Posted: 8/30/05
Land dispute stalls variance
By Jane Palen
Managing Editor
Betty Schwirtz of 123 West Caledonia Street in Caledonia bought a 30 x 60 piece of property eight years ago to enlarge her back yard. The parcel adjoins the 50 ft. x 90 ft. parcel on which her house now sits. Sheís planted some trees and a garden, and keeps the lawn trimmed. But sheís run into a problem with her little strip of land. She found out recently that a survey done on the land shows that not only is she not the owner, the person who sold it to her wasnít the owner eitheróand neither ever suspected that the land wasnít theirs.
The issue came to light at the Caledonia City Council meeting of August 22, when the council held a public hearing to consider a variance for Peter Molling, who has bought the B& D Seal coating business from Duane Strub and Laverne Anderson. He is seeking a variance for a 50' x 72' building. A survey of the area shows that the land actually belongs with the parcel being sold by Strub.
ìI donít care if they build,î said Schwirtz. ìIt will probably be an improvement.î But losing part of what she thought was her yard, and which she paid for, upsets her. She noted that she hasí probably been paying more in taxes than necessary as well.
At the meeting, City Clerk Administrator Robert Nelson explained that Grant Street west of Kingston is an abandoned railroad right of way. It was originally 90 feet wide, but eventually was reduced to 60 ft. to match up with East Grant Street. The other 30 feet was returned to the landowners on the south.
Other neighbors, Steve and Mary Halverson, presented the council with a letter objecting to the granting of a variance due to the the possible encroachment on neighboring parcels and the question over property boundaries. Also present at the meeting was Ione Frank, who sold the land to Schwirtz, Tom and Peter Molling, Herbie Erickson and Duane Strub.
Schwirtz and Frank said they did not understand how land could be transferred if the descriptions are wrong. Tom Molling said he believes previous land descriptions were incorrect because ìpeople were measuring from the wrong pins.î The survey and the land descritions that are recorded donít always match up, he said.
The latest survey by Massey Land Surveying was prepared in February of 2004.
Schwirtz said that she has contacted a survey firm and may get a survey of her own done, depending on the cost.
ìIf itís too expensive, Iíll have to let it go,î she said.
Mayor Mike Morey said at the meeting that ìWe are not in the business of settling land disputes. Weíre here to consider variances.î
The council agreed that it could not consider the variance until the dispute is settled.
Intersection safety still on agenda
As the school year approaches, the council continues to work on gaining approval from the Minnesota Department of Transportation for the installation of warning lights at the intersection of Esch Drive and Highway 44/76. The city is asking that lights be flashing for one hour before school and one hour after school. In its supporting documentation, the council noted that the traffic count on April 1, 2005, was 569 vehicles and seven pedestrians in the morning and 665 vehicles and 29 pedestrians in the afternoon.
The school district and the city have agreed to pay up to $6,000 each for the installation of the warning lights.
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
E-Mail: editor.argus@ecm-inc.com