HomeMy WebLinkAbout37000240119000_Variances_12-12-2013V
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DOC# 11381Date Stamp OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
1138130
Fee: $46.00
Well Certificate [ ] Rec’dCertified, Filed, and/or Recorded:
December 16, 2013 2:15 PM
Brian Armstrong, Recorder
.iCEiVED
KOV 2 3 20I3
land & RESOURCE Returned To:
LAND & RESOURCE
By: LLL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Accepted By / Date 3
218-342-2466
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Charles A. Arvidson, Annette L.
Arvidson & Douglas ArvidsonPROPERTY OWNER DAYTIME PHONE
42922 Lida View Lane, Vergas, MN 56587MAILING ADDRESS
Lida GD747LAKE NUMBER LAKE NAME LAKE CLASS
SECTION__14 TOWNSHIP IT A RANGE 4? TOWNSHIP NAME T.i da
PARCEL
NUMBER
E-911
ADDRESS South of 43135 Lida View Lane37-000-99-1042-000
LEGAL DESCRIPTION
Lida Township, Sect 14, Twp 136, Range 042, Lida View Hills - That part
Lot 24 lying Nly of Fol Ln com SE cor Lot 24 N alg E Ln 46.39' N 81 deg
W to Ik.
view.)
(See Exhibit 3 for overview of area and Exhibit 4 for closer
TYPE OF VARIANCE REQUESTED (Please Check)
Misc.Structure Setback Structure Size Sewage System Subdivision Cluster WECS
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
That the parcel described above, Parcel #37-000-99-1042-000, be detached from Parcel #37-000-14-0077-000 (to which it
originally attached but was subsequently detached by a vai iance dated April 8, 2004 which was never recorded) and from Parcel #37-
000-24-0119-000 (to which it was attached in the above-described variance which was granted on April 8, 2004 but which has not
been recorded) and that said parcel be attached to a five acie tract in Parcel #37-000-24-0119-000 as set forth in Exhibit #1 which five
acre tract will be conveyed into an irrevocable family tru;: ts an unbuildable lot whose purpose shall be to preserve Parcel #37-000-
99-1042-000 as a landing for the use of the property owner of the plat of Lida View Hills (which was the original intention of this
parcel since the dedicated landing for Lida View Hills is unusable as a landing), and said variance will also allow the remainder of
Parcel #37-000-24-0119-000 (variance will also allow the r mainder of 37-000-24-0119-000 to be permanently attached to 37-000-231^
0112-000- see Exhibit 5) as set forth on Exhibit 2 to be conveyed without jeopardizing the purpose or the intent of the landing.
was
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
NATURE OF PROPERTY OWNElt/ A'g'ENT FOR OVOTJ^R^daYe ~A /
SCANNEDAPPLICANT MUST BE PRESENT AT THE HEARIN
(Applicant Will Receive Notification As To The Date/Timi Hearing)
345 194 • Viclot Lunc?e ' Co PftnItfS ■ Fergus Falls. Minnesota!
/ .
'P. -3(3/(7^/Date Of Hearing Time
!
Motion
Charles A., Annette L. and Douglas Arvidson - Approved the application as requested. (7:20 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and unanimously carried, to approve
the variance as requested in the application dated November 20, 2013 and as depicted on the drawings submitted with the
application. The requested variance is an improvement, which will reduOe the overall number of future available building sites.
Chairman/OttWTTail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
X_ No1
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 072011-001
December 12, 2013
‘Page # 3
Charles A., Annette L. and Douglas Arvidson - Approved the application as requested. (7:20 p.m.)
Charles A., Annette L. and Douglas Arvidson, part of Lot 24 Lida View Hills, Lake Lida in Lida Township, requested
the following: that the parcel described above, Parcel No. 37-000-99-1042-000, be detached from Parcel No. 37-000-
14-0077-000 (to which it was originally attached but was subsequently detached by a variance dated April 8, 2004
which was never recorded) and from Parcel No. 37-000-24-0119-000 (to which it was attached in the above described
variance which was granted on April 8, 2004 but which has not been recorded) and that said parcel be attached to a
five acre tract in Parcel No, 37-000-24-0119-000 as set forth in Exhibit No. 1 (on file with the County Auditor’s office)
which five acre tract will be conveyed into an irrevocable family trust as an unbuildable lot whose purpose shall be to
preserve Parcel No. 37-000-99-1042-000 as a landing for the use of the property owners of the plat of Lida View Hills
(which was the original intention of this parcel since the dedicated landing for Lida View Hills is unusable as a
landing), and said variance will also allow the remainder of Parcel No. 37-000-24-0119-000 (variance will also allow
the remainder of 37-000-24-0119-000 to be permanently attached to 37-000-23-0112-000 per Exhibit 5 on file with the
County Auditor’s office) as set forth on Exhibit 2 (on file with the County Auditor’s office) to be conveyed without
jeopardizing the purpose of the intent of the landing. Charles Krekelberg, Attorney appeared with the applicants at
' the public hearing. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and unanimously carried, to
approve the variance as requested in the application dated November 20, 2013 and as depicted on the drawings
submitted with the application. The requested variance is an improvement, which will reduce the overall number of
future available building sites.
Marjorie Jones - Approved the application as requested. (7:35 p.m.)
Marjorie Jones, part of Government Lot 2, Section 20 of Dunn Township by Lake Lizzie, requested the following:
Existing dwelling is 85’ away from the ordinary high water line based on previous variance dated 11/11/00. We would
like to request a variance to remove the existing dwelling and build a new dwelling 70’ from the lake. Current
ordinance states we must be 100’ from ordinary high water level. This is not possible beings we have a bluff 95’ away
- from the ordinary high water level (as stated on approved variance 11/11/2000). Current ordinance also states we
must be 30’ from top of bluff, we will be 40’. All other existing dwellings are much closer than our requested 70’
except the residence to the Eastof us which are built into the bluff about. 10 years ago. Current park model, utility . ■ , .‘-iii;
• .r.vi- .. shed and camper-will be removed from all four owner owned properties.-^ Richard Jones and TJ Haugrud, Contractor
, , -gppggYed with the applicant at the public hearing. The audience was polled with Patricia Dillon and Tammy Braton ...
speaking in favor of the variance as requested. Letters from Gary and Kris Dillon, Patricia S. Dillon and Mark Braton
in support of the variance as requested were read for the record. After discussion and consideration, Paul Larson
made a motion, second by Rick Wilson and unanimously carried, to approve a variance of 30’ from the required ...
ordinary high water level setback of 100’ for placement of the proposed development 70’ from the ordinary high water
level setback as described in the variance application dated November 20, 2013 and as depicted in the packet of.
drawings dated November 21, 2013. The variance as approved does not directly or indirectly grant any other
variance for the development as proposed.
: * - Dahl Lake Property LLC - Approved the application as modified. (7:42 p.m.)
Dahl Lake Property LLC, part of Government Lot 3, Section 12 of Scambler Township by Pelican Lake, requested the
following; Summary - Project is a conservation master plan. The land use intent is for passive recreation while
preserving the native landscape. Variance -
1) Project proposes a 6’ wide boardwalk across a wetland on the owners’ property, whereas ordinance
requirements allow a 4’ wide boardwalk.
2) Project proposes an 18’ square covered platform near the center of the wetland, whereas ordinance
requirements allow a 6’ square uncovered platform.
November 14, 2013 Meeting - The audience was not polled as there was no one in attendance at the time of this
public hearing. It should be noted that there was no one in attendance to represent the applicant. After discussion
and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the
variances as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting
of the variances as requested with the condition that if the applicant submits a letter requesting to be tabled the Board
will reschedule the public hearing without requiring a new application. It should be clearly understood that the
as an option to the applicantapplicant’s request has been denied and that the offer to table is being extent
because of the applicant’s absence. /SCANNED SCANNED
a /cf-j ^2 ~a3"=>^7.
4
LaJ
Baring «f« oa •tsumtd dAiuin
0 50 100 <50LIDA VIEW HILLSPitpartd By!
ROS£RT a. OSLUNO 8 AS5QC., INC.
Fergus Foils, Minn.
<ntscale
O: iniiaks iron pipe menu, wifh Minn.
Regisirotien No. 7S7S ioTerutf (Kertin.
* e Intfestit iron menu, found.
® s IndicQia Cowly Qisi Iren mono.in ploet
PART OF GOV'T LOTI, SEC. 23, a PART OF GOV'T LOT a SEC. 14, ALL IN TWP. 136, RGE. 42
(LIDA ■P/VP), OTTER TAIL CQ, MINN.
Odvuiepcr!
ROSERT E ARVIOSON
VERGAS, MINN.LAKE
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total ACRES'. 20 atRr . 6S/^^^C'23,T. I3S, R, 42
f^4» 43’08' W\if’:IiS;;iig5.. ;•E. Ajvldjen,husk«.rwi &M wlft.owRars &nd proprietors of'ttxat pert ot GovtmaenC .Section 23,«.nd of GovarrunenC Lot 6 of Sactlon i4,k11 in TovnvsMp 41,Otter *Iell County Minnesota deaerifaetl as followat
Comnancing at the Southeast comer of said Govamment Let l;thenee on an assumed bearing of South SB* ii' SO" Nest on the Southerly
line of said Oovemment Lot 1 for s distance of 380 feet to point of beginning of eree to be described;thence North Si* 38' East
S7.U feet;thence Morth 14* 34‘ 12" Eset 97.2S feat;thence North 89* 27' 37" East 66.18 feet;thence North 04* 31* 27" W«et. 71.74 feet;
thonoe on a targsntial curve to the left,central angle of l3* 2S' 19",radius of S83 feet for an are distance of 138.71 feet;thcnoe North l7* S7' 46" Uast 340.55 teeC;thenee on a tangential curve to the right oentral angle of l8* 35’ radius of 315 feet for an arc
distance of 99.85 fset;thence North 01* 22' 18" West 1546,69 feet;thance Northeaetetly Kotthexiy and Northwesterly along
Ing a radius of 50 fast and a radial point that bears North 07* C7' 07"West said arc having a central angle of l7l* IS' arc distance of 182.49 feeC;thence North 81* 19' 44" East 256.7i fset;thence North Ql* 43' 08" Waat 356.72 fast to the Northerly
line of said Govertment Lit 6;thance South 88* 30' 05" West on the Northerly line of said Govarment Int 6 for a distance of 540 feet
more or less to the shoreline of Labs Uda;thenos Southerly on eald sheraline Co the Southerly line of said Government Lot l;thcnee North 88* 16' SO" East 90 feet note or leas to point of beginning.
This la to certify that Robert E. Arvldson end Alice
Lot 1
an are hav-
39- for an
i
fter loiown as LIDA VIEW ELLS as shown ty thli plAt and hereby d^ieaCe to all streets,roads,and cul<da-saes as shown.
Keva caused the same to be surveyed and platted and herea
the public for public use forever'A^zesed
Witness our hands this__day ot.
.A.0..19______.
Authorized %.'■■■'
haiman Township BoardRobert E. Arvldson Alice E. Arvldaon !Attested bTLState of Minnesota County of •
On this ___________________________
to ae bnox<n to be the persona nasLOd In the foregoing Instnatent who
>S3
ttlfy that it-tayi're^Mbd this plat,and found It to be In oemplianee with the surv^lrg reguirsmente of the Subdivision
County and Chapter SOS Minnesota. Statutec.
i herContrihusbend ehd wife ' • ■tSv de
ols Ordlnanos of Otter Tallappeared Robert. E.' Arvldson and Alice F.- Arvldson
o evecuted the laju as thelz own free act and deed.
of .A.D.,19 before m
Registered land Surveyornotary I\ibllo _ .;
My eonnlasldh
County Ennssota .'. S.\
Cosparlson i^th Preliminary Plat Bade and approved this.
i
,day ot.A.B. 19,
expiree.
Robert 8. Oslurd.a Registered land airveyor.do hereby certiftr that 1 have surveyed Che property described oh thle ^lat as LIDA
LLS;that said plat Is e correct representation of sw surv^jthat all distances are correctly shown on the plat;that ths »on««snts
guidance of future surveys have been correctly placed in the ground as shoun;that the outside boundary lines ace eorraotly desig-
nated on the plat;thet there ere no wet lands or public highways on or aarose the sene except as shown.
Aibilntstrative Assistant Subdivision
Control Ordinanoe
for
I hsv exegueby eertl^. that jaroper evidence of title has been presented to, and examined ne and I hsielv approve this plat as to fora and tion.Registered Land &rv«yor Ni^ Csrt- 7S75
State of Minnesota
County of Otter Tail
On this
r Attorn^
me,the undersigned personaily appeared Robert'M'., Oaluhd Vti me fcnown tb
be the person dsscrlbed in and who executed th# foregoing Instnanent and aefawledged that he executed the cbm as Ms free act and deed.'
day of.A.B.,19 .bafora
(<wer).hereby attest to the feat that there ere no mortgages eutsCandlng agetnet eror of the pro-!party in'this eubdivislcn.
Notary Public Otter Tail County Mlnnewoca
Ky coBvlaslon expires
• of -. V ; i9Aeespted at the Board of County Coanlssloners of Otter Tall County.Minnesota.thle.
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^CT2?.'Ji^/3 SCANNED
SCANNED
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel #
described in my
dated
37-000-99-1042-000
ApplicationVa r 1
Since this is the case, it may not be possible for Otter Tail County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the
Planning Commission Members and/or Board of Adjustment Members
to view my property before taking action on my Application(s).
I—I 1 do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s).
/// / f / / ?
< dM"ed
On.
PROPERTY OWNER
SCAHED01-03-2011
Mbowman app &forms- waiver 60 day rule
Notice of Hearing for Variance
otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTfR Tim
O T i
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Charles A., Annette L. and Douglas Arvidson
42922 Lida View Lane
Vergas, MN 56587
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 and/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, December 12, 2013 at 6:30 p.m..
in the Commissioners' Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals
requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
part of Lot 24 Lida View Hills,
Property Address - South of 43135 Lida View Lane
Section 14, Township 136, Range 42 - Township Name - Lida
Lake No. 56-747, Lake Name - Lida, Class - GD
The variance requested is -
the following: that the parcel described above. Parcel No. 37-000-99-1042-000, be detached from Parcel No. 37-000-14-0077-
000 (to which it was originally attached but was subsequently detached by a variance dated April 8, 2004 which was never
recorded) and from Parcel No. 37-000-24-0119-000 (to which it was attached in the above described variance which was granted
on April 8, 2004 but which has not been recorded) and that said parcel be attached to a five acre tract in Parcel No. 37-000-24-
0119-000 as set forth in Exhibit No. 1 which five acre tract will be conveyed into an irrevocable family trust as an unbuildable lot
whose purpose shall be to preserve Parcel No. 37-000-99-1042-000 as a landing for the use of the property owners of the plat of
Lida View Hills (which was the original intention of this parcel since the dedicated landing for Lida View Hills is unusable as a
landing), and said variance will also allow the remainder of Parcel No. 37-000-24-0119-000 (variance will also allow the remainder
of 37-000-24-0119-000 to be permanently attached to 37-000-23-0112-000 per Exhibit 5 on file with the County Auditor’s office) as
set forth on Exhibit 2 (on file with the County Auditor’s office) to be conveyed without jeopardizing the purpose of the intent of the
landing.
Stein
Board of Adjustment Secretary
Date: November 22, 2013
SCANNED
SCANi^EO
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 25th, day of Novermber, 2013 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Charles A. and Annette L. and Douglas Arvidson, 42922 Lida View Lane, Verges, MN 56587
Lake Lida Assoc., Bob Engelstad, 1506 s 12^'', Moorhead,MN 56560
Denise Boe, Twp Clerk of Lida, PO Box 382, Pelican Rapids, MN 56572
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537
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, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: November 25, 2013
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
HIBy:
Vi Manderud
SCANNED
‘i
CHARlESARVIDSON ETAL
42922 LIDA VIEW LN RD
VERGAS, MN 56587 9324
CHARLES & JANET BRUNS
43123 LIDA VIEW LN
VERGAS, MN 56587 9324
JAMES R BULLIS
2118 STERLING ROSE LN
FARGO, ND 58104 6806
KRISTIN S BULLIS
2118 STERLING ROSE LN S
FARGO, ND 58104 6806
ANNETTE A GORENTZ
45182 COUNTY HIGHWAY 35
DENT, MN 56528 9049
BRET C & DAWN WALDIECK HAAKE
23 ISLAND RD
NORTH OAKS, MN 55127 2610
DOUGLAS & EILEEN KETCHAM
80 MEADOWLARK LN
FARGO, ND 58102 2150
HJELDEN TST
43109 LIDA VIEW LN
VERGAS, MN 56587 9324
ARTHUR & DIANE E SCHEER
43049 LIDA VIEW LN
VERGAS, MN 56587 9324
TEIGEN BROTHERS PARTNERS
4910 2ND ST E
WEST FARGO, ND 58078 8206
SCANNED
SCANNED
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