HomeMy WebLinkAbout37000290154003_Variances_10-06-1988APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA Receipt No.
25.00Application Fee $
Edward J.Phonp: 216-863-1531 (863-5839)irrr.RKgOwner:MiddleFirstLest Name
(Wa. itiway ”9**NTth Jjaplda,
City
Bax 326 --^572
Zip No.
Ml ■nwflat.a
StateStreet & No.
56-7U7 "LIDl"Lake Class Q DLake NameLake No.
U213629 UdftTwp. NameRangeTwp.Sac.
29 136 U2 .1*
PT Lat 3. Bee U0< S af SW Car SL A, E
2I6> Ta Lake SLI li5S SW 230', V !§«•
Ta Bee»
Legal Description:Fire No.
Parcel Number
Resurae af reaeana Tar j^rivac^ fence an aur pra^erbjt
State Hiehway " 108" la just I6 ft. -more ar leas^fran
jirajeasad fence.
Explain your request:
(I) Reduce Halaa
Gravel Trail,aff Hiehway " I§6, aervine "Viklae ^aart” is
only 8 Ft. from pro^^osed fence,
(3) Personal Safety We need a barrier botwien otirselves, the quests and traffic,on # I08 ani /ra'/el frail.
Privacy On Fai:-1]..7 Livin ; With auvirotr ao,i..l ii'affic ao close it vjill
hcl^. some to kee^ personal activities free fram autside influences. Unwanted
imtnisiens by neiehbers, resert patrons and the e«neral public wha use the
eravel trail twenty-feur Itura a day.
(5) Outdaar Llvine Wa expect to do most af aur autdeor liriae in this area
within the prapased fence. With severe limited apace as mated,
is KS.““***
(2) Dust Central
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICIANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
I understand that I have applied tor a variance from the requirements of the Shoreland Management Ordinance ot Otter Tall County.
I understand I must contact my township in order to determine whether or not any additional variances and/or permits are required
by the township for my proposed project. ^.
88August 10,19.Application dated.ig^ature of Applicant
—DO NOT USE SPACE BELOW—
19.Tima M.Data of hearing
Court House, Fergus Falls, MN. 56537
19____Wirn THE FOLLOWINGday of.DEVIATION APPROVED this_____
(OR ATTACHED) REQUIREMENTS:
W^uthdAown by appLicant.
Flecu,e At^und thziA $10.00 AncoKcilng ize..
you have any quutcom, please contact oufi oi^^tcc.
'^yHauha Boman
OUlcc UanagcA
Land S Rzaoua.cc Ugt.
Signature:
Chairman
Otter Tail Board of AdjustmentMKL 0483 - 001
231310 — VIclor Lundaan Co . Printari, Fargus Falla, Minnaaoia
APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA Receipt No.
25.00Application Fee $
Sdward J.Phone: 218.863-1531 (863«5839)Owner:MiddleFirstLast Name
fMn- ihway »9**N«rt.h
City
B»3C 326 SML-fiSJEidfl*—-MlttZlflfiSjLA'state 5^57^Ztp'NoStreet & No.
56-7U7 HT.TnA »Lake Class 0 D LakeLake NameLake No.
136 U229 LidacTwp. NameRangeTwp.Sec.
29 136 U2 .U
FT Let 3. Bee liO' S et Shi Cer SL k, £
218* Te Lake SLI 145', SW 230', N lii*
To Bee*
Legal Description:Fire No.
Parcel Number
Resume of z*easeB& for privacy fence on eur prepeirbyt
State Hiehway " 108” is Just I6 ft. -more or less,from
proposed fence*
Gravel Trails off Hiehway ” I§8, servine "Vikine ^sort" Is
only 8 Ft, from proposed fence,
(3) Personal Safety We need a barrier betw.-ien ourselves, the j^uosts and traffic,
on State ;-Ii;ihvjay # I08 and jravel Trail,
(U) Privacy On Fairdly Livin:; With environwental iioud traffic so close it will
help soma to keep personal activities free frem eutside influences. Unwanted
intrusions by neighbors, resort patrons and the general public who use the
gravel trail twenty-four Magarm a day*
Explain your request:
(I) Reduce Nolne
(2) Dust Control
/
(5) Outdoor Living Wo expect to do most of our outdoor living in this areawithin the proposed fence. With severe limited space as noted.
In order to property evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICI ANT 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 Tall County.
I understand I must contact my township In order to determine whether or not any additional variances and/or permits are required
by the township for my proposed project. ^.
88August 10,Application dated 19.
igftsiure of Applicant
—DO NOT USE SPACE BELOW—
19.Time M.Date of hearing
Court House, Fergus Falls, MN. 56537
19____WITH THE FOLLOWINGday oLDEVIATION APPROVED this_____
(OR ATTACHED) REOUIREMENTS:
Sept. 1, 1988, Tabled for further information.
Signaturn:
Chairman
Otter Tail Board of AdjustmentMKL 0483 - 001
231.616 — Victor Lundom Co.. Printors. Fergus Foils. Minnesota
feet/inches GRID PLOT PLAN SKETCHING FORMScale: Each grid equals I” X
1i9_aaDated: Au list 10 IXSigMture.II IPlease sketch your lot indicating setbacks from road right-of-way, lake and side^ d for each building currandy
on lot and any proposed structures. ^ i ! ' I
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Measi.iremqnts -Aaquestadj Actual Bistanc^ of fron Hoad—8 Ft (i>hown Qd Priati:)! i ; ! j
Actua.1 Distance ef J*9nce te Lake Shere UZ Ft»(0a Primt)
Distance ef fad Cabla (BarteM) te Feaoe ( PrLit l)atalla|) I
^tual Dlatance ef "Bartcas" cto Prlraoe Fense (33 I>) i ■ , I '
Distance ef "Last Cal>ln" tShown ef Print) 18”' te
Actual Dlst^ee te ’’Bartens" Duellingi S.S»Cerner ef the Deeliins te N.¥. earner ef Fence la I4D Ft^ ! ! !
Distance ef ear Nerth ^repalrtjf Line la 25 Pt»
(Dwelllne Is en the west side ef reeh. Feed*(Dwalllmste Lake la ehstructed hj hlaewn' Calilh/ M M ' I
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f'feet/inchesScale: Each grid equals GRID PLOT PLAN SKETCHING FORM
19Dated;
Signature
Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently
on lot and any proposed structures.
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215987®MKL-0871-029 vicToe LuNoecN eo.. minteks. Feesut falls, uin
Sheet 1 of 2 Sheets
rSin INC._JSSOGIATEERMIT Tl . BJORGU
LAND SURVEYORS
P.O. Box 424, Fergus Falls, Minnesota
LIDA CARTWAYS
Exhibit B
C-812
A 33.00 foot Easement for Cartway purposes over and across part of Sections
33 and 34 of Township 136 North, Range 42 West, Otter Tail County,
^ Minnesota. The centerline of said Easement is described as follows:
Beginning at the Southwest corner of said Section 34; thence northerly
along the West line of said Section 34 to the southerly Right of Way line
of State Highway Number 108 and said centerline there terminating.
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>
C-800
A 33.00 foot Easement for Cartway purposes over and across part of Sections
X 35 and 36 of Township 136 North, Range 42 West, Otter Tail County,
Minnesota. The centerline of said Easement is described as follows:
Beginning at the West Quarter Section corner of said Section 36; thence
southerly along the West line of said Section 36 to the Northerly Right
of Way line of State Highway Number 108 and said centerline there
terminating.
C-1268
A 33.00 foot Easement for Cartway purposes over and across part of Section
29, Township 136 North, Range 42 West, Otter Tail County, Minnesota. The
centerline of said Easement is described as follows:
Beginning at a point on the East-West Quarter Section line of said
Section 29 distant approximately 1800 feet east of the West Quarter
Section corner of said Section 29; thence southerly across part of the
South Half of said Section 29 approximately 400 feet and said centerline
there terminating.
\
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C-1238
A 33.00 foot Easement for Cartway purposes over and across part of Sections
12 and 25 of Township 136 North, Range 42 West, Otter Tail County,
Minnesota. The centerline of said Easement is described as follows:
Beginning at the Southeast corner of said Section 25; thence northerly
along the East line of said Section 25 to the East Quarter Section corner
of said Section 25 and said centerline there terminating.
Together with that part thereof the centerline of which is described as
follows:
^ Beginning at the Southeast corner of said Section 12; thence northerly
^ along the East line of said Section 12 to the Southerly Right of Way line
of County Road Number 4 and said centerline,there terminating.
C-726
1
'Y
i
i A 33.00 foot Easement for Cartway purposes over and across part of Section
^ 18,Township 136 North, Range 42 West, Otter Tail County, Minnesota. The
'Y centerline of said Easement is described as follows:
Beginning at the Southwest corner of the Southeast Quarter of the
Southeast Quarter of said Section 18; thence northerly along the VJest
line of said Southeast Quarter of the Southeast Quarter to the Northwest
' f Kr' f ! r f /•;i’•7
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EASEMENT
day of ^, 197_^ ,by and between MILDRED FRENCH and WAYNE FRENCH, of Harrisburg, South Dakota, hereinafter referred_.to as the parties of tHe first part, and
VIRGINIA DINGMAN, GEORGE DINGMAN, SR., and GEOReOlN'GMN, JR
Lanesboro, Minnesota, and of Thurman, Iowa, hereinafter referred to as the parties of the second
part, for themselves, their heirs and assigns, witnesseth:
This grant made thisf
' ?
A,:of• »fl
Whereas the parties of the first part are the owners of the real
property described as:
A portion of Government Lot Three (3) of Section
Twenty Nine (29), in Township One Hundred Thirty
Six (136) North of Range Forty Two (42) West,
Described as follows: Beginning at a Point 40
Feet Due South of the Southwest Corner of Sublot
"A” of Said Lot Three (3); Thence East 186 Feet
to the Mean High Water Level Line of Lake Lida;
Thence Southerly on the Mean High Water Line 52
Feet; Thence South 74*33’ West 207.5 Feet; Thence North 100 Feet to the Point of Beginning, in the
County of Ottertail, State of Minnesota,
hereinafter described as the "Triangle"; and
Whereas thb parties of the first part are thS owners of the real
property described as:
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hereinafter described as the "French Lot"; and
Whereas Virginia Dingman, George Dingman, Sr.j and George Dingman,
Jr., parties of the second part are the owners of the real property
described as:
hereinafter described as the "Dingman Cottage"; and
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Whereas the parties of the second part are the owners of the real
piriu'rly described as:
A portion of Lot Three (3) of Section Twenty Nine
(29), Township One Hundred Thirty Six (136) North
of Range Forty Two (42) West, Described as Follows:
Beginning at a point 140 Feet South of the Southwest
Corner of Sublot "A" of Said Lot Three (3); Thence
North 74*30' East 108.5 Feet to the South Line of
State Highway 108; Thence Southeasterly 17 Feet
Along the South Line of the Said Highway; Thence South 34*54' West 150 Feet; Thence Nortn 16*09'West 110.5 Feet to the Point of Beginning, In The
County of Ottertail, State of Minnesota,
hereinafter referred to as "Hills Resort"; and
Whereas the parties of the second part desire to construct a sewer
line from the septic tank in the "Dingman Cottage" to Hills Resort";
Now Therefore, the parties of the first part grant unto the parties
of the second part, an Easement to construct and maintain a sewer line from the "Dingman Cottage" to "Hills Resort", said line to run over and
across the part of their real property known as the "Triangle,"
In consideration for the granting of this Easement, the parties of
the second part grant unto the parties of the first part the right to
connect the sewer system, of the French Cottage, located on the "Triangle"
to the new septic tank, which is to be dug on the "Dingman Cottage";
econa'■ part" graunto the parties of the first part the right at any time hereafter to
connect sewer systems on the "Triangle" and the "French Lot" to the
septic tank on the "Dingman Cottage".
In witness whereof, the parties hereto have hereunto set tlieir hands
and seals the day and year first written above.
I
(SEAL)
7 7/(SEAL]
(SEAL]
—> (SEAL]
t/(seal;
(seal;
(SEAL
STATE OF MINNESOTA )
SS
COUNTY OF OTTERTAIL )
, 7 day of > 197S~ , before me
personally appeared Mildred French, Wayne French, Virginia Dingman,
On this >(7
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\
George Dingman, Sr., George Dingman, Jr., and
to me known to be the persons described in and who executed the
foregoing instrument, and acknowledged that they executed the same
as tlieir free act and deed.
Q.
NOTARY PUBLIC, Minnesota
My commission expires:;
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iAil ctL::;iy, minn,
l'‘.y C;Mtr,.:3:on E:;;ifcs Sept. 14,1978
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CEP : 61983
RUFER, HEFTE, PEMBERTON, 5 C H U LZ E, 5 DR LI E , SEFKDW & KER5HNER
ATTORNEYS AND COUNSELLORS AT LAW A KESOURCE
LAW OFFICE BUILDING
no NORTH MILL STREET
P. □. BOX BB6
FERGUS FALLS, MINNESOTA S6537 -QB66
CABLE ADDRESS JURISLEX
(SIB) 73B - SA93
ROGER L. DELL 0 32O-IS5 3)
ROBERT □. BLATTI (I953-I57D)OTHER OFFICES
THURSDAY,PARKERS PRAIRIE,MN (210)330-4141
THURSDAY, HENNING, MN GERALD 5. RUFER
RICHARD C. HEFTE
RICHARD L. PEMBERTON
JAMES L.SCHULZE
OSCAR J.SORLIE,JR.
STEPHEN F. RUFER
ROBERT J. SEFKDW
H. MORRISON KERSHNEn
ROBERT W. BIGWODO
Mr. Malcolm K. Lee
County Land and Resource Management
Otter Tail County Courthouse
Fergus Falls, MN 56537
September 15, 1983
Pillatzke
Our File No. 83-7287
IN RE;
I have done some research and have come up with the attached
conclusion.
or if I should go ahead and send this out to the client.
Let me know if you want to discuss this further
sa83257.6/7
Enclosure
RUFER, HEFTE, PEMBERTON, 5CHULZE, SDRLI E, 5EFKDW ^
ATTORNEYS AND COUNSELLORS AT LAW
LAW OFFICE BUILDING £8619 I d3S
ira Ai 303 d
ROGER L. OELL(ia2D-l95 3|
ROBERT 0. BLATTI 0e6a>lS7Q|
MO NORTH MILL STREET
P. Q. BOX B66
FERGUS FALLS , MINNESOTA 5e537 *OBBG
CABLE ADDRESS JURISLEX
(216) 736 - 5493
OTHER orncES
THURSDAY, PARKERS PRAIRIE,MN (21B) 3 3S >4 14 I
THURSDAY, HENNINS.MN GERALD 6. RUPER
RICHARD C.HCFTC
RICHARD L. PEMBERTON
JAMES L. SCHULZE
DSC AR J . SDR LI E. JR.
STEPHEN r. RUFER
ROBERT J. SEFICOW
H. MORRISON KER5HNER
ROBERT W. BIGWODO
Mr. Joe Pillatzke
102 Fifth Street NW, Apt. 1
Dilworth, MN 56529
September 15, 1983
Joe Pillatzke
Our File No. 83-7287IN RE:
Following our recent meeting, I have had a chance to do some
legal research concerning your road problem. I am convinced
that the case of Township of Sterling, a decision of the
Minnesota Supreme Court within the last few years, as well as
other Minnesota law, makes it clear that the "roadway" in
question is not a township road.
However, we have a problem. In Minnesota, when a person has
openly, notoriously, and continuously occupied land for 15 years consecutively, that person acquires the ongoing right
to continue using that land,
possession" or "a prescriptive easement."
It is my opinion that in your situation, it appears that the
neighbors have been using this land continuously for 15 years
or more, and so those people that have been using it have
acquired the permanent right to continue using it in the same
fashion. They cannot expand on that use, and they only may
use the part that they have actually travelled.
The good news is that it is not a full 66 foot road, but
instead is only the narrow travelled part. Further good news
is that you can put up signs that say "private" and "no
trespassing," but you would have to allow those who have been
using it to continue to do so. You could exclude the general
public. You could probably even put up a gate, but you would
have to provide those who have been using the road with keys
to the gate.
This is called "adverse
Mr. Joe Pillatzke
Spetember 15, 1983
Page 2
4
Please make an appointment to see me if you want to discuss
this further.
Stephen F. Rufer
sa83257.6
GJEVRE, McLARNAN, H AN N AH E R, VAA,
SKATVOLD & McLARNAN
ATTORNEYS AT LAWALDEN H. GJEVRE
R.B. McLARNAN
MICHAEL J. HANNAHER
GALEN J.VAA
PAUL O. SKATVOLD
TIMOTHY J. McLARNAN
HENRY C.STIENINC (1896-1962)
VANCE N.THY5ELL (1920-1981)FIRST NATIONAL BANK BUILDING
P.O.BOX 276
MOORHEAD, MINNESOTA 56560 OTHER OFFICES
BARNESVILLE, MINNESOTA
HAWLEY, MINNESOTATELEPHONE (218) 233-2406
May 5, 1983
weeMr. Albert Paasch
Sabin, MN 56580
resourceMr. Malcolm Lee
Administrator
Land & Resource Management
Otter Tail County Courthouse
Fergus Falls, MN 56537
Gentlemen:
Enclosed please find a copy of a letter I received on April 29,
1983, from the Minnesota Department of Health.
Yours truly.
GJEVRE, McLARNAN, HANNAHER,
VAA, SKATVOLD & McLARNAN
R. B. McLarnan
RBM/bas
Enc.
fjeCEIVE®
MA'f 6
" Ilf
^ m
1983
minnesota department of health
p.o. box 9441 minneapolis 55440 4 resource717s.e. delawarest.
S
1(612) 623-5000
April 25, 1983
f> a M.
Mr. R. B. McLarnan
Gjevre, McLarnan, Hannaher,
Vaa, Skatvold & McLarnan
First National Bank Building
P.O. Box 276
Moorhead, Minnesota 56560
Dear Mr. McLarnan:
This is in response to your letter of April 11, 1983, concerning the water
well drilled by Mr. Albert Paasch on the Joseph Pillatzke property. Otter-
tail County.
gThe Water Well Construction Code requirements contained in 7 MCAR s 1.217
are minimum separation distances between a water well and contamination
sources. Distances were established based on the potential hazard presented
by the contamination source. A buried sewer line constructed of approved and
certified materials that has been pressure-tested after installation, presents
less of a hazard than a cesspool, leaching pit, or dry well where contaminants
are continuously discharging to the soil. The separation distances of 20 and
75 feet respectively, reflect the variation in hazard.
Our letter of January 31, 1983, reiterated our position that since the sewage
lift station is functionally similar to a septic or holding tank, a separation
of 50 feet would be required.
Your letter indicates that "...if the pump station...were located in the actual
residence of Joseph Pillatzke it would be called a building drain and actually
could be located within inches of the water line." The issue at hand is not
the location of the sewage lift station in relation to a water line but to a
water well. Nowhere within the Water Well Construction Code is it indicated
that a sewage lift station, or for that matter a sewer, or a septic tank would
be called or referred to as a "building drain", and be exempt from the minimum
separation requirements. A sewer is defined as a "pipe or conduit carrying
sewage, or into which sewage may back up." A building drain directly attached
to a sewer, would be placed in the same hazard (and separation category) as
the sewer. Furthermore, whether a sewage lift station (or sewer) is buried
within or without a building, would not affect the minimum separation distances,
a 50-foot separation would be required in either case.
The Minnesota Department of Health was empowered by the State Legislature to
promulgate rules and regulations concerning the location and construction of
water wells. WPC-40, promulgated by the Minnesota Pollution Control Agency,
establishes standards for sewage treatment systems, and does not establish
standards for wells.
an equal opportunity employer
V 'O £ ^H ^
-2-April 25, 1983Mr. R. B. McLarnan tSOV)R^
We do not find your argument concerning the non-applicability of the 50-feet
separation to be valid. We reiterate that the well is located in violation
of the Water Well Construction Code and should be corrected.
Yours very truly.
Gary L./Englund, Chief Sectionlof W^ter Supply
and Gene :ngineer ing
GLE/rc
Mi/be.'-
SHORELAIMD 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;
L. J. Lukas
Rt. 1 Box 91
Richvil.le, MN 56576
has made application to the Otter Tail County Planning Commission for a Conditional Use Permit as
per requirements of the Otter Tail County Shoreland Management Ordinance. The Otter Tail County
19_^September 7Planning Commission will assemble for this hearing on
Time 7:50 P. M.Place r.nmrm'SSI oner ' s Room. Court House Fergus Falls. Minnesota.
This notice is to advise you that you may attend the above hearing and c.xpress yottr views on the
Conditional Use requested.
The property concerned in the application is legally described as:
Lake No. 56-185 Sec. 16 'Twp. Name Dead LakeTwp. 1 55 Range 40
Lake Name:.Class lore No. 96Dpa r1 NR
Sunset Bay Resort
THE CONDITIONAL USE REQUESTED IS:
I want to expand the existing resort Trom 6 caliins, (the resort has no home)
to 8 cabins. I intend to dismantle the Dead Lake Outpost Resort which, I also
own. And move 2 cabins to Sunset Bay Resort.
August 19, 1988Dated.
Otter Tail County Planning Commission Cbm
MKL -0871-01 1
7MRy.:
2219101®
VICTOR LUNDCCN 4 CO.. PRINTFOO. PCROUn TALLS. WINN.
i I
KCE I VED
SEP 61983
RU FER, HEFTE, PEMBERTON, SCHULZE, S0RLIE,5EFK0W St KERSHNER
ATTORNEYS AND COUNSELLORS AT LAW nWD ^ RESOURCE
LAW OFFICE BUILDING
MO NORTH MILL STREET
P. □. BOX BG6
FERGUS FALLS , M I NNESOTA 5BS37-DBBB
CABLE ADDRESS JURI5LEX
(SIB) 736 - 5493
ROGER L. □ E L L (I a 2 O - I 9 S 3)
ROBERT D. BL AT Tl (1953-197 □>OTHER OFFICEB
THURSDAY, PARKERS PRAIRIE, MN (218) 338-4141
THURSDAY, HENNING, MN GERALO 5. RUFER
RICHARD C. HEFTE
RICHARD L. PEMBERTON
JAMES L. SCHULZE
□ SCAR J.SGRLIE.JR.
STEPHEN F. RUFER
ROBERT J.SEFKOW
H. MORRISON KERSHNER
ROBERT W. BIGWOOO
Mr. Malcolm K. Lee
County Land and Resource Management
Otter Tail County Courthouse
Fergus Falls, MN 56537
September 15, 1983
Pillatzke
Our File No. 83-7287
IN RE:
I have done some research and have come up with the attached
conclusion.
or if I. should go ahead and send this out to the client.
Let me know if you want to discuss this further
HJLy
Stephpn F. Rufer
sa83257.6/7
Enclosure
i
RUFER, HEFTE, PEMBERTON, 5 C H U LZ E, 5 OR LI E, SEFKDW
ATTORNEYS AND COUNSELLORS AT LAW
LAW OrnCE BUILDING £8619 L d3S
(iiaM 303 H
ROGER L. □ E L L (I 3 2 □ - 19 5 3)
ROBERT O. B LATT I (13 5 3 - 1370)
im NORTH MILL STREET
P. O. BOX BBS
FERGUS FALLS , M I NNE5OTA 56537 -OBEE
CABLE ADDRESS JURI5LEX
(SIB) 736 - 5453
OTHER OFFtCES
THURSDAY, PARKERS PRAIRIE,MN (2IB)33B-4MI
THURSDAY, HENNING, MN GERALD 3. RUFER
RICHARD C. HEFTE
RICHARD L.PEMBERTDN
JAMES L. SCHULZE
OSCAR J.5DRLIE.JR.
STEPHEN F. RUFER
ROBERT J.SEFKDW
H. MORRISON KER5HNER
ROBERT W. eiGWOOO
Mr. Joe Pillatzke
102 Fifth Street NW, Apt. 1
Dilworth, MN 56529
September 15, 1983
Joe Pillatzke
Our File No. 83-7287
IN RE;
Following our recent meeting, I have had a chance to do some
legal research concerning your road problem,
that the case of Township of Sterling, a decision of the
Minnesota Supreme Court within the last few years, as well as
other Minnesota law, makes it clear that the "roadway" in
question is not a township road.
I am convinced
In Minnesota, when a person hasHowever, we have a problem,
openly, notoriously, and continuously occupied land for 15
years consecutively, that person acquires the ongoing right
This is called "adverseto continue using that land,
possession" or "a prescriptive easement."
It is my opinion that in your situation, it appears that the
neighbors have been using this land continuously for 15 years
or more, and so those people that have been using it have
acquired the permanent right to continue using it in the same
fashion. They cannot expand on that use, and they only may
use the part that they have actually travelled.
The good news is that it is not a full 66 foot road, but
instead is only the narrow travelled part. Further good news
is that you can put up signs that say "private" and "no
trespassing," but you would have to allow those who have been
using it to continue to do so. You could exclude the general
public. You could probably even put up a gate, but you would
have to provide those who have been using the road with keys
to the gate.
Mr. Joe Pillatzke
Spetember 15, 1983
Page 2
Please make an appointment to see me if you want to discuss
this further.
Stephen F. Rufer
sa83257.6
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RECEIVED
OCT 2 8 1982*....
minnesota department of health
717 s.e. delaware st. minneapolis 65440
LAND C RESOURCE
1 V/ .(612) 296-5221
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n^maif •' V-' V;.-' ,-vMr. Alb«"t Faueh
SablQ* Mlnn08«te 565B0
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' ^Drar Hr. Paasotii
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TMa letter is in regard to the well drilled by your oowpany on property owned
V % by Mr. Joseph filletzke, Lake Lida, Lida Township, Ottertail County.
An investigation by this Depertaent on SepteabSr 1, 1982, noted the following
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V - In order to bring this well into ocnpllanoe with the Minnesota Water tfell ^ ^
Construction Cede, you must take the following remedial atepst
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oonditlona:
1. The well was located within H7 feet of the lift station.
2. The veil was also within 8 feet of the sewer line.•V
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Af Move the lift station so that it is in e»3ess of fifty (50) feet the well, If the lift station is tested water tight} or 75 feet if it
does not test water ti^t.
it
t if-v-
: r ®* »«wer lines (including lines buried taader the basement floor) must
f#.’be looated at least fifty feet (50 ft.) from the well or twenty feet
(20 ft.) from the well, if oonstruoted of oast iron pipe or plastie
pipe (ASTM 2665 for polyvinyl chloride pipe or ASIM 2661 for
aorylooltrile-butadlene-styene pipe as prescribed in the Minnesota
Plumbing Code 7 HCAR 1.123 C.3) with air tested Joints.
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If it is not possible to te'lng the well into oompliance with the required
. isolation distanoss listed In paragraphs A and B, you must seal and abandon
the well.i. ■
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Before any rem«Hal work say begin, stibrnlssion of plans, specifications and drawings of all proposed work must be submitted to the Apartment for review
and a]g>roval •
> V. i-;. -• ••You must also submit water samples of the well to this Department for
baoterlologloal examination and nitrate-nitrogen analysis together with an
offioial water well record.«r%
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an equal oppot+unity employer ^
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Mr. Albert Paasch -a-. .October 25, 1982
In order to avoid enforoeaent procedures of the Hater Hell Code, a retaedial ,
plan of action niust be received by this office within 30 days of the date of
this letter. The violation must be correoted within 60 days of the date of
this letter.
If you have any Questions, please contact Roman Koch at 612/623-5^0^*.
Yours very truly,
Gary i.. England, P.B
Section of Water Supply
and General Engineering
Chief• f
GLE:RJK/l3S
cc: Mr. Joseph Pillafezkoy
Mr. Ron Barton
Mr. K, Lee, Administrator
Dept, of Lake and,Resource Development
Fergus Falls