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Home My WebLink About17000991947000_Variances_09-01-19834 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA Application Fee $10.00 Owner;Baggart William L.Phone:5-12-2-16Q Last Name First Middle 220 8th Street South Fargo City ND 581 0'^ Street & No.State Zip No. 56-786Lake No.PelicanLake Name Lake Class r.n A 137Sec.A2Twp.Range Twp. Name Diinn E 10' of Lot 29 Blk 2 ex. tr, and all of Lot 28 Blk 2, Pelican point. Legal Description;Lot No.Block No. Sub-Division Name: Parcel Number Explain your problem here: I added to an existing garage building that was 15' X 22’. I did not encroach upon the lot line, but the present building is 20' X 36' with a carport attached, which is in line with the existing building. I am requesting a variance to be allowed to retain the present location. 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. / 7-22Application dated.19 83 .X Signature of Appll^rft — DO NOT USE SPACE BELOW— Tf(3. 83SeptemberDate of hearing 19.M. Court House, Fergus Falls, MN. 56537 DEVIATION APPROVED this_____ (OR A TTACHED) REQUIREMENTS: day oL ., 19___W! TH THE POLL OWING Signature: Chairman Otter Tail Board of AdjustmentMKL 0483 001 2IS601@ VICTOA LUNOEEN CO . PMlNTERK. FERGUS ‘*LLS. LAW OFFICES ARVESEN. DONOHO, LUNDEEN, HOFF, SVINGEN 8e ATHENS 125 SOUTH MILL STREET FERGUS Falls, Minnesota 56537 P. 0. BOX 697NORMAN D. ARVESEN THOMAS S. DONOHO DAVID F. LUNDEEN PETER A. HOFF R. KRISTIAN SVINGEN THOMAS C. ATHENS SEP 8 1983 AREA CODE 218 736*5456 ROBERT L. RUSSELL GREGG B. NELSON ATTORNEYS AT LAW & RESOURCE September 7, 1983 Office of Land & Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 RE: William L. Haggart Applications Dear Sir or Madam: This letter will confirm my request for the following: A copy of the Minutes of the Board of Adjustment for the meeting held September 1, 1983 at which the Board denied Mr. Haggart's application for a variance, A copy of your notice to Mr. Haggart of the action taken by the Board on his application. Copies of all future communications between your office and Mr. Haggart under the Shoreland Management Ordinance. Copies of any additional applications for permits or other actions filed by Mr. Haggart. As indicated above, I want to be kept informed of any developments regarding the Haggart property and to have copies of any documents or correspondence relating to it. I represent Phillip Rostad and Ruth Rostad, the owners of the property along the west botindary of the Haggarts' lot. Yot^s very truly,^ 1. 2. 3. 4. C.. 'Jpr, A ' Vavid F. Lundeen cjr cc Phillip and Ruth Rostad Office of Land & Resource Management Page 2 September 7, 1983 P.S. Please send me a copy of the County Ordinance which estab lished or created the Board of Adjustment, and the rules that the Board of Adjustment has adopted for the transaction of its business (rules of procedure). DFLmdeen Form No. 5070 MUler-Davis Co.. Minneapolis Complaint-Summons for Miademeanor or Petty MisdemeanorSheet 1 CP FORM 2.01 L. F. STATE OF MINNESOTA COUNTY COURT OTTER TAILCOUNTY OF COMPLAINT-SUMMONS FOR MISDEMEANOR State of Minnesota , Plaintiff, 83431SCounty Court File No.vs. 83M-378CountyWILLIAM L. HAGGART , Defendant.Attorney File No. 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-neimed Defendant committed the offense described below. The Complainant states that the following facts establish PROBABLE CAUSE: Complainant, Malcolm Lee, is the duly acting and appointed Administrator for the Otter Tail County Department of Land and Resource Management, who received information regarding the below-described offense. On July 15, 1983 Tim Griep of complainant's department inspected property owned by William L. Haggart, hereinafter referred to as the defendant. The property is described as the East 10 feet of Lot 29, Block 2, except tracts and Lot 28 of Block 2, all on Pelican Point, Section 4, Township 137, Range 42, which is located on Pelican Lake. Mr. Griep observed new construction in the form of a garage and carport. Mr. Griep measured the building and found that it was 20 feet by 36 feet and that it was positioned on the property owned by the defendant in such a manner as to be within five feet of the lot line instead of the minimum setback required of 10 feet from the lot line. The defendant was issued Violation #748 by the Office of Land and Resource Management on July 18, 1983, The defendant had made an application for and had been issued a site permit on May 19, 1983 to construct an addition to his existing garage. On the site permit application the defendant had indicated that the side yard setback would be 10 feet on either side of the building. Form No» 5070 Miller-DavisCo., MinneapoUa Complaint-Summona for Misdemeanor or Petty MisdemeanorSheet 2 CP FORM 2.01 L. F. The above-facts constitute the Complainants basis for believing that the above-named Defendant, on 15th , 19_^at_ in the above-named County, committed the following described ■ OFFENSE Charge: ERECTING OR INSTALLING A STRUCTURE IN VIOLATION OF MINIlfllM SIDE YARD SETBACK REQUIREMENT In violation of Section: III. 4. b. and VI. 7. h. of the. Shoreland Management Ordinanrp nF Dunn TownshipJuly.day oLthe.(Location) Otter Tail County, Minnesota 0-90 days and/or $500.00 finePenalty: That at the above stated time and place and within the jurisdiction of this Court, one WILLIAM L. HAGGART, then and there being, hereinafter referred to as the defendant, did willfully, wrongfully and unlawfully erect or install a structure within five feet of his lot line when the minimum lot line set back requirement was 10 feet, contrary to the form of said ordinance made and provided and against the peace and dignity of the State of Minnesota. 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 Dated: P’3 rnmplainant Signature of CTomgiaf^nt Being duly authorized to prosecute the offense charged, I hereby^p^irc^int. >'(seclfdng Attorney) David J. Hauser, Asst. Otter Tail County Attorney, Courthouse, Fergus Falls, MN 56537 Addresa;Prosecuting Attorney Name;Title;Telephone No. .(J 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. I'he Defendant is therefore charged with the above- stated offense. SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the 26th-----^day of—September ^ la 83o’clock 5.m., before the above-named Court at Otter Tail County Courtroom A, Courthouse^, answer this complaint. Fergus Falls, ^^Tmeso'fr;5^'^37 IF YOU FAIL TO APPEAR in response to this SummWis, a nt for your arrest may be isSifed. This Complaint-Summons was sworn to, subscribed belbrev-amli^^ August--^ ndersigned/authorized 24 thIssuing Officer this.day of.19. 6 *ls£uirg Officer Signature FT.T.TDTT n. ROF. County Judge Print Name. Title- Sworn testimony has been given before the Issuing Officer by the following witnesses: E 03c-2 S >>0 3^ g-s S CC Q> Ph >tJ I rC “Sis CM • o o O -H o CO 00 CO •• m 00 o OS sat tHoCO4Jm>CO Q CMa2 CO<Pi s Xi 00 00a H - «.uoOCO00 o vD.3 • •>»COa bOQ CMo aCM OS a CT' CM a M cdaoX Si oZ 5 S ^Q> > a (u ifp_ - o ^ asaa • •■s aa «Io aagaCO <!g O g e^- CO fe CO sa o • S oaX3•• aSM Q MocdOacd9Oo.jC Qa o Q a o3 3 >s >>CO_o 00CO 3 3002-e o.OSa 0>3>a C o QCMQ:z o0 S ^ a o <a Z a § < S a H “ S Q1 a CO Z g i < S ^ ^ g a o <w ^ X) o 0*3 a E-^<T3aHCMao03i ^ z a CJCl HS H CCO 4.)8 ^ > c E-< -i-i12: E It)o ^X o V a o wa a 4J a 00 coc:0Ma a<2(U O O-OIZ >, ohacarS H O a X) a5 o g g a8 g Q)\o co5M a cd<a 3h a X3HOSa12;0<d a ■o .oaPH<u X!6'^ IbeoaaMo >»oa a o a l)epartnient of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 MALCOLM K. LEE, Administrator July 26, 1983 William L. Haggart 220 8th St. S. Fargo, ND 58103 Dear Mr. Haggart: This is to inform you that we must proceed in sending you violation #748 on Pelican Lake (56-786). variance application and the Board of Adjustment's decision will determine if we need to proceed further. However, we are processing your (“Sincere iy, V ' ^ Tim Gtiep Inspec tor apk Enc. SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE SOLID WASTE ORDINANCE SEWAGE SVSTEM CLEANERS ORL ' V, ,\CE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION FUEL AND ENERGY COORDINATIONRIGHT-OF-WAY SETBACK ORDINANCE t *