HomeMy WebLinkAbout37000090050001_Variances_07-14-1994“^nly'SWr^v/ 764284
lh««byo«lMytt»tm.wHhlnin«Ty<n«rtwastlM APPLICATION FOR VARIANCE
FROM
TTER TAIL COUNTY, MINNESOTA
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Application Fee $
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.2'/-OfO-<P9- 6050-00/Parcel Number
VARIANCE REQUESTED IS:
This variance is requested to sell a lot of smaller than standard size to
Loretel Systems, Inc. to house a remote electronic equipment building. This
is considered a utility building, and will be unattended. Loretel Systems, Inc.
plans to locate a prefabricated building on this site. The proposed building
will be 12'xl6'xll' high and will be very similar to the attached photograph.
Our request is that this variance be approved because of the limited use that
the utility would have and because this size lot more than suits the needs of
the utility's applications. This use of the land will not have an adverse
effect on the surrounding land use. The lot located along the county highway
will allow easy access by the telephone company.
Attached is a sketch showing the proposed lot size and location.This location
is required as part of Loretel Systems, Inc. complete upgrade of the digital
switching system for its Pelican Rapids exchange. The new switching equipment
will provide new and improved services,to the residents of this area.Se4l 0- p\^L€ 0-^ SKO-Uer-^Kan 2,sac w/otyl
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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. ^
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Application dated 19U±X£.
Signature Of Applicant
i inDate of hearing:Time:19 M
MOTION AS FOLLOWS:
•rfoctuv. Johnson, to
■ 'Tub'i^V'd?' - f.c c'.to* .itrrs'tr.an 2.-5 acrs* ;or the p:.;rpose of erecting and m&tntalning aminfittended,'
pfcfauriCatcd utnlty bulldmy With the condition that this parcel will not be used for residential development.
!-’ lease note: It was mentioned the following day that the subdivision controls ordinance does contain an
exemption from the 2.5 acre requirement when the division of the property is for the purposes of conveyance
to a public utility. The applicant will receive a full refund of their variance application fee.
Chairman
Otter Tail County Board of AdjustmentyPermlt(s) from Land & Resource Management required:YES___NO
Thylqc/mailed copy of Application to Applicant.(Date/Initial)
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July Hth, 1994
Page 5
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Norman A. and Josephine 5. Ruud - Approved
Norman A, and Josephine B. Ruud, Pelican Rapids. MN, requested a variance to subdivide a parcel of less than
2.5 acres. The parcel will be approximately 50’ by 100'. The applicant will provide a registered surveyor's
drawing. The property is described as part of Government Lot 2, Section 9 of Lida Township on Rush Lizzie
Lake. The audience was polled with no one speaking for or against the request. After consideration, motionjwas
made by Carl Johnson, seconded by Cecil Femling and unanimously carried, to approve a variance to subdivide a
parcel of less than 2.5 acres for the purpose of erecting and maintaining an unattended, prefabricated utility
building with the condition that this parcel will not be used for residential development.
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I.;Please note: It was mentioned the following day that the subdivision controls ordinance does contain an
exemption from the 2.5 acre requirement when the division of the property is for the purposes of conveyance
to a public utility. The applicant will receive a full refund of their variance application fee.
Gordon E. Rustad - Approved
Gordon E. Rustad, Moorhead, MN, requested a variance of 5' from the required side lot line setback of 10' arid a
variance of 1' from the required 10' drain field setback from a non-dwelling structure for the construction of
a 16' by 24' garage 5’ from the side lot line and 9' from the drain field. The structure will be 26' from the
road and 14' from the septic tank. The property is described as Lot 26, 2nd Addition to Broadwater Beach,
Pelican Lake in Dunn Township. The audience was polled with no one speaking for or against the request. After
consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to
approve a variance of 5' from the required side lot line setback of 10' and a 1' variance from the required 1 O'
drain field setback from a non-dwelling structure for the construction of a 16' by 24' garage starting 5' from
the tree and extending 24' towards the road and being 9' from the drain field and 5’ from the side lot line. ;
Hardship being a substandard lot of record and the curve in the road past the applicant's property. It should be
noted that adequate area exist for the maintenance of the drain field.
Cecil H. Poss - Denied
Cecil H. Poss. Pelican Rapids, MN, requested a variance to subdivide a parcel of less than 2.5 acres from an
existing parcel. The property is described as Government Lot 5, part of Government Lot 6, Government Lot 7
and part of the oW 1/4NE1/4, Section 51 of Dunn Township on Lake Lizzie. Stephen Kantrud, Realtor,
appeared along v/ith the applicant at the hearing. The audience was polled with no one speaking for or against
the request. After consideration, motion was made by Craig Anderson, seconded by John Everts and carried',
with Carl Johnson voting no, to table the variance request until the July 14th, 1994, meeting to allow the
applicant an opportunity to discuss with county staff the concerns expressed by the County Attorney's office at
the hearing. Mr. Stephen Kantrud represented the applicant at the July 14th, 1994 hearing. The audience was
polled with the potential purchasers of this property speaking to the variance request. Wally Senyk, County
.Attorney, informed the board members of a meeting held with Mr. Kantrud earlier in the week. After
consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to de.ny
the variance as requested as no adequate hardship had been shown.
s!■
X July Mth. 1994
Page 6ii
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Stan T. Hippe - Tabled
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Stan T. Hippe. Sioux Falls, SD, requested a variance of 1 1‘ from the required ordinary high water level setback
of 100' for the conversion of a deck into a screened-in porch 89' from the ordinary high water level. The
property is described as Lot 26. Crystal Beach, Clitherall Lake in Clitherall Township. The applicant was
represented at the hearing by Mrs. George Gunderson. The audience was polled with no one speaking for or
against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femlingand
unanimously carried to table the variance request until the July 14th, 1994, meeting for ajditional
information. The applicant was not present at the July 14th, 1994, meeting. After oonsideration motion was
made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to table the rajuest until the
August 11th, 1994, meeting.
With no further business. Chairman Walter declared the meeting adjourned.
Wav'ne Sti^, Secretary
my
Hellerud & Larson
Attorneys at Law
12 EAST THIRD AVENUE
P. O. BOX 228
ADA, MINNESOTA 56510
(218) 784-7316
Fax (218) 784-7318
MARK R. HELLERUD ‘
REGINA A. LARSON LEGAL ASSISTANT
BONNIE JENSEN
November 1, 1994
Mr. Timothy Griep
Assistant Administrator
Land & Resource Management
County of Otter Tail
Otter Tail County Courthouse
121 Junius Avenue
Fergus Falls, MN 56537
RE: Norman A and Josephine B. Deed
Variance Request
Dear Mr. Griep:
Enclosed please find your affidavit in reference to the above
matter.to my office in the enclosed self addressed stamped envelope.
Thank you for your assistance.
Please sign it in front of a notary public and return it
Sincerely,
Hellerud & Larson
Regina A. Larson
RAL/jm
enc.
A2647.MH7
* Licensed and representing clients In Minnesota and North Dakota.
AFFIDAVIT TIMOTHY GRIEF
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL)
' » . .Timothy Griep, being first duly sworn on oath states and
alleges as follows:
That I am the Assistant Administrator in the Land and1.
Resource Management office in the County of Ot^er Tail, Fergus
Falls, Minnesota and have personal knowledge of the facts herein.
That of record in my office is an original of a document
entitled Application for Variance from Otter Tail County,
Minnesota. ' This document is dated June 13, 1994.
This document is a variance request from Norman and
Josephine Ruud for a variance to sell a lot smaller than standard
size to Loretel Systems, Inc. on Rush Lizzie Lake located in
Section 9, Township 136 North, Range 42 West in the Township of
That I have thoroughly reviewed said document for the
purposes of determining the nature and outcome of the variance
request.
2.
i:'
3.
Lida.
I have found that said document constitutes an approval
of the variance request.
That page five of the minutes of the hearing dated July
14, 1994 (attached here to and incorporated by reference as Exhibit
' •
A), reflects that a motion was made by Carl Johnson, seconded by
Cecil Femling and unanimously carried to approve the variance to
subdivide a parcel , of less than 2.5 acres for the purpose of
erecting and maintaining an unattended, prefabricated utility
building with the condition that this parcel will not be used for
4.
-i
5.
■1
!
residential development. The property in question was described as
part of Government Lot 2, Section 9 of Lida Township on Rush Lizzie
/Lake.
That said minutes reflect that it was mentioned the6.
following day that the subdivision control ordinance does contain
an exception from the 2.5 acre requirement when the division of the
property is for the purposes of conveyance to a public utility.
That under the terms of the subdivision control ordinance7.
the applicants did not need to even apply for a variance and have
subsequently received a full refund of their variance application
fee.
This affidavit is made for the purposes of establishing
that while the applicants were at the meeting and did receive their
variance, they did not need the variance, according to the terms of
8.
the subdivision control ordinance.
Further affiant sayeth not.
Timothy G^ep
Subscribed and sworn to before me this
November, 1994
day of
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