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HomeMy WebLinkAbout30000250146002_Variances_08-20-2020Variances 2 Barcode 128 1244720 CAROL SCHMALTZ OTTER TAIL COUHTV recorder-FERGUS FALLS, MH recorded on 09/21/2020 02:52 PM FEE; 46.00 Date Stamp OF TITLESRECEIVED AUG 20 2020 1; -AND 8, RESOURCt XI ■.£, ■-'O <:•SvCTL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 w\ww.co.otter-tail.mn.usqTTCRTAII SCO.OOApplication Fee 2n7jX^lOlDate 9;.Zb23bLO Receipt Number Accepted by Property Owner Existing: Clarence & Carol Reuer Tsts/ Proposed: Craig Swanson Existing: 1956 Co Hwy 24/ Proposed: 44936 N Little Pine Road________ Name Address City Existing: Ada/ Proposed: Perham Existing: Minnesota/ Proposed: MinnesotaState Existing: 56510/Proposed: 56573Zip Daytime Phone Existing: 218-784-2160/ Proposed: 612-414-3147 Email Existing: clarence.carol@gmail.com/ Proposed: craigswanson.cs@gmail.com Parcel Information Lake Class QDLake Name Little PineLake No 56014200/56-142 30000250146002Parcel Number(s) Parcel Number(s) I SectionGormanTownship Name Legal Description Section-25 Township-137 Range-039 PT GL 4 COM W1/4 COR SEC 25 S 1 DEG E 911.54'N 72 DEG E 621'TO BGN 72 DEG E 66.26'N 81 DEG E 116'S 8 DEG E 233' TO LK WLY ALG LK TO INTERSEC LN S 7 DEG E FR BG N 7 DEG W TO BG 44682 N Little Pine RoadPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) □□0structure Setback □SubdivisionSewage SystemStructure Size □□□MiscellaneousClusterWECS Version Date; 04/07/2020 1 t SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: I V Removing and replacing cabin with similar footprint cabin but taller, that will be no taller than 30'. Setback to lake will be identical as existing, side setbacks will meet requirements and falls within the existing footprint, but roadside setback will exceed existing footprint by 12', see attached drawing. fyH€'r4'a( I (5^ |2- !:> ^ c€- I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBOIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTA^ that OT^R PE)RMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS matter. I / signa^re DATEPROPERTY OWNER/AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) tOlO TimeDate of Hearing '7 ’r Motion Ciarence «& Carol Reuer, Tst. - Variance Approved as Requested (7:37 p.m.) After consideration and discussion, Thomas Lee made a motion, seconded by Darren Nev\'\ ille and carried by roll call \ ote to approve the v ariance request to replace the existing cabin being no closer to the lake than the existing dwelling. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board's finding have been attached to and incorporated as an official part of the minutes which hav e been placed on file w ith the Land & Resource Management Department. The v ariance as approved does not directly or indirectly grant any other variances for future dev elopment. ArvUjfiLsI^ Vurf\ai Llc Chainnan/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management NoYes Note; If Yes, contact Land & Resource Management /WyCopy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TfllleoviTT-aiaaiiOTR GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Clarence & Carol Reuer, Tst Address/Parcel No. 44682 N. Little Pine Rd. / 30000250146002 Requested Variance: Removing and replacing cabin with similar footprint but taller, that will be no taller than 30'. Setback to lake will be identical as existing, side setbacks will meet requirements and falls within the existing footprint, but roadside setback will exceed existing footprint by 12', see attached drawing on file at Land & Resource Management. Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. Ordinance Section Citation: IV. 12. D. WECS □ Dock & Riparian Use □ Setback Ord. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Would like to replace the existing cabin within the existing footprint of the old cabin. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: This is an existing iegai non-conforming structure which wiil be replaced no closer to the lake then the existing dwelling. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The proposed will be constructed over the existing slab. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... [] No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The lot was created prior to any zoning regulations in 1971. \ 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 near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: Replacing the existing structure with new. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... D No, the issuance of the variance is only for economic considerations... ...because: This is a maintenance issue. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED; September 10, 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. [Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) 11±3S93 DOC# 1113893No delinquent taxes and transfer entered; Certificate of Real Estate Value ( Certificate of Real Estate Value No. OFFtCE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA 1113893 Fee; $46.00 Well CertiTicate [ ] Rec'd ) filed ( ) not required. Certified, Filed, and/or Recorded: August 16, 2012 1:30 PM Wendy L. Metcalf, Recorder(Y»or) I Wayne Stein, County Auditor Returned To: CLARENCE REUER 1956 CTY HWY 24 ADA, MN 56510 by 30-000- Deputy I By: NDB i FORM NO. 27-M QUIT CLAIM DEED-INDIVIDUAL(S) TO INDIVIDUAL(S) Form No, 27-M-QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks (1/15/97) (nJividual(s) to Individual(s):•COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX $ ' • ^ S- I s “"i? 3 6ts» • STATE DEED TAX DUE HEREON: $ NUMBER DATE___^ - /(■Date:■P- FOR VALUABLE CONSIDERATION, Clarence Reuer and Carol L. Reuer, husband and wife. Grantors, hereby convey and quit claim and undivided one-half (1/2) interest to Clarence Reuer, as Trustee, and Carol L. Reuer, as "^ustee, or the successor(s) in Trust, under the Clarence Reuer Revocable Trust Agreement dated fjUQjifST "S, 2012, Grantee, and Clarence Reuer and Carol L. Reuer, husband and wife. Grantors, hereby convey and quit claim and undivided one-half (1/2) interest to Clarence Reuer, as Trustee, and Carol L. Reuer, as Trustee, or the successor(s) in Trust, under the Carol L. Reuer Revocable Trust- Agreement dated ^__________, 2012, Grantee real property in Otter Tail County, Minnesota described as follows: See attached Legal Description, together with all hereditaments and appurtenances. iWe are familiar with the property described in this instrument and we certify that the status and nurriber of wells,on the described real property have not changed since the last previously filed well disclosure certificate. i TOTAL CONSIDERATION GIVEN HEREWITH IS $500.00 OR LESS. Clarence Reuer Carol L. Reuer STATE OF MINNESOTA ) ) ss. COUNTY OF NORMAN ) The foregoing was acknowledged before me this L. Reuer, husband and wife. Grantors. %, 2012, by Clarence Reuer and Carol !NOTARIAL_STAMPX>R SEAL ! Curtis Eugene Krai notary public state of Minnesota Cofnmiasion Expires 1-31 -2015 L/' NOTARY PUBLIC Tax Statements for the real property described in this instrument should be sent to (Include Name and Address of Grantee):THIS INSTRUMENT WAS DRAFTED BY: David M. Ness, Esq. Fafinski Mark & Johnson, P.A. Eden Prairie, MN Clarence and Carol Reuer 1956 CR. 24 Ada, MN 56510 ! •-T LEGAL DESCRIPTION That certain pairt of Government Lot Four (4), Section Twenty-five (25), Township One Hundred Thirty-seven (137) North, Range Thirty-nine (39), West of the Fifth (S'**) Principal Meridian which is shown and designated as “A” on the attached plaL which is hereby made a part of this description, and more particularly described as follows, to-wit: Beginning at a point at the meandered post No. 3 located at the southwest corner of Government Lot Four (4) where the same abuts the lakeshore of Little Pine Lake then in an easterly direction on and along the shore of Little Pine Lake at an angle of North eighty and one-half (80%) degrees east for a distance of 550 feet to a point which is the point of beginning of the tract of land to be described herein, thence north and parallel with the west line of Government Lot Four (4) a distance of 159.4 feet to a public road, thence in a northeasterly direction on and along the southerly line of existing public road a distance of 259.5 feet, thence south a distance of 194.13 feet, thence west a distance of 259.5 feet to the point of beginning and there terminating, excepting therefrom the following described tract: That certain part of Government Lot Four (4), Section Twenty-five (25), Township One Hundred Thirty-seven (137), Range Thirty-nine (39), which is shown and designated as “A” on a plat recorded with the Register of Deeds, which is hereby made a part of this description and more particularly described as follows, to-wit: Beginning at a point at the meandered post No. 3 located in the southwest comer of Government Lot Four (4), where the same abuts the lakeshore of Little Pine Lake, then and in an easterly direction on and along the shore of Little Pine Lake at an angle of 80% degrees East for a distance of 550 feet to a point which is the point of beginning of the tract of land to be described herein, thence north and parallel with the west line of Government Lot Four (4) a distance of 159.4 feet to a public road, thence in a northeasterly direction on and along the southerly line of the existing public road a distance of 75 feet, thence south and parallel with the west line of Government Lot 4 a distance of 194.13 feet, thence west a distance of 75 feet to the point of beginning and there terminating, together with Riparian Rights at the shore line of the herein described tract, which tract lies between the shore line of the above described tract, which is twenty-two (22) feet, more or less, from north to south, and seventy-five (75) feet along the shore of Little Pine Lake in length. PURCHASE AGREEMENT BEFORE YOU USE OR SIGN THIS CONTRACT. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. Parties. This Purchase Agreement is made on the 5th day of August, 2020, by and between Clarence Reuer and Carol L. Reuer of 1956 County Highway 24, Ada MN 56510, SELLER, AND Craig M. Swanson dnd Karen E. Swanson of 28525 Guinivere Way, Bonita Springs, FL 34135, BUYER. 2. Offer and Acceptance. Buyer agrees to purchase and Seller agrees to sell real property located at 44682 North Little Pine Road, Perham, County of Otter Tail, State of Minnesota, hereafter the "property," legally described as: That part of Government Lot 4 of Section 25, Township 137 North, Range 39 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the v;est quarter corner of said Section 25; thence South 01 degree 44 minutes 20 seconds East 799.81 feet on an assumed bearing along the west line of said Section 25 to a found iron monument; thence continuing South 01 degree 44 minutes 20 seconds East 77.38 feet along the west line of said Section 25 to a found iron monument; thence continuing South 01 degree 44 minutes 20 seconds East 34.35 feet along the west line of said Section 25 to a found iron monument on the centerline of an existing public road (Little Pine Road); thence North 72 degrees 08 minutes 04 seconds East 621.13 feet along the centerline of said existing public road (Little Pine Road) to the point of beginning; thence continuing North 72 degrees 08 minutes 04 seconds East 66.26 feet along the centerline of said existing public road (Little Pine Road); thence North 81 degrees 39 minutes 12 seconds East 116.28 feet; thence South 08 degrees 41 minutes 30 seconds East 233.05 feet, more or less, to the water’s edge of Little Pine Lake; thence westerly along the water’s edge of said Little Pine Lake to the intersection with a line which bears South 07 degrees 53 minutes 59 seconds East from the point of beginning; thence North 07 degrees 53 minutes 59 seconds West 17 feet, more or less, to an iron monument; thence continuing North 07 degrees 53 minutes 59 seconds West 169.37 feet to a found iron monument; thence 1 continuing North 07 degrees 53 minutes 59 seconds West 33.51 feet to the point of beginning Parcei #30-000-25-0146-002 3. Contingencies. There are no contingencies to this purchase agreement. 4. Personai Property included in Sale. No personal property is included in said sale. 5. Price and Terms. The price for the real and personal property included in this sale is Three Hundred Forty-nine Thousand Six Hundred and no/IOOths Dollars ($349,600.00) which Buyer shall pay as follows: Earnest money of $10,000.00, payable to Seller, to be deposited and held by Seller’s lawyer in the lawyer’s trust account pending closing, receipt of which is hereby acknowledged, and the balance of $339,600.00 on the date of closing. 6. Date of Closing. The date of closing shall be on or before October 1, 2020. 7. Deed and Marketable Title. Upon performance by Buyer, Seller shall execute and deliver a Trustee’s Deed conveying marketable title, subject to the following title exceptions: Building and zoning laws, ordinances, state and federal regulations; Restrictions relating to use or improvement of the property without effective forfeiture provisions: ii. Reservation of any mineral rights;iii. Utility and drainage easements which do not interfere with existing improvements: iv. Encumbrances, easements, covenants, conditions, restrictions, or declaration (without an association) which have been disclosed to Buyer. V. 2 The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Purchase Agreement are to be paid or assumed by Buyer. Vi. Although Seller has disclosed these title issues and Buyer has indicated a general willingness to take title subject to these title issues, these title issues are subject to other provisions of the Purchase Agreement and to an examination of titie based upon the Minnesota Titie Standards and upon Minnesota Law. 8. Real Estate Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual 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, the payment of which is not othenwise provided for herein. Seller warrants that taxes due and payable in the year 2020 will not be homestead classification. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. (a) Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this Agreement is dated are paid in full. (b) Seller is unaware of any special assessments certified for payment, levied or pending. If a special assessment becomes pending after the date of this Agreement and before the date of closing. Buyer shall assume payment of the pending special assessment without adjustment to the purchase price of the property. (c) 9. Damages to Real Property. If the real property is substantially damaged prior to closing, this Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to dosing. Buyer may rescind this Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21 day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 3 10. Seller’s Boundary Line. Access. Restrictions, and Lien Warranties. Seller shall locate the four corner survey stakes prior to closing. Seller warrants that buildings are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or coiitract for deed. 11. Hazardous Substances. Petroleum Products and Underground Storage Tanks. To the best of Seller’s knowledge, Seller knows of no hazardous substances or petroleum products having been placed, stored or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time. 12. Protected Sites. Seller has no knowledge that the property has any conditions that are protected by federal or state law (such as American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical structures or materials or archeological sites). 13. Disclosure of Notices. Seller has not received any notice from any governmental authority as to violation of any law, ordinance, or regulation affecting the real property. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. 14. Diseased Trees. Seller has not received any notice from any governmental authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the property. 15. Well Disclosure. Buyer acknowledges there Is a private well on the premises. 4 16. Sewage Treatment System. As of August 1, 2013, Otter Tail County requires filing of an Otter Tail County Sewage Treatment System Property Transfer Forni and if there is a private sewage treatment system an inspection of the private sewage treatment system. If there is a private sewage treatment system, Buyer acknowledges that Buyer is responsible for conducting such inspection and if said sewage treatment system is not in compliance. Buyer further acknowledges that Buyer shall be responsible to repair or replace said sewage treatment system so that it complies with the Ordinance and requirements of Otter Tail County, all at Buyer’s expense. 17. Notice Regarding Predatory Offenders. Information about the predatory offender registry and persons registered with the registry may be obtained by contacting the local law enforcement agency or by contacting the Minnesota Department of Corrections at 651- 361-7200 or at http://www.doc.state.mn.us. IS.Methamphetamine Disclosure. Seiler is unaware of any methamphetamine production occurring on the property. 19. Airport Zoning Regulations. if airport zoning reguiations affect this reai property, a copy of those airport zoning reguiations as adopted can be viewed or obtained at the office of the County Recorder where the zoned area is located. 20. As Is. Buyer acknowledges their use and occupation/inspection of the real property, improvements and fixtures located thereon and Buyer has inspected the Property and accepts the Property, together with all improvements, personal property, appliances, buildings, fixtures and electrical, plumbing and heating systems located thereon, in "as is" condition and there are no other oral or written representations, warranties or guaranties, express or implied and SELLER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 21 .Statutory Disclosure. Pursuant to Minnesota Statutes. Sections 513.52 through 513.60, Seller must provide a written disclosure or Buyer must have received an inspection report or Buyer and Seller may waiver the written disclosure requirements. 5 i. Minnesota Statutes Section 513.57, Subd. 2., Liability. If Seller fails to make a disclosure as required by Sections 513.52 through 513.60 and was aware of material facts pertaining to the real property is liable to Buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitabie reiief as determined by the Court. An action under this subdivision must be commenced within two years after the date on which the Buyer closed the purchase or transfer of the real property. ii. Seiler and Buyer hereby waive the written disciosure required under Sections 513.52 through 513.60. 1. Minnesota Statutes Section 513.60. WAIVER. The waiver disclosure required under Section 513.52 through 513.60 may be waived if the Seller and the prospective Buyer agree in writing. Waiver of the disclosure required under Section 513.52 through 513.60 does not waive, limit or abridge any obligation for Seiler disclosure created by any other law. 22. Possession. Seller shall deliver possession of the property not later than the date of closing. All fuel oil, liquid petroleum gas, electricity, and natural gas shall be prorated between the parties as of the date of possession. 23. Examination of Title. Within a reasonable time after acceptance of this Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title certified to date including proper searches covering bankruptcies and State and Federai judgments, iiens, and levied and pending special assessments. Buyer shall have thirty (30) business days after receipt of the Abstract of Title either to have Buyer's attorney examine the title and provide Seller with written title objections or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have twenty (20) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written title objections. Buyer shall be deemed to have waived any title objections not made within the applicable twenty (20) day period for above, except that this shall not operate as a waiver of Seller’s covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title Insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 6 24.Title Corrections and Remedies. If Seller elects to correct such objections underthe examination of title provision hereof, Seller shall use reasonable efforts to provide marketable title by the date of closing. Seller agrees to pay all costs and fees necessary to convey marketable title including obtaining and recording all required documents. If Seller elects to cancel, Buyer may waive such title objections by written notice to Seller. Seller shall have 180 days from the earlier of either (i) the date of closing or (ii) receipt of Buyer’s written title objections to make title marketable. Upon receipt of Buyer’s title objections. Seller shall, within twenty (20) business days, notify Buyer of Seller’s intention to make title marketable within the above-referenced 180 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed or the parties may agree to close with the Seller depositing funds in escrow sufficient to pay all costs and attorney’s fees which could be incurred in correcting title. As an alternative to making title good and marketable of record. Seller may, within the twenty (20) day notice period, make a written, dated offer to Buyer to obtain title insurance for Buyer with insuring provisions acceptable to Buyer (and, if applicable. Buyer’s lender), as follows: • Seller may procure, at Seller’s expense, an owner’s policy of title insurance, from an insurer registered and licensed to do business in Minnesota and acceptable to Buyer, specifically insurance over the title objections. • If the title objections are stated in a title insurance commitment which Buyer has obtained, Seller may provide the insurer with such documents and escrow as are necessary to allow the insurer to specifically insure over the title objections and agree to pay all of the insurer’s charges for issuing the owner’s policy to Buyer. Under either of these title insuring alternatives, “at Seller’s expense”, and “pay all of the insurer’s charges” means that Seller will pay all title insurance commitment and policy premium charges, search charges, plat drawing fees, and any other charge by the insurer to issue the owner’s policy, but not the premium for a lender’s policy, if any. If Buyer accepts Seller’s offer of an insurable title, then in this Purchase Agreement, “making title marketable” shall mean “making title insurable” in the manner described above. Buyer is under no obligation to accept Seller’s offer of an insurable title in lieu of a good and marketable title of record, but, if Buyer does not reject Seller’s offer of an insurable title within three (3) business days of receiving Seller’s offer. Buyer shall be deemed to have 7 accepted Seller’s offer of an insurable title. If Buyer rejects Seller’s offer to make title marketable, Seller shall then make title good and marketable of record and shall be subject to the provisions of this Purchase Agreement for failure to timely present good and marketable title of record, in the event of such failure. (a) If the closing is postponed and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days, or on the scheduled closing date, whichever is later. (a) If the closing is postponed and if Seller does not notify Buyer of Seller’s intention to make title marketable, or Seller provides such notice but the 180 day period expires without title being made marketable due to Seller's failure to proceed in good faith. Buyer may elect: (i) Cancel the Purchase Agreement by notice to Seller, and neither party shall be liable for damages hereunder to the other in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (ii) Elect to take title subject to some or all of the title objections; (iii) To undertake proceedings to comect the title objections and Buyer may proceed to correct title at Seller’s expense with the costs and attorney’s fees for such correction being paid out of closing. (iv) Buyer may seek specific performance within six months after such right of action arises. (c) If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect to either of the following options, as permitted by law: (i) Cancel this Purchase Agreement as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this Purchase Agreement is a down payment note and may be presented for payment notwithstanding cancellation. (ii) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. 8 if title is marketable, or is made marketable as provided herein, and Seiler defaults in any of the agreements herein. Buyer may elect to either of the following options, as permitted by law: (a) (i) Seek damages from Seiler including costs and reasonable attorney’s fees; (ii) Seek specific performance within six months after such right of action arises; including costs and reasonable attorney’s fees; (iii) Cancel this Purchase Agreement as provided by statute and neither party shall be liable for damages hereunder to the other, and the earnest money shall be refunded to Buyer. 25. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Section 1 above, and if mailed, are effective as of the date of mailing. 26. Subdivision of Land. If this sale constitutes or requires a subdivision or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and obtain ali necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be approved for recording as of the date of closing. 27.Choiceof Law. This contract shall be governed by the laws of the State of Minnesota. 28. Wetland. Shoreland. and Flood Plain Concerns. Unless disclosed as “a material fact" that could adversely and significantly affect Buyer’s use and enjoyment of the real property or any intended use of the real property, current law does not require Seller to disclose Seller’s knowledge, if any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these concerns. Buyer might want to include Seller’s disclosures regarding these concerns. 29. Closing. Closing shall be at the office of Samuel D. Felix, KARKELA, HUNT & CHESHIRE, PLLP, the Buyer’s title insurer or at some other mutually agreeable location. At closing. Seller and Buyer shall disclose their Social Security Numbers for the purposes of completing state and federal tax forms. 9 30. Closing Costs. The costs of closing shall be paid as follows: (a) SELLER’S COSTS: Document preparation costs, recording fees, and deed taxes for documents necessary to establish good and marketable title in Seller. Document preparation costs, certified copy fees, and recording fees, to establish the authority of the person action on behalf of Seiler. Document preparation costs for Seller’s Deed, Certificate of Reai Estate Value, Seller’s Affidavit, Well Disclosure and any other documents required to convey the Property State Deed Tax One-half closing fee ii. ill. Iv. V. (b) BUYER’S COSTS: i. Drafting of Purchase Agreement II. Document preparation costs, recording fees, and mortgage registration taxes for documents necessary for Buyer’s mortgage financing; iii. Abstract updating or Title Commitment iv. Title Examination Recording fee for Deed and Well Disclosure (if required) vi. One-half closing fee V. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Clarence Reuer and Carol L. Reuer agree to sell the property for the price and terms and conditions set forth above. tiarence Reuer, Seiler TCarpljL. Reuer. Seller Craig M. Swanson and Karen E. SwansoryaOTee to buy^pye property for t|ie price and i Craig M. S//dnson, Buyer terms and conditions set forth above.(JCla\^ j( Utlff ren E. Swanson, Buyer 10 Clarence & Carol Reuer, Tst. - Variance Approved as Requested (7:37 p.m.) • Clarence & Carol Reuer, Tst., Pt of GL 4 Com Wl/4 Cor..., Little Pine Lake (56-142), Removing and replacing cabin with similar footprint but taller, that will be no taller than 30’. Setback to lake will be identical as existing, side setbacks will meet requirements and falls within the existing footprint, but roadside setback will exceed existing footprint by 12’, see attached drawing on file at Land & Resource Management. Craig Swanson, proposed buyer and Andy Pettow, Pettow Construction represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Darren New ville and carried by roll call vote to approve the variance request to replace the existing cabin being no closer to the lake than the existing dwelling. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Judd Fischer-PC Member X Other Business - None With no further business, Thomas Lee, Chairman declared the meeting adjourned at 7:47 p.m. Prepared by: Amy Busko, Secretary The minutes were emailed on September 18, 2020, to the Otter Tail County Board of Adjustment. Official action regarding these minutes w ill be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment September 10, 2020 Page I 6 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 ' COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Clarence & Carol Reuer, Tst 1956 Co. Hwy 24 Ada MN 56510 Flas/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, September 10, 2020 at 7:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No. - 30000250146002 Pt of GL 4 Com Wl/4 Cor... Section 25, Township 137, Range 39 Township Name - Gorman Little Pine (56-142), General Development (GD) 44682 N. Little Pine Rd., Perham MN 56573 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: Removing and replacing cabin with similar footprint but taller, that will be no taller than 30'. Setback to lake will be identical as existing, side setbacks will meet requirements and falls within the existing footprint, but roadside setback will exceed existing footprint by 12', see attached drawing on file at Land & Resource Management. August 27, 2020 Amy Busko Board of Adjustment Secretary ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 sma STAFF REPORT Clarence & Carol Reuer and Craig SwansonAPPLICANT: Removing and replacing cabin with similar footprint cabin but taller, that will be no taller than 30'. Setback to lake will be identical as existing, side setbacks will meet requirements and falls within the existing footprint, but roadside setback will exceed footprint by 12', see attached drawing. APPLICATION: 44682 N Little Pine RD, Perham MN 56573 30000250146002LOCATION: LAKE NAME/NUMBER/CLASS: Little Pine, 56-142, GD STAFF WHO COMPLETED REPORT: Chris LeClair 4^ Otter Tail County Visit the County Website 44682 N LITTLE PINE RD X Show search results for 44682 I ■: ^□ B2 N LIT^E PINE I® ir. ^ f.M m Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SEaiON IV, SUBP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 4.Nonconformities; certain classes of property. This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Site visit September 3, 2020 2. No comments «• .X \ Ain l!V *r ■a, ■r •Tl i.L ■*-i <r L. ^''’1k-j,sA > 7Z I■I SIIrii:=■—ifi= ■isr-i wWK"™- a. 'v'Vk >. . , '.;<• m;X&W-m •S'.- X'''■31" r * M /'> ^"i’4 , ,w V ■V i A‘;t ,x , ^7 ;* V ■',' i(v„^',jy„ ^W-M ne ''L S?-* %mm. ii otter Tail County Web Map 7 http://www.co. otter- tail. mn. us ‘ ' ■'i h '■ ' 4 ' ’ i 4 <■ I 3q000i25014^s s •'- * -«i• I V ^ T ^'-S\W -2' 30-0002591^!•IC,>¥ifi.d-.. .1m r30000250 ? "-;i.. ie*-68^♦ !*► 4: Jii‘./ 1500*’ LITTLE nSF. LiKE LITTLE PINE 0.00ft50,00425 0 O O085 ml Not a legal document. For Reference Use Only. Accuracy is not guaranteed-! County GI50TTERTAIL COUNTY • H«NNe$OTA IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings Existing ProposedExistingProposed Ft^Ft^ Ft^Ft //^ • %~2J/ /0<3 fc> Deck(s)Dwelling Patio(s)Mol/<r\ Attached Garage sWDetached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s)~Zooo RCU Parking Area(s) Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier)2-0 O Miscellaneous -^DfdTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^Ft^Total Buildings — &.n.^57o100+-i-X = Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^fP 53^i 100+X TImpervious Surface Calculation Worksheet 04-11-2016 ^-2^-Z£>'2-SSignature: (Date r‘ In 0 . / 1 I • 1 «0 uiOga-Q' 7£f'-0'X»'-0‘l4'-0‘ QJ Q■j5 D/O o \^V i^vrpiNiN3“'i IKOON I 'O r v/^<otCirCHEN I $>iI LiJ az9ofr-c4‘T-0‘UJI 17g!MECHENrKLYLNDRY Pie-o'CL•?uj vSoVft t|B--0’T-f □IT S ^ d <TT-ej'99S 9S ? 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OO^ EXTERCR ELEVATKMS A-4-LARESIPE elevation SCALE' i'-r-O*♦ OF 4- 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 27*^ day of August, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Lake AssociationTownship ClerkProperty Owner Little Pine Lake Association PO Box 62 Perham MN 56573 Mara lesalnieks. Clerk Gorman Township 49096 435'h Ave Perham MN 56573 Clarence & Carol Reuer Tst 1956 Co. Hwy 24 Ada MN 56510 City Clerk (if located within 2 miles of a city) City of Perham, Jonathan Smith, Administrator/Clerk, PO Box 130, Perham MN m Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: Big McDonald: Devils (Near Perham): LU Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Send Card to Contractor Pettow Construction PO Box 268 Perham MN 56573Board of Adjustment Members: 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 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Proposed Buyers: Craig Swanson 44936 N. Little Pine Rd Perham MN 56573 Planning Commission Member: Judd Fischer, 711 Sunset Dr., Fergus Falls MN 56537 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print File 1Dated: August 27, 2020 10Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____ I I Added to Agenda IQ Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:12Amy Busko 29 l:\BOA\September BOAVReuer Affidavit (142) 09-10-20.docx - —1*sr Buffer Parcels Parcel No Addr2 Citv St ZiDAddr 1Name 1 30000250146000 Donald D & Jonell K Sapp Name 2 rPerham MN 56573 813544596 Little Pine Rd N 30000250146002 Clarence & Carol ReuerTsts Ada MN 56510 92491956 County Highway 24 Perham MN 56573 813530000250146003 Gene A & Charnelle Scheel Tsts 44568 Little Pine Rd N Wadena MN 56482 1643Linda Jean Campbell Attn John & Eleanor Stromberg30000250146004 315 Dayton Ave SW 30000250146005 Donald D & Jonell K Sapp Perham MN 56573 813544596 Little Pine Rd N 30000250148005 John & Susan Martodam Perham MN 56573 813644810 Little Pine Rd N 30000250148006 William T 8i Julie Brodeur Fargo ND 58104 68212209 Victoria Rose Dr S 30000250148007 Ebeling Hunting & Rec Hideaway 544 4th St SW Perham MN 56573 1428 30000250148008 William T & Julie Brodeur Fargo ND 58104 68212209 Victoria Rose Dr S Ellendale ND 58436 057430000250148011 John R & Karen M Beringer PO Box 574 30000250148015 Carol F Ebeling 44707 Little Pine Rd N Perham MN 56573 8136 Perham MN 56573 813630000250148016 Carol F Ebeling 44707 Little Pine Rd N Saint Cloud MN 56303 956730000250148017 Jeffrey W Gau Revocable Tst 2191 Mill Pond Dr Saint Cloud MN 56303 956730000250148018 Jeffrey W Gau Revocable Tst 2191 Mill Pond Dr Detroit Lakes MN 56501 740730000250149000 Bruce J & Doreen L Paiubicki 14977 Woodland Dr Perham MN 56573 813330000250149001 James J Bucholz Jr 47543 450th Ave 30000990312000 William T & Julie Brodeur Fargo ND 58104 68212209 Victoria Rose Dr S Saint Cloud MN 56303 956730000990313000 Jeffrey W Gau Revocable Tst 2191 Mill Pond Dr 30000990314000 Ebeling Hunting & Rec Hideaway Perham MN 56573 1428544 4th St SW Ellendale ND 58436 057430000990315000 John R & Karen M Beringer PO Box 574 Perham MN 56573 813630000990316000 John & Susan Martodam 44810 Little Pine Rd N Page 1 of 1Tuesday. August 25, 2020 Buffer Mail Address i City, State, ZipNameAddress 2 John R & Karen M Beringer EllendaleND 58436 0574PO Box 574 William T & Julie Brodeur 2209 Victoria Rose Dr S Fargo ND 58104 6821 Linda Jean Campbell 315 Dayton Ave SW Wadena MN 56482 1643 Clarence & Carol ReuerTsts 1956 County Highway 24 Ada MN 56510 9249 Ebeling Hunting & Rec Hideaway 544 4th St SW Perham MN 56573 1428 Carol F Ebeling 44707 Little Pine Rd N Perham MN 56573 8136 Gene A & Charnelle Scheel Tsts 44568 Little Pine Rd N Perham MN 56573 8135 James J Bucholz Jr 47543 450th Ave Perham MN 56573 8133 Jeffrey W Gau Revocable 1st 2191 Mill Pond Dr Saint Cloud MN 56303 9567 John & Susan Martodam 44810 Little Pine Rd N Perham MN 56573 8136 Bruce J & Doreen L Palubicki 14977 Woodland Dr Detroit Lakes MN 56501 7407 Donald D & Jonell K Sapp 44596 Little Pine Rd N Perham MN 56573 8135 Tuesday, August 25, 2020 Page 1 of 1 K ri Ci it Q] Ci<o lu Z Cl \pLi] vS? iotz □ 2 <® XO (l;:'l' CRAJ6 SWANSON R£SCCNC£ KCP e/«/xo2.o 4-J PM 'VISIONS DESCRiPnONREV» srrt PLAN 0^ K Si1"I«sICl I i LiJ oga-o* >4'-Q*IQ'-O*X4'-0’ Q] ■?•9T/O >o .,rpiNlN6[ I,. 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