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HomeMy WebLinkAbout08000310230003_Variances_05-05-1994r 7«3S4tO APPLICATION FOR VARIANCE FROM M fitter tail COUNTY. MINNESOTA l4«MyMtenrfHmeda,Doc.» ^ nwTiHT Kanferud— Stephen rt)/yOffice of Coumy Recorder Cou^^y of Otter TaH y CMtify that the wHhki trattwunt w» Med rd In thts office on the dty ofVvyhiA.D. -\K I y/vReceipt No. and VC -Application Fee $ Phone: 218-863-8257/8723Leonard Last Name First Middle Pelican Rapids 56572RR 4 Box 160 MN Street & No.StateCity Zip No. otter - Big & Little577 S, 1654P NELake ClassLake No.Lake Name 13731 Candor41Sec. Twp.Range Twp. Name C.3/c;>lLegal Description:Fire No. or Lake ID # Govt. Lot 7, Sect. 31, T137N R41W OWNER WOULD LIKE TO BE PRESENT WHEN THIS PROPERTY IS VIEWED BY BOARD MEMBERS AS THIS PARCEL IS DIFFICULT TO ACCESS AND DIFFICULT TO FIND. BRING BOOTS!!! Parcel Number 08-000-31-0230-001 A variance of 100' from Big Otter and 125' from Little Otter from the required ordinary highwater setback of 200 the required shore impact zone setback of 100' for construction of a home. A. The conditions causing a hardship on this property are two-fold: 1. The lay of the terrain dictates a very limited area that can easily be used for building and outdoor activities, without major excavations of earth, massive tree removal, and more difficult access to the lake for a site that VARIANCE REQUESTED IS: and a variance of 25' from would be further away from the water. 2. The plans and prepatory work of surveying and road building were begun when Little Otter was not regulated. The original plan would not have required any variance. After a tremendous amount of time, money and physical work was expended I have now been informed Little Otter is regulated. This recent law change has created a hardship in that I must now create a new building area and house plans to fit the terrain that will minimize the disruption of the site. The best way to accomplish this would be locating the home as the drawing indicates using the variance distances. B. This variance would secure for me the same rights that have been recently granted to others on this same lake. C. This variance would not be detrimental to neighboring properties as my home would still be over 300 away from the closest neighbor and out of their sight. In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. M April 11 94Application dated 19 . X Signature Of Applicant <Jtr---------^------------ 19 QJ of - c 'TYIq M ^ - rj- 9<f Date of hearing:Time: ///6/^/ 9y' rsz; Ac/MOTION AS FOLLOWS:c*- ^ o44-«.e. c/ .Poo oA Cp/Co rr\ ■SeIA hO3. oa J.C AiKiAii-y '7S'' j-o fi. «.i<3L- o /as-'I • ■ 1 V \j r. Chairman Otter Tail County Board of AdjustmentvAPermitfs) from Land & Resource Manag^ent required:YES NO mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 258.371 — Victor Lundeen Co., Primers, Fergus Falls. Minnesota f OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Wr. Cecil B. Femling 13 6th St. NE. Pelican Rapids, MN 56572 RE;Application for Variance Stephen Kantrud. Dear Mr. Femling, Please be advised that the special meeting of the Otter Tail County June 9th, 1994 June 13th, 1994 at 7 p. m. Bqard of Adjustment which was scheduled for Thursday, at 6 p.m. has been rescheduled for Monday, in tlie Otter Tail County Commissioners' Room. Mr. Terry Lejcher, Area Hydrologist, with the Department of Natural Resources, had previous commitments that prevented his attendance at the June 9th, 1994 meeting. Please remember that the Board of Adjustment will still be meeting on Thursday, June 9th, 1994 at 7 p.m, to consider various applications for variance as per the agenda previously provided to you. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor r OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Carl Johnson Route #1 Box 122 Vergas, MN 56587 RE:Application for Variance Stephen Kantrud. Dear Mr. Johnson, Please be advised that the special meeting of the Otter Tail County Board of Adjustment which was scheduled for Thursday, June 9th, 1994 at 6 p.m. has been rescheduled for Monday, June 13th, 1994 at 7 p.m. in t;he Otter Tail County Commissioners' Room. Mr. Terry Lejcher, Area Hydrologist, with the Department of Natural Resources, had previous commitments that prevented his attendance at the June 9th, 1994 meeting. Please remember that the Board of Adjustment will still be meeting on Thursday, June 9th, 1994 at 7 p.m. to consider various applications for variance as per the agenda previously provided to you. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor il s ; OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Hr. George Waiter R#1 Box 314 Perham, MN 56573 RE:Application for Variance Stephen Kantrud. Dear Mr. Walter, Please be advised that the special meeting of the Otter Tail County Bpard of Adjustment which was scheduled for Thursday, June 9th, 1994 at 6 p. m. has been rescheduled for Monday, June 13th, 1994 at 7 p.m. Room.in "^he Otter Tail County Commissioners' Mr. Terry Lejcher, Area Hydrologist, with the Department of Natural Resources, had previous commitments that prevented his attendance at the June 9th, 1994 meeting. Please remember that the Board of Adjustment will still be meeting on Thursday, June 9th, 1994 at 7 p.m. to consider various applications for variance as per the agenda previously provided to you. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor ; M OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls. MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr, John Everts Route #2 Battle Lake, MN 56515 RE:Application for Variance Stephen Kantrud. Dear Mr, Everts, Please be advised that the special meeting of the Otter Tail County Board of Adjustment which was scheduled for Thursday, June 9th, 1994 at 6 p, m. has been rescheduled for Monday, June 13th, 1994 at 7 p.m. in i^e Otter Tail County Commissioners' Room. Mr. Terry Lejcher, Area Hydrologist, with the Department of Natural Resources, had previous commitments that prevented his attendance at the June 9th, 1994 meeting. Please remember that the Board of Adjustment will still be meeting on Thursday, June 9th, 1994 at 7 p.m. to consider various applications for variance as per the agenda previously provided to you. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor 0 OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 ttr. Craig Anderson RR Ottertail, MN 56571 RE:Application for Variance Stephen Kantrud, Dear Mr. Anderson, Please be advised that the special meeting of the Otter Tail County Board of Adjustment which was scheduled for Thursday, June 9th, 1994 at 6 p, m. has been rescheduled for Monday, June 13th, 1994 at 7 p. m. in the Otter Tail County Commissioners' Room.\ Mr. Terry Lejcher, Area Hydrologist, with the Department of Natural Resources, had previous commitments that prevented his attendance at the June 9th, 1994 meeting. Please remember that the Board of Adjustment will still be meeting on Thursday, June 9th, 1994 at 7 p.m. to consider various applications for variance as per the agenda previously provided to you. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor s . H;5 SI1 OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Randall Mann 532 Ann St. N. Fergus Falls, MN 56537 RE:Application for Variance Stephen Kantrud. Dear Mr. Mann, Please be advised that the special meeting of the Otter Tail County Board of Adjustment which was scheduled for Thursday, June 9th, 1994 at 6 p.m. has been rescheduled for Monday, June 13th, 1994 at 7 p.m. in tlie Otter Tail County Commissioners' Room. Mr, Terry Lejcher, Area Hydrologist, with the Department of Natural Resources, had previous commitments that prevented his attendance at the June 9th, 1994 meeting. Please remember that the Board of Adjustment will still be meeting on Thursday, June 9th, 1994 at 7 p.m, to consider various applications for variance as per the agenda previously provided to you. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor :! [ OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Wally Senyk, County Attorney Otter Tail County Courthouse 121 W. Junius Fergus Falls, MN 56537 RE:Application for Variance Stephen Kantrud. Dear Mr. Senyk, Please be advised that the Otter Tail County Board of Adjustment has requested your attendance at a special meeting scheduled for Monday, Jun 13th, 1994 at 7 p. m. in the Otter Tail County Commissioners' Roonr. The purpose of the special meeting is to discuss and consider the tabled variance request of Mr. Stephen Kantrud. Mr. Terry Lejcher will be present to discuss with the members of the Board of Adjustment the facts regarding the classification of Little Otter as a natural environment lake. For your information I have enclosed a copy of Mr. request. free to contact me. Kantrud's variance If you should need any additional information please feel Thank you very much. Sincerely, Wayne Stein County Auditor [ 1 s r OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Bill Kalar, Director Land and Resource Department Otter Tail County Courthouse 121 W. Junius Fergus Falls, MN 56537 RE;Application for Variance Stephen Kantrud. Dear Mr. Kalar, Please be advised that the Otter Tail County Board of Adjustment has scheduled a special meeting, on Monday, June 13th, 1994 at 7 p. m. inthe ^Dtter Tail County Commissioners' Room, for the purpose of discussing and considering the tabled variance request of Mr. Stephen Kantrud, If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor ■a 1 I d I I OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Terry Lejcher, Area Hydrologist Department of Natural Resources 1221 Fir Ave. E. Fergus Falls, MN 56537 RE:Application for Variance Stephen Kantrud. Dear Mr, Lejcher, Enclosed for your information is a copy of Mr. Kantrud's variance application. The Otter Tail County Board of Adjustment has scheduled a si|ecial meeting. Tail' County Commissioners' Room, for the purpose of discussing the tabled variance request of Mr. Kantrud. on Monday, June 13th, 1994 at 7 p. m. in the Otter Of particular interest to the members of the Board of Adjustment are the facts regarding the classification of Little Otter as a natural environment lake. If you should have any questions or need any additional information regarding Mr. Kantrud's variance request please feel free to contact me.Thank you very much. Sincerely, Wayne Stein County Auditor s1 1ji yi Ij '■'.Tr.€^ OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Stephen Kantrud RR#4 Box 160 Pelican Rapids, MN 56572 RE:Variance Application: Dear Mr. Kantrud, Please be advised that the Otter Tail County Board of Adjustment has scheduled a special meeting, on Monday, the' Otter Tail County Commissioners' Room, for the purpose of discussing and considering your and \.ittle Otter Lake. June 13th, 1994 at 7 p. m. in tabled application for variance on Big If you should have any questions please feel free to contact me. Thank you very much. Sincerely, UJ Wayne Stein County Auditor . =-.rrJ?' OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 June 3rd, 1994 Mr. Mark S. Stolpman, Attorney Pemberton Sorlie Sefkow Rufer & Kershner 110 Mill St. N. Fergus Falls, MN 56537 RE;Application for Variance Stephen Kantrud. Dear Mr. Stolpman, Please be advised that the Otter Tail County Board of Adjustment has scheduled a special meeting, on Monday, June 13th, 1994 at 7 p,m. in the ,\Dtter Tail County Commissioners' Room, for the purpose of discussing and considering the tabled variance request of Mr. Stephen Kantrud. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor 1 i OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 1994June 3rd, Daily Journal 914 Channing Ave. W, Fergus Falls, MN 56537 1994:Please publish the following legal notice on Thursday, June 9th, The Otter Tail County Board of Adjustment has scheduled a special meeting, on Monday, Commissioners' Room, for the purpose of discussing and considering the tabled variance request of Mr. Stephen Kantrud. June 13th, 1992 at 7 p.m. in the Otter Tail County SteinWayr^ Secretary Otter Tail County Board of Adjustment U3, \ ;;.i i ';;j ■■I 'i i! Si 151 )iI Ii I' /U 'iiT ■ V IlifiU Art-K'S. fiffdox zzo > s^^'ifA®■y -o^trv-S efJ H^' ^e 11^ A.opo si ,'f<: -\o\M ^ 1 ^ Co 1 sc ^ :s ^|(2^// S >ypAopoS€ J -|-Ae^V*^'«*\^ o^ K^o ll , 1 i 3 s hr^f^Roy^r -no«.Tk Q u ftf>ffioK- ZSd>' f/ fi 'I iI :•/ ./ /// /y" //y/ y r\i ;I i^-,,-f d^/’Aess/o/J•y ; OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the IBth, day of April, 199^ the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Kantrud, Stephen L & Jo A., Rt A Box 160, Pelican Rapids, MN 5657E Richter, Rodney, Twp Clerk of Candor, Rt 1 Box ^0, Vergas, MN 56587 Lohn, Betty, Lake Assoc, of Otter Tail, PO Box El, Battle Lake, MN 56515 Falls, MN 56537Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Terry Lejcher, DNR lEEl 1/E E. Fir Ave, Fergus Falls, MN 56537 DNR Regional Administrator, E115 Birchmont Beach Rd. NE, Bemidji, MN Town Clerk Otter Tail County Public Health Department, Courthouse, Fergus Falls, F.F. Fish and Same Club Inc., Box 5, Fergus Falls, MN 56537 56601 MN 56537 Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, Route #E, Battle Lake, MN 56515 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 5657E Randall Mann, 53E N. Ann St., Fergus Falls, MN 56537 Carl T. Johnson, R#1 Box lES, Vergas, MN 565B7 George Walter, Route #1 Box 31A, Perham, MN 56573 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. CclcL^/rik ecreta4v Dated; April 18th, 199^* c KftNTF^UD, STEPHEN L KfiNTF?UD, JO fi RR 'I BOX l£.i3 PEL ICON ROPIDS, MM U 56S7E OGRIMSON, CORDELIfi H, TRUSTEE ET 6B15 LOKE SHORE DRIVE UNIT #61£ RICHFIELD, MN 554£3 LYSENG, GEROLYN K R#1 BOX 317 VERGOS, MN 56587 ORSUND, JOMES Ul 801 SEVENTH OVENUE FORT WORTH, TX 76104 MORTINSON, DENNIS ET OL £107 £7TH OVE S FORGU, NI)58103 EUSTICE, RICHORD JR ET OL R#£ BOX 85 JONESVILLE, MN 56048 3 KRUEGER, ROBERT KRUEGER, JOYCE RR 1 BOX 30£ VERGOS, MN 56587 1 SOLOND, SIDNEY OLE RR 1 BOX 305 VERGOS, MN 56587 V-.' STOWERS, JOHN STOWERS, MORIETTO Rttl BOX 311 VLRGF-FS, MN 56587 TOMPKINS, MARY ONN 13929 SPRING LOKE RD MINNETONKO, MN 55345 /; Notice of Hearing for Variance Otter Tall County Fergus Falls, Minnesota 56537 Applicant must be present at the scheduled hearing. To Whom It May Concern: Stephen Kantrud Box 160 Pelican Rpaids, MN 56572 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivison Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on May 5th, 1994, at 9:00 p.m.. in the Commissioners' Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor's office prior to the date of the public hearing. The property concerned in the application is legally described as Government Lot 7, Fire# C3101 Section 31, Township 137, Range 41 - Township Name - Candor Lake No. 56-577/1654P, Lake Name - Big/Little Otter, Class - NE The variance requested Is: a variance of 100' from the required ordinary high water level setback of 200' for Big Otter Lake; a variance of 125' from the required ordinary high water level setback of 200' for Little Otter Lake and a variance of 25' from the required shore impact zone setback of 100' for Little Otter Lake for the construction of a new home. IP.V-/V’ 9y Board of Adjustment Secretary O Date A v.\-Aa»='i-. 'V’ xc N.:V* mwwrSdnJL v\ EST ^hudina £o. 110 E. Washington Avenue Fergus Falls, Minnesota (218) 736-2364 /^nf ^c9jr\ ^)/7 ^ i'<Q ^ - a/^n- 3/ - Osl3o -on/ o% - o on-3!' o ^30 - pan_____ /~)<L - rion - 3/ -~i -Oos <0% - pop -3i~ns^~!’\ -q<^0 C>9^,-DOO' 3/ - 01^ 01- n^O' -ASi3/ -6 0"^ ^ pot) - 3/^ qg.s/- iD<D^ ^2,-ii -no^ _______________- iOoif> D4. 'pop - - ^:s - noo ~ OOP 'T-nnO - ^ 2 -r>^ 1.9, '/y^C ■ D'^.'Oor)- -zs^ ^ ~ 00'^ 1s. •:SHORELAND MANAGEMENT OTTER TAIL COUNTY Fergus Falls, Minnesota 56537 NOTICE OF HEARING FOR CONDITIONAL USE PERMIT APPLICANT MUST BE PRESENT AT HEARING TO WHOM IT MAY CONCERN:Stephen L. Kantrud RR//4 Box 160 Pelican Rapids, MN 56572 has made application to the Otter Tail County Planning Commission for a Conditional Use Permit as per requirements of the Otter Tail County ShorelandManagement Ordinance. The Otter Tail County May 4,79_94Planning Commission will assemble for this hearing on 8:30 PPlace Commissioner's Room, Courthouse,Time.Fergus Falls, Minnesota. This notice is to advise you that you may attend the above hearing and express your views on the Conditional Use requested. The property concerned in the application is legally described as: Lake No.5(>-^Fl Sec. 31 56-1654 Lake Nnme- Big &. Little Otter Twp. 137 Range ^ 1 Twp. Name Candor Fire No. 03101NEClass GL 7, Sec. 31 THE CONDITIONAL USE REQUESTED IS: Construction of a driveway from the East side of property to a proposed building site located towards the West side or lakeside of the property. Proposed driveway would have approximate total length of 1,330'. The finished top or driving surface would be approximately 12' wide;with gently sloping ditches. The chosen route is designed to follow the natural terrain. Water runoffs or ditches would be designed to divert water away from the lake whenever possible. There will be two possible hill gradings. One at the rear of the property with a hill reduction of approximately 5'. The second, closer to the building site, with a hill reduction of approx­ imately 4'. The chosen route is designed to circumvent a huge natural depression, located to the East of the proposed building site, which is neither a wetland nor a bluff. All exposed earth will be immediately seeded with orchard grass and driving surface will be covered with gravel. . Construction will be performed by a professional contractor!,, _____________ Carl T. Johnson.April 15, 1994Dated. . Otter Tail County Planning Commission Chm. MKL -0871-011 /By.: 2219101® VICTOR L^NOeEN I; CO.. PRINTERB. FERBUS FALLS. UINN. 'j-eilo'-'j - ^ txisi' ini (<ii(^^ -i>( /e c/ A-oPfi-op<?Sf»A«.f ^ ~ /o^\q Ofi V I,flu o-du J H" •^t \ 'v l>fLof^O S e O (/) SC ^ :t "51 ! (— ^ i / i >5^ ! ’ fV/5/>Aox, — n^^TK ^ Aoy^^/L'I-y^ I S t’ ■'A//^AoX- ZSiJ'I t ni Ci A 4+M A. ft- I1d«/’Aess;oM May-^’07" 1^^. Page 2 i ' '^ ' - BID OPENING AUTHORIZED Motion by Lee, seconded Portmann and unanimously carried to authorize the Highway Engineer to, proceed with'advertising and setting the bid opening date for 1:00 p.m. on June 21, 1994 on the. Grading and Surfacing of CSM 75. DITCH SUMMARIES ,V The Highway Engineer provided an update.of progress made with regard to County Drainage Ditches Nos. 70 and 21. PLANNING COMMISSION RECOMMENDATIONS Motion by Lee, seconded Portmann 'and unanimously carried to approve the following as recommended by the Planning Commission: Conditional Use Applications: Corliss Township, Mud Lake Floyd F. Felton, Star Lake Beverly Enterprises dba Otter Tail Nursing Home, Otter Tail' Lake John Burns, Jewett Lake Warren M. Melquist, West McDonald Lake ^Stephen^L.^Kahtrud,^Otter.-Lake- (Big- &^.-Little)-. Revised^ Conditional Use Application: "Condon Shores"/John Condon, West McDonald Lake Preliminary Plats: "Leek Lake Heights"/Robert Wilson, Leek Lake "Sunset Shores"/James & Anne-Eidsvold, Clitherall Lake SUBDIVISION CONTROLS ORDINANCE ; Motion by Stone, seconded Portmann to enact a., 120 day moratorium on new splits created by metes and. bounds within shoreland areas to allow time for amendment to the Subdivision Controls Ordinance. Motion by Lee, seconded Windels and unanimously carried to table any further action on a moratorium pending further information from the Auditor with regard to metes and bounds ■ splits within shoreland areas of the county. FORGIVENESS OF PENALTY, INTEREST, ETC. Motion by Lee, seconded Portmann and unanimously carried, to deny the request of John Eidsmoe for abatement of penalty, interest and cost that has accrued due to the late payment of the payable 1991, 1992 and 1993 property tax. The total amount due as of this date is, $1,737.32 which represents $1>398. in taxes with $339.32 representing penalty, interest and cost.. LIQUOR LICENSES Motion by Stone, seconded Lee and unanimously carried to approve the following applications: Planning Commission May 4, 1994 Page 3 Discussion; Bill Kalar and Wally Senyk discussed possible amendments to the Subdivision Controls Ordinance and the possibility of a moratorium on any metes and bounds land splits being recorded before the County revises their Ordinance. See the last page for further action on this matter. Wally Senyk left (8:45). Failed;A motion by Miller, second by Zimmerman to approve the Conditional Use Application of Warren Melouist, West McDonald Lake (56-386), RD, Lots 5 & 6, Meyer 2nd Addition, Section 24, Dora Township as presented. Voting Yes; Voting No; Marker, Johnson, Miller and Zimmerman. Estes, Lachowitzer, Olson, Schwartz and Trites. John Condon indicated that he has never seen water stand on this lot (he's been on the lake for 25 years). Approved;A motion by Schwartz, second by Marker to approve the Conditional Use Application of Warren Melguist. West McDonald Lake (56-386), RD, Lots 5 & 6, Meyer 2nd Addition, Section 24, Dora Township provided retaining walls are not used and that the slopes are sodded. Marker, Johnson, Miller, Schwartz and Zimmerman. Estes, Lachowitzer, Olson and Trites. Voting Yes; Voting No; Approved;A motion by Trites, second by Lachowitzer to approve the Conditional Use Application of Stephen Kantrud. Otter Lake (Big & Little) (56-577), NE, G.L. 7, Section 31, Candor Township as presented. If the Board of Adjustment denies their variance request to construct a dwelling less than 200' from the lake, the road must stop at the building site. Voting; All members in favor. Approved;A motion by Trites, second by Olson to approve the written request of "Condon Shores"/John Condon. West McDonald Lake (56- 386), RD, Pt. G.L. 3, Section 24, Pt. G.L. 3 & Pt SEl/4 SEl/4 Section 23, Dora Township to allow the cul-de-sac to be constructed to the lotline between lots 1 & 2. road right-of-way must extend to the northerly property line. The road and the cul-de-sac must be built to County specifications, unless the Board of Adjustment approves a variance. and Conditional Use Application August 10, 1993.) The dedicated (The County Board approved their Preliminary Plat John Condon and Kevin Condon represented the request. i •V Otter Tail County Planning Commission County Court House Fergus Falls, Minnesota 56537: • ;May 6, 1994 Stephen Kantrud : R#4 Box 160 Pelican Rapids, MN 56572 RE: . Planning Commission Meeting of May 4, 1994. ; Dear Stephen Kantrud: i This is to inform you of the action taken by the Otter Tail COunty Planning Commission at their above mentioned meeting. At this meeting, the Planning Commission passed a motion to approve your Conditional Use Application to as presented. If the Board of Adjustment denies their variance request to construct a dwelling less than 200' from the lake, the road must stop at the : building site. Providing the Planning Commission did not table your Application, the County Commissioners will consider this recommendation at their May 10, 1994 meeting. ■ 1 Sincerely, r t Marsha Bowman . Acting Secretary OTCPC I OTTER TAIL COUNTY FERGUS FALLS, MINNESOTA STATE OF MINNESOTA ) )ss. COUNTY OF OTTER TAIL) I, Marsha Bowman, duly appointed and acting secretary of the Otter Tail County Planning Commission for Otter Tail County, Minnesota, do hereby certify ^ day of G-jlAuAthat on the , 1994, the attached Notice of Hearing was duly served upon the following: Public Health Director; County Sanitarian; County Auditor; Sheriff Nelson; County Highway Engineer - (Court House) and: Editor, Fergus Falls Daily Journal, Fergus Falls, MN 56537 Terry Lejcher, 1221 East Fir Ave., Fergus Falls, MN 56537 Don Reedstrom, 1221 E. Fir, Fergus Falls, MN 56537 Doug Wells, 1221 E. Fir, Fergus Falls, MN 56537 Pollution Control Agency, 116 East Front Street, Detroit Lakes, MN 56501 Planning Commission Members, Township Chairman, Lake Association and those listed on the attached sheet •.• 9 by placing a true and correct copy thereof in a sealed envelope, postage prepaid. and by depositing the same in the U.S. Mail at Fergus Falls, Minnesota, properly addressed to each of the above named at the addresses shown above. Secretary. LYSENG, GEROLYN K R#1 BOX 317 VERGflS, MN 56587. ‘ TOMPKINS, MRRY RNN; 139S9 SPRING LfiKE RD MINNETONKO, MN 55345.T KRUEGER, ROBERT KRUEGER, JOYCE RR 1 BOX 302 VERGPS, MN 56587 Alvin Rosentreter Twp. Chairman RR#1 Box 379 Vergas, MNSOLRND, SIDNEY OLE RR 1 BOX 305 VERGPS, MN 56587 56587 'JOYCE, MICHPEL D . BOOM, PPTRICIP M RR 1 BOX 311P VERGPS, MN 56587 »i- I KRRTZKE, CfiROL J COSMOS, MN 56328 PGRIMSON, CORDELIP H, TRUSTEE 6615 LPKE SHORE DRIVE UNIT #61 RICHFIELD, MN 55423KRPTZKE, RPYNOLD R#1 BOX 303 VERGPS, MN 56587 KPNTRUD, STEPHEN L KPNTRUD, JO P RR 4 BOX 160 PELICPN RPPIDS, MN 56572KRPTZKE, LEON C KRPTZKE, KPRIN J R#3 BOX 49DPELICPN RPPIDS, MN 56572 ORSUND, JPMES W 801 SEVENTH PVENUE FORT WORTH, TX 76104RICHTER, WILLIPM D .RR 2 BOX 74 GLYNDON, MN 56547 THOM, JPMES THOM, JULIPNNE R#4 BOX 136 PELICPN RPPIDS, MN 56572 MPRTINSON, DENNIS ET PL 2107 27TH PVE S FPRGO, ND 58103 EUSTICE, RICHPRD JR ET PL R#2 BOX 85fs JPNESVILLE, MN 56048 APPLICANT.- 1 ■ /99(/P.-C. WTG:'a, TWP.PLATSSEC. 31 3^ ^ (fP^D<^ra- i',do- / : : •; ,T LAND & RESOURCE LAKE PROPERTY DESCRIPTIONNAME & ADDRESSPARCEL NO NO 577 AGRHSON, CORDELIA H, TRUSTEE ET 31 137 41 34.400800031 AL 6615 LAKE SHORE DRIVE UNIT #612 LOT 6 RICIf lELD, MN 55423 577 AGRIMSON, CORDELIA H, TRUSTEE ET 31 137 41 34.4008000310230000 AL 6615 LAKE SHORE DRIVE UNIT #612 LOT 6 RICHFIELD, MN 55423 31 137 41 49.20 G.L. 7 08000310230001 577^NTRUD, STEPHEN L ^ KANTRUD, JO A RR 4 BOX 160 PELICAN RAPIDS, MN 56572 31 137 41 47.35 GL 8 EX. THAT PT OF N650' LYING E OF ROAD 0800031 577 ORS IND, JAMES W SEVENTH AVENUE ■ WORTH, TX 76104 801 FOR 31 137 41 47.35 GL 8 EX. THAT PT OF N650' LYING E OF ROAD 08000310231000 577 ORSUND, JAMES W 801 SEVENTH AVENUE FORT WORTH, TX 76104 31 137 41 38.40 LOT 1 08000310231001 THOM, JAMES THOM, JULIANNE R#4 BOX 136 PELICAN RAPIDS, MN 56572 31 137 41 1.06 PT GL 8: BEG NE COR, W150' SW ON RD 650', SE150', NE ON LK TO BEG EX TRS 08000310231002 577 MARTINSON, DENNIS ET AL 2107 2HH AVE S FARGO, ND 58103 31 137 41 .40 PT GL 8: BEG ON RD APPX 600' SWLY OF N LINE, SE183.33' NE ON LK 65', NW168.33', SW50' REC BK 373 PG 477 08000310231003 577 EUSTICE, RICHARD JR ET AL R#2 BOX 85 JANESVILLE, MN 56048 080003^31004 577 EUSfic^ RICHARD JR ET AL 31 137 41 .39 PT GL 8: BEG ON RD APPROX. 500' SWLY OF N LINE, SE 168.33', NE ON LK 35', NW182.89', SW 50' REC BK 373 PG 479 R#2 JANESVILLE, MN 56048 1 LR.DATALAND 04-14-94 OTTER TAIL COUNTY LAND & RESOURCE ■; r LAKE PARCEL no; no NAME & ADDRESS PROPERTY DESCRIPTION 080003102: 1005 577 EU!31 137 41 .40 PT GL 8: BEG ON ROAD APPROX 650' SWLY OF N LINE SE154.51' ELY ON LK 60', NW 183.33', SU50' REC BK 373 PG 475 ICE,'RICHARD JR ET AL 85RU2 JANI SVILLE, MN 56048 31 137 41 .844 PT GL 8,BG 150' WLY & APP 500'SWLY-FR NE CR;SELY182.89'NELY90' ON LK NWLYJ71.66'SWLY 52'NWLY 51.6', SWLY 65' TO BG REC BK 443 PG 477 & 479 08000310; 31006 577 EUS ICB. MCHARD JR' ET AL R#2 BoAcS; ' JAfESVILLE, MN 56048 A0800031(232000 7 41 31.63OKCE, JOHN E RF 3 BOX 158, PI LI CAN RAPIDS, MN 56572 0800031 1233000 OI^Sl^Ftoj/JAMES W TITH AVENUE FollT^WORTfi', TX 76104 31 137 41 108.27 El/2 NU1/4 AND GL 381 LYJEflG,vGERALYN K ■31 137 41 39.80 LOT 2 08000311233001 R#1 317 VER ;i(S,^N 56587 13002 577 LYS WG, GERALYN K - R#i|bOX 317 VErHas, MN . 56587 080003 1 t.-'08000310233002 577 LYSENG, GERALYN K R#1 BOX 317 VERGAS, MN 56587 0800031(234000 OKIE, JOHN E. OKI E, JUDY RR 3 BOX 158 1 PEIICAN RAPIDS, MN 56572 080003lt)235b00 31 13^ 37.43 GL 1£F Ex\ 30'OKI E; JOHN E RR 3 BOX 158PeII CAN RAPIDS, MN 56572 2 LR.DATALAND 04-14-94 OTTER TAIL COUNTY LAND & RESOURCE LAKE NAME & ADDRESS PROPERTY DESCRIPTIONPARCEL NO NO 31 137 41 40.05 S 30' OF GL 10 & ALL GL 11 080003tefi36000 577 TOt PKINS, MARY ANN 29 SPRING LAKE RD NETONKA, MN 55345 13< Mil 08000310236000 577 TOMPKINS, MARY ANN 13929 SPRING LAKE RD MINNETONKA, MN 55345 31 15JjiJ40.05 i^OFm 10 & ALL GL 11 577 KRUEGER, ROBERT KRUEGER, JOYCE RR 1 BOX 302 VERGAS, MN 56587 55 lOT 12-LIFE ESTATE TO ALBERT & D,^LdRIS SOLAND 08000310237000 ,Sf-t37^ 120.79 SW1/4 Exjs 581' & EX N 300' OF S Z&X' OF E 581' LIFE ESTAT 08000320238000 SOLAND, SIDNEY OLE RR 1 BOX 305 VERGAS, MN 56587 ALBERT & DELORIS SOLAND 0800032C ’38001 32 137 41 2 E 150' OF S 581' OF SW1/4 KI^E^R, ROBERT KRU^R, JOYCE RRlI ^X 302 VERGAS, MN 56587 32 137 41 4 N 300' OF S 881' OF E 581' OF SWl/4 0800032C 238002 SOKKNp;' SIDNEY OLE RR pfiOX 305 VERGAS) MN 56587 32 137 41 33.21 S 581' OF SW1/4 EX E 150' OF S 581' LIFE ESTATE TO ALBERT & DELORIS SOLAND 08000321 238003 KRUE^, ROBERT KRu|^, JOYCE RR \ B^ 302 VERGAS, MN 56587 32rf^1 81.26 SE>)^EX TRS0800032 1239000 FICK, GEORGE FIW, MARYANNA BOX 111 BUR INGTON, ND 58722 32 137 41 2 E 268' OF N 325' OF 0800032 1239001 SHAI NON, PATRICK BOX 309 F^S^i^R#1 VERGAS, MN 56587 3 LAND 04-14-94 LR.DATAOTTER TAIL COUNTY LAND & RESOURCE LAKE PROPERTY DESCRIPTIONNAME & ADDRESSPARCEL NO NO 32 137 41 S 700' TO 0800IR20239002 SHIELDS, DAVID W SHIELDS, TAMMY EX E 1900' & E X W 411' OF S 700', TOGETHER WITHRR 1 COM El/4 COR SLY 393' SVERGAS, MN 56587 W 1783.57' S 17 DEG E 719.44' TO BG U 411.68' SLY 208.12' E 456.37' NLY 217.33' TO BG 32 137 41 21.50 S 493' OF E 1900' OF 08000320239003 SHANNON, KELLY 0 SHANNON, DEBRA R RUM BOX 306 VERGAS, MN 56587 32 137 4V48.23 n 08000B20239004 HOFFMAN, DONNA I R#1 BOX 52 COM El/4 SEC COR BG S 60 DEG W PART SLY 3 1783.57' S 17 DEG E 936.77'VERGAS, MN 56587 E 1453.86' NLY 1773.84' TO BG 32 137 4V80 El/2 N^ LIFE/ESTATC-CORINNE KLATT 08000X0240000 KLATT, ROBERT ET AL % DONALD KLATT R#1 BOX 437 VERGAS, MN 56587 32 137 41 20 E 20 AC OF U1/2 080003i0240001 SLEEN, STEVE SLEEN, MARION R#1 BOX 310 VERGAS, MN 56587 32 137 41 60 U 60 ACS OF W1/2 08000330240002 STOWERS, JOHN STOWERS, MARIETTA R#1 BOX 311 VERGAS, MN 56587 32 137 4TH60 NW1/4 )08000320241000 JOYCE, MICHAEL D BOOM, PATRICIA M RR 1 BOX 311A VERGAS, MN 56587 34 records listed. 4 LR.DATALAND 04-14-94 OTTER TAIL COUNTY LAND & RESOURCE LAKE NAME & ADDRESSPARCEL NO NO PROPERTY DESCRIPTION "X301C001 -r 3700001 1 136 ^ «>2T5Er] SW1/4 j^/2 Wl/2 SE1/4 EX 7.5,A^1« ON S LINE 01000 LAM I, ROBERT LAM I, EVELYN RR : BOX 153 PEL CAN RAPIDS, MN 56572 3700001(002000 1 136 42 7.50 TR p S/^NE:BEG a S1/4OI0R W320' NWLY 287.5 NLY^W ELY 655.8' S485 W72' TO KG. HA(EN, KEITH A RlK I PEIICAN RAPIDS, HN 56572 3700001D003000 577 LARSON, NICHOLAS N R#1 BOX 74 1 13(6 42 118 L4 EX E 33' &El/2 El/2 W1/r^E1/4 VE :GAS, MN 56587 37000010004000 577 HO)GES, JEANETTE K RW1 BOX 280J 1 136^89.14 LOTS TRACT 18 ROS BY 18 RCyS IN NE COR LOT 3 P o BIOWNWOOD, TX 76801 1 156 42^56.74 S1/a^1/4 E OF RD & Lofs r^4 EX 2AC TR IN 3 3700001 1006000 OKKE, JOHN E OKCE, JUDY RR 3 BOX 158 56572PE.ICAN RAPIDS, MN 1 136 42 5.05 PT SWI44 NW1/4 & PT GL 4 W OF HWY Cl 370000 0006001 FL/TH, ROBERT FLI TH, JEAN RR 3 BOX 157B W1/4 COR SEC 1, N 29152' TO BG E 323.04' TO RD 1374.47', S 1331.61'PEL CAN RAPIDS, MN 56572 NW TO BG 1 136 42 2.95 PT 5^n/yNW1/4 COM W1/4 COR SEC lS^1029.52', E 323.04' TO ^ENTE^F ROAD, SLY ALONG ROAD TO 1/4 SEC LN, W TO BG 37000C10006002 PEDERSON, FARON STEMER, MICHELLE R#3 SOX 157 PEL I :AN RAPIDS, MN 56572 ;-;»364?^.85OTS 1 & 6^ E 33' OF El/237000010007000 577 KRATZKE, CAROL J COSMOS, MN 56228 8 records listed. 1 LR.DATALAND 04-14-94 OTTER TAIL COUNTY r LAND & RESOURCE V ,,C LAKE . NO ..PROPERTY DESCRIPTIONNAME & ADDRESSPARCEL no: 16000060p35000 ' ANDERSON, PAUL C AN! ERSON, MARILYN A 6 136 41 60SE1/4 SBI^ & W1/2 NE1/4 S^^4 VE RGAS, MN 56587 6 1^^^j/l60 , WI/^^'^eW El/2 SW1/416000060135001RARSTICK, DARYL ‘ H ARSTICK, SHARON R f1 BOX 71 VI RGAS, MN 56587 16000060C|35002 502 D/ HLGREN, GORDON ET AL . % VERGAS STATE BAANK BC < 67 VEIGAS, MN 56587 6 136 41 12 y' El/2 NE1/4^^/4 EX platted'”^ 6 136 41 160.31 SW1/4 NE1/4Jk'X 16000060036000 502 KRATZKE, RAYNOLD R#1 BOX 303 •OTS .1-2-3t-. VERGAS, MN 56587 16000061 037000 PFEIFFER, GALE A R#1 BOX 79 !■ VER IAS,' MN 56587 16000,0^037001' 577 KRA' zkE,, RONNIE C KRA' ZKE, NANCY E 401 6TH ST SW PErJaM, MN 56573 <^ . --• -•r i16000060037002577 KRATZKE, LEON C KRATZKE, KARIN J R#3 BOX 49D, PELICAN RAPIDS, MN 56572 6 13^1 100.13 SEl/f^1/4 & GL 7 GL 5 16000060038000 577 RICHTER, WILLIAM D RR 2 BOX 74 GLYNDON, MN 56547 8 records listed. •;' 1 OTTER TAIL COUNTY LR.DATALAND 04-14-94 I Affidavit of Pubiication COUNTY OF OTTER TAIL) STATE OF MINNESOTA ] STATE OF MINNESOTA )NOTICE OF PUBLIC HEARING ) SS Pursuant to the provisions of Minnesota Statutes 394.26 NOTICE is hereby given that a hearing will be held in the Commissioner's Room, Court House, Fergus Falls, Minnesota 'on May 4, 1994 at 7:00 p.m. for the purpose of considering the folloviring applicants: 1) Robert Wilson a Preliminary Plat of ‘Leek Lake Heights*, consisting of 3 lots, Leek lake (56-532), RO, Pt. GL 2, Sec. 16, CandorTwp. , vr •. 2) Royd F. Felton/Spruce Lodge Resort aConditional Use Application to expand hook­ ups (4-8), 2 mobile homes and 2-10' x 40' open sites. Star Lake (56-385), GD, Sections 11 & 14, Star Lake Twp. 3) Warren M. Melquist a Conditional Use Application to excavate for a walk-out base­ ment, 24' wide by 25' long, max. cut 5' taper­ing to O', W. McDonald Lake (56-366), RD, Lots 5 & 6, Meyers 2nd Addition, Sec. 24, 'Dofa'T^/' T- ' ■-■yj:---' 4) Steve Kantrud a Conditional Use Appl^) cation to constnict a 1330' long driveway, 12' wide with a max. cut of approx. 5', Big Otter (56-577), NE & Uttle Otter (56-1654), NE, GL 7, Sec. 31, Candor Twp. COUNTY OF OTTER TAIL) Gary E. Peterson, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Pelican Rapids Press, and has full knowledge of the facts which are stated below: (A) the newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 and other applicable laws, as amended.4-20-1 c (B)^the printed ^ ______________whi^h is atta^ed Ws cut the columns of said newspaper, and was printed and published once each week, for it was first published on Wednesday the day of 19 '9-^ . and was thereafter printed and published on every Wednesday to and including Wednesday, the ., and /successive weeks; day of printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 19. abcdefghijkimnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijkimnopqrstuvwxyz By:•e-Publisher Subscribed and sworn to before me on this day of 19 . / V JOANNE A. ROISUMM NOTARY PUBLIC-MINNESOTA "■I OHER TAIL COUNTYMy Commission Expires SEPT 19. 1997 | I1/Notary Public I STATE OF MINNESOTA IN DISTRICT COURTMAR - 8 1995 •L VIRGINIA A. RUSTAD SEVE NTH JUDICIAL DISTRICT COURT AOMIMSTRATOR Cour t File C9-94-1169 mrro ran MUMTY. MINN. COUNTY OF OTTER TA STEPHEN LEONARD KANTRUD and Jo ANN KANTRUD, Plaintiffs/Appellants, STIPULATION OF DISMISSALVS. OTTER TAIL COUNTY and OTTER TAIL COUNTY BOARD of ADJUSTMENT, Defendants/Respondents, The Plaintiffs/Appellants in the above-entitled action wishing to withdraw their appeal and accept tl^^ variance as approved by the ^ter Tail County Board of Adjustment, -■ y, IT IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel of record, that the above-entitled action be, and the same hereby is, in all things, together with all crossclaims, counterclaims and third-party claims, dismissed without costs to any party. IT IS FURTHER STIPULATED AND AGREED, that any parties hereto may apply to the above-named Court or any judge thereof for an order of dismissal as to all claims, withoutfi notice thereof to any other party, such notice of application for order being hereby specifically waived by all parties hereto. IT IS FURTHER STIPULATED AND AGREED, that upon the entry of judgment of dismissal in this isatt^r^ any and all exhibits now on file with the Court Administrator in this matter may be released to counsel by submitting the exhibits in each case with a receipt to be given by such counsel at the time the exhibits are released. KREKELBERG LAW FIRMDated: Char^^i^' A.^jji»^elberg / Atto^ey for Plaintiffs/Appe]^tants P.O. Box 353Pelican Rapids, MN 56572 X (218) 863-6651 / Minn. Lie. No. 5821X Wally^^Senyk, Otter'T/il^ County Atty. Attorney for Defendzmts/Respondents ORDER Upon reading and filing the above and foregoing Stipulation and pursuant to the terms thereof, IT IS HEREBY ORDERED that the above-entitled action be, and the same hereby is, in all things, together with all crossclaims, counterclaims and third-party claims, dismissed without costs to any party. IT IS FURTHER ORDERED, that upon the entry of judgment of dismissal in this matter, any and all exhibits now on file with the Court Administrator in this matter may be released to counsel submitting the exhibits in each case with a receipt to be given by such counsel at the time the exhibits are released. Dated March 8. 1995 BY THE COURT JUDGMENT Upon reading and filing the above and foregoing Stipulation and pursuant to the above Order of the District Court made pursuant to the terms thereof, IT IS HEREBY ORDERED, ADJUDGED AND DECREED by the Court that the above-entitled action be, and the same hereby is, in all things, together with all crossclaims, counterclaims and third-party claims, dismissed without costs to any party. IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED by the Court that upon the entry of this Judgment in this matter any and all exhibits now on file with the Court Administrator may be released to counsel submitting the exhibits in each case with a receipt to be given by such counsel at the time the exhibits are released. Entered: March 8. 1995 FOR THE COURT: VIRGINIA A. RUSTAD Court Administrator STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF OTTER TAIL SEVENTH JUDICIAL DISTRICT Stephen Leonard Kantrud and Jo Ann Kantrud, Appellants, NOTICE OF APPEAL vs. Otter Tail County and Otter Tail County Board of Adjustment, Respondents. TO: COUNTY OF OTTER TAIL AND OTTER TAIL COUNTY BOARD OF ADJUSTMENT: PLEASE TAKE NOTICE that the appellants, Stephen Leonard Kantrud and Jo Ann Kantrud, do hereby appeal the decision of the Otter Tail County Board of Adjustment dated June 20, 1994, copy of which is attached hereto as Exhibit A, and, request that the above District Court review and reverse the decision of the Otter Tail County Board of Adjustment and order the Otter Tail County Board of Adjustment to grant the variance requested by the appellants in their application for variance dated June 20, 1994. This appeal shall be based upon the record in this matter and such further testimony and evidence as permitterd by the District Court, permission for which testimony is hereby requested. This appeal is based upon the fact that the decision of the Otter Tail County Board of Adjustment is arbitrary, capricious, contrary to the evidence submitted and contrary to the law applicable in this matter. EKE^ERG,WILLIAMS/ NIT sork:fGER& Chd^rlos A. Krekelberg^ A^ttorneys for Appe^iiants P.O. Box 353 „/ Pelican Rapids, MN Tele: 218-863-6651 Attorney Reg # 582IX 56572 .A.4 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA !/HReceipt No. Applic3tion Fee S Phone: 218-863-8 257/8723Kan h rud StephenOwner:Leonard £.j5f Nam9 First RR 4 Box 160 56572Pelican Rapids MN Slrt»l i No Gty Zio Wo. 577 & 1654P Otter - Big & Little NELake No.Lake Name Lake Class Sec._2i Twp. ^Candor41RangeTwp. Name C.3/iJ>lLegal Description:Fire No. or Lake ID #Govt. Lot 7, Sect. 31, T137N R41W OWNER WOULD LIKE TO BE PRESENT WHEN THIS PROPERTY IS VIEWED BY BOARD MEMBERS AS THIS PARCEL IS DIFFICULT TO ACCESS AND DIFFICULT TO FIND. BRING BOOTS!!! Parcel Number 08-000-31-0230-001 VARIANCE REQUESTED IS: A variance Of 100' from Big Otter and 125' from Little Otter f romfrom the required ordinary highvater setback of 200' and a variance of 25' the required shore impact zone setback of 100' for construction of a home. A. The conditions causing a hardship on this property are two-fold: 1. The lay of the terrain dictates a very limited area that can easily be used for building and outdoor activities, without major excavations of earth, massive tree removal, and more difficult access to the lake for a site that would be further away from the water. 2. The plans and prepatory work of surveying and road building were begun when Little Otter was not regulated. The original plan would not have required any variance. After a tremendous amount of time, money and physical work was expended I have now been informed Little Otter is regulated. This recent law change has created a hardship in that I must now create a new building area and house plans to fit the terrain that will minimize the disruption of the site. The best way to accomplish this would be locating the home as the drawing indicates using the variance distances. B. This variance would secure for me the same rights that have been recently granted to others on this same lake. C. This variance would not be detrimental to neighboring properties as my home would still be over 300' away from the closest neighbor and out of their sight. In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding properly, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County, k April 11 94 flLApplication dated 19 . X 'Signature Of ApplicantT _19_^ //w C S 2 7___dDale of hearing;.' Time:M3' i Ai - F//./V aIi t.*MOTION AS FOLLOWS: Jo+4-te. cV ' a/t 3.-^I CL- gpa',/Ahje.-e. ^ d ytrskS aa j<. JlKiAii-y' Z, //d Ale'?T' i a. Hy'/C-t7J-Lac/ar*ji. Chairman Otter Tail County Board of Adjustment YESPermit(s) from Land & Resource Manag^eni required: ’ ' {Oate/tnitiai) NO mailed copy of Application (o Applicant. MKL — 0483-001 1M - I in fMQue r O n e C.,S cdI A/1 /< <1.ISLO' ^--------- f ■ •...f•"v.riv t U\ o - c:_)/! 'a vv f^ A.O p O s7,- 7< /.X / \o \ ■Jc' w f-r ~' q; s,. C N\V/r>;V I\ x\J j!p/lopoS <? s 0 Q -|-A.C^\ O K 11 ^C <0 \V (^ rFf< ox - ~ i'\o a 1 f^ao( Q ]f^■« A,/'r\ I A Vr'//,/ i '■•’Mi; n 4+m/i A' I > d tffi-azs'iolO// Ii:June 13th, 1994 Pa(^ 1 V MINUTES OF THE SPECIAL MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT June 13th, 1994 The Otter Tail County Board of Adjustment met Thursday. June 13th, 1994, with the following persons in attendance; Craig Anderson Ceci l Fern ling Carl Johnson Randall Mann George Walter Bill Kalar, Land and Resource Management Wally Senyk, County Attorney Terry Lejcher, Department of Natural Resources CALL TO ORDER - The meeting Vv'as called to order at 7:00 p.m. by Chairman George Walter. The following variance request was heard: Stephen Kantrud - Approved From the meeting of May 5th, 1994. Stephen Kantrud. Pelican Rapids, MN, requested a variance of 100' from the required ordinary high water level setback of 200' for Big Otter Lake; a variance of 125' from the required ordinary high water level setback of 200' for Little Otter Lake and a variance of 25' from the required shore impact zone setback of 100' for Little Otter Lake for the construction of a new home, The property is described as Government Lot 7, Section 31 of Candor Township on Big and Little Otter Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by Craig Anderson and unanimously carried, to table the variance request until the June 2nd, 1994 meeting to allow an opportunity for more of the board members to view the applicant's property. From the meeting of June 2nd, 1994. The applicant was represented at the June 2nd, 1994 hearing by Mark Stolpman, Attorney. After much discussion and consideration, motion was made by Cecil Femling, seconded by Craig Anderson and unanimously carried, to table the variance request until a meeting can be scheduled with Terry Lejcher, Area Hydrologist with the Department of Natural Resources. The meeting was tentatively scheduled for June 9th, 1994 at 6 p.m. From the meeting of June 13th, 1994. The Otter Tail County Board of Adjustment held a special meeting on Monday June 13th, 1994, to consider Stephen Kantrud's application for variance. Mr, Kantrud was represented at the hearing by attorney Mark Stolpman. Much of the discussion centered around the classification and reouiation of what is known as Little Otter Lake. y‘- $June 13th, 1994 Page 2rr En.Bill Kalar, Land and Resource Director, explained the history of the classification and regulation of Little Otter Lake. Mr. Kalar also addressed the various permits and variances that have been requested and/or granted on Little Otter Lake. Terry Lejcher, Area Hydrologist with the Department of Natural Resources, explained the role of the Department of Natural Resources in the classification of lakes. Mr. Lejcher indicated that Mr. Kalar’s explanation of the classification of Little Otter Lake was accurate and correct to the best of his knowledge. Mr. Lejcher indicated as did Mr. Kalar that as a result of a requested lake survey it has been determined that Little Otter and Big Otter are one lake basin. Mr. Lejcher indicated the criteria and materials used to classify the various lake basins in Otter Tail County, Mr, Lejcher indicated that he had not veiwed the property in the variance application, but it was his opinion that on such a large parcel there are probably many alternative building sites that would meet the required setbacks. Mr. Lejcher also addressed the hardship requirements as defined in the ordinance. Wally Senyk, County Attorney, stated that the ordinance does provide for the possibility that lake classifications may change. Mark Stolpman, Attorney for Mr, Stephen Kantrud, addressed the various building setbacks of the existing 8 structures on Little and Big Otter Lake. Mr. Stolpman explained the reasons why they felt the variance should be granted. Mr, Stolpman indicated that Mr, Kantrud did everything that was reasonably possible to assure that he was complying with all the necessary requirements. Mr. Stolpman addressed the uniqueness of Mr. Kantrud's request and indicated that the granting of his variance request would not establish a precedent as no other applicant would have the uniqueness of Mr, Kantrud's request. Mr, Stolpman stated the hardships that Mr, Kantrud has incurred due to the change in the lake classification. After discussion and consideration, motion was made by Randall Mann, seconded by Cecil Femling and carried with Carl Johnson voting no, to approve a variance of O' from the required ordinary high water level setback of 200' for Big Otter Lake and a variance of 75' from the required ordinary high water level setback of 200’ for Little Otter Lake for the construction of a dwelling setback 200' from Big Otter and setback 125' from Little Otter. Hardship being the terrain and topography of the point area where the proposed dwelling is to be constructed, A variance is being granted due to the uniqueness of the facts surrounding the variance request. It was noted that Mr. Kantrud in his original plans relied on properly provided information and incurred considerable cost in the construction of a road etc.. but due to the recent change in the classification of Little Otter Lake Mr. Kanturd was unable to proceed with his original plan to consrtuct a dwelling 200' back from Big Otter Lake due to the terrain and topography of the proposed construction area and the setback requirements from Little Otter that resulted from the lake reclassification. It was the Board’s opinion that no variance should be granted on Big Otter Lake since the classification of Big Otter Lake has never been in question. It was also the opinion of the Board that granting a variance of 75' from the required 200' setback on Little Otter would provide a reasonable use of the property for the applicant. With no further business. Chairman Walter declared the meeting adjourned at 8:54 p.m. Wayne Steftn. Secretary ; OTTER TAIL COUNTY Office of the County Auditor 121 W. Junius i: Fergus Falls, MN 56537 WAYNE STEIN County Auditor Phone 218-739-2271 V I I May 1 1th, 1994i rf Mr, Stephen Kantrud RR4 Box 160 Pelican Rapids, MN 56572 I; 'i Dear Mr. Kantrud, 1 Your variance request which was tabled at the May 5th, 1994, meeting has been schedule for the June 2nd, 1994 meeting. I have enclosed a copy of the agenda for your information. :■ i If this date and time is not convenient or if you no longer require a variance please contact this office prior to the date of the hearing, if you Should have any questions please feel free to contact me. Thank you very much.I r sincerely, V7ayne Stein County Auditor June 2nd, 1QQ4 Page 7 Stephen Kantrud - Tabled Stephen Kantrud, Pelican Rapids, MN, requested a variance of 100' from the required ordinary high water level setback of 200' for Big Otter Lake; a variance of 125' from the required ordinary high water level setback of 200' for Little Otter Lake and a variance of 25' from the required shore impact zone setback of 100’ for Little Otter Lake for the construction of a new home. The property is described as Government Lot 7, Section 31 of Candor Township on Big and Little Otter Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by Craig Anderson and unanimously carried, to table the variance request until the June 2nd, 1994 meeting to allow an opportunity for more of the board members to view the applicant's property. The applicant was represented at the hearing by Mark Stolpman, Attorney. After much discussion and consideration, motion was made by Cecil Femling, seconded by Craig Anderson and unanimously carried, to table the variance request until a meeting can be schei^uled with Terry Lejcher, Area Hydrologist with the Department of Natural Resources. The meeting was tent^ively scheduled for June 9th, 1994 at 6 p.m. Duane Aune - May 5th, 1994 Variance Hearing. The Board of Adjustment discussed briefly for office clarification purposes their understanding of the information presented at the May 5th, 1994 meeting. Pre-Application Hearing - Allen Floyd Chase It was the general consent of the Board of Adjustment that they would consider approving variances for cabins one and two if the remodeling projects and the additions to these two cabins were substantially the same as the remodeling projects and additions that were approved for cabins 3, 4 and 5 at the March 24th, 1994 Board of Adjustment hearing. With no further business. Chairman Walter declared the meeting adjourned at 11 ;30 p.m. Wayne Steitjiy^ Secretary May 5th, 1994 Page 7 The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Craig Anderson and carried with Carl Johnson voting no, to deny the variance as request as no adequate hardship had been shown and a reasonable use of the property does exist without the granting of a variance, Donald Magnuson - Approved Donald Magnuson, Henning, MN, requested a varia'nce of 8’ from the required road right-of-way setback of 20' and a variance of 4' from the required side lot line setback of 1 O' for the construction of a 20' by 52' structure 12' from the road right-of-way and 6' from the side lot line. The property is described as Lot 8, Murgala's Beach, West Battle Lake in Girard Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Carl Johnson, seconded by Craig Anderson and unanimously carried, to approve a 2' variance from the required side lot line setback of 1 O' and a 4' variance from the required road right-of-way setback of 20' for the construction of a 20' by 48' structure 8' from the side lot line and 16' from the road right-of-way with the condition that two existing sheds be removed. Stephen Kantrud - Tabled Stephen Kantrud, Pelican Rapids, MN, requested a variance of 100' from the required ordinary high water level setback of 200' for Big Otter Lake; a variance of 125' from the required ordinary high water level setback of 200' for Little Otter Lake and a variance of 25' from the required shore impact zone setback of 100' for Little Otter Lake for the construction of a new home. The property is described as Government Lot 7, Section 31 of Candor Township on Big and Little Otter Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by Craig Anderson and unanimously carried, to table the variance request until the June meeting to allow an opportunity for more of the board members to view the applicant's property. Raymond Kassahn - Approved Raymond Kassahn, Fergus Palis, MN, on behalf of Edward Lange, Battle Lake, MN, and Richard Schillewaert, Monticello, MN, requested a variance of 50' from the required ordinary high water level setback of 100', The property is described as Lots i 3 and 1 4, Oakwood Beach, Silver Lake in Everts Township. The chairman of Hobart Township had called tns office to state that the Hobart Town Board is opposed to the granting of the variance request. The audience v/as polled with no one speaking for or against the request. After consjderation, motion was made by Craig Ancerson, seconded by John Everts and unanimously carried, to approve a building line setback no closer to the ordinary high water level than the green cottage two lots to the north. The setback distance is to be determined by the Land and Resource office. Daniel C. Biewer - Denied/Approved Daniel C. Biewer, V/ahpeton, r-D, requested a variance of 25' from the required ordinary high water level setback of 100' for a 1 O' by 40' addition to an existing structure 75' from the ordinary high water level and a variance of approximately 10 from the required ordinary high water level setback of 100' for a proposed garage/guest house approximately 90' from the ordinary high water level. The property is described as Lot 1 1, Block 1, Tradwell Woodland Addition, East Lost Lake in Sverdrup Township. The audience was polled with Henry Smith speaking to the request. Letters from Henry and Delores Smith, Rolan Porter, Robert Wieland, Elizabeth Brown, Michael and Catherine Papadakos and Roy Hall opposing the granting of the variance request May 5th, 1 994 Page 8 were read for the record. After consideration, motion was made by John Everts, seconded by Cecil Femling and unanimously carried, to deny a variance of 25' from the required ordinary high water level setback of 100' for a 1 O' by 40' addition to an existing structure 75' from the ordinary high water level as no adequate hardship had been shown. After additional discussion and consideration, motion was made by Carl Johnson, seconded by John Everts and unanimously carried, to table action until the May 5th, 1994 meeting on the variance of 1 O' from the required ordinary high water level setback of 100' for a proposed garage 90' from the ordinary high water level, At the May 5th, 1994 meeting the audience was polled with Melvin Porter and Henry Smith speaking to the request, A letter from Henry and Delores Smith opposing the granting of the variance request was read for the record, After additional consideration, motion was made by Craig Anderson, seconded by John Everts and carried with Carl Johnson voting no, to approve a variance of approximately 1 O' from the required ordinary high water level setback of 100’ for the construction of a garage approximately 90' from the ordinary high water level. Magnus 0. Foss, Jr. - Approved Magnus 0, Foss, Jr., Fargo, ND, requested the following variances for an addition to an existing dwelling: 1 ,)a variance of approximately 50' from the required ordinary high water level setback of 75'; 2.)a variance of approximately 13' from the required shore impact zone setback of 37.5'; and, 3.) a 20' variance into the toe of the bluff. The applicant also request a 1 O' variance from the required road right-of-way setback of 20' for the construction of a 24' by 33’ garage 1 O' from the road right-of-way. The property is described as Lots 19, 20 and 21, Pelican Lake Park, Pelican Lake in Dunn Township. The applicant was represented at the hearing by his son. The audience was polled with no one speaking for or against the request. A letter from Amos and Lois Hutchinson was read for the record. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to table the request until the May 5th, 1994 meeting for additional study and information regarding the amount of excavation that may be necessary for the proposed construction. After additional consideration at the May 5th, 1 994 meeting, motion was made by Craig Anderson, seconded by Randall Mann to approve as stated in the plan being presented by the applicant. After additional discussion, motion was made by George Walter, seconded by John Everts to amend the previous motion and required that the 1 O' by 27' addition included in the applicant's plan be removed as it was not a part of the discussion that took place between the Land and Resource staff and the applicant on site prior to the hearing. After additional discussion and consideration both the original motion and the amended motion were withdrawn. After additional di:5Cussion and consideration, motion was mace by Craig Anderson, seconded by Randall Mann and carried with Cecil Femling and George Walter voting no. ic approve the plan as submitted by the applicant at the May 5th, i 994 hearing with the condition that additional dry wells must be installed to handle all additional run off. Robert D. Fagen - Tabled Robert D, Fagen, Montevideo, MH, requested : variance of approximately 37.5' from the reauired ordinary nigh water level setback of 75' and a variance from the shore impact zone setback for an ecdition to an existing eiructure. The oroperty is described as pan. of Government Lot 3, Section 2 of Dead Lake Township on Marion Lake. The audience was polled with Elise anc Stanley Dahl expressing concerns regarding the common property line and the location of Robert Fagen's existing structure. After discussion and consideration, motion was made by Craig Anderson, seconded by Carl Johnson and unanimously carried, to table this request until the July 7th, 1994 meeting for additional information regarding the establishment of the property line and for information regarding the present location of ihe existing structure.