HomeMy WebLinkAbout17000990614000_Variances_01-07-1988APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA Receipt No._j
Application Fee $673684
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First MiddleLast Name
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Zip No.City StateStreet & No.
S<^ - 7SL <3X>Lake ClassLake NameLake No.
£137 Dun/n/HA Twp. NameTwp.RangeSec.
Legal Description:Block No.Lot No.
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Sub-Division Name:V' VV ' /‘7
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Parcel Number
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/r? OFt/er 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.
(O-Application dated 1 . X
Signature of Applicant
— DO NOT USE SPACE BELOW—
Date of hearing 19.Time M.
Court House, Fergus Falls, MN. 56537
DEVIATION APPROVED this______
(OR A TTACHED) REOUIREMENTS:
HaAch 3f 19SS, tabled to kpnJJL 7, 79SS [no 6hou)).
day of.19_____WITH THE FOLLOWING
i\};pAovtd on the condition the ^ence doa> not come
out any ^uAtheA than the back ol the buiZdingL>, hoAcUhlp
being a ^ub^tandaAd lot with cAOMed condition^).
ApAil 7, 19S8
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SIgnatureiz:
Chairman
Otter Tail Board of AdjustmentMKL 0483 001
231.616 — Victor Lundeen Co.. Printers, Fergus Falls, Minnesota
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Form No. 5070 business records corpora’’ n Minnesota^ ~ 'liaInt-Summons for Misdemeanor or Petty MisdemeanorSheet 1
CP FORM 2.01 L. F.
RECfeiVi-D
D£C X Q1S37
j^D&RESQIiorp
DISTRICT-grow COURTSTATE OF MINNESOTA
OTTER TAIL COMPLAINT-SUMMONS• COUNTY OF
FOR
MISDEMEANORSTATE OF MINNESOTA , Plaintiff,
T3'i;-n44?Court File No.vs.
87M-354CountyBRENT CAVALLIN , Defendant. _
R.R. #1 Box 186, Detroit Lakes, MN 56501
COMPLAINT
The Complainant being duly sworn, makes complaint to the above-named Court and states that there is
probable cause to believe that the above-named Defendant committed the offense described below. The
Complainant states that the following facts establish PROBABLE CAUSE:
Attorney File No.
Complainant/ Bill Kalac/ is a duly acting and appointed Assistant Administrator with
the Office of Leuid and Resource Mcinagement who investigated and received information
regarding the below-described offense. On May 15/ 1987/ the Office of Land eind
Resource Management received a conplaint that Brent Cavallin was constructing a vision
obstructing fence on the property line of his lot on Pelican Lake. Comnplainant went
out to the property and observed that a fence was under construction/ that it was on
the property line and that it was vision obstructing. Complainant left a notice that
no further work should be done and that the Office of Land and Resource Management
should be contacted. Brent Cavallin did contact the office and on May 28, 1987
conplainant spoke with Mr. Cavallin. Cavallin was advised that he would either have
to remove some of the boards so that the fence would not be vision obstructing/
relocate the fence so that it would comply with the setback/ or obtain a variance
which would allow the fence to remain in its present condition and location. Cavallin
stated that he wished to obtain a variance and was given the necessary forms to make
that application. Cavallin never applied for a variance. Complainant inspected the
property on Octoer 12/ 1987 and the fence was still at the original location right on
the property line.
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U >CF FORM 2.01 L. F.
believing that the above-named Defendant, on Scambler Tovmship ___ _______The above-facts constitute the Complainants basis for
19 atblforffie15 th Mayday of
in the above-named County, committed the following described
OFFENSE
BUILDING A STRUCTURE WITHIN THE SETBACK AREA
iLoiaiion)
Charge: _________________________________________________________________________
In violation of Otter Tail County Shoreland Management Ordinance III.4.
Penalty: 0-90 days and/or $700.00 fine
That at the above-stated time and place and within the jurisdiction of this Court/ one
BRENT CAVALLIN/ then and there being/ hereinafter referred to as the defendant/ did
willfully/ wrongfully and unlawfully construct a structure/ to-wit:
obstructing fence/ within ten feet of his property line/ contrary to the form of said
Ordinance made and provided and against the peace and dignity of the State of
Minnesota.
a vision
THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release where
applicable.
(1) be arrested or that other lawful steps be taken to obtain Defendants appearance in court; or
(2) be detained, if already in custody, pending further proceedings;
and that said Defendant otherwise be dealt with according to law.
/ 1987December
Hcing duli’ authorized to prosecute the olTense charged, I h/reny
Complainant.
SignalurF of Co lanl
plaint.
4^1 Pro!4Fculing Allort^vi
Waldpmar B. Spnyk, Asst. Otter Tail County Attorney/ Courthouse/ Fergus Falls/ MN
/^ilornev Niunc; I’illf; AddreB*i: 'i'eli-pfioMf No. 218/V39“2271 / EXt 200
FINDING 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 to be taken to obtain Defendants appearance in Court, or
detention, if already in custody, pending further proceedings. The Defendant is therefore charged with the above-
stated offense.
SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear onthe 4th Hay of_____January 19^8 9:30 o’clock ^ vm., before the
above-named Court at Otter Tail County 3rd Floor Dist. Court answer this complaint.
Fergus Falls, Ml'm¥e^’tytf^!""''5f*6‘5’37
IF YOU FAIL TO APPEAR in response to this Summons, a warrant for your arrest may be issued.
This Complaint-Summons was sworn to, subscribed before, and issued by the undersigned authorized
December 19-^17 th day ofIssuing Officer this.
Harlan L. NelsonPrint Name.
Title..TimCF. OF DISTRICT CDURT
Sworn testimony has been given before the Issuing Officer by the following witnesses:
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April 7, 1988- 3Board of Adjustment
Robert J, Flatin, Rothsay, MN, requested permission to replace
existing cabin with a new 30' x 30' home, on Lot 10, San-Dee-Cove
Beach, Lida Township on Lake Lida. Motion was made by George Walter
to allow variance to rebuild, but not allow the second building to
remain as a dwelling. The motion was seconded by Craig Anderson but
failed with Oehler, Johnson, Everts and Trites voting "no". Motion
was made by John Everts to allow a single dwelling if he replaces
the old cabin with a new cabin and it is the only dwelling on the
lot. The motion was seconded by David Trites, but withdrawn prior
to vote. Motion was made by Carl Johnson to grant variance as re
quested, allowing the second dwelling on the lot. The motion died
for lack of a second.
the old cabin to be replaced with a new structure, on the condition
all other buildings on lot be brought into compliance. The motion
was seconded by Craig Anderson but failed with Johnson, Everts and
Walter voting "no". Motion was made by Dave Trites, seconded by
Dan Oehler and unanimously carried, to table for reconsideration by
Mr. Flatin, as to his request.
ROBERT J. FLATIN
TABLED
Motion was made by David Trites to allow
Raymond Kassahn, Breckenridge, MN, along with Clair McBeth, Douglas
Willmott, Burton Overgaard, requested permission to allow a 14' x
68' mobile home and an 8' x 26' camper trailer to be located on
two lots in G.L. 4, Section 3, Everts Township on Otter Tail Lake,
with both structures being located on one of the two lots. Speaking
were Wayne Brendefur and Joan Bates. After consideration, motion
was made by Craig Anderson, seconded by David Trites and unanimously
carried, to deny, no hardship shown for granting two dwellings on
one lot.
KASSAHN, McBETH, WILLMOTT, OVERGAARD
DENIED
Alvin Schmidt, Fergus Falls, MN, tabled from the December and March
meetings was returned for further consideration,
by Craig Anderson, seconded by Carl Johnson and carried with Dan
Oehler voting "no", to deny. Motion was then made by David Trites,
seconded by Carl Johnson and unanimously carried, to recommend to
future Board of Adjustment to grant a variance to permit a building
to be placed on Lot 17 when a specific plan is presented.
ALVIN SCHMIDT
DENIED Motion was made
Brent Cavallin, Detroit Lakes, MN, requested permission to allow a
fence to remain as presently located on the W 44' of Lot 19, Killar-
ney Beach, Pelican Lake in Dunn Twp. After consideration, motion
was made by Carl Johnson, seconded by Dan Oehler and carried with
Craig Anderson and John Everts voting "no", to approve the variance,
on the condition the fence does not come out any further than the
back of the buildings, hardship being a substandard lot with crowded
conditions. ___
BRENT CAVALLIN
APPROVED
Mike Hackl, Pelican Rapids, MN, returned from the March : meeting, requesting further consideration on permission granted, with no
further action by the Board, stating the March decision stands as
no new information was presented.
With no further business. Chairman Walter declared the meeting
adjourned at 11 ;40 p,m ..
MIKE HACKL
NO ACTION
ADJOURNMENT
/j J/7j ^no ^ Jj^,
Acting _S ntary(J