Loading...
HomeMy WebLinkAbout16000990554000_Variances_12-01-2004967790 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that SST'T'SO this instrument # was filed/recorded in this office for record on the_jXL_day of -----------_______.2004 atZ^i^i^m Wendy L. Meteaif. County Recorder .well certificate Ao V\ 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 mm Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ^ *7 lake name 57^ Si L/r I'Jl DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS :oLAKE CLASSLAKE NUMBER u UA RANGE TOWNSHIP NAMETOWNSHIPSECTION nSSbIr / (i> &d O ^ OdO E-911 ADDRESS LEGAL DESCRIPTION . L d-7^ V TYPE OF VARIANCE REQUESTED (Please Check) Structure Size Sewage System Subdivision Cluster Misc.Structure Setback SPECIFY VARIANCE REQUESTED Requesting variance of 11’ to keep “as is” existing well due to sanitation code 56.0305. Enforcement- Subpart 3. Variance “strict enforcement of any provision of the standards would cause unnecessary hardship or that strict conformity with the standards would be unreasonable, impractical or not feasible under the circumstances... the board may permit a variance. 50’ minimum would put well in the middle of my only approved driveway and I would loose the right to access my property. See attached background, pictures & correspondence. ____________________________ I 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 RE|S3lRDING THIS MATTER. ( ^it SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) (%ri/i/ut. I" S5/cUy l(ly/\± djyOJU / '3 ! 3y'c^ S5y 555 S^^dj./ 7^ -^^-DO /77 -^Z)!35n 5^ 'SQ’O 3 (pj cLu^ 5 /J' /- o/7-cXiTimeDate Of Hearing Motion Rich Dombeck - Denied. (7:26 p.m.) After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to deny the variance as requested noting health concerns as the reason for the denial. 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 L R Official/Dat( bk 0903-001 315,694 • ViclOf Lundeen Co.. Printers • Fergus Falls. Minnesota December,!, 2004 Page # 2 Jon W Anderson - Approved the variance as requested with a condition. (6:45 p.m.) Jon W. Anderson, part of Lot 9 Block 2 and Lot 5 Block 1, Oak Haven Second Addition, Tamarac Lake in Scambler Township requested the following: I am requesting to attach a portion of Parcel “B" (100’ by 150’ as noted on plan) to Parcel “A” my current lake lot. I want to build a new home on Parcel “A” and need the extra space from Parcel “B” for a septic system, drain field and a storage garage. Proposed split to be done without creating a plat and the remainder of Parcel “B” is to be considered a buildable lot. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Michael Conlon and unanimously carried, to approve the proposed subdivision of Parcel “B" with the following conditions: 1.) the area in that portion of Parcel “B” (100’ by 150’ which is being attached to Parcel “A” cannot be used when calculating impervious surface coverage for Parcel “A” development, 2.) the development on Parcel “A” cannot exceed 25% impervious surface coverage, 3.) that portion of Parcel “B” (100’ by 150’) which is being attached to Parcel “A” is restricted to non-dwelling structures and 4.) a registered surveyor’s drawing must be provided when Parcel “B” is subdivided. Gerald R Bohn - Approved the variance as requested with a condition. (7:00 p.m.) Gerald R Bohn, Lot 2 Block 1, Blarney Beach, Otter Tail Lake in Everts Township, requested a variance of 15’ from the required road right-of-way setback of 20’ for the placement of a structure 5’ from the road right-of-way. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. A letter from John W and Dorothy J Weiss and an email from James Crouse expressing concerns with the variance as requested were read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Randall Mann and unanimously carried, to approve a variance of 9’ from the required road right-of-way setback of 20’ for the placement of a 26’ by 24’ garage 11 ’ from the road right-of-way and at least 10’ from the side lot line with the condition that the two existing shed (7’ by 12’ and 10’ by 18’) must be placed behind the string line. Larry D and Carol I Nielsen - Approved the variance as requested. (7:13 p.m.) Larry D and Carol I Nielsen, part of Government Lot 5, Section 28 of Dunn Township by Lake Lizzie, requested the following: Currently we own a parcel of land with 6.89 acres and 145’ of lake frontage on Lizzie Lake. This parcel came into existence by a variance granted August 27, 1986. We will retain the 81, 223 square foot parcel with the existing water frontage and the current structures. We are requesting a variance so we can plat the remainder of the parcel. Our surveyor’s drawing shows one large parcel of the required 80,000 square feet (existing wetlands are not included in this square footage) and four smaller 5,000 square foot pieces. A surveyors’ drawing is on file with the Otter Tail County Auditor’s office. Randall Mann, Chair, polled the audience with Chad Hansen expressing concern with the proposed back lot size. After consideration and discussion, motion was made by Steve Schierer, seconded by Paul Larson and unanimously carried, to approve the variance as requested, which would allow the applicants to submit, for consideration, to the Planning Commission a plat containing 5 back lots and 1 lake lot containing less than the required 150’ of water frontage. The frontage would be approximately 143 to 145’. Rich Dombeck - Denied. (7:26 p.m.) Rich Dombeck, Lot 4 Silent Point, West Silent Lake in Dora Township, requested a variance of 11’ from the required 50’ separation for the placement of a septic system 39’ from an existing well. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. Wayne Stein, Secretary, noted that a phone call had been received from Mark Lang expressing concerns with the location of the septic system relative to the lake. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to deny the variance as requested noting health concerns as the reason for the denial. !" =- /o' DateSignatureScale (Jj£5-r' rip Q s? H:fuP ■£? ^<^ A)^ £T> 41? ' CP rp ^<d? ff s; 1 N\ •ia -si N: N\ i Ni^3ePr7c?\ 4m L!^p\ .. I'f^UbliJC} I I cj\3i^ VL) i^kZ. A I !g^AT; LV3T StdPh^E^ \ I ^<\^'ri'\/h ^fi \(^3f 4D'- i ;; l>eDic'Aixi> 'i-ohhI g? R\^ Uh3 O P & ''ao SF ^ DO 4)V e-: 0 ?\Lu,pr ?-A y i. i t-j- 5 /lk4' r^boT'Lbt' g/t£^4=^,ue,jr X>F 313.987 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4870BK — 0403 I fwstjy certify that the within Instrument was filed ifi this office 0 ___A.D. 19, ___ sr.i \A«:; dwly Wicrcfihri«d at. Ooc.tr tor day ofZ-IuEEM_m —Sa2f)17Itlenrlu X iUlJcmJ A 4sc i JdiiU /IMhu^oAl 'bc\zrov L-.g, THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 ***COMPLETE THIS APPLICATION IN BLACK INK*** Application Fee Receipt Number£/c r/Jy^-i S/zd^ PROPERTY OWNER DAYTIME PHONE ADDRESS UZ/Z^,?" S/Z/rJ~LAKE CLASSLAKE NUMBER LAKE NAME do i?‘4111SECTION TOWNSHIP RANGE TOWNSHIP NAME /<^ 066^ Odd FIRE/LAKE I.D. NUMBERPARCEL NUMBER LEGAL DESCRIPTION 4^/^ ‘-f ^ S/L/T/c/' ^ ^ TYPE OF VARIANCE REQUESTED (Please Check) Misc.ClusterStructure Size Sewage System SubdivisionStructure Setback SPECIFY VARIANCE REQUESTED , '3^'x -^' Tdf7L-xA- UH srXc.chiL/^ A-Az/xf. snuii-ifM^ go'X '■ „ )(: (d / Lcrv^ /r/iipAh I OP s/^r //^ i I 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 & RESQtJ??CE MANAGEMENT REGARDING THIS MATTER. 'i//M ■A DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) (At( 3//-3^ r r 3:-October 1,/ >/-, - Page 12 ' 'cy'a.' ^ ^Cca^ 3:& ' €G>0 r-»-----/ ~0o I .S^o'^’ /IS-&0O 465S'.;rJ c, ;J ds(^i vJ O SS7 5S? SS<fdM^ Accepted By Land & Resource L & R Official/Date ?- 3. 98^Time 6-'3oDate Of Hearing Motion Rich Dombeck - Approved September 3,1998 Meeting - A letter from Alan Fjerstad expressing concern with the existing road was read for the record. The audience was polled with no one speaking for or against the request. After much discussion and consideration, motion was made by Randall Mann, seconded by David Holmgren and unanimously carried, to table, with the applicant’s approval, this public hearing until the October 1, 1998 Board of Adjustment meeting so the applicant can review changes in the location of the road with the Department of Natural Resources. October 1,1998 Meeting - The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by John Everts and unanimously carried, to approve the replacement of and existing 35’ by 8’ unit with a 30’ by 14’ unit 22’ from the ordinary high water level (water) and at least 10’ from the road right-of-way. It was noted that length of the structure is being reduced. It was also noted that the variance is being granted based on the fact that the existing road will be relocated, under the direction of Terry Lejcher, Department of Natural Resources, in an area that he has located and staked for'the applicant. It was noted that the granting of this variance would provide the applicant with a reasonable use of his property. Hardship is a substandard lot of record. Chairman/otter Tail County Board of Adjustment Pern^t(s) required from Land & Resource Management A Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • Victoi Lundeen Co.. Printers • Fergus Falls. Minnesota Replacement structure (30’ X 14’) Dynamic Pre-fab modular structure to be brought in and set on blocks. Fill low spot where existing structure is to level out my lot with class 5 road gravel (Approx. 1’ depth) & cover West side of lot with Pea-gravel (3-4”) similar to existing lakeside. New set back 16 feet from lakeside. Considerations: Placement of structure would be set to current distance requirments from existing holding tank and edge of dedicated road. 10 foot requirement. Road is currently on my property and has been rebuilt (due to high water) and moved on my property to give access to cabins and homeowners in the bay. High water levels have been resolved with new siphoning system at east end of the lake with drainage into East Silent. My lot also has been raised approx. 4 feet and is higher elevation than lots on either side of me with existing structures. Dedicated road has also been raised approx, two feet. Proposed structure would 16 feet set back from lake side and 11 foot setback from edge of road. Chesley’s house average set back is 6 ^2 feet from lakeside. Harris’s cabin is 19 feet setback from lakeside. Structure would be moved in winter so as not to cause any possible road damage. Damage if any to dedicated road Parcel Description: Section 31, TWP-136 Range-041 Silent Point Lot 4, Dora Township, West Silent Lake, Otter Tail County Owner: Rich Dombeck 1316 Joseph St, PO Box 789 Hawley, MN. 56549-0789 Phone#: 218-483-3425 Current Situation: 35’ X 8’ Trailer sitting on blocks has been on property since April of ’87. Trailer is over 20 years old and in poor condition. Current set back from lake is 19 feet. Dead cottonwood trees over -hang the structure causing possible damage to trailer or personal accident if trees may fall in storm and something is not done soon. Lot has been raised over 3 to 4 feet above high-water mark well protected from shoreline due to extensive investment in rip-rap surrounding lot and protecting existing holding tank. Proposed Chan2es: (Askin2 your permission to) Remove existing structure (35’X 8’) and replace with new structure approximately same size and in same position. would be fixed by me to satisfaction of cabin owners on west side of lake. New structure would add Scenic Value to west side of lake rather than old existing structure with dead overhanging trees. Am retiring soon and want to improve value of my property, like existing lot owners with structures on either side of my lot. (Chesley house -north & Harris cabin- south) Proposed structure would obviously increase tax base for county and thus pay higher taxes. See Attached pictures and drawin2: October 1,1998 Page 5 James and Sharon Gowin - Denied James and Sharon Gowin, Battle Lake, MN, requested a variance of 4' frdm the required lot line setback of 10’ for the location of a storage shed 6’ from the lot line. The property is described as Lot 21, Pleasant Shores, Lake Ethel in Girard Township. A letter from Randy and Joan Abbott in favor of the applicants’ request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by Cecil Femling and unanimously carried, to deny the variance as requested noting that no adequate hardship had been shown and that a structure of reasonable size can be placed on the lot without the granting of a variance. Rich Dombeck - Approved Rich Dombeck, Hawley, MN, requested variances from the required ordinary high water level setback of 100’ and from the required road right-of-way setback of 20’ for the replacement of an existing 35’ by 8’ trailer with a 30’ by 14’ Dynamic Pre-Fab modular structure. The new structure would be placed ^ approximately 16’ from the lake and approximately IT from the edge of the road. The applicant is also proposing the filling of a low spot, where the existing structure is located, with class 5 road gravel (approximately T depth) and to cover the west side of his lot with pea-gravel (3-4”) similar to existing lakeside. The property is described as Lot 4, Silent Point, West Silent Lake in Dora Township. September 3,1998 Meeting - A letter from Alan Fjerstad expressing concern with the existing road was read for the record. The audience was polled with no one speaking for or against the request. After much discussion and consideration, motion was made by Randall Mann, seconded by David Holmgren and unanimously carried, to table, with the applicant’s approval, this public hearing until the October 1,1998 Board of Adjustment meeting so the applicant can review changes in the location of the road with the Department of Natural Resources. October 1,1998 Meeting - The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by John Everts and unanimously carried, to approve the replacement of and existing 35’ by 8’ unit with a 30’ by 14’ unit 22’ from the ordinary high water level (water) and at least 10’ from the road right-of-way. It was noted that length of the structure is being reduced. It was also noted that the variance is being granted based on the fact that the existing road will be relocated, under the direction of Terry Lejcher, Department of Natural Resources, in an area that he has located and staked for the applicant. It was noted that the granting of this variance would provide the applicant with a reasonable use of his property. Hardship is a substandard lot of record. i September 3,1998 Page 2 Rich Dombeck - Tabled Rich Dombeck, Hawley, MN, requested variances from the required ordinary high water level setback of 100’ and from the required road right-of-way setback of 20’ for the replacement of an existing 35’ by 8’ trailer with a 30’ by 14’ Dynamic Pre-Fab modular structure. The new structure would be placed approximately 16’ from the lake and approximately 11’ from the edge of the road. The applicant is also proposing the filling of a low spot, where the existing structure is located, with class 5 road gravel (approximately 1 ’ depth) and to cover the west side of his lot with pea-gravel (3-4”) similar to existing lakeside. The property is described as Lot 4, Silent Point, West Silent Lake in Dora Township. A letter from Alan Fjerstad expressing concern with the existing road was read for the record. The audience was polled with no one speaking for or against the request. After much discussion and consideration, motion was made by Randall Mann, seconded by David Holmgren and unanimously carried, to table, with the applicant’s approval, this public hearing until the October 1, 1998 Board of Adjustment meeting so the applicant can review changes in the location of the road with the Department of Natural Resources. Delbert Hoffman - Approved Delbert Hoffman, Dent, MN, requested a variance of 88’ from the east lot line and a variance of 29’ from the west lot line for the placement of an existing 8’ by 12’ water - oriented accessory structure 2’ from the east lot line and 6T from the west lot line. The property is described as Lot 13, Borup’s Maple Beach, Dead Lake in Dead Lake Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Cecil Femling to deny the variance as requested as no adequate hardship had been shown and the applicant’s property is not wide enough to accommodate the placement of a water - oriented accessory structure in a location that meets the requirements of the ordinance. The motion failed with David Holmgren, Randall Mann and George Walter voting no. After additional discussion and consideration, motion was made by Randall Mann, seconded by Frank Lachowiter and carried with John Everts voting no, to allow the placement of an 8’ by 12’ water - oriented accessory structure 10’ from the side lot line and 25’ from the ordinary high water level. It was noted that the placement of a water - oriented accessory structure in this location will not restrict the view of the adjacent property owners because of the substantial bluff on the applicant’s property. Ted and Lois Rotenberger - Approved Ted and Lois Rotenberger, Henning, MN, requested a variance of approximately 57’ from the required ordinary high water level setback of 100’ for a second story addition to an existing structure, with a 2’ extension on the back side of the property, approximately 43’ from the ordinary high water level. The present structure is 26’ by 32’ and the addition will be 28’ by 32’. The property is described as Lots 3 and 4, Comstock Beach, East Battle Lake in Girard Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Cecil Femling and unanimously carried, to approve a variance of approximately 57’ from the required ordinary high water level setback of 100’ for a second story addition to an existing structure, with a 2’ extension on the back side of the property, approximately 43’ from the ordinary high water level. It was noted that proposed addition would be no closer to the ordinary high water level than the existing structure. It was also noted that no precedence would be established in this immediate area by the granting of the applicant’s request. 680787APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA"Vs Receipt No. Application Fee $ f)OOwner:Phone: Last Name First Middle (§i (f "^1 ■ nyl-t<.‘L-fj S%s^7 Street & No.City State Zip No. eD/ 7 CO L |z-A/ ( ^Lake No.Lake Name Lake Class lAASec.Twp.Twp. NameRange UR/l/T —Li?r 4 Of- 6 to. L^r ?/, t: > tLegal Description:Fire No. ( Parcel Number T'cL-t^X./Explain your request: 7sr'--------^ qL o I tO //7 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 for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail 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. 7-^Application dated. Signature of Applicant —DO NOT USE SPACE BELOW— 10-6-SS Date of hearing 19.Time M. Court House, Fergus Falls, MN. 56537 DEVIATION APPROVED this_____ (OR A TTACHED) REOUIREMENTS: day oL 19____WITH THE FOLLOWING Office of County Recorder County of Otter Tait I hweby certify mat me vwf»n insfrv- rnsnl wss (rted m m* fg^ rteoti on itic // Day nt rf'T * 0 19 ing w denied. o'cioc* Cour.ry Signature: Chairman Otter Tail Board of AdjustmentMKL 0483 -001 231.616 — Victor Lundeen Co., Printers, Fergus Falls. Minnesota 1 ) October 6, 19882 -Board of Adjustment Richard Dombeck, Hawley, MN, requested permission to place a bunk house over the sewage holding tank on Lot 4, Silent Point, on West Silent Lake in Dora Township, made by David Trites to deny, no adequate hardship shown, lot being too small to accommodate expansion. The motion was seconded by JOhn Everts and carried. Raymond Elhard, Bloomington, MN, requested permission to replace an existing S' x 7' building of approximately same size at same location, add roof and screened enclosure over present 10' x 14' platform at rear of lake cabin, on Lot 6, Broadwater Beach, 3rd Add'n, on Pelican Lake in Dunn Township. After consideration, motion was made by Carl Johnson to approve an 8' x 8' shed placed between two trees, no closer to lot line than neighbor's shed, on the condition the old shed be removed, approve screened porch construction, hardship being substandard lot of record. The motion was seconded by Craig Anderson but withdrawn. Motion was then made by George Walter to allow replacement with a 5' x 7' building no closer to the lot line and no closer to the road, granting also the variance requested for the screened porch attached to cabin. The motion was seconded by Daniel Oehler and carried. Edwin A. Millerbernd, Saint Paul, MN, requested permission to build a 16' X 20' screen porch on lakeside of cabin approximately 56 feet from Dead Lake in Dead Lake Township, on Lot 3, Hackberry Point. After consideration, motion was made by George Walter to deny, no adequate hardship shown. The motion was seconded by Craig Anderson and carried . RICHARD DOMBECK DENIED After consideration, motion was RAYMOND ELHARD APPROVED EDWIN A. MILLERBERND DENIED John W. Albers, Humphrey, Nebraska, requested permission to allow a screen porch to remain as constructed on lakeside of cabin on Lot 4, Art's North Shore, Marion Lake in Rush Lake Township, sideration, motion was made by Craig Anderson, with the statement that although he does not condone building without a permit, to approve construction, using a "string test" from the points on the adjacent buildings closest to the lake, and allow building up to such line. The motion was seconded by Daniel Oehler and carried. Terrance & Erliss Wagner, West Eargo, ND, requested permission to build an 8' x 10' storage shed 6' from the side lot line, on Lot 1, Block 9, Crystal Hills, 4th Add'n, on Crystal Lake in Lida Township. After consideration, motion was made by Daniel Oehler to grarit the 4' variance requested, hardship being a substandard lot of record with no precedence being set. The motion was seconded by Craig Anderson and carried. JOHN W. ALBERS APPROVED After con- TERRANCE WAGNER APPROVED Clark R. Lien, Moorhead, MN, requested permission to allow a 4' X 7' storage building to remain as remodeled and re-roofed, on Lot 3, Crystal Hills, 1st Add'n, on Crystal Lake in Lida Township. After consideration, motion was made by Craig Anderson to deny, no adequate hardship shown with alternate places on lot to place said building, allowing until June 1, 1989 to be removed. The motion was seconded by David Trites and carried. CLARK R. LIEN DENIED Harold F. Trende, Cologne, MN, requested permission to place cabin on Lot 8, Deer Trail Estates, on Star Lake, Star Lake Township, 60' from lakeshore rather than the required 75'. tion, motion was made by Carl Johnson to deny, no hardship shown, to allow would establish a precedence on a new development. The motion was seconded by Craig Anderson and carried. HAROLD F. TRENDE nFNirn After considera- Ed Prescher, Battle Lake, MN, requested permission to create a par­ cel of less than 2.5 acres, 150' wide on Otter Tail Lake, between Lake and T.H. #78, in G.L. 3, Section 31, Otter Tail Township. After consideration it was determined a variance was not necessary and the request was withdrawn. ED PRESCHER WIIIIDRAWN