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HomeMy WebLinkAbout18000210139000_Variances_09-08-20201249111Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 12/02/2020 02:47 PM ________ ~rr- 4^. .nn________ /te 9-f?zojl&R initial PAGES 62TIFICATE REC'D: N JiHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCECCi COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website; www.ottertailcountvmn.us Application Fee^ c'k >^l5c>e I'K)€J[)’20 AHeni^ Accepted By / Date /t^ DAYTIME PHONE 1(^3- ^(nO-^bOl COMPLETE THIS APPLICATION IN INK Receipt Number Pb B! . /khbcj, /H/\J 6U3bl FV Pibk l. CoirJ_______________ PROPERTY OWNER MAILING ADDRESS E-MAIL ADDRESS Unjuuaid.A£rLAKE CLASSLAKE NAMELAKE NUMBER UO L^k~-c.I5JTOWNSHIP RANGE TOWNSHIP NAMESECTION E-911 ADDRESS PARCEL NUMBER 3^110 to./y OOP D\3^ ODO LEGAL DESCRIPTION I(^D.oo TYPE OF VARIANCE REQUESTED (Please Check) Cluster WECS Misc.Structure Size Sewage System SubdivisionStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. --------------------------- SECTION OF ORDINANCE: 111 - 4 » Ar. \\J. b- iZ . menOTTER TAIL COUNTY ORDINANCE: , VARIANCE REQUEST: Proposing to construct an addition to the dwelling being approximately 135' to the OHWL (verified by L&R Inspection in 1992). The proposed addition will be no closer to the water than the exiting dwelling. The required setback is 200'. When the dwelling was constructed in 1992 the structure setback was 75' as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. If the proposed is approved the existing holding tank will be moved to meet setback requirements. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE 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. DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY 8,Q) -TimeDate Of Board of Adjustment Hearing Motion Allen & Linda Boe - Variance Application Approved as Requested (6:14 p.m.) After consideration and discussion, Michael Donoho made a motion, seconded by Jack Rosenthal and carried by roll call vote to approve the variance as requested to construct an addition to dwelling being 135 feet to the ordinary high water level. This decision is 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 have been placed on file with the Land Resource Management Department. hm hiUlv (ifhA Uuf>n^'> (m. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No mh^krLO km ^ L R Official/Date ^ Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR 368,804 • Victor Lundeen Co., Printers ♦ Fergus Falls, MN • 1-800-346-4870CL 01122019-001 t A \-1 \n:i> /„ I Ki: :i-. ik:ZEacn7^i(ie qual J-®FHD l^l®-|i/SKE4;emN<3-FOiRLANMei i'> 5 C £B!<a fe^ |-“S&P2:^t-Dateq 10L <<>SignaturedP/ease S:fercra_ on^/of a/?i/-lan) i^rL /atr/h<yAcaf«Js s wfiacA ^|o m-fdak ^-Jjroppsec^lgfr^yft/fCT.-l-l-l-------+-p-■• /3/ d Jo, '-eaGd builaihg-ei f/^ nrtgt TEoEvto >i-/al<:e-. w ic '-siaey tf TON. a :%sS?- -a3;3-p \ \& \ at h i:t~^i +k-:}t?UJiti_ 1 -K tr n'■K^7iS.-AJtW ^5:■t=¥wf i :=tt 7tU:d£z it z -sj \%fezgcu WH O' X O j EG <O O o^Q C\J CM § I MKL-0871-029 21598 7®VICTOR LUNDECM CO.. PRINTERS. PERCUS FALLS. WINN. IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Df^ Buildings Other Impervious Surface Existing Proposed ProposedExistingi-i.2Ft^Ft^Ft^Ft y^SDwellingS(pQ Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) 3^, 0^0 bWOASDriveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous ^90TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^Total Buildings 3‘OOB 0-0-O^S100+-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^Ft 4©,lc^C,^(peo 0-£9^/oD- D0G9 100+-r x Impervious Surface Calculation Worksheet 04-11-2016 Date (- "7:^ ~ y DrSignature:_ STAFF REPORT Allen & Linda BoeAPPLICANT; APPLICATION:Proposing to construct and addition to the dwelling being approximately 135' from the OHWL (verified by L&R inspection in 1992). The proposed addition will be no closer to the water than the exiting dwelling. The required setback is 200'. When the dwelling was constructed in 1992 the structure setback was 75' as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. If the proposed is approved the existing holding tank will be moved to meet setback requirements. LOCATION:36770 Co Hwy 126, Ashby MN 56309 18000210139000 LAKE NAME/NUMBER/CLASS: Unnamed, 56-521, Natural Environment STAFF WHO COMPLETED REPORT: Chris LeClair 41^ Otter Tail County Visit the County Website □ 'iV'- 60200134000 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 SECTION 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 29, 2020 No comments LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Allen & Linda Boe PO Box 51 Ashby MN 56309 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 8, 2020 at 6:00 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: Legal Description:Parcel No.-18000210139000 NWl/4 Section 21, Township 131, Range 40 Township Name - Eagle Lake Unnamed (56-261), Natural Environment (NE) 36770 County Hwy 126, Ashby MN 56309 Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to construct an addition to the dwelling being approximately 135' to the OHWL (verified by L&R Inspection in 1992). The proposed addition will be no closer to the water than the exiting dwelling. The required setback is 200'. When the dwelling was constructed in 1992 the structure setback was 75' as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. If the proposed is approved the existing holding tank will be moved to meet setback requirements. September 24, 2020 ,\iny Busko Board of Adjustment Secretary ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 ■ a.>i i-4 f,I !d4J16 "4? £9» ^ |U>Ohc. ,^(iroel w-rj^ ’X.': j •< ♦ i -:(^V\ovO ^\VM TO pwtlV.iV'J?-'Pet ess hf*KU' r-s’ I/V f^-V ''"x • / B■0:^-•6^to'Kil,&fcX -.i' ^ ■ »/^ 0 v\\.{\f/!K:r.^S .*>* j 1 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 24*^ day of September, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Property Owner Township Clerk Lake Association Robyn Anderson, Clerk Eagle Lake 40152 St. Battle Lake MN 56515 NAAllen & Linda Boe PO Box 51 Ashby MN 56309 City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Ne^Perham); Little'>tea(6nald Little pJR^Big Pine: Pelic^ FisTtVBass & Lt Pelican: Pelican Lake Group Lake Imp, Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: 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 (Q Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist, PO Box 431 Perham, MN 56573 , Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 UJ Board 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 Planning Commission Member: Jack Rosenthal, PO Box 266, Ottertail MN 56571 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: September 24, 2020 Extra 5Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT___ I I Added to Agenda Map I I Print out Findings of Fact Sheet U W 1 Minutes HBy: Amy Busko Newspapersl:\BOA\October BOA\Boe Affidavit (261) 10-08-20.docx Buffer Parcels Parcel No Addr2Name 1 Addrl Citv St ZiDName 2 Diane Pales Tstee Monticello MN 55362 8799508 3rd St W18000160105000 Allen & Kathleen Johnson Tst Ashby MN 56309 0180PO Box 18018000160106000 Harold C & Mabeth Joy Jensen Ashby MN 56309 46371800016010600337121 County Highway 126 Monticello MN 55362 8799Diane Pales Tstee 508 3rd St W18000170111000 Allen R & Linda Lou Boe Ashby MN 56309 005118000200133001PO Box 51 Diane Pales Tstee 508 3rd St W Monticello MN 55362 879918000200134000 Allen R & Linda Lou Boe Ashby MN 56309 005118000210138001PO Box 51 Allen R & Linda Lou Boe Ashby MN 56309 0051PO Box 5118000210139000 Allen & Kathleen Johnson Tst Ashby MN 56309 0180PO Box 18018000210141000 Beverly A Runningen Battle Lake MN 56515 955012559 State Highway 7818000210142000 Page 1 of 1Monday. Seotember 21, 2020 Buffer Mail m:■', ^...... Address i City, State, Zip Ashby MN 56309 0180 Address 2Name Allen & Kathleen Johnson Tst PO Box 180 Allen R & Linda Lou Boe Ashby MN 56309 0051PO Box 51 Diane Pales Tstee 508 3rd St W Monticello MN 55362 8799 Harold C & Mabeth Joy Jensen 37121 County Highway 126 Ashby MN 56309 4637 Beverly A Runningen 12559 State Highway 78 Battle Lake MN 56515 9550 Monday, September 21, 2020 Page 1 of 1 UnUana Convyneio# »Uali» H»Ti)gym Ma.ft44M-COWT«4CT FO« QgCO ^'ivMual Satler fTo delinquent taxes and transfer entered; Certiorate of Real Estate Valuer i/v «i rrty 1 L^Ied )not requir<^^>T^ ' ■**(Oiiice o1 Cour.ty Recorder County ol Otter Tail ow«ry ar e« ww>m in« df|jl vH e^ laeown'iS u De< * _ V J a g - County Auditor By Deputy (reserved for recording data) MORTGAGE REGISTRY TAX DUE HEREON: $. (reserved for mortgage registry tax payment data).19^/Date: Delores Nelson,THIS CONTRACT FOR DEED is made on the above date by not married (marital status) Allen R. Boe and Linda Lou BoeSeller (whether one or more), and husband and wife , Purchaser (whether one or more). Seller and Purchaser ag;ree to the following terms: 1. PROPERTY DESCWPTION. Seller hereby sells, and Pur, • iser hereby buys, real property in -----------Otter—Tail.----------------------County. Minnesota • .ribed as follows: The Northwest Quarter of the Southwest Quarter (NW^iSWli) of Section Twenty-one (21), Township One Hundred Thirty-one (131), Range Forty (40) SELLER CERTIFIES THAT SHE DOES NOT KNOW OF ANY WELLS ON THE ABOVE-DESCRIBED REAL FROPERTY, ) hereby certify that the taxes lor Itia yen tor the lands described within are paid. ■$I£VF ANHRFWS, Coun4y Tfcolg^ty Treasurer together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any: (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this contract; and (e) The following liens or encumbrances: 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Ujxjn Purchaser's prompt and full performance of this contract. Seller shall: (a) Execute, acknowledge and deliver to Purchaser a recordable form, conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a). (b), (c) and (d) of this contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this contract; and WARRANTY Deed.in f!iU) The following liens or encumbrances: ; and (b) Deliver to Purchaser the abstract of title to the Property or. if the title is rojjistered. the owner’s duplicate certificate of title. her legal address4. PUKCHASK PRICK. Purchaser shall pay to Seller, at sum ofTwenty-four Thousand and NO/IoO—------------------ as arid for the purchase price for the Property, payable as follows; 24(S -) . $7,000.00 paid, the receipt of which is hereby acknowledged, with the balance of $16,500.00 to be paid in annual installments of $7,500.00, which amount shall include interest on the unpaid balance at a rate of B% per annum, credited first to interest with the balance to principal, commencing on June 1, 1996. and continuingon each and every June 1 until paid in full. 5. PRKPAYMKNT. Unless otherwise provided in this contract. Purchaser shall have the riKht to fully or partially prepay this contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this contract, including- unpaid accrued interest, and the balance shall he applied to the principal installments to be paid in tlie inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. d. RKAI. ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before penalty accrues, all real estate taxes and installm^ts of special assessments assessed against the Property which are due and payable in the year 19—and in all subsequent years. Real estate taxes and installments of special assessments which are due and payable in the year in -which this contract is dated shall be paid as follows: Seller PurchaserSeller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the j'ear in which this contract is dated are paid in full. 1st half 2nd half 7. PROPERTY INSURANCE.(a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended coverage perils, vandalism, rr^^icious mischief and, if applicable, steam boiler explosion for atleast the amount of --------------N/_A_______________________________________________________________________ If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, ai-jd if flood insurance is available for that area. Purchaser shall procureand maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seiler which provides that Seller’s right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. (cl NOTICE OF* DAMAGE. In the event of damage to the Property by fire or other casualty. Purchaser shall promptly give notice of such damage to Seller and the insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid aa provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance of insurance proceeda. if any, shall be the property of Purchaser. . (b) PURCHASER’S ELECTION TO REBUILD. If Purchaser is not in default under this contract, or after curing any such default, and if the mortsaseea in any prior mortsaKcs and sellers in any prior contracts for deed do not require otherwise. Purchaser may elect to have that portion of such insurance proceeds necessary to repair, replace or restore the damaged Property (the repair work) deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the repair work are approved by Seller, which approval Seller shall not unreasonably withhold or dela>-. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work. Purchaser shall, before the commencement of the repair work, deposit into such sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the repair work. Purchaser shall at all times be responsible to pay the full cost of the repair work. All escrowed funds shall be disbursed by ths escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow t>efore the commencement of the repair work. Purchaser shall complete the repair work as soon as reasonably possible and in a good and workmanlike manner, and in any event the repair work shall be completed by Purchaser within one year after the damage occurs. If, following the completion of and payment for the repair work, there remain any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser under this contract in accordance with paragraph 8 (a) above. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY.(a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after thedateof this contract to any person or persons or property while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorneys’ fees, on account of or arising out of any such injuries. However. Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchaser shall, at Purchaser’s own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occuring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. CONDEMNATION. If nil or any part of the Property is taken in condemn ation proceedings instituted under pow*er of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid. Such amounts shall be applied first to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse orderof their maturity. Such paymentshall not post pone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance, if any, shall be the property of Purchaser. 12. WASTE. REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings, im­ provements €»r fixtures now or later located on or a part of the Property, nor shall Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller’s interest in the Property. Purchaser shall pay to Seller nil amounts, costs and expenses, including reasonable attorneys’ fees, incurred by Seller to remove any such liens or adverse claims. 13. DEEDAND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser’s full performance of this contract, pay the deed tax due upon the recording or filing of the deed to be delivered by .Seller to Purchaser. The mortgage registry tax due upon the recording or filing of this contract shall be paid by the party who records or files this contract: however, this provision shall not impair the right of Seller to collect from Purchaser the amount of such tax actually paid by Seller as provided in the applicable law governing default and service of notice of termination of this contract. 1 -1. NO’TICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in the Property, a copy of such assignment shall promptly be furnished to the non-assigning party. 15. PROTECTION OF INTERESTS. IfPurchaser fails to pay any sum of money required under the terms of this contract or fails to perform any of Purchaser’s obligations as set forth in this contract. Seller may, at Seller’s option, pay the same or cause the same to be performed, or both, and the amounts so p.iid by Seller and the cost of such performance shall be payable at on , with interest at the rate slated in paragraph 4 of this contract, as an additional amount due Se^V-r under this contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage,contract for det'd, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this contr.act. Seller shall timely pay all amount.s due thereon, and if Seller fails to do so. Purchaser may. at Purchaser’s option, pay any such delinquent anio^nts and deduct the amounts paid from the inslallment(s) next coming due under this contract. 16. DEFALTLT. The time of performance by Purchaser of the terms of this contract is an essential pa» I of this contract. Should Purchaser fail to timely perform any of the terms of this contract. Seller may. ,-jt Seller’s option, elect to. declare this contract cancelled and terminated by notice to Purchaser in accordance with applicable law. All right, title and interest acquired under this contract by Purchas or shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this contract shall belong to Seller as liquidated damages for breach of thi.s contract. Neither the extension of the time for payment of any sum of money to be paid hereunder n<ir any waiver by Seller of Seller’s rights to declare this contract forfeited by reason of any breach shall in any manner affect Seller’s right to cancel this contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law. Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. 17. BINDING EFFECT. The terms of this contract shall run with the land and bind the parties hereto and their successors in interest. escrow 18. HEADINGS. Headings of the paragraphs of this contract are for conv**nience only and do not denne, limit'or construe the contents of such paragraphs. 19. ASSESSMENTS BV OWNERS'ASSOCIATION. If the Property is subject to a recorded decimation providing for assessments to be levied against the Property by any owners' arujociotion. which assessments may bec’ome a lien against the Property if not paid, then; (n) Purchaser shall promptly pay. when due. all assessments imposed by the ow, ners' association or ot her governin < body as rf.-quired by the provisions of I he declaration or other relatid d<>curnents; and <b) .So long as the owners' associatic>n maintains a master or hianket policy c/f insurance against fire, extended coverage perils and such other hazards and in such amounts os are rotjuired by this contract, then:(i) Purchaser’s obligation in this contract to maintain hazard insurance coverage on the Property is sutisfied; and (ii) The provisions in paragraph S of this contract regarding application of ijisurance proceeds shall be superceded by the provisions of the dc.:iaratiun or other related documents; and (iii > In the event of a distribution of insurance proceeds in lieu of restoration or repair folio wing an insured casualty loss to the Property, any si.eh proceeds payable to Purchaset are hereby assigned and shall be paid to Seller for application to the sum secured by this contract, with the excess, if any, paid to Purchaser. i>0. AimiTIONAh TERMS: PURCHASER(S)SKLLERiSi Delores ReTs o n AllenBoe Linda Lou Boe State of Minnesota _________ !>r. County of The foregoing instrument was acknowledged before me this by _______Delores Nelson. noL married___________day of . 19-95. I------N07AH!j\I. stamp or rHAI. tOR (iTHFU title oh RASK' LONd. RVLANOER | MOrARY niMJC • MlMNESOrA ii&cMy Comm. &U3. Jsn. 31, aOOOL State of Minnesota C<»unty cf frre^^o^,5_ginsffun^nt^of□ wire . 19-?^ .The was a nby • NOTARIAJ- STAMP <iR SKAl. f<.*R »>THF.R Tl RANKi ^^ sicJS^tvreofXS^ar^ Tax Stafements <0f the rea< pr ffperty deswfib^ in this instruinent should pe sent to LON J. RYUANOER gw NOTARY PUWJC - MINNESOTAiI Allen R. and Linda Lou Boe P . 0. box 51 Ashby , MN 56309 THIS INSTRCMKNT WAS naAKTEtl BV (NAME AND ADDRESS!; |! MITCHELL LAW OFFICE, LTD. 14 First Avenue S.E.P.O. Box 300 Elbow Lake, MN 56531-0300 __JFAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES PRIORITY OVER PURCHASER’S INTEREST IN THE PROPERTY. Darrell & Kay Rotvold - Continued Darrell & Kay Rotvold. property owners represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance request to construct a 24’ x 36’ two story addition to dwelling being 6 feet from the lotline. This decision is 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. Roll call vote as follows; Board of Ad justment YEA NAY ABSENT ABSTAIN XThomas Lee XDarren Newv ille XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Allen & Linda Boe - Variance Application Approved as Requested (6:14 p.m.) Allen & Linda Boe, NWl /4, Unnamed Lake (56-261) in Eagle Lake Township requested the following: Proposing to construct an addition to the dwelling being approximately 135’ to the OHWL (verified by L&R Inspection in 1992). The proposed addition will be no closer to the water than the exiting dwelling. The required setback is 200’. When the dwelling was constructed in 1992 the structure setback was 75’ as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. If the proposed is approved the existing holding tank will be moved to meet setback requirements. Allen Boe. property' owner, represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion, Michael Donoho made a motion, seconded by Jack Rosenthal and carried by roll call vote to approve the variance as requested to construct an addition to dwelling being 135 feet to the ordinary high water level. This decision is 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 have been placed on file w ith the Land & Resource Management Department. Roll call rote as follows: Board of Adjustment ABSENT ABSTAINYEANAY XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Andrew Peterson - Variance Request Approved with Condition (6:18 p.m.) Andrew Peterson, .26 Ac Tract in S Part of Lot 10 & .04 Acre Tract of Lot 2, Loon Lake (56-523) in Candor Township requested the follow ing: We are proposing construct a 22’ x 8’ deck being approx. 17’ from the lake, please see attached variance application from 2016 for the approval of an 8’ x 12’ deck. The delay s are due to interruptions from a law suit and easement issues involving the neighbor as w ell as family health issues and the passing of my wife in December of2019. We are asking to build the deck larger by Board of Adjustment October 8, 2020 Page I 2