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DOC# 1150120
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
Certified, Filed, and/or Recorded:
October 14, 2014 10:00 AM
Brian Armstrong, Recorder
1150120
Fee: $46.00
Well Certificate [ ] Rec’d
Date Stamp
received
AUG 2 Z 20tt
land RS^OURCE Returned To:
LAND & RESOURCE
By: LL
/irmjL&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
218-396-0640PCraig & Danita KetterPROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS 11248 Chilton Road/ Frazee, MN 56544
mLAKE NUMBER LAKE CLASSLAKE NAME Ta1cp> .Spvpn nr .Scalp_______
TOWNSHIP 137 range ^0 TOWNSHIP NAME HobartSECTION__V
PARCEL
NUMBER T2nnnn7nn5Tfim
E-911
ADDRESS noriR - no structure
LEGAL DESCRIPTIONSee attached deed -Exhibit # 1
Thah of fart- Df
19,00 of- Lot One 0)
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster Misc.WECS
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Remove 0.04 acres frem Kraig & Danita KetterParcel # 32000070053001 and attach 0.04
acres to Paul T. & Cindee J. Sather tax parcel # 32000070056900.
This will allow the drain field to 13 feet fran the property line and meet the
required 10 foot setback.
Buyer is Paul T. Sather & Cindee J. Sather - P.O. Box 9002, Fargo,ND 58106
Phone 701-261-9213.
:5>irHaeA C/hn/^ C.H-£ni~rn RmO
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 R^GARDINQ THIS l\0ATTER.____-
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345 104 • Viclof Lundeen Co . Ptmlers ■ Fergus Falls. Minnesola
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, October 9, 2014
The Otter Tail County Board of Adjustment met Thursday, October 9, 2014, with the following persons in attendance:
Thomas LeePaul Larson
Steve Schierer
Scott Ellingson, Land and Resource Management
Alexander Kvidt, Land and Resource Management
David Hauser, County Attorney
Robert (Bob) Schwartz
Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the September 11,2014 meeting with the
following correction:
Kris Shield should be Kris Scheel
The Board of Adjustment considered the following applications for variance:
Kraig and Danita Ketter - Variance application approved as requested with a condition. (6:33 p.m.)
Kraig and Danita Ketter, part of Government Lots 1 and 2, Section 7 of Hobart Township by Lake Seven/Scalp,
requested the following: Remove 0.04 acres from Kraig and Danita Ketter Parcel # 32000070053001 and attach 0.04
acres to Paul T. and Cindee J. Sather tax parcel # 32000070056900. This will allow the drain field to be 13’ from the
property line and meet the required 10’ setback. Buyer is Paul T. and Cindee J. Sather. Paul Sather represented the
applicants at the public hearing. The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Paul Larson made a motion, second by Robert Schwartz and
unanimously carried, to approve the proposed property transfer as described in the variance application dated August
22, 2014 and as depicted on Exhibit # 3 with the condition that a registered surveyor’s drawing must be presented at
the time of conveyance. The practical difficulty is the Sather’s drain field encroachment onto the Ketter property,
which resulted because a fence line was assumed to be the actual property line. The variance as approved is
consistent with past board actions and will resolve this boundary line issue.
Todd and Kathy Peterson - Variance application approved as requested. (6:36 p.m.)
Todd and Kathy Peterson, Lot 5 Block 1 Gullivers Travels First Addition, Little McDonald Lake in Edna Township,
requested the following: 1. We request a variance of 8’ from the 30’ top of bluff setback. 2. We request a 28’ variance
from the 40’ lot line setback for a water oriented accessory structure that is an enclosed area under arid an intrinsic
part of the steps and landing system that goes form the cabin to the lake. The audience was polled with Jim Haider
speaking for the variance as requested. After consideration and discussion, Tom Lee made a motion, second by
Robert Schwartz and unanimously carried, to approve a variance of 8’ from the required 30’ top of bluff setback for the
previous improvement to the dwelling and a variance of 28’ from the required side lot line setback of 40’ for a water
oriented accessory structure, which is an enclosed area under and an intrinsic part of the existing steps and landing
system. It was noted that the improvement to the dwelling did not change the footprint of the dwelling and that the
steps/landing are needed to access the shoreline. There will be no negative impacts resulting from the granting of the
variance as requested. It was noted that a water oriented accessory structure did previously exist on this property.
Arlen Johnson - Variance application approved as requested. (6:44 p.m.)
Aden Johnson, Lots 1 through 8, Kids Corner, Unnamed Lake in Sverdrup Township, requested a variance to
continue to develop Lots 1 through 8 Kids Corner according to the recreational development standards, which were in
place at the time of platting (1980-81). Lake was reclassified in 2009 as a natural environment lake. The audience
was polled with Bruce Leitch speaking for the variance as requested. After consideration and discussion, Paul Larson
made a motion, second by Thomas Lee and unanimously carried, to approve applying the recreational development
standards instead of the natural environment standards to Lots 1 through 8, Kids Corner when these lots are
developed in the future. The variance as approved is consistent with past board actions
lake reclassification.
i. The practical difficult is the
Application for variance - Lake Seven Property - Ottertail county - Exhibit # 6
Ownership shown by a copy of recorded deed in the name of Kraig & Danita Ketter - exhibit # 1
Applicant Paul & Cindee Sather - 701-261-9213
I purchased the property in 2006 and at that time I received a copy of a survey showing where the house
was from seller - Exhibit # 4. It make reference to a fence line as the west boundary. I had also asked
the seller to stake the lines with input from his neighbors - so that I didn't get in trouble with neighbors.
He did.
Later in 2006 I tried to put 4x4 poles where the property line was to be. This worked out on the shore
but the rest of the property I could not match to the survey so I stopped placing poles and everything
was fine with neighbors so I let it go. Always told neighbors if they needed a survey I would pay half
just to have it done.
Well in the spring of 2014 I met a surveyor and we were talking and since I have had several surgeries
and was reviewing "what could be a problem for my family"? I asked Mark "how much to do my lake
home"? So we agreed and he performed a survey..........then I see on the survey that the drain field
is on Ketter's property.......wow.....Exhibit # 2.
I went to see an attorney and the first thing he told me was "Paul you never survey lake property" well
what's done is done how do we solve it. He looked at the previous surveys 1983 and 1992 asked
what structures or road etc. had been done and then he says a quit title action and you will get all the
property up to the assumed boundary -the fence. I said no let me talk to the neighbor and work
something out for Just the land I need to be in compliance. 1992 survey is exhibit ft 4,1983 is exhibit ft 6
Ketter's and Sather's worked it out and agreed on the 0.04 acres a copy of deed transferring the 0.04
acres is attached as exhibit ft 5.
So back to the surveyor and he prepared a legal description for the 0.04 acres and a new survey with
Ketter's land also surveyed. - exhibit ft 3.
I started this situation and I will finish it without any more inconvenience to my neighbor. So I am here
as the representative to answer any question you may have or complete any further requirements in
order to resolve this matter.
Thank You
Paul T. Sather - 1-701-261-9213.
Form No. 5-M WARRANTY DEED O.^JILW • \jf f__•
Individuai($) to Joint Tenaati
No deJinqucnt uuces and tranafer entered; Certificate of Real
Estate Value (( ) not required
Certificatf-of Rea) Estate Value No. Su^i i9?;>
lQ
Office of Gounty Recorder
County of Otter Tail
I heteDy certify that the within instrument was tiled
day atfor record in this office on the
----OUAcJi.D. I9.5d
and was dBlv Microfilmed a.s Doc,County Auditor
by
Deputy County Recorder
.Deputy
STATE DEED TAX DUE HEREON: $99.00
(reserved for recording data)Date; July 16. 1997
FOR VALUABLE CONSIDERATION, Bruce R. Gustavson and Cindy L. Gustavson, husband and wife, Granlor(s), hereby
convey(s) and warmt(s) to Kraig J. Ketter and Danita Dee Ketter , as joint tenants, Grantee(s), real property in OTTER TAIL
County, Minnesota, described as follows:
see attached legal description
Seller hereby certifies chat seller does not know of any wells on the above described real property.
(it more space Is nMdnj. comUiue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions;
COUNT)'OF OTTER TAl
STATF. OF M!NI€90TA
DetDTAX .TAJUBEft,’'DATE.Q)
c__
Bruce R. Gustavson•, i
■ V V... j i‘
Cindy L. GuilAffix Deed Tax Scamp Here tavson
VSTATE OF Minnesota
ss^kM(LCOUNTY OF
The foregoing instrument was acknowledged before me this of July, 1997, by Bruce R. Gustavson and Cindy
L. Gustavson, husband and wife, Grantoifs).
Ihu (hiNll
SIGNATWE OF PEBSON TAJONO ACKNOWtEDGEMENT
l-?)-£ooo
NOTARIAL STTAMP OR SEAL (OR OTHER TITLE OR RANK)
vncfKMriBicu.Nopwyfwjc tnaoftQAKOn COUNTY
» CmbWiW iiW JWM.M
Tu Stueraem for itic nd propeny doerted m tfxb InAnKDcai (hoiiil be kA » (IneWi
name iraJ Mklrm oT Onnee):
Knig and Ouiiti Ketter
Rr 2. Box lU
Fruee. MN 56544
rHISINSTRUMEhTTWAS DRAKTEDBY (NAME AND ADDRESS;
Becker County Title Services
P.O. Box 376
Detroit Lakes, MN 56502 C/3o5
» r ib
2 v«4i
That part of Government Lot Two (2) and that part of the Westerly
75.00 feet of Government Lot One (1) in Section 7, Township 137
North, Range 40 West of the 5th Principal Meridian in Otter Tail
County, Minnesota described as follows;
Commencing at the Northwest corner of Lot 1, Block 1, ARROWHEAD
BEACH, said Plat is on file and of record in the office of the
Recorder of said County; thence North 64 degrees 46 minutes 00
seconds East 23.72 feet along the Northerly line of said Lot 1,
Block 1 to a found iron monument; thence North 25 degrees 14
minutes 00 seconds West 33.00 feet along the Westerly line of the
Dedicated Public Road according to said Plat of ARROWHEAD BEACH to
a found iron monument on the center line of an existing public
road; thence South 64 degrees 46 minutes 00 seconds West 130.46
feet along the center line of said existing public road to an iron
monument, said point being the point of beginning; thence South 03
degrees 20 minutes 18 seconds East 35.56 feet to an iron monument;
thence continuing South 03 degrees 20 minutes 18 seconds East
519.07 feet to an iron monument; thence continuing South 03 degrees
20 minutes 18 seconds East 20 feet, more or less, to the water's
edge of Scalp (Seven) Lake; thence Westerly along the water's edge
of Scalp (Seven) Lake to the point of intersection with the
Easterly line of the Public Access in Government Lot 2, as extended
to the shore of Scalp (Seven) Lake; thence Northwesterly on and
along the Easterly line of said Public Access to a point of
intersection with a line South 60 degrees 27 minutes 47 seconds
West from the point of beginning; thence North 60 degrees 27
minutes 47 seconds East 210 feet, more or less, to the point of
beginning.
The Public Access referred to above is legally described as
follows; All that part of Government Lot Two (2), Section 7,
Township 137 North, Range 40 West of the Fifth Principal Meridian,
bounded by the water's edge of Seven Lake and the following
described lines: Commencing ^t the Northeast corner of said
Section 7, thence North 87 degrees 31 minutes West 1400 feet,
thence South 33 degrees 33 minutes West 318,2 feet to the point of
beginning; thence South 69 degrees 16 minutes West 72 feet, thence
South 07 degrees 15 minutes East 431 feet more or less to the
water's edge of Seven Lake and there terminating; and from the
point of beginning South 07 degrees 15 minutes East 4 64.4 feet
or less to the water's edge of Seven Lake and there terminating;
including all riparian rights to the contained 0.7 acres more or
less and subject to existing road easements.
more
AND
That part of the East 10 rods of Government Lot 2 in said Section
7-137-40 situate Northerly of the existing public road running
Easterly and Westerly through said Government Lot 2.
Page 2
03'20'18" East 258.37 feet; thence North 09*39'23" West
136.31 feet; thence North 03*37'14" East 123.80 feet to
the point of beginning,
together with all hereditaments and appurtenances belonging
thereto.
The total consideration paid for this transfer of property was/
$500.00 or less./>
zKraig J.
STATE OF MINNESOTA )
) SS:
)COUNTY OF
The foregoing instrument was acknowledged before me this
day of July, 2014, by Kraig J. Ketter and Danita Ketter, husband
and wife.
BAHB JACOBS
PUBLIC-MINNESOTA
I ' My Ccmmis'lcr Exs'fas Jon 31,2016
mMOTOTMM
THIS INSTRUMENT WAS DRAFTED BY:
Mr. Paul 0. Skatvold
McLARNAN & SKATVOLD
Wells Fargo Bank Building - Suite 202
730 Center Avenue
Moorhead, MN 56561-0008
P. O. Box 8
TAX STATEMENTS SHOULD BE SENT TO:
Paul and Cindee Sather
Sather Consulting LLC
Paul T. Sather - CFG
PO Box 9002
Fargo, North Dakota 58106-9002
CERTIFICATE OF SURVEY£ASSM£:NT
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(RESERVED FOR RECORDING DATA)
QUIT CLAIM DEED
(Individual to Joint Tenants)
COUNTY OF OTTER TAU.
STATE OF MINNESOTA
DEED TAX ^ number 7
DATE___
$1.65STATE DEED TAX DUE HEREON:
Dated: July 17, 2014
FOR VALUABLE CONSIDERATION, Kraig J. Ketter and Danita Ketter,
husband and wife. Grantors, hereby convey and quitclaim to Paul T.
Sather and Cindee J. Sather, husband and wife. Grantees, as joint
tenants with right of survivorship, real property in Otter Tail
County, Minnesota, described as follows, to-wit:
That part of Government Lots One (1) and Two (2) , Section
Seven (7), Township One Hundred Thirty-seven (137) North,
Range Forty (40) West, Otter Tail County, Minnesota,
described as follows: Commencing at the northwesterly
corner of Lot One (1) , Block One (1) , Arrowhead Beach,
according to the recorded plat thereof; thence on an
assumed bearing of North 64°46'00" East along the
northerly line of said Lot One (1) , Block One (1) a
distance of 23.72 feet to the westerly line of the road
as dedicated in said Arrowhead Beach; thence North
25°14'00" West along said westerly line 33.00 feet to the
centerline of a township road; thence South 64°46'00"
West along said centerline 130.46 feet; thence South
03°20'18" East 296.26 feet to the point of beginning of
the land to be described; thence continuing South
SURVEYORS SKETCH TRACT OF LAND IN
GOVERNMENT LOTS 1 AND 2 SECTION 7-137-40 OTTER TAIL COUNTY
MINNESOTA
PUBL 1C
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o^Monuments set rnariced withMinnesota Registration No. 12004
•’Monuments set marked withMinnesota Registration No. 7203
Orientation of this bearing system is assumed.Scale 1 inch= 100 feet
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Notice of Hearing for Variance
m
otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.us
OTTCR TRtl
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern;
Kraig and Danita Ketter
11248 Chilton Road
Frazee, MN 56544
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, October 9, 2014 at 6:30 p.m.,
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals
requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
part of Government Lots 1 and 2,
Property Address - None for applicants
Property Address - Buyer - 34254 Camp Cherith Road
Section 7, Township 137, Range 40 - Township Name - Hobart
Lake No. 56-358, Lake Name - Lake Seven/Scalp, Class - RD
The variance requested is -
the following: Remove 0,04 acres from Kraig and Danita Ketter Parcel # 32000070053001 and attach 0.04 acres to Paul T.
and Cindee J. Sather tax parcel # 32000070056900. This will allow the drain field to be 13’ from the property line and
meet the required 10’ setback. Buyer is Paul T. and Cindee J. Sather.
Wc^ne Stein
Board of Adjustment Secretary
Date: September 19, 2014
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 19th, day of September, 2014 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Kraig J & Danita Dee Ketter, 11248 Chilton Rd, Frazee, MN 56544 8501
Debi Moltzan, Twp Clerk of Hobart, 47634 353^'' Ave, Frazee, MN 56544
Lake Seven Assoc., George May, 34142 Camp Cherith Road, Frazee, MN 56544
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
Robert Schwartz, 31548 County highway 75, Wadena, MN 56482
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 19, 2014
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
A»
KRAIG J & DANITA DEE KETTER
11248 CHILTON RD
FRAZEE, MN 56544 8501
FAIR HILLS INC
PO BOX 6
DETROIT LAKES, MN 56502 6
HILLARD E & JUANITA BIELKE
3059 ISLAND VIEW DR
MOUND, MN 55364 9195
JAMES & AUDREY LOCKREM TSTS
34296 CAMPCHERITH RD
FRAZEE, MN 56544 8911
LAKE COUNTRY ENTERPRISES
3368 COUNTY 5 NW
HACKENSACK, MN 56452 2130
AUDREY L LOCKREM TSTS
34296 CAMP CHERITH RD
FRAZEE, MN 56544 8911
GEORGE E & MARLYS M MAY
34142 CAMPCHERITH RD
FRAZEE, MN 56544 8911
KEVIN & JILL MOHN
34172 CAMPCHERITH RD
FRAZEE, MN 56544 8911
DAVID M & SHAWN M OLSON
34132 CAMP CHERITH RD
FRAZEE, MN 56544 8911
DAVID A & PATRICIA A PUETZ
34053 CAMPCHERITH RD
FRAZEE, MN 56544 8911
PAULT&CINDEEJSATHER
PO BOX 9002
FARGO, ND 58106 9002
MARY E SONTAG
34184 CAMPCHERITH RD
FRAZEE, MN 56544 8911
STATE OF MINNESOTA
ATTN TAX SPECIALIST
PO BOX 45
SAINT PAUL, MN 55155 4045
PAULJTRIMBO
34452 CAMP CHERITH RD
FRAZEE, MN 56544 8911
TO THE PUBLIC
, 00