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Home My WebLink About55000120091011_Variances_11-14-2013IH4-20I2, ij -—*■ DOC# 1138131 1138131 Fee; $46 00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA Date stamp Certified, Filed, and/or Recorded: December 16, 2013 2:15 PM Brian Armstrong, Recorder RECEIVED OCT 1 j 20:3 LAND a RESOURCE Returned To: LAND & RESOURCE By: LL L&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 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE HC) - - 0%C> \ PA.V\llA)a ucUcjJrurA- Vcd\ I ^ f\jn %I05 " ^___LAKE NAME Pp^Jr aiA I uxks . PROPERTY OWNER MAILING ADDRESS 6r 0 ** * >*LAKE NUMBER _______LAKE CLASS rniM12SECTIONTOWNSHIP RANGE TOWNSHIP NAME PARCEL E-911 ADDRESS oT 3vNUMBER _^^2/2XlL2i2D3JJlll WVwVXt'T LEGAL DESCRIPTION [PcJJl UAh. __ Z ^05' of 6tL3 caM tK. t 75 LLC I ^<03'AO- type OF VARIANCE REQUESTED (Please Check) XStructure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. \foa\(AW\Ui la I U > II c^|l&uJ a <*^-c6 bca/ro(iAjct/^^ wX l-e.lt\nf frf p^^4$iv/< (eoffoJ-t 1/^ (Ml4 ceTt-kr' offr^e<2 pr.7|?oys a /S' ccrvUcci ploJ-fern^ cfd^noiaryoi. c’^llcnj a 4>* ,u/vic<rwey£’o/ ^ajrfoffy'-oJ- 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. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. .r--//O - !<-' / 3>'Uc SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING SCAHHED(Applicant Will Receive Notification As To The Date/Time Of Hearing) • J-. I . v'i'-tnr L'..ndeen Co Printers ♦ Fergus Falls Minnesota V TimeDate Of Hearing /V {pd/^ Motion Dahl Lake Property LLC - Denied with a condition. (8:49 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the variances as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variances as requested with the condition that if the applicant submits a letter requesting to be tabled the Board will reschedule the public hearing without requiring a new application. It should be clearly understood that the applicant’s request has been denied and that the offer to table is being extended as an option to the applicant because of the applicant’s absence. Dahl Lake Property LLC - Approved the application as modified. (7:42 p.m.) December 12, 2013 Meeting -After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. This motion failed with Michael Harris, Steve Schierer and Rick Wilson voting no. After additional consideration and discussion, Steve Schierer made a motion, second by Thomas Lee to approve a 4' wide walkway/boardwalk and a 6’ by 6’ uncovered decWviewing platform with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. This motion was withdrawn and a motion was made by Rick Wilson, second by Thomas Lee to approve a 4’ wide walkway/boardwalk and a 12’ by 12’ uncovered deck/viewing platform with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. This motion failed with Michael Harris, Paul Larson and Ward Uggerud voting no. After additional consideration, Rick Wilson made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve a 5’ wide walkway/boardwalk and a 12’ by 12’ uncovered deck/viewing platform with the condition that the proposed development must comply with all appropriate wetland consen/ation act requirements. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Deceifiber 12, 2013 Page # 3 Charles A., Annette L. and Douglas Arvidson - Approved the application as requested. (7:20 p.m.) Charles A., Annette L. and Douglas Arvidson, part of Lot 24 Lida View Hills, Lake Lida in Lida Township, requested the following; that the parcel described above. Parcel No. 37-000-99-1042-000, be detached from Parcel No. 37-000- 14-0077-000 (to which it was originally attached but was subsequently detached by a variance dated April 8, 2004 which was never recorded) and from Parcel No. 37-000-24-0119-000 (to which it was attached in the above described variance which was granted on April 8, 2004 but which has not been recorded) and that said parcel be attached to a five acre tract in Parcel No. 37-000-24-0119-000 as set forth in Exhibit No. 1 (on file with the County Auditor's office) which five acre tract will be conveyed into an irrevocable family trust as an unbuildable lot whose purpose shall be to preserve Parcel No. 37-000-99-1042-000 as a landing for the use of the property owners of the plat of Lida View Hills (which was the original intention of this parcel since the dedicated landing for Lida View Hills is unusable as a landing), and said variance will also allow the remainder of Parcel No. 37-000-24-0119-000 (variance will also allow the remainder of 37-000-24-0119-000 to be permanently attached to 37-000-23-0112-000 per Exhibit 5 on file with the County Auditor’s office) as set forth on Exhibit 2 (on file with the County Auditor’s office) to be conveyed without jeopardizing the purpose of the intent of the landing. Charles Krekelberg, Attorney appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the application dated November 20, 2013 and as depicted on the.drawings submitted with the application. The requested variance is an improvement, which will reduce the overall number of future available building sites. Marjorie Jones - Approved the application as requested. (7:35 p.m.) Marjorie Jones, part of Government Lot 2, Section 20 of Dunn Township by Lake Lizzie, requested the following: Existing dwelling is 85’ away from the ordinary high water line based on previous variance dated 11/11/00. We would like to request a variance to remove the existing dwelling and build a new dwelling 70’ from the lake. Current ordinance states we must be 100' from ordinary high water level. This is not possible beings we have a bluff 95’ away from the ordinary high water level (as stated on approved variance 11/11/2000). Current ordinance also states we must be 30' from top of bluff, we will be 40’. All other existing dwellings are much closer than our requested 70’ ■ except the residence to the East of us which are built into the bluff about 10 years ago. Current park model, utility shed and camper will be removed from all four owner owned properties. Richard Jones and TJ Haugrud, Contractor, appeared with the applicant at the public hearing. The audience was polled with Patricia Dillon and Tammy Braton speaking in favor of the variance as requested. Letters from Gary and Kris Dillon, Patricia S. Dillon and Mark Braton in support of the variance as requested were read for the record. After discussion and consideration, Paul Larson made a motion, second by Rick Wilson and unanimously carried, to approve a variance of 30’ from the required ordinary high water level setback of 100’ for placement of the proposed development 70' from the ordinary high water level setback as described in the variance application dated November 20, 2013 and as depicted in the packet of V - drawings dated November21, 2013. The variance as approved does not directly or indirectly grant any other variance for the development as proposed.■•■A Dahl Lake Property LLC - Approved the application as modified. (7:42 p.m.) Dahl Lake Property LLC, part of Government Lot 3, Section 12 of Scambler Township by Pelican Lake, requested the following; Summary - Project is a conservation master plan. The land use intent is for passive recreation while preserving the native landscape. Variance - 1) Project proposes a 6’ wide boardwalk across a wetland on the owners’ property, whereas ordinance requirements allow a 4’ wide boardwalk. 2) Project proposes an 18’ square covered platform near the center of the wetland, whereas ordinance requirements allow a 6’ square uncovered platform. November 14, 2013 Meeting - The audience was not polled as there was no one in attendance at the time of this public hearing. It should be noted that there was no one in attendance to represent the applicant. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the variances as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variances as requested with the condition that if the applicant submits a letter requesting to be tabled the Board will reschedule the public hearing without requiring a new application. It should be clearly understoa applicant’s request has been denied and that the offer to table is being extended as an option to t^ because of the applicant’s absence. ^ at the D.eieifiber 12, 2013 Page # 4 Dahl Lake Property LLC - Approved the application as modified with a condition. (Continued) December 12, 2013 Meeting - The audience as not polled at this time as there was no one in attendance at the time of this public hearing. Laura Zimmeramn and Mike Allmendinger with Land Elements represented the applicant at the public hearing. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. This motion failed with Michael Harris, Steve Schierer and Rick Wilson voting no. After additional consideration and discussion, Steve Schierer made a motion, second by Thomas Lee to approve a 4’ wide walkway/boardwalk and a 6’ by 6’ uncovered deck/viewing platform with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. This motion was withdrawn and a motion was made by Rick Wilson, second by Thomas Lee to approve a 4’ wide walkway/boardwalk and a 12’ by 12’ uncovered deck/viewing platform with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. This motion failed with Michael Harris, Paul Larson and Ward Uggerud voting no. After additional consideration, Rick Wilson made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve a 5’ wide walkway/boardwalk and a 12’ by 12’ uncovered deck/viewing platform with the condition that the proposed development must comply with all appropriate wetland conservation act requirements. General Comments - The Board briefly discussed the recent joint meeting with the County Board and Planning Commission. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:18 p.m. Prepared by: Wayne Stein, Secretary The minutes were mailed on Saturday, December 14, 2013 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. - .V : .V scW Wayne Stein Laura Zimmerman RE: Dahl Variance Application To: Subject: Laura The meeting will start at 6:30 p.m. Tabled applications are placed at the end of the agenda. The agenda for the December meeting will be established at the close of business on Thursday, November 21. I copy will be mailed to the applicant. I will also mail you a copy as well. Sincerely, Wayne Stein, County Auditor Government Services Center 510 Fir Ave W. Fergus Falls, MN 56537 Office Line - 218 998-8030 Direct Line-218 998-8041 Fax Line-218 998-8042 From: Laura Zimmerman |~mailto:Laura@landelements.com1 Sent: Tuesday, November 19, 2013 8:19 AM To: Wayne Stein Cc: Mike Allmendinger Subject: Dahl Variance Application Wayne, I am formally requesting to have the variance application for Howard Dahl tabled until the next meeting on December 12'^ Do you know the time and location of the next meeting? Thank You, Laura 1 lANDelements S CA trcklt«cti Create A Unique Sense of Place DO(3Laura Zimmerman | Designer/Project Manager | www.iandeiements.com direct 701.353.2062 | fax 701.237.2273 | PO Box 9617 | Fargo, ND 58106 SCANNED2 CO November 14, 2013 Page # 6 Dahl Lake Property LLC - Denied with a condition. (8:49 p.m.) Dahl Lake Property LLC, part of Government Lot 3, Section 12 of Scambler Township by Pelican Lake, requested the following: Summary - Project is a conservation master plan. The land use intent is for passive recreation while preserving the native landscape. Variance - 1) Project proposes a 6’ wide boardwalk across a wetland on the owners’ property, whereas ordinance requirements allow a 4’ wide boardwalk. 2) Project proposes an 18’ square covered platform near the center of the wetland, whereas ordinance requirements allow a 6’ square uncovered platform. The audience was not polled as there was no one in attendance at the time of this public hearing. It should be noted that there was no one in attendance to represent the applicant. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the variances as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variances as requested with the condition that if the applicant submits a letter requesting to be tabled the Board will reschedule the public hearing without requiring a new application. It should be clearly understood that the applicant’s request has been denied and that the offer to table is being extended as an option to the applicant because of the applicant’s absence. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:52 p.m. Prepared by: Wayne Stei, The minutes were mailed on Saturday, November 16, 2013 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. SCANNED Dahl Property - Conservation Master Plan Winter 2013 1. Purpose for proposing 6' wide boardwalk: a. 2 people can easily walk side by side b. Safety -ADA accessible, no railing 2. Purpose for proposing 18' square, covered platform: a. Enjoyable use in rain or heat b. Opportunity for respite, seating, wildlife observation c. Safety- to avoid overcrowding d. Attractive structure as focal point SCANNED IMPERVIOUS SURFACE CALCULATION WORKEHEET received Oi: ( i ■ 2m '<^WD&RE80{JRCFEXISTING Onsite Impervious Surface Building Impervious Surface Calculation - Not to Exceed 20% Building(s) - Total Square Footage Ft^ fFLot Area X 100 =% Lot AreaBuilding Area Building Surface Ratio EXISTING Lot Area Covered By Building(s)n % Total Impervious Surface Calculation - Not to Exceed 25% wBuilding(s) Deck(s)W WPatio(s) Sidewalk(s) WStairway(s) fFLanding(s) o?, 7on ff ’ r-M.2 Driveway(s) Retaining Wall(s)Ft fFLandscaping (Plastic Barrier) 7, lOT) ^ ^ W()FF 373/IOC) fF ______3 . (n % Other Total Impervious Surface Lot Area ^ ^.73 Men = n,02(n X 100 = Lot Area Impervious Surface RatioTotal Impervious Surface o? • (c? %EXISTING Lot Area Covered By Impervious Surface ^ PROPOSED Onsite Impervious Surface Building Impervious Surface Calculation — Not to Exceed 20% Building(s) - Total Square Footage Ft fFLot Area %X 100 = Building Surface RatioLot AreaBuilding Area o %PROPOSED Lot Area Covered By Building(s) Total Impervious Surface Calculation - Not to Exceed 25% fFBuilding(s) Deck(s)___ Patio(s)_ Sidewalk(s) fF3 /n^X ) fF fF fFStairway(s) Landing(s)_____ Driveway(s) Retaining Wall(s) W fF fF fFLandscaping (Plastic Barrier) WOther fFTotal Impervious Surface fF'Lot Area 031J. 0 - '^70.^ICY')= 0.007 xioo =% Total Impervious SurfaceLot Area Impervious Surface Ratio PROPOSED Lot Area Covered By Impervious Surface 3> % PROPOSED CHANGE IN IMPERVIOUS SURFACE : 0-7 % SCANNED Impervious Suifoco Calculalion Worksheet 08-07-2013 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Dahl Lake Property LLC C/0 Howard Dahl 2308 27"’ Ave S Fargo, ND 58103 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, November 14, 2013 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 east 405’ of Government Lot 3, except platted and except east 75’, Property Address - West of 20929 Summer Haven Road Section 12, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - the following: Summary - Project is a conservation master plan. The land use intent is for passive recreation while preserving the native landscape. Variance - 1) Project proposes a 6’ wide boardwalk across a wetland on the owners’ property, whereas ordinance requirements allow a 4’ wide boardwalk. 2) Project proposes an 18’ square covered platform near the center of the wetland, whereas ordinance requirements allow a 6’ square uncovered platform. 'Wayru Stein Board of Adjustment Secretary Date: October 25, 2013 SCANNED OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 28th, day of October, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Dahl Lake Property LLC, % Howard Dahl, 2308 27*^ Ave S, Fargo, ND 58103 5449 Aldie Kelsven, Twp Clerk of Scambler, 18799 State Highway 34, Pelican Rapids,MN 56572 Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake.MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment; Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Rod Boyer, 51127 E Wymer LK Rd, Frazee, MN 56544 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; October 28, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment V-X f 1 VuBy: Vi Manderud SCANNED ESTHER MAE AMSTRUP ATTN VINCE ESADES 3134 BENJAMIN ST NE MINNEAPOLIS, MN 55418 2326 BRUCE BRIERELY TRUSTEE 2512 S PENNINGTON MESA, AZ 85202 7451 HARRY W& LINDA R BOSCH 1405 GATEWAY CIR E FARGO, ND 58103 3617 DAHL LAKE PROPERTY LLC C/0 Howard Dahl 2308 27TH AVE S FARGO, ND 58103 5449 D&M WOLD PROPERTIES LLP 9814 21STSTS HORACE, ND 58047 9700 BRUCE TRUSTEE BRIERELY TRUSTEE 2512 S PENNINGTON MESA, AZ 85202 7451 CHARLES & VIRGINIA FOSBERG 3865 MELINDA DR E PHOENIX, AZ 85050 8351 FE LIMITED PARTNERSHIP 3865 MELINDA DR E PHOENIX, AZ 85050 8351 MARJORIE DOPPER ETAL 710 RESERVE AVE N THIEF RIVER FALLS, MN 56701 2142 JOHN GORTON 205 4TH ST SE PO BOX 490 PELICAN RAPIDS, MN 56572 490 GROSZ TST 526 18TH AVE E WEST FARGO, ND 58078 4223 GEORGE LGORTON PO BOX 377 PELICAN RAPIDS, MN 56572 377 HA DAHL FAMILY LLLP C/0 HOWARD DAHL 2308 27TH AVE S FARGO, ND 58103 5449 DALE F & GREGORY G HUDSON 3226 1ST ST N FARGO, ND 58102 1103 CAROL HANSEN 1117 19TH ST N MOORHEAD, MN 56560 1834 MELISSA A LAGE ETAL 1542 SPARROW RD WACONIA, MN 55387 4513 KVAREINC 49384 215TH AVE PELICAN RAPIDS, MN 56572 7093 JP WOLD LLP 1752 8TH ST S FARGO, ND 58103 4901 ALVIN E& JEAN M LUND ATTN LISA MARK POA 634 EVERGREEN CIR OXBOW, ND 58047 5008 LUCKY LADY'S RANCH LL ATTN FRED MANUEL 26271 OTTOSON RD DETROIT LAKES, MN 565019453 ALBERT E III & DANITA LERBERG 977 BRIDGEWATER DR PRESCOTT, AZ 86301 6663 SAVRE HUTTTST 1225 CRANE ST STE 108 MENLO PARK, CA 94025 4253 JAMES MSANDEN ETAL 2806 27TH ST SW FARGO, ND 58103 5033 GEORGE C MATROS 20729 PELICAN DR S PELICAN RAPIDS, MN 56572 7073 CHARLES M & LINDA G SKARPHOL 20991 SUMMER HAVEN RD PELICAN RAPIDS, MN 56572 7076 FAYE F& ALVIN ESI EGLE 221 2ND AVE SE PELICAN RAPIDS, MN 56572 4213 WILLIAM SHOLL ET AL PO BOX 2220 FARGO, ND 58108 2220 VIOLET M SKARPHOL TST ATTN BANK OF THE WEST 300 GRAND AVE S SC-CAL-06-L\TR R/E LOS ANGELES, CA 90071 3109 STEVEN J & CAROL M SMITH 705 NORMAL STE KIRKSVILLE, MO 635014166 SMITH TST B ETAL 2417 W COUNTRY CLUB DR S FARGO, ND 58103 5738 SCANNED MARY WOLF ET AL 21005 BROADWATER DR PELICAN RAPIDS, MN 56572 7068 SCANNED R.^OBV’SD OCT t: ;j WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER f ~ & MARCH 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 property/project (Tax Parcel # ^^OOC)l?00°llOI I described in my dated OcAvl^ ^0\^. Application 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: 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 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). iO - DATED PROPERTY OWNER SCANNED01-03-2011 Mbowman app &forms- waiver 60 day rule