HomeMy WebLinkAbout37000990846000_Variances_12-01-2004967792
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__967792
was filed/recorded in this office
for record on the_/0 riay of
,yPpunty Recorder
B^utying^
well certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us oO^500—iMii&lApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
,V\, 4iu^i2.tc/+r DAYTIME PHONEPROPERTY OWNER
mailing address
lake number /V'? LAKE NAME LAKG ROlake class
///3(o ^/P4-TOWNSHIP NAMERANGETOWNSHIP
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SECTION
roE-911
ADDRESS
PARCEL
NUMBER
LEGAL DESCRIPTION
loriB' 7 4-/JP s CR\/srA'i- R/LL^ 4pO/J
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size____Sewage System Subdivision Ciuster Misc.
SPECIFY VARIANCE REQUESTED
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\ UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER
n/s^6q
DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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/$t, /^ C)^Date Of Hearing Time
Motion
Ronald M Albrecht - Denied (7:45 p.m.)
After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously
carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that
would allow for the granting of the variance as requested. The Board noted that the applicant has adequate room to
place the structure 20’ from the road right-of-way and noted that had the variance request been submitted prior to
construction the variance would not have been granted because the applicant had the ability to obtain a reasonable
use of his property without the granting of a variance.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0903-001
315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota
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313.907 ♦ Victor Uindeen Co.. Printers • Fergus Falls. MN • 1-800-3464870BK — 0403
i
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED WITH THE FOLLOWING APPLICATION(S)
SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN
OCTOBER & MARCH
(Please check all that apply)
Grade & Fill Permit_ Conditional Use Permit
Preliminary Plat
y Variance
Site Permit
I understand that, due to snow cover, the Land & Resource Management
staff, the Planning Commission Members and/or the Board of Adjustment
Members may not be able to view the property/project described in my
Application(s) dated
possible for Otter Tail County to meet the legal requirement to take action
within 60 days of the receipt of the completed Application{s). I understand
that in the absence of a waiver of the 60-Day Requirement, the County may
have no alternative but; to deny my Application(s). Therefore, I hereby
agree to waive the 60-day time limit in order to allow time for Land &
Resource Management Staff, Planning Commission Members and/or.
Board of Adjustment MembersTo view the property before taking action on
my Application(s).
. As a result, it may not be
•'f
r
//^ sDATED ^PROPERTY OWNER
2~13~04
Mbowman forms-apps waiver 60 day rule
OTTER TAIL COUNTY LAND & RESOURGE MANAGEMENT
Government Services Center, 540 W^t Fir, Fergus Falls; MN 56537 218-998-8095
MEMORANDUM
TO:Ryan Cheshirej
Assistant County Attorney
Kyle Westergard
Inspector
FROM:
September 21, ;2005DATE:
RE:Ronald Albrecht vs State of Minnesota (Garage constructed less
than 20’ to Road ROW), Lots 7 & 8 BIk 1 Ciystal Hills 3^^ Addition
The garage has been relocated to a legal location as required.
;•
i
ISADistrict CourtState of Minnesota County Otter Tail
CONTROL NO.CTY ATTY. FILE NO.
05M-151
CONTROLLINGAGENCYList Charge Statute Only G.O.C.M.O.C.CCT
1 OTC Shoreland Management Ordinance III.4.A. & V.9.B.
COURT CASE NO.DATE FILED
I I Amended I I Tab Cliarge Previously Filed
I I if domestic assaultI I if niore than 6 counts (see attached)[X] SUMMONS
□ WARRANT
□ ORDER OF DETENTIONState of Minnesota MISDEMEANOR
PLAINTIFF,
JUN 1 0 2005
Date of Birth SJIS COMNAME; first, middle, last
Ronald Albrecht
1431 Oak Manor Ave
Apt. 112
Fargo. ND 58103-8109 _____land ^ RESOURCE
C Defendant FingerprintedI1COMPLAINT
The Complainant, being duly sworn, makes Complaint to the above-named Court and states that there is probable cause
to believe that the defendant committed the following offense(s). The Complainant states that the following facts establish
PROBABLE CAUSE:
Complainant, Kyle Westergard, is a duly acting and appointed Inspector for the
Office of Land and Resource Management, County of Otter Tail, Minnesota, who
received information regarding the below-described offense. On November 8, 2004,
RONALD ALBRECHT, hereinafter referred to as the defendant, applied for a variance
before the Otter Tail County Board of Adjustment. Defendant requested a variance of
7.5 feet from the standard 20 foot right-of-way setback for his garage structure on
his property located within the Shoreland Management Area of Crystal Lake in Lida
Township, Otter Tail County, Minnesota. The property is more particularly described
as Lots 7 and 8, Crystal Hills 3rd Addition, Block 1, with Crystal Lake being a
recreational development lake with a 20 foot roadway setback requirement under the
ordinance. Defendant indicated in the variance application that the garage had been
constructed, and that he was asking that he leave the structure at its present
location. On December 1, 2004, the Otter Tail County Board of Adjustment heard the
defendant's request and denied the variance as the defendant failed to show an
adequate hardship unique to the property, and the Board noted that the defendant had
adequate room to place the structure 20 feet from the road right-of-way, and that
the Board would not have granted the variance if the variance was submitted prior to
construction. On December 6, 2004, complainant sent a letter to defendant advising
that the Board of Adjustment had denied his request for a variance, and that he must
legally locate the garage no later than June 15, 2005. On April 11, 2005,
complainant received a call from defendant indicating that he did not intend to
bring the property into compliance, but would rather the matter proceed to Court.
FORMC
COMPLAINT / INDICTMENT SUPPLEMENT
List Charge Statute Only G»0>C>M.O.C.CCT
PAGE OF 32
SJIS COMPLAINT NUMBERS
CHARGE(S)
: 1Count
Charge
In Violation Of: OTC Shoreland Management Ordinance III.4.A. & V.9.B.
Maximum Penalty: 0-90 days and/or $1,000 fine
: Erecting Structure in Violation of Setback Requirement
On and between November 8, 2004 through April 11, 2005, within the County of Otter
Tail, one RONALD ALBRECHT, the defendant, erected or installed a new structure or
altered any structure or part thereof in violation of the setback requirement of 20
feet for a recreational development lake from the road right-of-way.
THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be:
(1) arrested or that other lawful steps be taken to obtain defendant’s appearance in court; or
(2) detained, if already in custody, pending further proceedings:
and that said Defendant otherwise be dealt with according to law.
A
•'SAIGNXtUICOMPJCOMPLAINANT’S NAME;
Kyle Westergard
Being duly authorized to prosecute the offense(s) charged, / hereby approve tms Complaint.
PROSECUTING ATTORNEY'S SIGNATURE:DATE:
MtVqaj
PROSECUTING A 'BlORNEY:
ADDRESS/TELEPHONE:
121 West Junius, Suite 320, Fergus Falls,
MN 56537 (218)998-8400______________
NAME/TITLE:
Michelle M. Eldien, Assistant County Attorney 237280
Rev 7/95FORM 1-2
Page H^o/ IXU'Court Case #:MME
This -COMPLAINT was subscribed and sworn to before the undersigned this | Lj | da-y of U20^
SIGNATURE:NAME:
TITLE:
NonaamorANVFINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined
that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant(s) arrest or other lawful
steps be taken to obtain Defendant(s) appearence in Court, or Defendant(s) detention, if already in custody, pending further
proceedings. The Defendants) is/are thereof charged with the above stated offense(s)
SUMMONS
S THEREFORE, You, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the/<f9^
day cjfl(/(/'\jf^ <^S~~before the above-named court at
to answer this complaint. ^/\
IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARlBEST shall be issued.
WARRANT
□ EXECUTE IN MINNESOTA ONLY
I I To the sheriff of the above-named county: or other person authorized to execute this WARRANT; I hereby order, in the name of
the State of Minnesota, that the above-named Defendants) be apprehended and arrested without delay and brought promptly before the
above-named Court (if in session, and if not, before a Judge or Judicial Officer of such Court without unnecessary delay, and in any
event, not later than 36 hours after the arrest or as soon thereafter as such Judge or Judicial Officer is available) to be dealt with
according to law. ____________________________________
ORDER OF DETENTION
I I Since the above-named Defendants) is/are already in custody; I hereby order; subject to bail or conditions of release, that the
above-named Defendants) continue to be detained pending further proceedings.
Bail:
Conditions of Release:
nduly subscribed and sworn to, is issued by the undersigned Judicial Officer thisThis ComplainJ^- Summons day of (0
SIGNATURE:NAME:
fudge of District CouiTITLE:
Sworn testimony has been given before the Judicial Officer by the following witnesses:
Clerk's Signature or File Stamp:ST A TE OF MINNESOTA COUNTY OF
Otter Tail
State of Minnesota 4^i SATURN of SER VICE
I hereby Certify and Return that I have served a copy of this
COMPLAINT upon then Defendants) herein-named.
Plaintiff)
VS.
Signature of Authorized Agent:Ronald Albrecht
Defendants)
Rev. 12/95Form-J