HomeMy WebLinkAboutAllstopp_36000190138000_Variances_08-04-1983s-4- ms
: i ^ • .R ^CEIVE^
JUN2 11983
APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA
•> •
10.00Application Fee $i '
land & RESOURCE
Phone: 612-435-7727Owner: Allstopp Thomas L.
Last Name First Middle
367 Maple Island Road 55337BurnsvilleMinnesota
Street & No.City State Zip No.
56-160 Spitz er NELake No.Lake Name Lake Class
17-70 131 Twp. Name Leaf MountainRange 39Sec.Twp.
Legal Description:Lot No.Block No.
See Attached Sub-Division Name: None
Parcel Number None
Explain your problem here:
Request variance from setback requirement of 200 feet on Ne
lake to 30 feet (distance from current dwelling to nearest shoreline) or
in the alternative 70 feet.
Reasons for variance:
1.The land is unique. It is a peninsula where a structure
cannot be constructed which is more than 70 feet from the water, even
though the necessary square footage is met. (Minimum square footage is
80,000 square feet. Applicant's tract contains 108,900 square feet.)
Without the variance the applicant would be unable to maintain
a dwelling on this property despite having m.ore than sufficient area and lake
front, thereby depriving him of a substantial amount of its value.
(Continued on attached)
2.
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.
■/
Application dated.
Signa re'df A pplicant
— DO NOT USE SPACE BELOW—
V ^Date of hearing Time M.
Court House, Fergus Falls, MN. 56537
DEVIATION APPROVED this_____
(OR ATTACHED) REQUIREMENTS:
day of . 19____W! TH THE FOL L OWING
Signature:
Chairman
Otter Tail Board of AdjustmentMKL 0483 -001
215601@
VICTOR LUNOEEN CO . PRInT£RS. fEROwS ^»LLS.
V
(Continuation from application for variance)
The wife of the applicant is disabled, and to
locate a recreational cabin more than even 30 feet from the
lakeshore creates extreme hardship for her in reaching the
lakeshore.
3.
The minimum setback requirement on natural environ
ment lakes relates more to the aesthetics of the natural look
of the lakeshore than to overuse or overcrowding; and, in
connection with the other reasons stated, justifies a waiver
in this instance.
4.
It would not in any way be contrary to the public
interest or damaging to the rights of other persons or to
property values in the area.
5.
Applicant does not believe that the granting of the
variance will be contrary to management policies of the area,
as it does not relate to overuse or extra pressure on this
Applicant is committed to making a
structure which is compatible with the surrounding environ
ment .
6.
natural environment lake.
Due to these exceptional circumstances, the strict
enforcement of the setback standard would cause the applicant
unnecessary hardship and strict conformity with the
standards, would be unreasonable and impracticable.
Therefore, the applicant respectfully requests the Board
of Adjustment to permit a variance from the standard as
requested.
RWB
1S83157.1
f .A.
August 5, 19832Board of Adjustment
•U’.
Betty Aughenbaugh (Cont'd), things which interfer with private use of property.
Approval contingent upon the bottom of the fence being no closer than one foot from
the ground, constructed of wood suitable for weathering, louvered to permit a free
flow of air, further contingent upon location of 55 from high water mark, length
155', no closer to the lot line than two feet to the adjoining property.The
motion was seconded by Frank Lachowitzer and carried.
omas 1. AllstoppS'ltt^svi 1 le . MN ,requests variance from the 200 feet set back
I for placing dwelling on a peninsula in G.L. 11, Section 19, Leaf Mountain Township.
P Mr. Allstopp appeared together with his attorney, Robert Bigwood. After considerable
discussion, motion was made by Tom Stringer to deny, failure to show hardship, the
property clearly has a use, picnic, non building uses, other activities that do not
involve a dwelling, dealing with a Natural Environment classification lake that re
quires a 200' set back, problem with a septic system. Comments made were not con
vincing that the aesthetics of the view of this property from the water surface are
not negatively effected by this structure located where it is, or at any other lo
cation on this property. There is no assurance that any topography would hide this
structure from view from people using the lake on the water surface, which is a negative
impact on the aesthetics. The precedential value that would be set by allowing this
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sort of thing for other peninsulas, narrow isthmuses, would not be consistant with the
spirit of Otter Tail County. Not taking into account the disability of the applicant's'
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spouse, a consideration this Board does not enter into, because it is a totally tem
porary condition maybe unique to the present owner but not something that necessarily
stays with the property. Consideration to the town board's comments, being maybe not
specifically to this particular instance, but possibly the resolution. May the re
cord show that at a previous meeting in May of 1982 when the matter was previously
aired, there was opposition which should be taken into account. The motion was
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seconded by John Everts and carried.
OTTER TAIL COUNTY
Fergus Falls, Minnesota 56537
NOTICE OF HEARING FOR VARIANCE
TO WHOM IT MAY CONCERN:
Thomas L. Allstopp
367 Maple Island Road
Burnsville, MN.55337
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
Subdivision Controls Ordinance.The Otter Tail County Board of Adjustment will assemble
19 83 , at 7:00August kfor this hearing on p.m., in the Commissioners
Room of the Otter Tail County Courthouse, Fergus Falls, MN.(Please use Law Enforcement
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
56-160 Twp.
131 39 •Leaf MoimtainLake No.Sec.Range Twp. Name
Spitze.r NELake Name Class
The variance requested is:
Requests 30' set back rather than the required 200' - current dwelling 30' frem nearest shoreline
:i
C)July 13, 1983Dated:
Board Adjustment Seofetary
White - Office
‘ Yellow —'Owner
'Pink — Township
APPLICATION FOR VARIANCE
FROM
Otter Tail County, Minnesota
^ S 77 LAh/h o£>
Phone NoOwner;
Last Name MiddleFirst
O,io1 MfiFL e L/Wp o MaL
State Zip No.Street & No.City
A/ £Lake ClassLegal Description: Lake No..
Sec.I2l^
Lake Name i
LH 37Range Twp. Name ^Twp.
EXPLAIN YOUR PROBLEM HERE:
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In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps,
plans, information about surrounding property, etc.J
//^ ^ ' <■
1R .XApplication dated.
Signature^of^ pplicant
—DO NOT USE SPACE BELOW—
C-Time M.Date of hearing
Couri House, Fergus Falls, MN. 56537
., 19____WITH THE FOLLOWINGday of_DEVIATION APPROVED this______
(OR A TTACHED) REQUIREMENTS:
Signature.
Choirmon
Otter Tail Board of Adjustment[^fVIfW BATTIE LAKE. MINNESOTA
2 May 6, 1982
Ricky Wasvik, Fergus Falls, MN, requests permission to build a 22' x 22' double
garage on Lot 35, Wall Lake Point, .jjarie Prairie Township. 3 to 5 feet from lot
line, about 12' to 15 from the road.Motion was made by John Everts, seconded
by Craig Anderson and carried, to approve the request, hardship being able to
enjoy the same privilege
ot Dane Prairie Township Uoard.
the neighbors enjoy. Approval contingent upon approval
Harold Haugrud, Barnesville, MN, requests permission to install drainfield 15
away from home rather than the required 20', on Lot 9, Peterson Lakeshore tracts,'
in Section 28 of Dunn Township,
by Craig Anderson, seconded by Wilfred Estes and carried, to deny request as sub-
Motion was made by Craig Anderson, seconded by John Everts and carried,
After considerable discussion, motion was made
mitted.4
to approve, Fred Buck, neighbor and Town Board approval, a side lot variance of
at least 5' on either side, 20 feet from the house, fiardship being getting reasonable
use of property and because of prior variances showing good faith in going to the
township for the best method possible.
Michael Manuel , Minneapolis, MN, requests permission to construct a dwelling 135
feet from lake, rather tiian the required 200 feet, on Lot 1, Ra tl i ff Estates, Eagle
Lake Township.After considerable discussion, motion was made by Craig Anderson,
seconded by Tom Stringer and carried, to deny application, with the record to reflect
jihomas Allstopp, Buidnsville, MN, requests permission to allow a cabin to remain on
a substandard lot in non-compliance
Mountain Township. After discussion and after listening to the various interested
lake of showing of hardship.
• ■■
on a tract of land in Section 19 Leaf
parties, motion was made by Tom Stringer, seconded by John Everts and carried, to
deny approval , because of failure to prove a hardship shown for justifying violating
the standards set forth in the ordinance.
I
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2-GRID PLOT PLAN SKETCHING FORM.feet/inches.Scale: Each grid equals
19^2Application for Building Permit Dated.
Application for Sewage System Permit Dated .19
Sewage System Permit Number.Building Permit Number
Applicant agrees that this plot plan is a part of application (s) indj^ec^above.
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Dated
'Sign atu re
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159104 ®MKL-p871-029 ■ FCltSU* rALkS.VKT9* UMDIIH A 60..!■
-oScale: Each grid /—_____
Application for Building Permit Dated
Application foi(Sewage Syst^ Permit Dated
GRID PLOT PLAN SKETCHING FORM.feet/inches.
4/ T 19
ri9.
Sewage System Permit NumberBuilding Permit Number
Applicant agrees that this plot plan is a part of application (s) indicate^ above.
19Dated.^ € Yg rtVf u r 8
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Lake: /.
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Existing
Cabins__\
V \Existing Cabin \
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2.51 Act
S86°j5y^y*------------------------ - ~ ~ 't^3_^09‘33"w
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Existing \ \ Cabin \\ \
That part of Government Lot 11, and the riparian rights thereof Section 19,
Township 131 North, Range 39 West Otter Tail County, Minnesota, described as
follows:20' easement
Commencing at the southeast corner of said Section 19;
thence on an assumed bearing of NORTH along the east line of said Section
19 a record distance of 852 feet to the center line of County Highv.ay 38;
thence continuing NORTH along said east line 3003.89 feet to meander Corner
No. 25;
thence SOUTH 24.2 feet to the beginning of a line hereinafter referred to
as "Line A";
thence North 82 degrees 49 minutes 43 seconds West 196,71 feet, along said
"Line A";
thence North 9 degrees 34 minutes 52 seconds West 148.13 feet, along said
"Line A";
thence North 28 degrees 22 minutes 36 seconds West 440.09 feet, along said
"Line A";
f
I hereby certify that this survey, p!an, or
report was prepared by me or under my
oirecf supervision and that I
Registered Land Surveyor Qfw a duJy
®'*^^^|^L^?C.j/R»Sistrotion No
. 13077
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thence North 21 degrees 41 minutes 44 seconds West 409.86 feet, along said
"Line A";
thence North 83 degrees 09 minutes 23 seconds West 122.49 feet to the point
of beginning of the land to be described; and said "Line A" there terminating;
thence South 16 degrees 14 minutes 00 seconds West 106 feet more or less
to the shore line of SpTCzer Lake;
thence westerly, northerly and easterly, respectively along said shoreline
1458 feet more or less to the intersection of a line bearing North 19 degrees
23 minutes 00 seconds West from the point of beginning;
thence South 19 degrees 23 minutes 00 seconds East 183 feet more or less
to the point of beginning; Containing 2.51 acres more or less.
Together with an easement 20,00 feet in width over, under and across said
Government Lot 11, the center line of said easement is the aforesaid "Line A".
The side lines of said easement are prolonged to terminate at the east line of
the afore described 2.51 acre parcel.
Together with an existing road easement as described in Book 374 of Deeds, page
,403.
i
Suryeyor Note: The original Government survey of Government Lot 11 indicates
the area to be 5.40 Acres. This did not take into account the north fork of the peninsula. A resurvey of the total area of
Government Lot 11 in 1957 by Kermit T. Bjorgun has the area to be 9.4 acres.
Survey Site
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SURVEY FOR
AREA MAP
bm AUstoppTx!
SYMBOL- • -• iron monument found
SYMBOL- O - i/2" iron pipe set and marked
with plastic cap numbered"RLS 13077
tvi 5:fs I-..«o ftGov Lot //, Sec 19, TI3IN, R39W
Otter Tail County, Minn.
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3. E. Corner Section !9 '
-.
OTTER TAIL COUNTY
Fergus Falls, Minnesota 56537
NOTICE OF HEARING FOR VARIANCE
TO WHOM IT MAY CONCERN:
Tho-ras Langley Allstnpn 367 Mnpio tsland Uoad
nun.p''i ’In,VN. 55337
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
Subdivision Controls Ordinance.The Otter Tail County Board of Adjustment will assemble
for this hearing on May 6th,p,m., in the Commissioners19 82 , at 7:30
(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 ir legally described as
5(>-l6n 17-20 131 70 Ije«f Mountain
Lake No.Sec.Twp.Range Twp. Name
SpitzcrLake Name NEClass
The variance requested is:
' isL«*s ’o place cabin on a substandard TbT‘Tfh%-‘^3A~44JuJ^6* from shoreline r»rtber^
tbor tl’.r required 200*. ^r
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QApril 19th, 1082
/■Tldol Adjur-.tmnnt Swretary
Dated:
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0T7064 S MVD195 JUN 08 1983 09:01s39
MN. MN062015V, MIM05600R1.
TXT
REFER TO REQUEST ON LIC/RA04620
VEHICLE IS A 1964 HILO TRAILER, VIN/4197, LAST REGISTERED DEC, 1976
TO THOMAS L ALLSTOPP, 367 MAPLE ROAD, BURNSVILLE.
MVD HZ
06/08/83 09:01:42V
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6 1 2-524-2683 r t
Marquette Excavating
TRENCHING & BACKHOE SERVICE
KEVIN MARQUETTE Brandon. Minnesota 5631 S
0T7007 0TL007 JUN 06 19S3 14:22s48 06/06/83 14:22:49
TXT
NOT ON FILE LIC/RA04620
NO HIT
QMR LIC/RA04620„LIS/MN,LIY/76
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