HomeMy WebLinkAbout17000990486000_Variances_05-03-1984APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA 10-.C013Application Fee $
Cagley Paul M.& Joan M.(701) 235-0468Owner:Phone:
Last Name F irst Middle
3501 Evergreen Road 58102FargoND
Street & No.City State Zip No.
Lake No.5(S-786 Pali panLake Name GDLake Class
7 137 42Sec.DunnTwp.Range Twp. Name
Legal Description:Lot No.Block No.Lot 7 of Broadwater Beach
Sub-Division Name:
Parcel Number
Explain your problem here:
Would like to build 24 foot by 24 foot garage 5 feet from the road
right-of-way and 2 feet from side lot line. (Should be 40' and 10')
Also would like to construct porch on lake side of dwelling which
would be 48 feet from the ordinary high water mark.
Sewage system #4323 is certified.
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.
March 28Application dated.
— DO NOT USE SPACE BELOW—
pali of hearing ,9_84May 3 ^ Time
Court House, Fergus Falls, MN. 56537
DEVIATION APPROVED this______
(OR ATTACHED) REQUIREMENTS:
day of_., 19____W! TH THE POLL OWING
S'5 '
Signature:
Chairmar)
Otter Tail Board of AdjustmentMKL 0483 -001
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VICTOK LUNOCEM CO . PRINTERS. FERGUS ‘«LLS. U'NN.
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MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
May 3, 1984
The Otter Tail County Board of Adjustment met Thursday, May
3, 1984 in the County Commissioners Room of the Otter Tai.l-County Courthouse,
Fergus Falls, MN with George Walter, Craig Anderson, June Ryan, Tom Stringer
Chairman‘Wa1ter dpened the meeting at 7;30ip.m
hearing no objections or corrections to the April meeting, declared same approved
as mailed,'
and John Everts present.and« I
The following applications for variance were heard:
Paul M, Cagley, Fargo, ND, requested permission to build a 24' x 24' garage five
feet from, road right-of-way and construct a porch on lakei side of dwelling, 48'
from ordinary high water mark, on Lot 7 of Broadwater Beach, Dunn Township. After
reading correspondence received and after listening to the various interested parties,
motion was made by Craig Anderson, seconded by John Everts and carried, to deny the
request for the porch, no hardship shown.Motion was made by Craig Anderson, seconded
by John Everts and carried, to deny the request for the garage for safety reasons and
no hardship shown.
Michael Wilde, Fergus Falls, MN, requested permission to replace existing trailer
house with a 24' x 36' dwelling, 70' from lake and 36' from public road, on Lot 6,
Philip Burseth Beach, Dane Prairie Township. Motion was made by June Ryan to grant
approval because of the uniqueness of a substandard lot .with the neighbors enjoying
variances to a much greater degree, and having been approved by the Town Board. The
motion was seconded by Craig Anderson and carried, granting a 20' variance from the
lakeside requirements and 4' variance from the roadside requirements.
Duane Scheller. Wahpeton, ND, requested permission to construct a 30' x 38' garage
from road right-of-way on Lot 2, North View Beach, Everts Township,
sideration and with approval of the Town Board, motion was made by John Everts,
seconded by Craig Anderson and carried, to approve because of the uniqueness of the
31 After con-
lot's steep bank with no precedence being set with only three lots such as this,
granting of a nine foot variance.
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Lot 7 Of ^ROAt>\A^T€f^ BgACH
'T^ELtCAH Lake 5G-7S<s>
^EC.. 7
Twp. 137 - 'DUKisi
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Owner: "Paul M- (2A<^LBy
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Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 56537
MALCOLM K. LEE, Administrator
M E M 0 R A N D U M
June 22, 1984DATE;
Board of AdjustmentTO:
Dick MacGregor, InspectorFROM:
Attached letter of June 13, 1984RE:
On June 20, 1984, I viewed the addition referred to on the Lot adjacent to
Mr. Cagley.
The situation is as follows, Ivan Hovey added a 6' by 11' or 66 sq. ft.
addition to his dwelling which filled out the corner of his dwelling. No permit
was required or granted.
The dwelling was and remains 1' to 2' ahead of the dwelling on either side
of which is the complainants (see attached sketch).
I find no basis for a charge of unequal treatment. Mr. Cagley's proposed
variance would reduce a substandard lake setback and reduce his neighbors
sideyard view.
one
SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
SOLID WASTE ORDINANCE
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION
0June 13, 1984
S'
<?if.otter Tail County Board of Adjustment
Otter Tail County Court House Fergus Falls, MN 5B537
Ladies snd Gentlemen of the Board:
"v, %^c
My name!is Paul Cagley and I oWn a cottage on lot 7 of Broadwater Beach, Lake No. 56-7W, Lake name - Pelican, Lake Class GD, Sec. 7, Twp^. 13^, Range ,42, Twp. name iK-^nrHand Fire No. P-3343. On
March 2$, 1984, I fited an application for variance to construct a garagp and a ^11 porch on the lake side of the cottage. The
Board reviewed this applicat1{H|l on May 3, 1984, and it was denied. Since tfjiis denial on May 3, ,my;maighiwr on Ipt 6 of Broadwater Beach,
Lake Noi 56-786* Sec. 7, Twp. py, Rongo 42 tn Dunn Twp. has received a pertnii to construct an additidh tojthe lake side of his cottage
that go^ beyond the string test that was set as the limitation on my request. I do not object 1^* the Construction, however, I do feel
that this is exir^ly unfair piid sti^gly feel that my application
Should be re-re\^1e»sd by the Bbbrd. /
o>
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iI believe it is pnly fair that I receive approval for construction of the small porch as requested. An eaCly and favorable reply would be
appreciated.
Yours Very Truly,
Paul Cagle
■ 4
■ V
OTTER TAIL COUNTYOffice of the County Auditor
Phone 218-739-2271
FERGUS FALLS, MINNESOTA 56537
SYLVIA G. BERGERUD, Auditor
RUTH BAKKEN, Deputy
Juie 15, 1984
Paul Cagley
3501 Evergreen Road
Fargo, M) 58103
Dear Mr. Cagley:
Vfe have ywr letter of June 13th regarding your denial of a variance and your neighbor
having cbtcdned a permit for a similar request, and can appreciate your consternation.
I have cdieckad both the minutes of the Board of MjxaBtment and the office of Land &
Resource Management and find the owner of Lot 6, Broadwater Beach, has not applied for
or obtained a permit for a variance.
The Land & Resource Management office vdll check this out.
Sincerely,
County Auditor
SGBergerud
June 13, 1984
Otter Tail County Board of Adjustment
Otter Tail County Court House
Fergus Falls, MN 56537
Ladies and Gentlemen of the Board;
My name is Paul Cagley and I own a cottage on lot 7 of Broadwater
Beach, Lake No. 56-786, Lake name - Pelican, Lake Class GO, Sec. 7,
Twp. 137, P>ange 42, Twp. name - Dunn and Fire No. P-3343. On
March 28, 1984, I filed an application for a variance to construct
a garage and a small porch on the lake side of the cottage. The
Board reviewed this application on May 3, 1984, and it was denied.
Since this denial on May 3, my neighbor on lot 6 of Broadwater Beach,
Lake No. 56-786, Sec. 7, Twp. 137, Range 42 in Dunn Twp. has received
a permit to construct an addition to the lake side of his cottage
that goes beyond the string test that was set as the limitation on
my request. I do not object to the construction, however, I do feel
that this is extremely unfair and strongly feel that my application
should be re-reviewed by the Board.
I believe itis only fair that I receive approval for construction of
the small porch as requested. An early and favorable reply would be
appreciated.
Yours Very Truly,
Paul Cagley
^6^0!
by:?
RECEIVED 1 198'!'“ V
JOHNSON. JOHNSON. STOKES, SANDBERG & KRAGNESS, LTD.
ATTORNEYS AT LAW
509 DAKOTA AVENUE
P O. BOX 1014
WAHPETON.NORTH DAKOTA 58075
PATRICK T. MILLOY <1933-19801 TELEPHONE
(70U 642-6616VERNON M. JOHNSON
MILDRED JOHNSON
A W STOKES
SIMONE M. SANDBERG
DUANE KRAGNESS
DAVID SNOEYENBOS
April 23, 1984
Otter Tail County Board of
Adjustment for a Variance
Otter Tail County Courthouse
Fergus Falls, MN 56537
RE: PAUL M. & JOAN M. CAGLEY VARIANCE
Gentlemen:
Our firm represents Joan Haakenstad who ovms a lake home
adjacent to Paul and Joan Cagley.
the adjoining property objects to the construction of a porch
on the lake side of the Cagley dwelling as proposed in the
enclosed notice for the following reasons:
Ms. Haakenstad as owner of
1.The proposed construction is in violation of the
ordinance.
2.Ms. Haakenstad's father an 85 year old semi-invalid
spends most of the summer at the lake enjoying the view which
is presently unobstructed.
3.The proposed construction will greatly diminish the
value of their property thereby reducing its resale value.
4.The ordinance was enacted to protect adjoining
property owners from infringing on neighbors rights.
5.The only individual to benefit by the construction
will be the applicant.
Please note our objections on the record as our clients may
not be able to appear at the hearing.
Sincerely,
r-
Duane Kragness
For the firm
DK:s j g
Enclosure
OTTER TAIL COUrJTY
ferfus Falls, Minnesota 56537
NOTICE OF HEARING FOR VARIANCE
APPLICANT MUST BE PltESENT AT SCHEDULED HEARING
TO WHOM IT MAY CONCERN:
?aul & Joan M, Cagley
5501 Evergreen Road
Ikrgo, IID 581C2
has made application to the Otter Tail County Board of Adjustment for.Variance las
per requirements of the Otter Tail County Shoreland Management Ordinance or the
The Otter Tail County Board of Adjustment will assemble
19 84 » at 7;00 p.m., in the Commissioners
(Please use Law Enforcement
Subdivision Controls Ordinance.
May 3rdfor this hearing on
jCou&ty Courtl^use. Fergus Falls, HN.Room of the Otter Tai
entrance).
This notice is to advise you that you may attend the above hearing and express your
views on the variance requested.
The property concerned in the application is legally described as
Lot 7 of Broadwater Beach
DunnTwp. NameLake7__Twp. 137 RangeSec.
Class GDLake Name Fell c.q.n
The variance requested is:
Would like to build 24 foot by 24 foot garage 5 feet from the road
ri^t-of-way and 2 feet from side lot line. (Should be 40' and 10»)
Also would like to consttuct porch on lake side of dwelling which would
be 48 feet from the ordinary high water mark,
Sevrage system #4323 is certified.
0Dated:_____ 0Board of (Adjustment Secre^ry
Att^i '*
t
-,*''S^■ ;V''
OTTER TAIL COUNTY
Fercus Fi^lls, Minnesota 56 537
\ ■ ■
NOTICE OF HEARING FOR VARIANCE
APPLICANT MUST BE PRESENT AT SCHEDULED HEARING
TO WHOM IT MAY CONCERN:
?aul M. & Joan M, Cagley
5501 Evergreen Road
Ekrgo, ITD 58102
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 or the
The Otter Tail County Board of Adjustment will assemble
19 84 , at 7;00 p.m., in the Commissioners
Subdivision Controls Ordinance.
May 5fdfor this hearing on
(Please use Law EnforcementRoom of the Otter Tail County Courthouse, Fergus Falls, MN.
entrance).
This notice is to advise you that you may attend the above hearing and express your
views on the variance requested.
The property concerned in the application is legally described as
Lot 7 of Broadwater Beach
BunnTwp. NameLakeSec. 7 Twp. 157 Range 42
Class . GLLake Name Pelican
The variance requested is:
(Would like to build 24 foot by 24 foot garage 5 feet from the road
right-of-way and 2 feet from side lot line. (Should be 40* and 10*)
Also would like to consttuct porch on lake side of dwelling which would
be 48 feet from the ordina-ry high v/ater mark.
Sev^age system #4323 is certified.
!
nDated:April TQR/I
Board of (/Adjustment Secre ry