■ aaaiillliiiiti; • n^r piUE m j5-' i ‘•'j fi*' I '>• i'r'•A :^-i. •* r S'- If^S’^^iei L-^l1^ 3*»7- fcV ‘ mmsm:-*iJ -.11it: •;--'ii. M l;'ll•-....L5i^i.'Ix';s 15fmmI'.-,-Icifi' i.?ri.'jii% mS:i « d^cU Cloje<^ fkoiA 2^0' 3■is . t • ',>«" 1. ■• i.*: V ■ ' mii^'■:. m i; 'i »?'vS^V5 ’w- sI RK) ir^f.ill HiTF;--:i7.;■ *i^lsgdi'-l m 'N I Si ms'mi mm:K_#V •is- S"i ^>1'3 Removed ice shelf Installed concrete boat ramp OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTCRTAIloovafT'BfaAiiOTR GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT. BETWEEN OCTOBER & MARCH 31^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my ), described on my Conditional Use Permit and associated variances Application(s) dated 11/24/18 53000990611000property/project (Tax Parcel # Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: [vf I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). 12/11/18 PERTY OWNERDATED LR: Forms; Waiwr 60 Day Rule 02-21-2017 I \wdi vaiuoWW*««MWWIVW Wl( filed () not required. Cert, of Real Estate Value No. CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 07/09/2018 02:32 PM FEE; 46.00 PAGES 8 WELL CERTIFICATE RECD: N 9^ ^“i CO •• ■ AO/P (Year) Wayne Stein, County Auditor/Treasurer X ioo QM (S3 OOO OGU OOo Deputy by. CONTRACT FOR DEED MORTGAGE REGISTRY TAX DUE HEREON: $N.A. Date: i THIS CONTRACT FOR DEED is made on the above date by David W. Adams and Dorothy C. Adams, married to each other, Seller (whether one or more), and Steven T. Wrangham and Amanda R. Wrangham, Purchasers, as joint tenants. Seller and Purchasers agree to the following terms: 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchasers hereby buy, real property in Otter Tail County, Minnesota, described as follows: Lot Three (3), Block One (1), Adams Point according to the certified plat thereof on file and of record in the office of the Otter Tail County Recorder; together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by Purchasers pursuant to paragraph 6 of this contract; and (e) the following liens or encumbrances: None 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchasers' prompt and full performance of this contract. Seller shall: (a) Execute, acknowledge and deliver to Purchasers a Warranty Deed, in recordable form, conveying marketable title to the Property to Purchasers, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; i: 12I9I2Q1Q Otter Tail County Planning Commission Government Services Center 500 W Fir Ave Fergus Falls, MN 56537 Dear County Commissioners: 1 am writing this letter as a supplement to my conditional use and variance applications. My hope is that you will consider the context of my situation along with the attachments I’ve provided to grant the permits and variances 1 am seeking. First, 1 apologize for my error in making changes to my newly purchased land without obtaining the necessary permits ahead of time. 1 seized a unique opportunity to purchase land on my favorite lake this past June and, in my haste to make what I saw as urgent and necessary improvements to existing features, 1 failed to recognize that permits were needed. The deck that was on the property prior to our closing was a safety risk, especially for my young kids. It was set into the ice bluff, sloping downward towards and hanging out over the water. There was very little vegetation beneath it, creating an erosion risk since the rip rap had slid down into the water. 1 thought the whole structure looked like it was going to slide into the lake. I’ve been fishing Marion Lake since 1 was a kid, and even named my daughter Marion after the lake. 1 am familiar with the lake and the properties around it. I’ve seen many properties with large structures and shoreline alterations (and I’ve attached a few examples for your convenience). 1 knew that what was installed on my property was unacceptable, and 1 knew that what 1 had in mind to replace it was similar to nearby properties on the lake. 1 insisted that the deck be removed as a condition in the purchase agreement so that 1 could replace it quickly with a properly secured structure and vegetation on the ice bluff to hold the soil. 1 apologize again for not obtaining the required permit, and 1 hope you understand that I my intent was to preserve and protect my new property. During the brief negotiation of the purchase agreement, 1 saw documents for authorization and inspection of the septic tanks and electrical box along with a permit for a camper. It was only after 1 had purchased the land and camper that 1 found out that the site permit was invalid for the current camper, and that the patio deck for the camper had never been authorized. Please note that all those structures have been installed on the property for several years without incident. 1 apologize for failing to properly research the site permits prior to my purchase. Now 1 am trying to correct the oversight. In closing, 1 ask you to consider the information in my permit application and the supplemental material I’ve provided, including an endorsement letter from my new neighbors and examples of similar structures, to grant retrospective conditional use permits and variances for the structures on my property. Sincerely, Steve Wrangham 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 March 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Property Owner Township Clerk Lake Association ^teve & Amanda Wrangham 7349 Berkshire Ct Maple Grove MN 55311 53000990611000 Clerk (if located within 2 miles of a city) - City of Richville, Leslie Lee, Clerk - 611 3^^* St. NW, Richville MN 56576 Lake Improvement Di^ct (If project is located on their lake, mail notices to the Lake Improvement District) Big^cDori DeviHl^ Little Mjli Little Pine: Pelic^r Fish, SoumTurtle Lake: Otter Tail County COLA, 4302 13»^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®‘ Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierei^2117 260"^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 IPTanninq Commission Member: \cV-VAJ O LujUSici-T Dk, Fir Pamela Moe, Clerk Rush Lake Township 43394 Round Lake Dr. Ottertail MN 56571 Marion Lake Association Jim Kushinski PO Box 112 Richville MN 56576 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 lU fr Perham): [laid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ^s & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 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 (F-Dated: March 28, 2019 File_| Extra _ BOA Members PC Member Envelopes | TOTAL NOTICES TO PRINT Added to Agenda Newspapers ^|l na.-P- f^r:l-^.nAu^ aAmy Busko, Secretary Otter Tail County Board of Adjustment I Amy Busip By: I ly ^ JfurAtL. l:\BOA\Affidavit Original 02-2019.docx Buffer Parcels Addrl 39184 405th St Addr 2 Citv St ZipParcel No Name 1 Name 2 *Perham MN 56573 893314000120099002 Lisa A & Duane N Thalmann Perham MN 56573 8933Lisa A & Duane N Thalmann 39184 405th St14000120099003 Wadena MN 56482 320053000070036007 John A & Brenda L Heltemes 63920 320th St Gainesville FL 32606 69373134 58th Blvd NW53000070036008 Joan E Rothrock Wadena MN 56482 176753000070036014 Douglas D & Bobbie Jo D Adams 853 Franklin Ave SW Perham MN 56573 893339184 405th St53000070036016 Lisa A & Duane N Thalmann Perham MN 56573 8933Lisa A & Duane N Thalmann 39184 405th St53000070036017 Hatton ND 58240 900653000070036018 Jeffrey L & Julie M Johnson 14082 17th St NE Richville MN 56576 960653000070036020 James A & Lisa L Hemmelgarn 38744 Marion Dr S Hatton ND 58240 900653000070036021 Jeffrey L & Julie M Johnson 14082 17th St NE Richville MN 56576 038890 Marion Dr S53000990476000 Brian K Reinert Thief River Falls MN 56701 848253000990604000 Colleen Hoffman 16433 160th St NE Richville MN 56576 9606Brandon Boutiette53000990608001 38809 Marion Dr S Burlingtori ND 58722 0176PO Box 17653000990609000 Ellis J & Carol J Moberg Black Earth Wl 53515 971210756 Sutcliffe Rd53000990610000 Henry N Riepe Et Al Maple Grove MN 55311 273253000990611000 Steven T & Amanda R Wrangham 7349 Berkshire Ct Colfax ND'580'18 960153000990612000 Sidney M Berg Et Al 16990 County Road 4 Fargo ND 58103 4317208 Linden Ave SDouglas J Anderson53000990613000 208 Linden Ave S Fargo ND 58103 431753000990614000 Douglas J Anderson Richville MN 56576 960653000990615000 James A & Lisa L Hemmelgarn 38744 Marion Dr S Hatton ND 58240 900653000990616000 Jeffrey L & Julie M Johnson 14082 17th St NE New York Mills MN 56567 915053000991957000 Russell C & Rhonda J Peterman 48990 365th St Hawley MN .56549 941253000991958000 Robert & Tanya Livdahl 22768 28th Ave N i’- Page 1 of 2Thursday. March 07. 2019 Parcel No Name 1 Name 2 Addrl Addr 2 Citv St Zip 53000991959000 Jordan L Anderson 1006 12th Dr NW Perham MN 56573 2057 53000991960000 Patrick L Bachman Et Al 9717 18th CirSE Vancouver WA 98664 3741 * Thursday, March 07. 2019 Page 2 of 2 Buffer Mail 4 City, State, ZipAddress i Address 2Name Douglas D & Bobbie Jo D Adams 853 Franklin Ave SW Wadena MN 56482 1767 Douglas J Anderson .208 Linden Ave S Fargo ND 58103 4317 L Perham MN 56573 2057Jordan L Anderson 1006 12th Dr NW Brandon Boutiette Richville MN 56576 960638809 Marion DrS Wadena MN 56482 3200John A & Brenda L Heltemes 63920 320th St Richville MN 56576 9606James A & Lisa L Flemmelgarn 38744 Marion DrS , 10756 Sutcliffe Rd Black Earth Wl 53515 9712Flenry N Riepe Et Al Colleen Hoffman 16433 160th St NE Thief River Falls MN 56701 8482 Jeffrey L & Julie M Johnson 14082 17th St NE Hatton ND 58240 9006 Robert & Tanya Livdahl 22768 28th Ave N Hawley MN 56549 9412 Burlington ND 58722 0176Ellis J & Carol J Moberg PO Box 176 Patrick L Bachman Et Al 9717 18th CirSE Vancouver WA 98664 3741 48990 365th St New York Mills MN 56567 9150Russell C & Rhonda J Peterman Richville MN 56576 0Brian K Reinert 38890 Marion Dr S Joan E Rothrock 3134 58th Blvd NW Gainesville FL 32606 6937 Colfax ND 58018 9601Sidney M Berg Et Al 16990 County Road 4 Perham MN 56573 8933Lisa A & Duane N Thalmann 39184 405th St Maple Grove MN 55311 2732Steven T & Amanda R Wrangham 7349 Berkshire Ct Thursday, March 07, 2019 Page 1 of 1