HomeMy WebLinkAboutAllstopp_36000190138000_Complaints_Violations_Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center • 540 West Fir
Fergus Falls, MN 56537
Ph: 218-998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
19 June 06
Mr. Thomas Alstopp
367 Maple Island
Burnsville, MN 55337-5523
RE: Parcel #36000190138000 located on Spitzer Lake #56-160 NE Class
Sir:
In the process of investigating a citizen complaint concerning your property, I noticed
what appeared to be an older 4” well out on the point by the two old cabins. I see no
mention of it in the property records and see that the parcel is identified as a “primitive”
site.
Is this a water well and is it in service? If it is a water well and is not in service, and has
not been used in the past year, MN Well code requires that it be sealed by a licensed well
driller. If it is in service, a more complete septic system will be needed (at least 50’ from
the lake and on higher ground.
I noticed nothing else of note during my investigation.
Any information you might provide me on that “pipe” would be of assistance in closing
this matter out.
Sincerely,
Mark Ronning,
Inspector
li i lJ.; ^ ^
MAR 12 i-385MICHAEL L. KIRK
OTTER TAIL COUNTY ATTORNEY
ASSISTANTS:
WALDEMAR B. SENYK
DAVID J. HAUSER
BARBARA R. HANSON
CDURTHOUSeMarch 12, 1985 FERGUS FALLS. MN. 56537
TELEPHONE (2 18)739-2271
Mr. Thomas Allstopp
367 Maple Island Road
Burnsville, MN 55337
Re: Deparrment of Land and Resource Management
vs. Thomas Allstopp
Dear Mr. Allstopp:
This letter is to advise you that the inspectors from the Shoreland Management
Office have been out to your property and confirmed that the building has
now been moved in conformance with the Order of the Court. My only concern
in bringing the motion for contempt was to have the building moved. Since
that matter is taken care of, I will have the motion striken from the calendar.
Very truly yours.
David J. Hauser
DJH/mk
Office of Land & Resource Managementcc:
MEMO
2 81985
f'^sou.'^ce
Bill KalarTO:
L
David HauserFROM:i
February 28, 1985DATE:
State of Minnesota vs. Thomas AllstoppRE:
Please be advised that a motion has been scheduled in the above-mentioned
matter for Monday, March 4, 1985, at 11:30 a.m. in District Court, Courthouse,
Fergus Falls, Minnesota. Please contact me to discuss your involvement in this
matter.
DJH/nlb
I,t
DECEIVED
JUH 71984
lAND & RESOURCE
MICHAEL L. KIRK
□ TIER TAIL COUNTY ATTORNEY
ASSISTANTS:
WALDEMAR B. SENYK
DAVID J. HAUSER
courthouse
FERGUS FALLS, MN. 56537
July 16, 1984 TELEPHONE (2 I 81 739-227 1
Robert W. Bigwobd, Esq.
110 North Mill Street
Fergus Falls, MN 56537
State of Minnesota, County of Otter Tail,
Department of Land and Resource Management,
by its Administrator vs. Thomas Allstopp
RE:
Dear Rob:
Please find enclosed a copy of the Findings of Fact and Order filed witli
the District Court in the above-mentioned-matter:on July 16, 1984.
Very.truly.yoursi '
V
David J. Hauser
DJH/nlb
Enc.
cc:ffice of Land and Resource Management
^ECEiVED
JUH 71984
LAND & RESOURCi
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF OTTER TAIL EVENTH JUDICIAL DISTRICT
State of Minnesota, County of
Otter Tail, Department of Land
and Resource Management, by its
Administrator,
)
)
)
)
)
Plaintiffs, )
)
)FINDINGS OF FACT
AND ORDER
vs.3'3'^C /)
I” IL E D)Thomas Allstopp,
)
Defendant. )
JUL 16 1984
" ‘KENYON E. RUDD
CLERK OF DISTRICT COURT
OTTER T AIL COUNTY, SMNN.
FINDINGS” OF”'FACT"
That plaintiff, administrator of the Department of Land and Resource
Management, is charged by law with the supervision and enforcement of the Otter
Tail County Shoreland Management Ordinance, hereinafter referred to as tlie
197], and revised May 1, 1973; April 1, 1978;Ordinance, effective October 15,
and May 8, 1981.
II.
Tliat the purpose of the Ordinance is to regulate the use and orderly
development of sliorelands and to pi'cvent and eliminate pollution of public watei's
in the unincorporated areas of Otter Tail County.
III.
That the defendant caused a house to be moved to and placed on a parcel, of
property located on Spitzcr Lake described as being a part of lx>t 11 in Scc:tion 19,
Township 131 North, Range 39 West, and that the defendant is responsible for the
land uses and activities on that property which are contrary to the Ordinanc.e.
IV.
That Spitzer Lake, identified as //56-160, is located in Leaf Mountain Town-
sliip, Otter Tail County, and is classified as a natural environment lake by tlie
Department of Natural Resources of tbe State of Minnesota.
V.
That a building on defendant's property is not constructed and/or located
in accorance with tlie minimum setback standards of tlie Ordinance.
VI.
That on May 6, 1982, defendant's application for a variance was denied,
and since that date, the defendant has failed and refused to move said house and
continues to be in violation of the setback ordinance.
VII.
Tliat plaintiffs are gran ted authority • by provisions of the .Ordinance ^to — ■
apply to the District:Court‘to enforce compliance with and restrain^violations of
the Ordinance.
Vlll.
That the people of the State of Minnesota and the residents of the County of
Otter Tail will suffer irreparable harm and damage to their resources if tlie
defendant is not restrained from using a building which is not in compliance with
the Ordinance.
ORDER
NOW,-THEREF-ORE,-IT- IS .-HEREBY-ORDERED:
That defendant remove the building which has been_ illegally placi'd upon1.
tlie property which is the subject of this action on or before January 31, 1985.
That the provisions of the prior Stipulation between the parties, which2.
„w,a s_.s.igne_d „ on March. .1.5 ,„_19.8._.by. .the. ..defendant, . whic.h provided- that the deft'ndant,
and—his—family-or third - parties—under-his control, would not reside on the I'roperty
located on Spitzer Lake and that the defendant have a right to enter the property
only for purposes of inspection, protection and repair of the property, but not
for improvement purposes, shall remain in full force and effect.
/’AO ’uzDated
Judge of District (Court
-9-
; -
^x.§£iz.
■VJcJL^
C..\.
y/£■ 2 V e .UNSERYED PROCESS'•o.-'i^
i>6X^
,
MINNESOTA AHORNEY SERVICE BUREAU, INC.
p.o. hx jmST. kuiiMINNESOTA 55119 '\
cniiNTY DAKOTANDVEMBER 20^ TQR?DATED.
THE HERETO AHACHED PROCESS IS RETURNED UNSERVED FOR THE FOLLOWING REASONS
H AS REQUESTED
^ PERSONS UNKNOWN AT GIVEN ADDRESS
( ) MOVED, NEW ADDRESS UNKNOWN
UNABLE TO GET RESPONSE
ATTEMPTS AT SERVICE WITH NO RESPONSE. ALL HOURS DAY &JTXTTO^riJF’lMTLO^iENTTimABlFW’^RvFATraiSADDRE SS.
n /
SIGNED^7
-----A the motion of plaintiffs
{
J
PROCESS WORK ORDER FORM
Minnesota Attorney Service Bureau, Inc.
DuWayne 0. Lohrke, Sr., President
P. 0. Box 7638 • St. Paul, Minnesota 55119
Phone: (612) 738-1015 • Mobile Phone: (612) 371-1066
October 26, 1982Date
David J. Hauser State of Minnesota, et alFROM: ATTORNEY RE: PLAINTIFF.
Nanci Beuckens Thomas AllstoppVS: DEFENDANTSECRETARY
ADDRESS Otter Tail County Courthouse 82M-292FILE#
56537Fergus Falls, MNCITY
18/739-2271, Ext. 200PHONE
ENCLOSED HEREWITH YOU WILL FIND THE FOLLOWING DOCUMENTS FOR SERVICE
(X) SUMMONS & COMPLAINT (OR PETITION)
(X) ORDER TO SHOW CAUSE, ETC.
(X) NOTICE OF MOTION & MOTION, ETC.
( ) ORDER IN SUPPLEMENTARY PROCEEDINGS
( ) SUBPOENA WITH WITNESS FEES OF $ _____
( ) DEMAND FOR REMOVAL
( ) CANCELLATION CONTRACT FOR DEED
( ) GARNISHMENT SUMMONS & DISCLOSURE WITH FEE
( )
( )
(X ) PLEASE EXHIBIT AT TIME OF SERVICE THE SIGNATURE OF THE COURT APPEARING ON THE ORDER
(('I) RETURN ORIGINAL of Order to Show Cause
(X.) SERVE COPY (lES) ON
Thomas Allstopp EMPLOYER __
ADDRESS ^___
CITY ■•
DEFENDANT
367 Maple Island RoadADDRESS
iiurnsville, in'? 55337CITY
612/^35-7727 or 869-2600TELEPHONE TELEPHONE
( ) RUSH-RUSH SERVICE REQUESTED-SPECIAL SERVICE .
( ) DOES DEFENDANT EXPECT TO BE SERVED
( ) CAN DEFENDANT BE SERVED BY APPOINTMENT
( ) MAY THE PROCESS SERVER CONTACT PLAINTIFF
YES N0JL_
YES NO X
NO___
YES^ NO___
YES.
( ) BEST TIME TO SERVE DEFENDANT
( ) ADDITIONAL INSTRUCTIONS OR INFORMATION THAT WOULD BE HELPFUL IN SERVING DEFENDANT
( ) PLEASE SEND ADDITIONAL WORK ORDER FORMS - QUANTITY
(FORWARD THE ORIGINAL WORK ORDER AND RETAIN ONE COPY FOR YOUR FILES)
i
MICHAEL L. KIRK
□ TTER TAIL COUNTY ATTORNEY!
! ASSISTANTS:
j WALDEMAR B. SENYK
I DAVID J. HAUSER
COURTHOUSE
FERGUS FALLS, MN. 56537
July 16, 1982 TELEPHONE (2IB) 739-2271
I
Mrs. Thomas Allstopp
367 Maple Island
Burnsville, MN 55337
<I
I
I
RE; Placement of Home on Lot on Spltzer Lake<
)
Dear Mrs. Allstopp:
Some time ago I talked with you regarding the home that was moved onto
the lot belonging to you and your husband during the past winter. You
indicated that you would be attempting to find a- way to remove the home
from the lot and would be getting back to me wi'th further information.
I have not heard a reply from you or your husband as of this date.
I
I
i
It is necessary that we get this matter taken care of as soon as possi~
ble. Therefore, I ask that you immediately notify me as to'your‘intentions ’
with this structure. Unless some agreeable solution to the problem can be
arrived at, we will have to initiate legal proceedings to have the house
moved.: I will wait for 15 days from the date of this letter to initiate
such proceedings on the hope that you and your husband will contact
either myself or the Land and Resource Management Office to wprk out a
solution to this.
r
)
If you have any questions at all regarding this,,please feel free to
contact me.I
Very truly yours.1
i
Michael L. Kirk
I
MLK/nlb
: ^^^^colm Lee
i cc■i
(;
1
I
I
.
MICHAEL L. KIRK
□ TTER TAIL COUNTY ATTORNEY
ASSISTANTS;
WALDEMAR B. SENYK
DAVID J. HAUSER
COURTHOUSE
FERGUS FALLS, MN. 56537
TELEPHONE (21B) 739-2271
May 13, 1982
Mrs. Thomas Allstopp
367 Maple Island Road
Burnsville, MN 55337
Dear Mrs. Allstopp:
This letter is a follow up to our telephone conversation earlier this week.
I have discussed your circumstances with Malcolm Lee of the Land & Resource
Management Office. It appears that the lot you own is a substandard lot
created after the effective date of our Shoreland Ordinance. As such it is
a non-buildable lot, which means that you could use it for such things as
picnics and other activities, but could not construct or place a building
upon it.
Because of this, it is necessary that you either remove the building from
the lot, or obtain additional property to bring the lot in compliance with
our ordinance.If additional property is obtained, the building would have
to be placed on the lot in such a fashion as to comply with our ordinance.
If you have any questions regarding this, please feel free to contact me.
Very truly yours.
Michael L. Kirk
MLK/mk , -
cc: Mr. Malcolm Lee
. Xo
MALCOLM LEE, SHORELANd OFFICE
,■ ,