HomeMy WebLinkAbout37000100054011_Variances_06-11-2020r
1242166
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/RESISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
08/10/2020 09:38 AM
FEE; 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
Date Stamp
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RECEIVED
MAY I 8 2820
AND & RESOURCE
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L&R Initial
THI ABOVi SPACE IS RtSlRVlD (OR THE COUNTTr RECORDER
APPLICATION FOR VARIANCE
COUNTY or OTTlRTAiL
Government Services Center. S40 W Fir Ave, Fergus Falls MN 56537
218-998 8095
wwvy CO Otter tail mn.us9.Tn«T«(i
Application Fee
Receipt Number
Accepted by Date
Property Owner
Name Justin Studsrud
Address 44662 Co. Hwy 31
aty Pelican Rapids
State MN
Zip 56572
Daytime
Phone 701-260-6212
Email jstudsrud@gmail.com
I Parcel Information
Lake Class qEN DEVLake NameLake No j 56-747 LAKE LIDA
'6l_OOOJVj){25iPLLwgggajLuaaoooParcel Number(s)
d lnoD no!Parcel Number(s)
Section' Township Name
Legal Description
LIDA
Block 1 TmLakc Estates First Addition.
____iVlil -------- filpnc:
Lot 6an() Lot 8 Block 1 Tri-Lake Estates 1st Addition/ Lot aaoss the road from this parcelPhysical Address
TYPE OF VARIANCE REQUESTED (Please Check)
0□□Structure
Setback □SubdivisionSewage SystemStructure Size
□0□MiscellaneousOusterWECS
VemonDM 04/07/2020
1
SPECIFY HOW YOUR PROJQ VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBUC
NOTIFICATION.
Request to subdivide 2 parcels without platting and less than minimum size required for metes & Bounds.
Both lots will be permanently attached to two riparian lots as designated on the included site plan.
5ino - b
is DfJ - V i I1.
I UNDCRSTANO THAT I HAVE APPUEO FOR A VARIANCE FROM THE REQUIREMENn OF THE SHOREIANO MANAGEMENT ORDINANCES/SOBDIVISION
CONTROLS ORDINANCE/SANITATION COOE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OHER TAIL COUNTY.
I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBUC HEALTH EMERGENCY
DECURATION, OR UNTIL DECEMBER 31,2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99,
SUBDIVISION 3(F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION.
I UNDERHAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTAH LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
APPUCAT10NS ACCEPTED BY EMAIL ONLY DURING THE COVIO-19 PUBUC HEALTH EMERGENCY DECLARATION. EMAIL AU REQUIRED
DOCUMENTATION USTED ON THE APPLICATION CHECKLIST TO BOAgICO.OTTERTAILMN. US PERMIT FEES MUST BE MAILED IN AND RECEIVED BY
NOON ON THE DEADUNE DATE. PLEASE NOTE QN THE CHECK WHAT APPUCATION THE CHECK IS FOR. _
SIGNATURE PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(AppUcant will Receive Notification of the Date/Time of H««rlng)
JuM- If I ZoZV ijp' OO p/MTimeDate of Hearing
Justin Studsrud - Variance Application Approved with a Condition (6:06 p.m.)
June tl. 2020 After consideration and discussion, I'homas Lee made a motion, seconded by Mike Donoho and carried by roll call vote to table the
application until the next meeting in July and Land & Resource staff will reach out to applicant in regards to their application being tabled
July 9. 2020 After consideration and discussion. Terry Marthaler made a motion, seconded by Darren Newville a canied by roll call vote to approve
the variance to subdivide 2 parcels without platting and permanently attach each lot to a riparian lot with the condition that the lots are used for noti-
residential purposes only. The 2 proposed non-residential backlots will be permanently attached to Lot 6 Blk 1 (Parcel No 37000991187000) and Lot
8 Blk 1 (Parcel No. 37000991190000) of Tri-Lake Estates First Addition This decision is also based on the Findings of Fact and Decision Form,
which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have
been placed on file with the Land & Resource Management Department The variance as approved does not directly or indirectly grant any other
variances for future development.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management yYesNo
Note: If Yes, contact Land & Resource Management
~rjH\zoCopy of Application mailed to Applicant, County Assessor and MN ONR
L&ROffiaal/Date
Vfr»on 0«lf 04^7/20?}
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTERTflll
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Applicant:Justin Studsrud
Address/Parcel No. None / 37000090050001 & 37000100054001
Requested Variance: Request to subdivide 2 parcels without platting and less than the minimum size required for metes
and bounds. Both lots will be permanently attached to two riparian lots as designated on the include site plan.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. X Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: SMO - III. 4. D. & Subdivision - VII. 1.
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: These 2 areas on the property had not been attached to riparian lots
previously as there no was no interest in any riparian lot owners wanting to have a back lot in previous years. Now the riparian lot
owners would like a back lot for non-residential purposes.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and Intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The Land Use Ordinance allows property owners to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
□ No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The proposed subdivision is for personal use.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The topography of the land restricts the suitable area for use being considered. Wetlands
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar land use patterns and use of property in the vicinity of the request. Non-residential non-riparian lot
permanently attached to a riparian lot.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider If economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The need for non-riparian backlots for people with small lots is needed to be able to construct storage structures for personal
use.
The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: July 9, 2020
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
%
\
1209860
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( yC) ( ) not requirecL
“^ert. of Real Estate Value No.
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
08/03/2018 02:45 PM
FEE: 46.00
PAGES 2
WELL CERTIFICATE REC'D: N
:co
Aujus'h 3
■
o> ••
(^^3r)“ Wayn^tein, County Auditor/Treasurer
S)by.
"hlODOCf^OOSWO!
TnoGo I ooo s*io/1
Deputy
WARRANTY DEED
Individuals to Individuals COUNTY OF OTTERTAIL
STATE OF MINNE^A
DEED TAX S
NUMBER DATE.^1STATE DEED TAX DUE HEREON: $1,814.67
31 2018 eCRV#Date:
FOR VALUABLE CONSIDERATION, Curtis Scherf and Susan Scherf,
husband and wife, Grantors, hereby convey and warrant to Justin Studsrud an
undivided 1/2 interest, and Brook Maier an undivided 172 interest. Grantees,
real property in Otter tail County; Minnesota; described as follows:
All that part of Government Lots 2 and 3 of Section 9, and Government
Lots 2 and 3 of Section 10, all in Township 136, Range 42, Otter Tail County,
Minnesota, described as follows:
Beginning at the intersection of the center line of County State Aid Road No. 31
and the north line of Government Lot 2 of said Section 9; thence easterly along
the northerly line of Government Lot 2 of said Section 9 and the north line of
Government Lot 2 of said Section 10 a distance of 730:feet more or less to the
shoreline of Crystal Lake; thence southerly along said shoreline to the intersection with the northwesterly line of Lot 1, Block 3, Tri-Lakes Estates First
Addition a recorded plat ih the office of the Otter Tail County Recorder; thence,
southwesterly along the northvyestefly line of Lot 1, Block 3 of said plat .a distance
of 775 feet more of less to the angle point on the northerly line of said plat which
is also the north line of Grand View Drive a dedicated road in said plat; thence
northwesterly along the northeasterly line of said dedicated road a distance of
1,551 feet more or less to the southeasterly corner of Lot 2, Block 2 of said plat;
thence northeasterly along the southeasterly line of Lot 2, Block 2 of said plat a
distance of 260.96 feet to the northeasterly corner thereof; thence northwesterly
along the northeasterly line of Lot 2, Block 2 of said plat a distance of 80 feet to
the southeasterly corner of that certain tract of land described in the Otter Tail
Courity Recorder’s Office as document number 770500; thence northeasterly
along the southeasterly line of the tract of land in said document number 770500
,'
1
Otter Tail County, Minnesota 1209860 1 of 2
m.
a distance of 50 feet to the northeasterly corner thereof; thence northwesterly
along the northeasterly line of the tract of land in said document number 770500
a distance of 152 feet to the center line of said County State Aid Road No. 31;
thence hortheasterly along the center line of said County State Aid Road No. 31
a distance of 1,291 feet to the point of beginning.
together with all hereditaments and appurtenances belonging thereto.
{ } The seller certifies that the seller does not know of any wells on the
described real property.
{ } A well disclosure certificate accompanies this document.
{X} lam familiar with the property described in this instrument and I certify that the status and number ofwells on the described real property have not
changed since the last previously filed well disclosure certificate.
Curtii^EheS^^Susan Scherf
STATE OF MINNESOTA )
) SS
COUNTY OF OTTER TAIL)
iThe foregoing instrument was acknowledged before me this day\ wLa 2018, by Curtis Scherf and Susan Scherf, husband andof
wife.
^ BETH MARIE MCDONALD :
^ Notary Public-Minnesota
^My CommlMlen Expim JM 31,2023 lotary Public ’
Tax Statements for the real property
described in this instrument should be sent to:
[1U /I liiJko .
vHckjA lAtJ
THIS INSTRUMENT WAS DRAFTED BY:
N.F. Field Abstract Co.
P.O. Box 622
Pelican Rapids, MN 56572
2
otter Tail County, Minnesota 1209860 2 of 2
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, July 9, 2020
The Otter Tail County Board of Adjustment met Tliursday, July 9, 2020, with the following persons in attendance via GoToMeeting:
Bruce Stone
Darren Newville
Douglas Larson
Michael Donoho
Terry Marthaler
Thomas Lee
Chris LeClair, Director, Land & Resource Management
Kyle Westergard, Assistant Director, Land & Resource Management
Ben Olson, Assistant County Attorney
The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec.
13D.02I Subd. 1(1).
Called to Order - Thomas Lee, Chair called the meeting of the Board of Adjustment to order at 6:01 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the June 11, 2020 meeting.
The Board of Adjustment considered the following application(s) for variance:
Doug Gray - Variance Application Approved (6:01 p.m.)
Doug Grey, Lots 19 & 20 Blk 1 - Oak view Heights, Otter Tail River in Aurdal Township requested the following: 1 am requesting a
boundary line adjustment between Lots 19 & 20. Upon having a survey done, I discovered the existing property line of lot 20 is very
close to the house on the west side. There is also a septic system and landscaping for the house that falls in Lot 19. A new' septic
system will be installed in the additional area being requested for the house tract. The proposed parcels as shown on the Certificate of
Survey meet the area requirements and the river frontage.
Doug Gray, property owner represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for
or against the variance application.
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vole to
approve the variance request for a boundary line adjustment between Lots 19 & 20 of Oakview Heights. This decision is also based on
the Findings of Fact and Decision Form, w hich contains the criteria reviewed and the Board’s finding have been attached to and
incorporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. It
was noted that by approving the lotline adjustment the lots will still maintain the size requirements for a standard size lot.
Roll call vote as follows:
Board of Ad justment YEA NAY ABSENT ABSTAIN
XThomas Lee
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Bruce Stone - PC Member
X
X
Justin Studsrud - Variance Application Approved with a Condition (6:06 p.m.)
Justin Studsrud, Part of GL 2 & 3, Lida Lake (56-747) in Lida Tow nship requested the following: Request to subdivide 2 parcels
without platting and less than the minimum size required for metes and bounds. Both lots will be permanently attached to two riparian
lots as designated on the include site plan.
Justin Studsrud, property owner represented the variance application via GoToMeeting. The audience w as polled with no one
speaking for or against the variance application.
Board of Adjustment
July 9, 2020
Page I 1
Justin Studsrud - Continued
June 11.2020
After consideration and discussion, Thomas Lee made a motion, seconded by Mike Donoho and carried by roll call vote to table the
application until the next meeting in July and Land & Resource staff will reach out to applicant in regards to their application being
tabled.
July 9. 2020
After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville a carried by roll call vote to
approve the variance to subdivide 2 parcels without platting and permanently attach each lot to a riparian lot with the condition that
the lots are used for non-residential purposes only. The 2 proposed non-residential backlots will be permanently attached to Lot 6 Blk
1 (Parcel No. 37000991187000) and Lot 8 Blk 1 (Parcel No. 37000991190000) of Tri-Lake Estates First Addition. This decision is
also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been
attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management
Department. The variance as approved does not directly or indirectly grant any other variances for future development.
Roll call vote as follows:
Board of Ad justment ABSENT ABSTAINYEA NAY
Thomas Lee X
Darren Newville X
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Bruce Stone - PC Member X
Terry Leitch (Property Ow ner) and Ron Ames, Tim Ames & Dan Ames (Buyers)-
Variance Application Approved with Conditions (6:13 p.m.)
Teny Leitch, The SFI 4 of SWI 4 and GL's 7 & 8. South Stang Lake (56-629) in Dane Prairie Township requested the following:
Proposing to purchase a 6-acre parcel and place a structure being approximately 80’ at the closest point from water’s edge (verified by
Land & Resource Management on June 11,2020). The required setback is 200’. The proposed impervious surface coverage in the
shore impact zone will be approximately 3,845 sq. ft. The requirement is not to exceed 260 sq. ft. in the shore impact zone. Overall
impervious surface coverage is 1.4%.
Ron Ames & Tim Ames, proposed buyers, represented the variance application via GoToMeeting. The audience was polled with no
one speaking for or against the variance application.
After consideration and discussion, Darren New ville made a motion, seconded by Thomas Lee and carried by roll call vote to approve
the proposed development being 140’ from South Stang Lake and allow the impervious surface coverage in the Shore Impact Zone to
be 1,364 sq. ft. for the Boat Access. This decision is based on the Findings of Fact and Decision Form, w hich contains the criteria
reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on
file with the Land & Resource Management Department.
Roll call rote as follows:
Board of Ad justment NAY ABSENT ABSTAINYEA
XThomas Lee
XDarren Newwille
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Rod Boyer - PC Member X
Board of Adjustment
July 9, 2020
Page I 2
STAFF REPORT
Justin StudsrudAPPLICANT:
Request to subdivide 2 parcels without platting and less than the minimum size required
for metes and bounds. Both lots will be permanently attached to two riparian lots as
designated on the included site plan.
APPLICATION:
Property across from 24864 Tri Lakes DR, Pelican Rapids, MN 56572
Parcel No. 3700009005001 & 370000100054001
LOCATION:
LAKE NAME/NUMBER/CLASS: Lida (56-747), GD
STAFF WHO COMPLETED REPORT: Chris LeClair, Director
Otter Tail County Visit the County Website
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1. No staff recommendations
Applicable Ordinances/Statutes
SUBDIVISION CONTROLS ORDINANCE
VII. METES AND BOUNDS STANDARDS
No subdivision of real property in which the divided tract is described by metes and bounds
shall be permitted, unless all tracts meet the following standards:
1. Each lot, located in the Shoreland Area or containing a wetland area must be a minimum
of 5 acres in size; and all other lots must be a minimum of 2.5 acres in size.
SHORELAND MANAGEMENT ORDINANCE
GENERAL REQUIREMENT
Subdivision Provisions
Platting
All subdivisions with lots or parcels that are less than 5 acres in size must be platted in
accordance with Minnesota Statute 505. No conveyance or other document creating a
subdivision of any real property other than by a duly approved plat, shall be recorded, unless
accompanied by a registered surveyor’s drawing for recording.
IV.
10.
B.
Staff Comments: Based on a review of the application and a site review. Staff offers the following
comments;
1. No staff comments
Schmid - Continued
After consideration and discussion, Darrin Newville made a motion, seconded by Rod Boyer and carried by roll call vote to approve
the variance to construct an attached garage being 150’ from the ordinary high-water level. This decision is also based on the Findings
of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an
official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as
approved does not directly or indirectly grant any other variances for future development.
Roll call vote as follows:
Board of Adjustment YEA NAY ABSENT ABSTAIN
XThomas Lee
Darren Newville X
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Rod Boyer - PC Member X
Justin Studsrud - Variance Application Tabled (6:59 p.m.)
Justin Studsrud, Part of GL 2 & 3, Lida Lake (56-747) in Lida Township requested the following: Request to subdivide 2 parcels
without platting and less than the minimum size required for metes and bounds. Both lots will be permanently attached to two riparian
lots as designated on the include site plan.
No one appeared via GoToMeeting to represent the application.
After consideration and discussion, Thomas Lee made a motion, seconded by Mike Donoho and carried by roll call vote to table the
application until the next meeting in July and Land & Resource staff will reach out to applicant in regards to their application being
tabled.
Roll call vote as follows:
Board of Adjustment NAY ABSENT ABSTAINYEA
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
XTerry Marthaler
Rod Boyer - PC Member X
M. Garber Trust - Variance Application Approved as Requested - (7:03 p.m.)
M. Garber Trust, GL 2 & 3 Extr Life Estate Don & Carolann Garber, Pine/Reames Lake (56-350) and Tenter Lake (56-348) in Edna
Township requested the following: We are requesting a variance on the 200 ft. set back for no more than 30 feet for the building of a
house and deck. We are requesting a variance on the 200 ft. set back for no more than 16 feet for the building of a shed.
Martin Garber, property owners represented the variance application via GoToMeeting. The audience was polled with no one
speaking for or against the variance application.
After consideration and discussion. Rod Boyer made a motion, seconded by Michael Donoho and carried by roll call vote to approve
the variance request as requested to construct a new dwelling being 170’ from the ordinary high water level and a storage shed being
184’ from the ordinary high water level. This decision is also based on the Findings of Fact and Decision Form, which contains the
criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been
placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any
other variances for tuture development.
Board of Adjustment
June 11,2020
Page I 3
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/orapplicant's representative must be present at the scheduled hearingJ
To Whom it May Concern:
Justin Studsrud
44662 County Hwy 31
Pelican Rapids MN 56572
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, June 11, 2020 at 6:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the iocal Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 37000090050001 & 37000100054011
Pt of GL 2 & 3 Section 9 & Pt of GL 2 & 3 Section 10
Township 136, Range 42
Township Name - Lida
Lida (56-747), General Development (GD)
None - Loc. Across from 24864 Tri Lakes Dr., Pelican Rapids MN 56572
Lake Name/Number/Class:
Property Address:
Jheyariance requested is the following:
Request to subdivide 2 parcels without platting and less than the minimum size required for metes and
bounds. Both lots will be permanently attached to two riparian lots as designated on the include site
plan.
Ainy Busko
Board of Adjustment Secretary
May 28, 2020
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consultants Inc.P«ftoiAMN218'34S-3600
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That portion of Parcel 3700090050001 between Lot 2 Block 1 & Lot 1 Block 2 Tri-Lake Estates Backlots to
1st Addition. Request to have this back lot Metes & Bounds vvith measurements of S-114.58, W-41.52,
N- 89.3, E-147.22 and request to have this back lot permanently attached to Sec-09 Twp-136 Range-042
Lot 6, Block 1 Tri-Lake Estates First Addition, parcel #37000991187000 belonging to Erick Johnson' &
Andria Hart & Derek & Carol Schmaltz.
That portion of Parcel 370009005001 between Lot 2 Block2 and Loti Block 3 Tri-Lake Estates Backlots to
1st Addition. Request to have this back lot Metes & Bounds w/ith measurements of S-120.35, W-93.50,
N-121.6, E-208.64 and request to have this back lot permanently attached to Sec-09 Twp-136 Rahge-042
Lot 8, Block 1 Tri-Lake Estates First Addition, parcel #37000991190000 belonging to James and Andrea
Hotzfield.■;
Attached plat Doc. # 1222892 recorded with Otter Tail County Recorder on 7/2/19.
5
I
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 28*^ day of May, 2020 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Justin Studsrud
44662 County Hwy 31
Pelican Rapids MN 56572
Denise Boe, Clerk
Lida Township
PO Box 382
Pelican Rapids MN 56572
NA
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573LittleTlid^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little P Jfc^Big Pine:
Pelicq^ FisnyBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake: South Turtle Lake Imp. Dist, PO Box 168, Underwood, MN 56586
(0
m
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Otter Tail County COLA, 4302 13’^' Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
^ulie Aadland, DNR Eco & Water Resources, 1509 1®‘ Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6"’ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: Rod Boyer, 51127 E. Wymer Lake Rd, Frazee MN 56544
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: May 28, 2020
^ 5Extra
BOA Members___5
PC Member
Envelopes _
TOTAL NOTICES TO PRINT____38
Added to Agenda CU Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press
Amy Busko, Secretary
Otter Tail County Board of Adjustment
1 MinutesBy:26Amy Busko
l:\BOA\June BOAtStudsrud Affidavit (747) 06-11-20.docx
;
Buffer Parcels
Addr2Addr 1 Citv St ZiD
Pelican Rapids MN 56572 7509
Parcel No
37000090049000 Larry & Lucas Platt
Name 2Name 1
25787 Lida Shores Loop
Fargo ND 58103 628637000090050000 Daniel Tibbetts 3524 28th Ave S
Pelican Rapids MN 56572 755537000090050001 Justin Studsrud & Brook Maier 24792 Tri Lakes Dr
Perham MN 56573 146137000090050002 Loretel Systems Inc 150 2nd St SW
37000090051011 Daniel Tibbetts Fargo ND 58103 62863524 28th Ave S
Pelican Rapids MN 56572 755537000100054011 Justin Studsrud & Brook Maier 24792 Tri Lakes Dr
37000100054013 Thomas J Haggenmiller Perham MN 56573 1410155 2nd St Sw Apt 207a
Perham MN 56573 141037000100054015 Thomas J Haggenmiller 155 2nd St Sw Apt 207a
Pelican Rapids MN 56572 753645501 County Highway 3137000100055000 Mavis L Frazier Krath
Saint Paul MN 55155 404537000100058001 State Of Minnesota Attn Tax Specialist PO Box 45
Fergus Falls MN 56537 136437000991182000 County Of Otter Tail Attn Co Auditor 510 Fir Ave W
Pelican Rapids MN 56572 755537000991183000 Justin & Leah Studsrud 24792 Tri Lakes Dr
Pelican Rapids MN 56572 755537000991184000 Gregory & Jessica Sjostrom 24798 Tri Lakes Dr
Pelican Rapids MN 56572 7555Douglas R & Susan M Bruggeman 24814 Tri Lakes Dr37000991185000
6219 White PI S Chandler AZ 85249 389437000991186000 Gary & Marlene Ostafin
Pelican Rapids MN 56572 716837000991187000 Carol E & Derek M Schmaltz 46731 Poss Beach Rd
37000991188000 Torrey L & Andrea N Hovland Pelican Rapids MN 56572 755524864 Tri Lakes Dr
Pelican Rapids MN 56572 755537000991189000 James R & Andrea C Hotzfield 24878 Tri Lakes Dr
37000991190000 Marvin C & Jeanette A Jurva Pelican Rapids MN 56572 755524884 Tri Lakes Dr
,
Pelican Rapids MN 56572 750437000991191000 Justin & Gretchen Hovland 24929 County Highway 4
37000991192000 Thomas W & ,Patricia M Archer 24920 f ri Lakes Dr Pelican Rapids MN 56572 7505
Pelican Rapids MN 56572 750524944 Tri Lakes Dr37000991193000 Jason & Nicole Stetz
37000991194000 Jeffrey L & Ginger L Dauner Havyley MN 56549 919819452 90th Ave N
Page 1 of 2Monday. May 25, 2020
Parcel No AddrlName 1 Name 2 Addr 2 Gitv St Zip
24972 Tri Lakes Dr37000991195000 Brady M & Amy L Fredrickson Pelican Rapids MN 56572 7505
Pelican Rapids MN 56572 750537000991196000 Kenneth A Steffens 24988 Tri Lakes Dr
37000991197000 Virgil A & Kimberly K Kollar 25004 Tri Lakes Dr Pelican Rapids MN 56572 7505
Mesa AZ 85213 8683• 37000991198000 Charles K & Ardyce L Wierson 3403 Main St E #1607
-r .
37000991199000 Jason Bunkowski 24787 Tri Lakes Dr Pelican Rapids MN 56572 7555
Pelican Rapids MN 56572 7555Jason Bunkowski37000991200000 24787 Tri Lakes Dr
37000991201000 Kent A & Gwen E Baldry 25035 Tri Lakes Dr Pelican Rapids MN 56572 7505
24792 Tri Lakes DrJustin Studsrud & Brook Maier37000991441000 Pelican Rapids MN 56572 7555
37000991442000 Justin Studsrud & Brook Maier Pelican Rapids MN 56572 755524792 Tri Lakes Dr
37000991443000 Justin Studsrud & Brook Maier 24792 Tri Lakes Dr Pelican Rapids MN 56572 7555
37000991444000 ^ Justin Studsrud & Brook Maier Pelican Rapids MN 56572 755524792 Tri Lakes Dr
Justin Studsrud & Brook Maier37000991445000 24792 Tri Lakes Dr Pelican Rapids MN 56572 7555
37000991446000 Jeffrey L & Ginger L Dauner 19452 90th Ave N Hawley MN 56549 9198
Justin Studsrud & Brook Maier37000991447000 24792 Tri Lakes Dr Pelican Rapids MN 56572 7555
37000991448000 Justin Studsrud & Brook Maier Pelican Rapids MN 56572 755524792 Tri Lakes Dr
37000991449000 Justin Studsrud & Brook Maier 24792 Tri Lakes Dr Pelican Rapids MN 56572 7555
Mondav. Mav 25. 2020 Page 2 of 2
, :
Buffer Mail
City, State, ZipAddress i Address 2Name
Thomas W & Patricia M Archer 24920 Tri Lakes Dr Pelican Rapids MN 56572 7505
Kent A & Gwen E Baldry 25035 Tri Lakes Dr Pelican Rapids MN 56572 7505
Douglas R & Susan M Bruggeman Pelican Rapids MN 56572 755524814 Tri Lakes Dr
Jason Bunkowski 24787 Tri Lakes Dr Pelican Rapids MN 56572 7555
County Of Otter Tail Fergus Falls MN 56537 1364510 Fir Ave W
Jeffrey L & Ginger L Dauner 19452 90th Ave N Hawley MN 56549 9198
Brady M & Amy L Fredrickson 24972 Tri Lakes Dr Pelican Rapids MN 56572 7505
Thomas J Haggenmiller 155 2nd St Sw Apt 207a Perham MN 56573 1410
James R & Andrea C Hotzfield 24878 Tri Lakes Dr Pelican Rapids MN 56572 7555
Justin & Gretchen Hovland 24929 County Highway 4 Pelican Rapids MN 56572 7504
Torrey L & Andrea N Hovland 24864 Tri Lakes Dr Pelican Rapids MN 56572 7555
24884 Tri Lakes DrMarvin C & Jeanette A Jurva Pelican Rapids MN 56572 7555
Justin Studsrud & Brook Maier 24792 Tri Lakes Dr Pelican Rapids MN 56572 7555
Virgil A & Kimberly K Kollar 25004 Tri Lakes Dr Pelican Rapids MN 56572 7505
Mavis L Frazier Krath 45501 County Highway 31 Pelican Rapids MN 56572 7536
150 2nd St SWLoretel Systems Inc Perham MN 56573 1461
Gary & Marlene Ostafin 6219 White PI S Chandler AZ 85249 3894
Larry & Lucas Platt 25787 Lida Shores Loop Pelican Rapids MN 56572 7509
Carol E & Derek M Schmaltz 46731 Poss Beach Rd Pelican Rapids MN 56572 7168
Gregory & Jessica Sjostrom 24798 Tri Lakes Dr Pelican Rapids MN 56572 7555
Page 1 of 2Monday, May 25, 2020
Address i City, State, ZipAddress 2Name
Saint Paul MN 55155 4045State Of Minnesota PO Box 45
Kenneth A Steffens ,; ■Pelican Rapids MN 56572 750524988 Tri Lakes Dr
Jason & Nicole Stetz 24944 Tri Lakes Dr Pelican Rapids MN 56572 7505
Justin & Leah Studsrud Pelican Rapids MN 56572 755524792 Tri Lakes Dr
Daniel Tibbetts 3524 28th Ave S Fargo ND 58103 6286
Charles K & Ardyce L Wierson 3403 Main St E #1607 Mesa AZ 85213 8683
Monday, May 25, 2020 Page 2 of 2