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Home My WebLink About02000230194011_Variances_12-03-2003Variances 2 Barcode 128 i2."5 'Z003 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 9452b/ this instrument #___—-7— was fiied/recorded in this office tor rec^ the P-r).rncff/' recorainq/fee well certificate 945267 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us *8.o«3Application Fee i~i^ ai^sjkUj)S J03 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date DAYTIME PHONE ^ - G C; g Jb ouLb ~Dtj.iu-*cln, rngj i I_____________ PROPERTY OWNER Pe_d <5^r P, , !rh€.C.i^&.n MAILING ADDRESS RcLm h LAKE NUMBER LAKE NAME O -Mi-e r SECTION TOWNSHIP RANGE M Q TOWNSHIP NAME PmOP LAKE CLASS PARCEL NUMBER Q'^OOQ ao i ^ 4 C) I \E-911ADDRESS 3^<oi O LEGAL DESCRIPTION \_‘^'1 "E. L ci c> r acl o &e,<xc_ln '=»- TO M c>~l ‘ nj ^ PT GL*5 CLom \ (o‘~t ^ H "Vo ”3 G/ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size Sewage System ClusterSubdivision Misc. SPECIFY VARIANCE REQUESTED ^'^e.po.ir o-T Q-bLjn CL c, V; ‘S?Ci'-e«.n cXJT'^cx- "to Vo o C-o^oapcx-L. ioPe_ "Yv-\acJ e. ~~rhe. e.n •V' ^otri’e.. ~TXa3C)-- p I u.*b O'? La-Ke bo-clF; * rjj. ^riu^'L *3 4' frgrATbp o? 1 UNDERSTAND THAT i HAVE APPLiED FOR A VARiANCE FROM THE REQUiREMENTS OF THE SHORELAND MANAGEMENT ORDiNANCE/SUBDIViSiON CONTROLS ORDiNANCE OF OTTER TAiL COUNTY. CUT i CXvncL \ TVi pro o e. Yn e. n ^ Vnore-. too» hb ?. b ■?y?:.o Vc.Kc2.prop e.r ^ c r e eja cxr e. o_pcv<^h Su.mrne.r’. •V-Vt e b ^ ? ? NriVro -4-lne^ Go 1 tint'b\ re.i n cjLr'eo.^c_r €.<an I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SiGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) NOV 0 3 2003 U^ijcUat^e ^ o t/rc(*i, 5^ I8’(/ '00^ /f y - ^oo " oo / c^o '0 03 ~^t)'/ 3lxo ^ 3 //p 7- J"' OO/ rt^ ^/-063) - £PO<^ -0 05 7^7 - - 007 ~d/o -D// ~ O/S/OS^ooo J7s oo>c> - ooS -^0^3 ' 0'>C - ooo — O 0 7dju^ / / ^^■ ■odi F.m/c^' ^ o^Date Of Hearing Time Motion Peder R. Becken - Denied the application as requested and approved a lot line variance with a condition. (8:02 p.m.) After consideration, Randall Mann made a motion, seconded by Cecil Femling and unanimously carried, to deny the variance as requested, but to approve a variance of 3’ from the required lot line setback of 10’ for the placement of an addition 7’ from the west lot line with the following conditions; 1) the addition can be no closer to the ordinary high water level than the existing cabin, 2.) the 6’ by 8’ shed must be removed, and 3.) the 10’ by 18’ screen area must be removed. The Board of Adjustment noted that the variance as approved would provide the applicant with a reasonable use of his property. 7 (_PHa^mam itter Tail County Board of Adjustment Perimt(s) required from Land & Resource Management A Yes (Contact Land & Resource Management) No I^q/03 LR Official/Date * Copy of Application Mailed to Applicant And the MN DNR _ BK-0402-001 309,424 - Victor Lundeen Company, Fergus Falls, Minnesota 1SignatureScale f=-r mi RS:c:7!':/r^0 NOV 0 3 2003 ]f Ii;f hi i ! I i 1;1*^Vio-S £y'6t>/-*7sU<Tti ' tf I vjO A- .!!1 r'-f ]'' ! Sl^«<L/J O \M 1 'pA'J'C^i\r-r -jjze 7^/?cKs ous Soo s./c: K i — —-u' V 'v~- /^^/O £.F. /-oT H !IN\\] v> ^- ? u; 0:7i '<0 O' <• J 0' '•>jF3 y 3^ C, VNJ i?^.oo3J *0 0Xi. v9 7T r ]oy^S SclZ££^ FH2^Al'=l^g ! 3oFT 1 = I----------7Sf^srTeA<^K vL ^ _J^ ck^st"<1r- I___ i 72>r/^L. /4/^^ (T^if ^ 8 5./^ 7'^ +/- Uj f Vi ^ *^:3;I ^ /O -1^css 4C LrK£313,987 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-8CX)-346-4870BK — 0403 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us January 31, 2005 Peder R. Becken 147 W. Rainbow St. Duluth, MN 55811 RE: Variance Appeal, Otter Tail Lake (56-242) Dear Mr. Becken, Enclosed please find a copy of the District Court’s January 12, 2005 Order regarding the Variance Appeal filed by Jay Patrick Hilley and Linda K. Hilley. As you will see, this Order rescinds the Variance the Otter Tail County Board of Adjustment granted you on December 3, 2003. It also allows you to replace your existing screen porch provided certain conditions are met. Since this is the case, please contact me so that we can discuss the aforementioned conditions and the Site Permit requirements for your proposed structure. Sincerely, Bill Kalar Administrator Enel. BK/mls cc: David Hauser, County Attorney, 121 W. Junius Ave. Fergus Falls, MN. RECEIVED JAN 2 7 2005 DISTRICT COURT, CERTiFIEID FILED 970135 JAN 1 2 2005SO'STATE KATHRYN A. QIJRENCOUNTY OF OTTER TAIL S iVENTH JUDICIAL DISTRICTCOuKl AOMlISiRTH-VOS OriFii lAi, COUNiv Jay Patrick Hilley and Linda K. Hilley,Court File No. 56-CO-04-001046 Plaintiffs, STIPULATION OF DISMISSAL WITH PREJUDICE ORDER AND JUDOflEOT VS. The County of Otter Tail, Defendant. WHEREAS, Peter R. Becken applied for a variance for an addition to the Ottertail County Board of Adjustment (“BOA”) and, on or about December 3,2003, the BOA denied the variance requested, but granted a different variance - a copy of which is attached as Exhibit A; WHEREAS, Plaintiffs filed this action challenging a variance granted by the BOA alleging. inter alia, there was improper notice concerning the variance granted by the BOA; WHEREAS, neither Plaintiffs nor Mr. Becken have any objection to a grant of the variance initially applied for by Mr. Becken; WHEREAS, the parties wish to settle this dispute and to enter into this Stipulation for Dismissal so as to resolve the litigation; NOW, THEREFORE, for the stipulations, and consideration provided herein, the undersigned, on behalf of their clients, stipulate and agree as follows: The parties agree to the Court vacating the variance granted by the BOA to Peter Becken on or about December 3,2003. 1. The parties agree to the Court approving the variance initially requested by Mr. Becken with the following conditions: 2. w a. The replacement structure must conform to the limits authorized for a Water Oriented Accessory Structure (WOAS), including the 10’ height limitation, it being understood and a condition of this variance that the replacement structure will actually be of less height than the existing structure. b. The replacement structure must be built on the existing foundation (posts) with no disturbance of earth in the bluff impact zone. There will be no increase in the size of the structure and it will be located on the existing footprint. c. The 6' X 8' shed near the lake must be removed (as required by the V^ance approved on December 3,2003). IT IS HEREBY STIPULATED BY AND BETWEEN all the parties hereto, through their respective undersigned attorneys, that this entire lawsuit may be, and hereby is, dismissed on its merits and with prejudice, but without costs or disbursements to any of the parties. IT IS FURTHER STIPULATED, that without further notice, a Judgment of I)ismissal with Prejudice and upon the merits of all of plaintifFs claims, without costs or disbursements to any of the parties, may be entered herein. (I s 0^ IVERSON REUVERS Dated:Dated: By.By.y Paul D. Reuvers, #217700 Attorney for Defendant 9321 Ensign Avenue South Bloomington, MN 55438 (952) 548-7200 Robert L. Russell, i Attorney for Plaintiffs 220 W. Washington Ave;, Suite 103 Fergus Falls, MN 56538 (218)998-6400 23 2 •i- ,1 ORDER The foregoing'Stipulation, having been presented to the Court on behalf of the above parties, IT IS HEREBY ORDERED: . r.i ■ The variance granted by the BOA to Peter Becken on or about December 3, 2003 is ^ hereby vacated. 1. 2. Based on the stipulation and agreement of all parties, the Court approves the variance requested by Mr. Becken with the following conditions: a. The replacement strucbire must conform to the limits authorized for a Water Oriented Accessory Structure (WQAS), including ttie 10’ height limitation, it being understood and a condition of this-variance that the replacernent structure will actually be of less height than the existing structure. b. The replacement structure must be built on the.existing foundation (posts) wi(h no disturbance of earth in the bluff impact zone. There will be no increase in the size of the structure and it will be located on the existing footprint. c. The 6' X 8' shed near the lake must be removed (as required by the Variance approved on December 3,2003). This Order shall be construed as the grant of a yariance by the BOA and treated as such. This action is hereby dismissed with prejudice and on its merits and without costs or disbursements to any party. 3. LET JUDGMENT BE ENTERED ACCORDINGLY. ftDated this/£? ~day of 20C^ BY THE COURT: Judge of District Court •*. 3 CO-04-1046 JUDGMENT I hereby certify that the foregoing constitutes the Judgment of this Court. KATHRYN A. OUREN COURT ADMINISTRATOR B St eputy Court Administrator sTtTE CN'^.,^tf,^l'^WCOUIinY,(5Pj9TTER M. Cr,. qe. atu3 ard eriginsl on Sk^K/M^sMtor '»r: OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #—9701asRcco'dCf5 no4c: (.of HI tldof^cfo B eci <r K andpf6L 3 was filed/recorded in this office for recor$l on the 2/hfh day of 2005 at / 7r\am,(^n^ Wendy t^etcaif, County RecordeK^ hy y^/yyi/f/uy/y- fA^ Dppiity ' (jjn I ^rA .recording fee .well certificate Loncf' R(f5Qurrc /