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HomeMy WebLinkAbout02000990461000_Variances_09-12-2019Variances 2 Barcode 128 9-iZ2(?/'T 1226710Date Stamp RECEIVED AU6 2 2 2019 '.AMDaBKOUBCE CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED OH 09/19/2019 01:46 PM o o--. CK X# Initial (Ifl rnSES 4oTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCF^^" COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountymn.us oc>Application Fee COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date C C S/^^// 9 A/IS .lARAINE Mf)N5 pn my yqy ratv f iakf, mn rAT7^~ JARIMnn^fS'P,M/iU .cnM______________ 5’/4~-pq/-?vq7DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS E-MAIL ADDRESS ?^IZ HTT^R TAU LAKE CLASSLAKE NUMBER LAKE NAME /3 V _RANGE VD3Z AMHRSECTIONTOWNSHIPTOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS ?87n4 rA/rv nwv nr LEGAL DESCRIPTION LOT? PLEASAHT 3RDVP TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size ClusterSewage System Subdivision WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SHARE/ AND fAClE\T^ ORD. SECTION OF ORDINANCE: VARIANCE REQUEST: The request is to replace the existing 15 x 21 detached garage that is currently 11 feet 6 inches from the right-of-way with a new 20 x 24 detached garage (480 square feet) to be 11 feet 6 inches from the right-of-way instead of the 20-foot setback - a variance of 8 feet 6 inches. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE 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. ~Z O■Z\I^E SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY Date Of Board of Adjustment Hearing IZ) 7J}\^\ Motion I'oopir)Time Gus & Jaraine Mohs - Variance Application Approved as Requested (7:40 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to approve the variance as requested to replace an existing garage with a 20' x 24' detached garage being 11 '-6" from the right of way as described in the variance application dated August 21. 2019 and as depicted on drawing submitted with the variance application and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has 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. ( Chairfnan/Otter Tail County Board^of Adjustment Permit(s) required from Land & Resource Management . »A Yes (Contact Land & Resource Management) No a qCopy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR / CL 01122019-001 368,004 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TfliloetaTT-BiapiiOTi 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:Gus & Jaraine Mohs Address/Parcel No. 28704 County Hwy 145 / 02000990461000 Requested Variance: The request is to replace the existing 15 x 21 detached garage that is currently 11 feet 6 inches from the right-of-way with a new 20 x 24 detached garage (480 square feet) to be 11 feet 6 inches from the right-of-way instead of the 20-foot setback - a variance of 8 feet 6 inches. Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: Ml. 4. A. 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: Currently can't insure the garage because of the condition. 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: Substandard Lot (50’ x ISO' Back Lot). 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: Replace the existing detached garage. 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 yariance is NOT due to circumstances unique to the property not created by the landowner... ...because: Current garage was built prior to our purchase. s 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 nearshore 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: Keeping inline with adjacent property structures. 5. Does the need for the variance involve rnore 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 mare 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: Trying to maintain existing trees & Support neighborhood for green space before Garden Loop Road, creating a visuaiiy appealing view for backiots. The Otter Tail County Board of Adjustment: APPROVES X the requested variance.DENIES Complete and attach After-the-Fact Addendum \f this \s an After-The-Fact variance request. DATED: September 12, 2019*’ _________ 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. e Gus & Jaraine Mohs - Variance Application Approved as Requested (7:40 p.m.) Gus & Jaraine Mohs, Lot 7 of Pleasant Grove, Otter Tail Lake in Amor Township, requested the following: The request is to replace the existing 15x21 detached garage that is currently 11 feet 6 inches from the right-of-way with a new 20 x 24 detached garage (480 square feet) to be 11 feet 6 inches from the right-of-way instead of the 20-foot setback - a variance of 8 feet 6 inches. Gus & Jaraine Mohs represented the application. The audience was polled with Sam Kroft speaking for the variance as requested, Tom Simmer spoke and submitted a letter in support of the variance as requested. Dan Jongeward, Todd & Colleen Cameron and Cal & Nancy Dockter all submitted emails in support of the variance as requested. After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to approve the variance as requested to replace an existing garage with a 20’ x 24’ detached garage being 11 ’-6” from the right of way as described in the variance application dated August 21,2019 and as depicted on drawing submitted with the variance application and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has 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. David Martinson - Variance Application Approved as Requested with Condition (7:47 p.m.) David Martinson, Sub Lot T of GL 1 (.18 Acres), Pelican Lake in Scambler Township, requested the following: 1.Proposing to build a 20’x 20’ detached garage 6’ from S lot line and 7’ from Holding Tank, required setbacks are 10’. 2.Proposing a 11’x 8’ addition to dwelling approximately 50’ from OHWL in-line with existing. The proposal also includes altering the roofline over existing screen porch putting on a gable roof and tying into existing gable roofline. 3.Request to have total Impervious Surface to be at 29.6%, existing is 29.1%. Proposal includes removing boathouse on lake shore and shed on roadside of lot. All said this would be an increase of 37sq ft or .5% impervious. Allowable Impervious is 25%. David Martinson & Josh (Contractor) represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Rick Wilson made a motion, seconded by Thomas Lee and unanimously carried to approve the variance as requested to construct a 20’ x 20’ detached garage 6’ from the south lotline and 7’ from the holding tank, construct a 11’ x 8’ addition to dwelling 50’ from the ordinary high water level along with altering the roofline over the existing screen porch with a gable roof which was indicated in the variance application dated August 21, 2019 and as depicted on the drawing with the condition that no more than 27% of impervious surface coverage can be covered onsite and the stairs on the proposed detached garage need to be placed on the North side of the detached garage. The approval for the variance is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has 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. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:02 p.m. Prepared by: Amy Busko, Secretary The minutes were mailed on Thursday, September 17, 2019, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment September 12,2019 Page I 5 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fjr Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Gus & Jaraine Mohs PO Box 495 Battle Lake MN 56515 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 Cpde 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, September 12, 2019 at 7:00 p.m. in the Commissioner's 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 Otter tail County Land & Resource Management office prior to the date of the public hearing. Written correspondence 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 local 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.- 02000990461000 Lot 7 - Pleasant Grove Section 32, Township 134, Range 40 Township Name - Amor Otter Tail (56-242), General Development (GD) 28704 County Hwy 145, Battle Lake MN 56515 Lake Name/Number/Class: Property Address: The variance requested is the following: The request is to replace the existing 15 x 21 detached garage that is currently 11 feet 6 inches from the right-of-way with a new 20 x 24 detached garage (480 square feet) to be 11 feet 6 inches from the right- of-way instead of the 20-foot setback - a variance of 8 feet 6 inches. Amy liiisko Board of Adjustment Secretary August 29, 2019 (^) ottertaiicountymn.us. 218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Application for Variance - County of Otter Tail Submitted by Gus and Jaraine Mohs August 22, 2019 Attachment A The request is to replace the existing 15 x 21 detached garage that is currently 11 feet 6 inches from the right-of-way with a new 20 x 24 detached garage (480 square feet) to be 11 feet 6 inches from the right-of-way instead of the 20-foot setback - a variance of 8 feet 6 inches. The hardship/practical difficulty include; a. The lot is a 50 X 150 (7,500 square feet) back lot. b. The lot has Garden Loop road on the east and County Highway 145 on the west, both normally requiring the 20-foot right-of-way setback. C. Without the variance, the removal of a healthy, mature tree on the property’s north side because of the root base impacting the new foundation. d. Without the variance, the placement of the new structure cannot be made from the south side of the property. Placement from the north side of the property cannot be done because there is not enough space from the cabin on the neighbor’s property to the new foundation on our property to allow equipment access. Verbal agreement has been obtained from the property owner to the south of our property authorizing the house mover’s equipment on their property to allow placement of our new structure. However, without the approval of this variance the placement of the house cannot be completed because of the placement of two mature trees on the neighboring property will prevent the equipment to move enough east on the property for the structure to be placed on the foundation. Approval of this variance will allow the cabin to be placed 8 feet 6 inches closer to the west to: 1) accommodate structure placement; 2) preserve trees on our property; and 3) to improve the property’s overall appearance by providing a larger park-like green space on the east side of the property complementing the surrounding properties’ layouts. This request does not negatively affect the impervious rule of 20 percent. The foundation of the new cabin and new garage will have an impervious rating of 19.6 percent; and an overall impervious rating of 24.9 percent. Background information: The existing cabin and garage will be demolished in fall 2019 or spring 2020. A cabin is currently under construction by the North Dakota State College of Science and scheduled for completion in May 2020. The placement of the cabin is scheduled for early June 2020. The new cabin requires a crawl-space foundation (992 square feet). The garage will be built after the new cabin is in place. Every effort is being made to preserve trees and improve the green space on the property. V AITACNMENT From; Ottertail Water Managment ottertailwatermanagement@outlook.com Subject; 28704 County Highway 145 Septic Report Date; Aug 5, 2019 at 10:33^44 AM To; jarimohs@gmail.com Good morning Gus, I was on your property right away this morning and got that septic inspection done. The system did pass inspection. You can hook back up to that system for up to a 2 bedroom home if you choose too. Let me know if you have any questions. I attached the report to this e-mail. Alex Kvidt Administrator Otter Tail Water Management District pdf P0200...CIJ.pdf 410 KB Minnesota Pollution 5=- Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Compliance Inspection Formf: ■ Existing Subsurface Sewage Treatment Systems (SSTS) Doc Type: Compliance and Enforcement For local tracking purposes:Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached forms - additional local requirements may also apply. Submit completed form to Local Unit of Government (LUG) and system owner within 15 days System Status System status on date (mm/dd/yyyy): 8/2/19 [^Compliant - Certificate of Compliance Q]Noncompliant - Notice of Noncompliance (Valid for 3 years from report date, unless shorter time (See Upgrade Requirements on page 3.) frame outlined in Local Ordinance.) ;on(s) for noncompliance (check all applicable) I Impact on Public Health (Compliance (Component ftt)- Imminent threat to public health and safety Other Compliance Conditions (Compliance Component U3) - Imminent threat to public health and safety Tank Integrity (Compliance (Component ff2) - Failing to protect groundwater Other Compliance Conditions (Compliance Component #3) - Failing to protect groundwater Jsoil Separation (Compliance Component #4) - Failing to protect groundwater JOperating permit/monitoring plan requirements (Compliance Component #5) - Noncompliant R< Property Information Property address; 28704 County Highway 145 Property owner: Gustave & Jaraine Mohs Parcel ID# or Sec/Twp/Range: 02000990461000______ ___________ Reason for inspection: Building Permit _____________ Owner's phone: 515-520-2656______ or Owner’s representative:_________ Local regulatory authority: OTWMD Brief system description; 1000 gallon septic tank to 250 sq ft gravity bed Comments or recommendations: Representative phone; ______________ Regulatory authority phone: 218-548-7400 Certification / hereby certify that all the necessary information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. Inspector name: Alex Kyidt___ Business name: OTWMD____ Inspector signature: Alex Kvidt__ Certification number: 9744 License number; 487________ Phone number: 218-548-7400OtgiteUy eignsd by Alex Kvidt Date: 2019 08.05 10:26:13 -OStiO’ Necessary or Locally Required Attachments I__Bystem/As-built drawing I ^ ^orms per local ordinanceSoil boring logs Other information (list): TTY 651 -282-5332 or 800-657-3854 • Available in alternative formats Page 1 of 3 www.pca.state.mn.us • 651-296-5300 • 800-557-3864 wq-wwists4-31b • 614/14 8/5/19AK28704 County Highway 145 iInspector Initials/Oate;Property address: (mm/dJ/yyyy) 1. Impact on Public Health - Compliance component #1 of 5 Verification method(s): Searched for surface outlet searched for seeping in yard/backup in home Excessive ponding in soil system/D-boxes Homeowner testimony (See Comments/Explanation) Black soil” above soil dispersal system system requires “emergency” pumping Performed dye test Jnable to verify (See Comments/Explanation) Dther methods not listed (See Comments/Explanation) Compliance criteria:/[Z^loSystem discharges sewage to the ground surface. ____________ Yes [Ves l^l^oSystem discharges sewage to drain tile or surface waters.__________ Q/es[7)MoSystem causes sewage backup into dwelling or establishment. Any “yes” answer above indicates the system is an imminent threat to pubiic heaith and safety. Comments/Explanation: 2. Tank Integrity - Compliance component #2 of 5 Compliance criteria:Verification method(s): I / [Probed tank(s) bottom I / [Examined construction records I I Examined Tank Integrity Form (Attach) I lobserved liquid level below operating depth I [Examined empty (pumped) tanks(s) I I Probed outside tank(s) for “black soil” I |Unable'to verify (See Comments/Explanation) I [other methods not listed (See Comments/Explanation) ^Yes[2System consists of a seepage pit, cesspool, drywell, or leaching pit. Seepage pits meeting 7080.2550 may be compiiant if allowed in iocai ordinance. No 3/es[2]NoSewage tank(s) leak below their designed operating depth. If yes, which sewage tank(s) leaks: Any “yes” answer above indicates the system is faiiing to protect groundwater. Comments/Explanation: 3. Other Compliance Conditions - Compliance component #3 of 5 a. Maintenance hole covers are damaged, cracked, unsecured, or appear to be structurally unsound.[ [Yes* * (/] No I lUnknown b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety. [ [Yes* |^No [~~]Unknown *System is an imminent threat to pubiic health and safety. Explain: c. System is non-protective of ground water for other conditions as determined by inspector. | |Yes* (/ |no 'System is falling to protect groundwater. Explain: TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 2 of 3 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 wq-wwists4-31b • 6/4/14 AK , 8//5/19Property address: 28704 County Highway 145 Inspector initials/Date: (mm/dd/yyyy) 4. Soil Separation - Compliance component #4 of 5 I ^[unknown |^|Yes[ [no Date of installation:Verification method(s): Soil observation does not expire. Previous soil observations by two independent partis are sufficient, unless site conditions have been altered or local requirements differ. [^Conducted soil observation(s) (Attach boring logs) I {Two previous verifications (Attach boring logs) j [Not applicable (Holding tank(s), no drainfield) j^Unable to verify (See Comments/Explanation) |, [Other (See Comments/Explanation) (mm/dd/yyyy) Shoreland/Wellhead protectlon/Food beverage lodging? Compiiance criteria: For systems built prior to April 1, 1996, and not located in Shoreland or Wellhead Protection Area or not serving a food, beverage or lodging establishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock._______________ No [Vesj I No Comments/Explanation: 0-30 10 YR 3/2 Topsoil 30-38 10YR 4/3 Med Sand 38-50 10YR 4/4 Med Sand 50-61 10YR 5/4 Med Sand Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* □no Indicate depths or elevations"Experimental", “Other", or “Performance" systems built under pre-2008 Rules; Type IV or V systems built under 2008 Rules (7080. 2350 or 7080.2400 (Advanced Inspector License required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. Yes 22A. Bottom of distribution media 61 +B. Periodically saturated soil/bedrock 39+C. System separation 36D. Required compliance separation* *May be reduced up to 15 percent if allowed by Local Ordinance. Any “no” answer above indicates the system is failing to protect groundwater. ^ Not applicable5. Operating Permit and Nitrogen BMP* - Compliance component #5 of 5 __Yes ^|No If “yes”, A below is required V'es ^[no If “yes”, B below is required Is the system operated under an Operating Permit? Is the system required to employ a Nitrogen BMP? BMP = Best Management Practlce(s) specified in the system design If the answer to both questions is "no”, this section does not need to be completed. Compliance criteria a. Operating Permit number; ____________________ ___Have the Operating Permit requirements been met?TJmoYes ^|NoYesb. Is the required nitrogen BMP in place and properly functioning? Any “no” answer indicates Noncompliance. Upgrade Requirements (Minn. Slat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas. Wellhead Protection Areas, or those us^ in connection with food, beverage, and lodging establishments as defined in law. TTY 651-282-5332 or 800-657-3854 • Available in alternative formats Page 3 of 3 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 wq-wwists4-31b • 6/4/14 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY GOVCRNMCNT SCRVtCCS CENTER - 540 WEST FlR FER6US FAIXS, MN 56337 PH; 218-906-8095 OTTER TAO. COUNTY'S WEBSITE: WWW^O.OTTER-TAIU.MN.USOTTCR TRII Otter Tail County Compliance Inspection Form Addendum This form is a required attachment to MPCA Compliance Inspection Form for all Existing Subsurface Sewage Treatment Systems in Otter Tail County as of June 1, 2011. Property Information Parcel Number: 02000990461000 Township: I Amor Property Owner Name(s): Gustave & Jaraine Mohs Property Address: 28704 County Highway 145 Reason for Inspection: |Building Permit Number of Bedrooms: Section: 32 /In Shoreland Area? Lake/River Name, Number, & Class 56-242 GD Ottertail Yes No System Compliance Status:Compliant Non-Compliant / MoDoes the soil treatment area have less than 3 feet of vertical separation? Is the septic tank located less than 50 feet from any well? Is the soil treatment area located less than 50 feet from any deep well? Is the soil treatment area located less than 100 feet from any shallow well? Does any part of the septic system fail to meet the minimum OHWL setback requirements for the public water classification? Yes Yes Mo Yes No Yes No /Yes Moo "Yes" indicates that the system is failing to protect ground water and is noncompliant. If "Yes", describe the condition noted: Required Attachments: System drawing to scale on next page. Completed MPCA Compliance Inspection I hereby certify that all the necessary Information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, Inadequate maintenance, or future water usage. Name: Alex Kvidt Certification Number: 9744 Business License Name & Number: jOTWMD 487 uignaliy e^neo by /vex aiHoi Date: 2019.08.05 10.-29:09 -OSWSignature: Alex Kvidt Date: 8/5/19 Excei/Compliance Form for OTC 1/15/2014 Page 1 of 2 Otter Tail County Compliance Inspection Form Addendum (cont.) IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): . 5 Q Buildings Other Impervious Surface1 Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s) Attached Garage Patio(s)i/O Detached Garage Sidewalk(s)/QH Storage Shed Landing(s) WOAS Driveway(s)tZT RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous /HIZ.TOTAL BUILDINGS TOTAL OTHER 333 Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^Ft^Total Buildings IHIZ ISOO JS.Bnizjse100+-r x Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft l&ll ~rsoQ 21.S1811.213 100+-r X = Impervious Surface Calculation Worksheet 04-11-2016 7Z AU& ZO/9Signature:Date VARIANCE REQUEST CHECKLIST While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required by Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request against the following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted. As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the following criteria: 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). TC5 S~<0) ^ rST G1_L_ 2. Is the property owner proposing to use the property in a reasonabie 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). k .fy£S dR'e.p 3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner or prior iandowners? (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?) YE5 V>Co-cre'«->'T r~ "TO 4. Wiii the issuance of the variance maintain the essentiai character of the iocaiity? (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.) YE^ 41. uSLVCt, ^r o 5. Does the need for the variance invoive 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 considerable more does not constitute a practical difficulty). YE 5 4<SJT^cST~t ^ •^QJz.^ S p pcrA-X-<3-, 'x'o R-oaD(a. W V-«e><L Lore.eOC7 ) CL <■ ejssT 11-»O a o rt\1 LR;BOA;Variance Request Fact Sheet 2019-02-15 15Feb2019 CWL ; In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management Ordinance allows the Board of Adjustment the option to consider the following while deciding on a variance request; 1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area. ;YES <s»p>K e. fv 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved. NO 3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or to property values in the neighborhood. NO 4. No variance will be granted simply because there are no objections or because those who do not object outnumber those who do. N/A 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. LR;BbA:Variance Request'Fact Sheet 2019-02-15 1 cc«k-)niQ r\A/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 29th day of August, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Lake AssociationTownship ClerkProperty Owner Otter Tail Lake Association OTLPOA PO Box 21 Battle Lake MN 56515 Brenda Hildebrand, Clerk Amor Township 30411 Amor Park Rd Battle Lake MN 56515 Gus & Jaraine Mohs PO Box 495 Battle Lake MN 56515 City Clerk (if located within 2 miles of a city) NA 2 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 'onald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Littl^i?^ & Big Pine: P^an, Pish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtife Lake: Big McDon^:Dev'H^ (N^r Perham): Little 111 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 13*^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, 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: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534 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 Planning Commission Member: 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print 1FileDated: August 29, 2019 Extra BOA Members__^ PC Member_____ Envelopes lAj: TOTAL NOTICES TO PRINT I ,/1 Added to Agenda C2i^ap [T^rint out Findings of Fact Sheet Newspapers pfl\.T Amy Busko, Secretary Otter Tail County Board of Adjustment I MinutesiX^ Amy Busko By: l:\BOA\Affidavits\Mohs (242) 09-12-19.docx Buffer Mail Address i Address 2 City, State, ZipName Todd J & Kari L Benson 1077 7th St E Winona MN 55987 4745 M Todd & Colleen Cameron 310141st Ave SW Fargo ND 58104 6646 784 Lockhard Gulch RdDavid L Hunter Tst Scotts Valley CA 95066 2915 Calvin G & Nancy J Dockter 43990 Mosquito Heights Rd Perham MN 56573 8805 J Lois A & James D Graham 12178 Hoover Rd Carmel IN 46032 7905 Jeffry Haberman 709 N Pine Lake Rdg Sioux Falls SD 57110 6221 J Sheldon Dean Hein 28909 Hi Vista Dr Battle Lake MN 56515 9689 Bruce Johnson 3500 Westmoor Dr Moorhead MN 56560 6904 Daniel P & Karen LJongeward 27454 147th Ave S Hawley MN 56549 8952 Jay Miller 8726 179th Ave SE Wahpeton ND 58075 9500 Gustave & Jaraine Mohs Ames lA 50010 43751636 Reagan Dr Nashwa Financial Inv LLC 2120 Encanto Blvd W 1Phoenix AZ 85009 2847 2120 Encanto Blvd WNashwa,Mn LLC Phoenix AZ 85009 2847 27234 368th Ave NOtter Tail Water Mgmt District Battle Lake MN 56515 9146 f1 Saint Joseph MN 56374 9640Joel C & Susan M S Shobe 29738 Island Lake Rd 1 Joel C Shobe & Susan Sandvig 29738 Island Lake Rd Saint Joseph MN 56374 9640 1 Frank C & Cindy C Simmer 1522 9th St N Fargo ND 58102 2208 12409 Harding Ave Bismarck ND 58501 2235Thomas Simmer !I Thomas & Jacqueline Simmer 2409 Harding Ave Bismarck ND 58501 2235 Thomas Teisberg Et Al 1722 Vermira PI Charlottesville VA 22901 2955 Page 1 of 2Wednesday, August 28, 2019 1-r.': Address i Address 2 City, State, ZipName M Todd & Colleen A Cameron 310141st Ave SW Fargo ND 58104 6646 28652 County Highway^l45 > 'Sam W Toft Battle Lake MN 56515 9350 , ; . L W&k Anderson Cabin Tst Et Al 3470 English St Vadnais Heights MN 55110 5204 Bradley C Walvatne 28325 County Highway 145 Battle Lake MN 56515 9350 3653‘21/2'St"NE ~-----DonaldC Walvatne Minneapolis MN 55418 1105 28149 County Highway 145Wayne & Rebecca Walvatne Battle Lake MN 56515 9350 Page 2 of 2Wednesday, August 28, 2019 Parcel No 02000320253011 Otter Tail Water Mgmt District Name 1 Name 2 : Addr1 27234 368th Ave N Addr 2 Citv St Zio Attn Roland Mann Battle Lake MN 56515 9146 Sheldon Dean Hein02000320253909 28909 Hi Vista Dr Battle Lake MN 56515 9689 02000320254000 Bradley C Walvatne 28325 County Highway 145 Battle Lake MN 56515 9350 2120 Encanto Blvd W Phoenix AZ 85009 284702000990455000 Nashwa Mn LLC Attn Terry Wiertzema 2409 Harding AveThomas & Jacqueline Simmer02000990456000 Bismarck ND 58501 2235 Thomas & Jacqueline Simmer02000990457000 2409 Harding Ave Bismarck ND 58501 2235 Phoenix AZ 85009 284702000990458000 Nashwa Mn LLC Attn Terry Wiertzema 2120 Encanto Blvd W 02000990459000 Daniel P & Karen L Jongeward 27454 147th Ave S Hawley MN 56549 8952 02000990460000 Thomas Simmer 2409 Harding Ave Bismarck ND 58501 2235 02000990461000 Gustave & Jaraine Mohs 1636 Reagan Dr Ames lA 50010 4375 02000990462000 Frank C & Cindy C Simmer 1522 9th St N Fargo ND 58102 2208 02000990463000 Calvin G & Nancy J Dockter 43990 Mosquito Heights Rd Perham MN 56573 8805 M Todd & Colleen Cameron02000990464000 3101 41st Ave SW Fargo ND 58104 6646 02000990466000 Todd J & Kari L Benson 1077 7th St E Winona MN 55987 4745 02000990467000 M Todd & Colleen A Cameron 3101 41st Ave SW Fargo ND 58104 6646 02000990468000 David L Hunter Tst 784 Lockhard Gulch Rd Scotts Valley CA 95066 2915 Bruce Johnson 3500 Westmoor Dr02000990469000 Moorhead MN 56560 6904 1 02000990470000 Sam W Toft 28652 County Highway 145 Battle Lake MN 56515 9350 Vadnals Heights MN 55110 520402000990471000 W&k Anderson Cabin Tst Et Al 3470 English St 1 02000990472000 Thomas Teisberg Et Al 1722 Vermira PI Charlottesville VA 22901 2955 02000990473000 Thomas Teisberg Et Al 1722 Vermira PI Charlottesville VA 22901 2955 ’ 02000990475001 Lois A 8i James D Graham 12178 Hoover Rd Carmel IN 46032 7905 02000990761000 Jeffry Haberman 709 N Pine Lake Rdg Sioux Falls SD 57110 6221 Wednesday. August 28, 2019 Page 1 of 2 Parcel No Addr 1 Addr 2 Citv St ZioName 1 Name 2 Lois A & James D Graham02000990762000 12178 Hoover Rd Carmel IN 46032 7905 02000990763000 W&k Anderson Cabin 1st Et Al Vadnais Heights MN 55110 52043470 English St 3653 2 1/2 St NE02000990764000 Donald C Walvatne Minneapolis MN 55418 1105 Wayne & Rebecca Walvatne Battle Lake MN 56515 93500200099076500028149 County Highway 145 02000990813000 Joel C Shobe & Susan Sandvig 29738 Island Lake Rd Saint Joseph MN 56374 9640 Joel C Shobe &. Susan Sandvig 29738 Island Lake Rd Saint Joseph MN 56374 964002000990814000 Nashwa Financial Inv LLC02000990815000 2120 Encanto Blvd W Phoenix AZ 85009 2847Attn Terry Wiertzema 02000990816000 To The Public 00 02000990819000 M Todd &. Colleen Cameron 310141st Ave SW Fargo ND 58104 6646 02000990878000 Joel C & Susan M S Shobe 29738 Island Lake Rd Saint Joseph MN 56374 9640 02000990879000 Jay Miller Wahpeton ND 58075 95008726 179th Ave SE Page 2 of 2Wednesdav. August 28, 2019 Amy Busko Tom Simmer <tom.simmer@yahoo.com> Tuesday/September 10, 2019 7:19 PM Amy Busko Gus and Jaraine Mohs Variance request. From: Sent: To: Subject: From: Thomas and Jacqueline Simmer 28736 County Highway 145 Battle Lake. MN 56515 To whom it may concern: We support the variance requested by Gus and Jaraine Mohs on property parcel #02000990461000. We are adjacent property owners to the north of property described below. Lot7- Pleasant Grove Section 32, Township 134, Range40 Township Name -Amor Otter Tail Lake, MN Property Address: 28704 County Hwy 145 Battle Lake.MN 56515 Sent from my iPhone 1 Amy Busko Dan Jongeward <djongeward@wellertruck.com> Tuesday, September 10, 2019 5:40 PM Amy Busko Fwd: Variance parcel 02000990461000 From: Sent: RECEIVED SEP 11 20t9 LANDS RESOURCE To: Subject: Dan Jongeward Weller Truck Parts 1-701-371-5770 d jongeward (Swellertruck.com Sent from my iPad Begin forwarded message: From: djongeward(Swellertruck.com Date: September 10, 2019 at 5:09:36 PM CDT To: abusko(5)ottertail.mn.us Subject: Variance parcel 02000990461000 Hi I am writing this email in support of Gus&Jaraine Mohs. Our cabin is directly behind theirs. We support them 100%. Daniel &Karen Jongeward 28706 Garden loop Battle Lake Mn Sent from my iPhone 1 Amy Busko Todd Cameron <mtoddcameron@gmail.com> Tuesday, September 10, 2019 7:53 PM Amy Busko Variance for Moes From: Sent: RECEIVED SEP 11 2019 LAND&RESOURCf To: Subject: Hi Amy, we are the neighbor to the South of Gus and Jeri I support this variance. Thanks, Todd and Colleen Cameron 1 PIECEIVED SEP 11 2019 LANDSRESOURCf September 11, 2019 Otter Tail County Land and Resource Management Regarding: Variance for Gus and Jaraine Mohs, 28704 CO HWY 145, Battle Lake, MN 56515. Parcel No. 02000990461000. Lot 7 Pleasant Grove Section 32, Township 134, Range 40 Amor Township. To whom it may concern: My wife and I own the property located across Garden Loop located at 28694 Garden Loop, Battle Lake, MN 56515. Parcel number 02000990463000. We are in favor of allowing Gus and Jaraine Mohs to replace their existing garage with a larger one within 11 feet 6 inches from the road right of way. We are excited about the improvements they are making. Please feel free to call us with any questions you may have. Cal Dockter 218-298-2388 Nancy Dockter 218-298-1862 North Dakota State College of Science 31 iJOL'Y - rXf/ST/tJ& SEPTIC. SYSTEM IUSP£CTED AND APPROVED BY ALEK KVIDT SEE ATTACHMEUT -BT ISff-O’ ii6"is'6"38‘-0' mm 5--0”2ff.O* No.Description Date I ----------------1 b i!^ m 10' MINI Is" III Mohs 28704 Garden Loop Battle Lake, MN 56515 aipr-/"!I■(jl 2 8bi-U!|¥£s sa o(J SEPTI^I^OM STR^TURE 750 SF OF ORAINFEILO ^^Jr '°-qU.fl4 SITE LAYOUTo 5 i 2019-2020Proi'ecl number 11/6/18Date LLDrawn by26''-0‘‘iChecked by :Site /AZ©sr = io'-o"I . 2r = io'-o"Scale 5 North Dakota State College of Science 31 JUL'Y ^ £X5lSTItJG> SEPTIC. SYSTEM IMSPECTE^D AND APPROVED By ALE/i KVfDT SEE ATTACHMEKIT "jy i5(r-(r il '• >■ - (r2ff-0" ■7 ^No.Descrtptton Date b * •o 11" I Mohs 28704 Garden Loop Battle Lake, MN 56515 >a--------0--r I1ApyofoS^d GARAGF QI g<□bIIWs?SEPTIC pkoK* STRUCTURE liJ-.----------1 ------ O oIqIO\t 750 SF OF DRAINFEILD'I I I>ak| uI II1, iO'-O"V;---------- 1 I7\ I I SITE LAYOUTI■T IorJ-j 2019-2020Project numberLJfM 11/6/18Date LLDrawn by i26-0"Checked by £AZSite(1>1” = 10'-0"s2r = io'-o"Scale 5