HomeMy WebLinkAbout02000990662000_Variances_08-12-2021Variances
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Barcode 128
8-ii'2o:il
1264839Date Stamp
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
09/08/2021 09:46 AM
FEE: 46.00
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rHbE54JiHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIAMtiEr-iERTIFICATE REC'D: N
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: wvtfw.ottertailcountymn.us
Application Fee ^ f?0O- OO
COMPLETE THIS APPLICATION IN INK Receipt Number
Accepted By / Date /fe
Thji/oias. 9^DAYTIME PHONEPROPERTY OWNER
9196 NO W /V/ seMAILING ADDRESS
milnoY. Nf\ bKDUn -9/07 iDm,€, rcj <,,/^o/nE-MAIL ADDRESS i
GliSD/Hl r -hr^ i /LAKE CLASSLAKE NUMBER LAKE NAME
RANGE TOWNSHIP NAME /hviO^UL IM.SECTION TOWNSHIP
3j3 9Ou. It- /Zjcj^i c f^uch RJ
R6chvi !k , mnJ
E-911
ADDRESS
PARCEL
NUMBER 0^ POO 99 O Gooon
LEGAL DESCRIPTION
H ofLo-h
TYPE OF VARIANCE REQUESTED (Please Check)
XWECSMisc.ClusterStructure Size Sewage System SubdivisionStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEV AN
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.
(anJ [y\ui\uuefn^fif OrJir\ittK€
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OTTER TAIL COUNTY ORDINANCE:
• 5. g.SECTION OF ORDINANCE:
VARIANCE REQUEST:
Proposing to move the 10' x 20' storage building on Parcel No. 02000990663000 to my Parcel
No. 02000990662000. This structure is 11.2' in height and would be placed approximately 40'
from Ottertail Lake at the base of the bluff under the WOAS requirements. However, since the
existing structure is 11.2' in height and not the required 10' for a WOAS a variance is needed.
We are not able to meet the 75' setback due to the bluff location.
*7/2-zy 2^0-z^/
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.
/
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
2-0 2.^
DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
n> zoz./Date Of Board of Adjustment Hearing
Motion
Time
Variance Application Approved as Requested (7:10 p.m.)
After consideration and discussion, Thomas Lee made a motion seconded by Michael Donoho and unanimously
carried to approve the height of the water oriented accessory' structure to be 11.2’ in height. 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.
Thomas & Wanda Hogness -
Chafrman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
UR Official/Date
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 368.804 • 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 TAUOOfITT-ailtllOTt
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:Thomas & Wanda Hogness
Address/Parcel No. 31274 Oak Ridge Bch Rd. / 02000990662000
Requested Variance: Proposing to move the 10' x 20' storage building on Parcel No. 02000990663000 to my
Parcel No. 02000990662000. This structure is 11.2' in height and would be placed approximately 40' from
Ottertail Lake at the base of the bluff under the WOAS requirements. However, since the existing structure is
11.2' in height and not the required 10' for a WOAS a variance is needed. We are not able to meet the 75'
setback due to the bluff location.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 5. B.
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: When the property was purchased the WOAS is located on the adjacent lot
which matches his dwelling. The neighbor wants to build a new dwelling so he would like locate the structure on his property down
by the lake. The structure was built in 2012 and is over the 10' height restriction for a WOAS, the structure is currently 11.2" in
height. Unable to meet the lake setback because of the bluff.
Otter Tall County Board of Adjustment - Variance Question Findings
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:
1.
The Land Use Ordinance allows for property owners to develop and improve their property.
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:
2.
The structure is a minimal sized structure being located on the property.
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:
3.
The topography of the land restricts the suitable area for use being considered - Bluff.
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:
4.
The structure is a minimal sized structure being located on the property.
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:
5.
The addition is a minimum expansion to an existing legal non-conforming structure for personal use.
The Otter Tail County Board of Adjustment: APPROVES___X the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
*Dannm HeKwiile,DATED: August 12, 2021
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.
Debbie Koberinski - Continued
Scott & Debbie Koberinski property owners represented the variance application. The audience was polled w ith no one speaking for
or against this application.
After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to approve
the variance to replace the existing dw elling, which was destroyed by a fire on May 14, 2021, w ith a new dw elling no closer to the
ordinary high-w ater level than 42’. 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.
Joel & Tuyet Rovang- Variance Application Denied (6:48 p.m.)
Joel & Tuyet Rovang, Government Lot 11, Vinge Lake (.‘'6-402) in St. Olaf Township requested the following: We are putting in a
14’ X 36’ log cabin, no water, no sewer, primitive, no foundation, no driveway, and no dirt being moved. We request that we have the
same setback as our 5200 sq. ft. house on the adjoining lake. The lakes are essentially identical in all aspects. Not sure why one is
classified as NE and the other as GD (Vinge & Formoe). The cabin will have zero impact. The house that we reside in is allowed and
15 times the scale with water, sewer and electric. We request the same 75’ setback. There are no other people on this lake.
Joel Rovang, property owner represented the variance application. The audience was polled w ith no one speaking for or against this
application. Malcolm McMillan sent an email in support of the variance request w hich was forw arded to the Board Members for their
review and read for the record at the meeting.
Joel had an additional handout that he provided to the board members.
After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and unanimously carried to deny the
request to locate a 14’ x 36’ log cabin on the property being 75’ from the ordinary as there is adequate room on the property to meet
the 200’ setback to the ordinaty high-w ater 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 w ith the Land & Resource Management Department.
Catherine Eagan-Spicer & Steven Spicer - Variance Application Approved as Requested (7:02 p.m.)
Catherine Eagan-Spicer & Steven Spicer, Lot 67 of Provan Beach, Pelican Lake (56-786) in Dunn Township requested the following:
Proposing to replace the existing dwelling & detached garage as depicted on the drawings on file at Land & Resource Management.
Impervious coverage allowed is 25%, Existing impervious coverage 37.12% (existing site plan attached), proposed impervious
coverage 30.62% (proposed site plan attached). Improvement of 6.5% by removal of existing bituminous surface, pavers, and
landscape.
Catherine Eagan-Spicer, property owner represented the variance application. The audience was polled w ith no one speaking for or
against this application.
After consideration and discussion, Thomas Lee made a motion seconded by Terry Marthaler and unanimously carried to approve the
variance request to allow the impervious surface coverage to be 30.62%. 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 w hich have been placed on file w ith the Land & Resource Management Department.
Thomas & Wanda Hogncss - Variance Application Approved as Requested (7:10 p.m.)
Thomas & Wanda Hogness, Lot 14 of Oak Ridge Beach, Otter Tail Lake (56-242) in Amor Tow nship requested the follow ing:
Proposing to move the 10’ x 20’ storage building on Parcel No. 02000990663000 to my Parcel No. 02000990662000. This structure is
11.2’ in height and w ould be placed approximately 40’ from Ottertail Lake at the base of the bluff under the WOAS requirements.
However, since the existing structure is 11.2’ in height and not the required 10’ for a WOAS a variance is needed. We are not able to
meet the 75’ setback due to the bluff location.
Thomas Hogness, property owner represented the variance application. The audience was polled w ith no one speaking for or against
this application.
After consideration and discussion, Thomas Lee made a motion seconded by Michael Donoho and unanimously carried to approve the
height of the w ater oriented accessory structure to be 11.2’ in height.
This decision is also based on the Findings of Fact and Decision Form, which contains the criteria review ed 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.
Page I 3 Board of Adjustment
August 12, 2021
STAFF REPORT
Thomas & Wanda HognessAPPLICANT:
31274 Oak Ridge Beach RD, Richville MN 56576, 02000990662000LOCATION:
LAKE NAME/NUMBER/CLASS: Otter Tail, 56024200, GD
APPLICATION: Proposing to move the 10' x 20' storage building on Parcel No. 02000990663000
to my Parcel No. 02000990662000. This structure is 11.2' in height and would be
placed approximately 40' from Ottertail Lake at the base of the bluff under the
WOAS requirements. However, since the existing structure is 11.2' in height and
not the required 10' for a WOAS a variance is needed. We are not able to meet
the 75' setback due to the bluff location.
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County g]?Visit th« County W«bsit«
+▼ 3127-t OAK RIDGE BEACH F X : Q,
s 31274SHo.v search rc-:-uTs
3
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
Applicable Ordinances/Statutes
Shoreland Management Ordinance
Section 7, Subp. 3
Each residential lot may have one water-oriented accessory structure if it complies with the following
provisions;
A. The structure must be above ground unless a Shoreland Alteration Permit is granted;
B. The structure must not exceed ten feet in height as measured from the lowest adjoining ground
level, exclusive of safety rails, and cannot occupy an area greater than 260 square feet;
C. The maximum width of the structure is 20 ft. as measured parallel to the shoreline;
D. The structure must comply with all property line setback requirements as set by Table V;
E. The structure is not in the Bluff Impact Zone;
F. The setback of the structure from the ordinary high water-level must be at least twenty feet;
G. Only one structure may be placed within the SIZ;
H. The structure must be treated to reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on
conditions;
I. The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof
or sidewalls or used as a storage area;
J. The structure must not be designed or used for human habitation and must not contain water
supply or sewage treatment facilities; and
K. Water-oriented accessory structures may have the lowest floor placed lower than the elevation
specified in Section 6, Subp. 6 if the structure is constructed of flood-resistant materials to the
elevation, electrical and mechanical equipment is placed above the elevation and, if long duration
flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and
debris.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. No comments
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LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir 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:
Thomas & Wanda Flogness
8195 147^'^ Ave SE
Milnor ND 58060
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, August 12, 2021, 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.)
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to
present the application. A link to the virtual meeting will be provided on the Land & Resource website
seven days prior to the public hearing.
Public comments regarding this application must be received by 12:00PM the day before the public
hearing date. Members of the public wishing to make comments at the public hearing may be present
at the public hearing. As an alternative, members of the public wishing to observe and/or make
comment on this application may participate in the public hearing virtually. A link to the virtual meeting
will be provided on the Land & Resource website seven days prior to the public hearing regarding this
application may be expressed at the public hearing, mailed to the Land & Resource Management Office
at the above address, or emailed to land(5ico.ottertail.mn.us. Written correspondence or emails.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** 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.- 02000990662000
Lot 14 of Oak Ridge Beach
Section 14, Township 134, Range 40
Township Name - Amor
Otter Tail Lake (56-242), General Development (GD)
31274 Oak Ridge Beach Rd., Richville MN 56576
Lake Name/Number/Class:
Property Address:
*OVER
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
*v
The variance requested is the following:
Proposing to move the 10' x 20' storage building on Parcel No. 02000990663000 to my Parcel
No. 02000990662000. This structure is 11.2' in height and would be placed approximately 40'
from Ottertail Lake at the base of the bluff under the WOAS requirements. However, since the
existing structure is 11.2' in height and not the required 10' for a WOAS a variance is needed.
We are not able to meet the 75' setback due to the bluff location.
Amy Busko
Board of Adjustment Secretary
July 29, 2021
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otter Tail County
oTTtRTAiL Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
35. /
fioo 9^00^^ oo OPIN
Property Address ‘
Square Footage of Lot
Acres x 43,560
Property Area (from GIS or Survey):ft^A1Acres 3^,99 J
Total Area Allowed for Buildings
A1 X .20
Total Area Allowed for Impervious Surface
A1 X .25
ft^A3A2
List ALL existing other impervious surfacesList ALL existing structure footprint areas
Totai impervious Surface
Description AreaAreaDescription
B1 ff^Oriveway/Parking area(s)Dwellif>g and Attached Garage Total Impervious-Buildings
loeck^5^^a I/O*?C1ft^ft^Patio/SidewalkDetached Garage Total Impervious-Other
Total Impervious Surface
B1 +C1 ^55 / Jlft^ft^Shed(s)Retaining wall(s)
Total Percent Impervious
(D1 A1)x too
ft^ft^Landscapir>gMiscellaneous
3-2.ft^ft^OtherRecreational Camping Unit
Allowable Total Area Remaining A2-D1 ft^
ft^ft^Water Oriented Accessory Structure
Project being requested:C1B1Total Impervious-OtherTotal Impervious-Buildings
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items
LJ not located In the Shore Impact Zone. Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 + A1)x 100
Reviewed by L&R
□ El Greater than 15%; Exemption Not Allowed
Date:Int;
b:
D El 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This
[~| exemption only applies to Items not located in the
Shore Impact Zone. Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1
ft^B3
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes AgncuHure. Urban,Tributary Rivers)o <1 75 ft (Transition Rivers) ^ *
l00ft(NE Lakes)
ftLake Classification
Shore Impact Zone Area
SI x S2
ft^S3S2ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface
S3 X 15 fpS4
LIstaM^jttMff’Tmpervious'^V^aces In th^^ore Impact ZoneList all structure footprints in the Shore Impact Zone
Total Impervious Surface
Dwcription A AreaDescription Area
ft^S5 ft^ft^Patio/Side«Building(s)Buiidings
S6 ft^ft^fp (eck(s)Other
Totai Impervious Surface
S5 + S6
fi^ft^S7ft^Landscaping/retainging wall(s)
Total Percent Impervious
(S7f S3)x 100
ft^ft^Driveway/Parkir>g area(s)
fi^ft^Miscellaneous
Allowable Area Remaining S4-S7
ft^ft^
SIZ Total Impervious-Buiklirvgj §0 ft^S6 ft^SIZ Total Impervious-Other 7/1/2021
74^/-Hr
DatePrinted Name
otter Tail County
otifsjail Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
3399!
dA 000 OOPProperty Address
Square Footage of Lot
Acres x 43,560
Property Area (from GIS or Survey).A1Acres
Total Area Allowed for Buildings
A1 X.20
Total Area Allowed for Impervious Surface
A1 X .25
ft^ft'A3A2
List ALL proposed other impervious surfacesList ALL proposed structure footprint areas
Total Impervious Surface
Description AreaDescriptionArea
Siuo'l «■Total Existing Impervious-
Other from Page 1
Total Existing Buildmg
Impervious from Page 1 ClB1ft'
'iM «■Total Proposed Building Impervious FIft'ft'Dnveway/Parking area(s)Dwelling and Attached Garage cz Total Proposed Impervious- Otherft'G1ft'Patio'SidewalkDetached Garage
Total Proposed Impervious Surface
F1 * G1________________
ft'ft'HIRetaining wall(s)Shed(s)
Total Proposed Percent Impervious
(HI 1-A1)x 100_______
ft'ft'IIMiscellaneousLandscaping
ft'ft'OtherRecreational Camping Unit
Allowable Area RemainingHI
^DO ^ft'Water Oriented Accessory Structure
3/VV G1FITotal Impervious-OtherTotal Impervious-Buildings
Percent Building Impervious
(FI T A1) X 100
Allowable Building Area Remaining A3-FI ft'
SHORE IMPACT ZONE
37.6 ft (GD Lakes)
50 ft {RD Lakes/Agnculture, Urban,Tributary Rivers) C *1
75 ft (Transition Rivers)
100 ft (NE Lakes)
tiD ftLake Classification
Shore Impact Zone Area
SI xS2
ft'S3S2ftAverage lot width in the Shore Impact Zone OD
Total Area Allowed for Impervious Surface S3X.15 S4
List all proposed other impervious surfacesList all proposed structure footprint areas
Total Proposed Impervious Surface
AreaAreaDescriptionDescription
Total Existing Impervious-
Other (Pg 1)
Total Existing Building
Impervious (Pg 1)S6 ft'ft'S5
ft'S8ft'Patio SidewalkBuilding(s)Proposed Buildings
S9ft'ft'Deck(s)Proposed Other
HITotal Impervious Surface
S8 ♦ S9 sig ft'ft'ft'Landscaping/Retaining wall(s)
Total SIZ Percent Impervious
(S10 + S3)x100
ft'ft'Dnveway/Parking area(s)
ft'ft'Micellaneous
Allowable Area Remaining
S4 ■ S10ft'ft'
S9S8ft'Total Impervious-OtherTotal Impervious-Buildings 7/1/2021
DateSignaturePrinted Name
Compliance Inspection FormMinnesota Pollution
Control Agency
520 Lafayette Road North
SLPaul,MNSS1SS-4194
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): 4/21/2Q2Q
[^Compliant - Certificate of Compliance
(Valid for 3 years from report date, unless shorter time
frame outlined in Local Ordinance.)
[^Noncompliant - Notice of Noncompliance
(See Upgrade Requirements on page 3.)
I
R^on(s) lor noncompliance (check all applicable)
__I Impact on Public Health (Compliance Component #1) - Imminent threat to public health and safety
__Other Compliance Conditions (Compliance Component #3) - Imminent threat to public health and safety
__Tank Integrity (Compliance Component #2) - Failing to protect groundwater
I^Other Compliance Conditions (Compliance Component #3) - Failing to protect groundwater
I Isoil Separation (Compliance Component #4) - Failing to protect groundwater
I___[operating permit/monitoring pian requirements (Compliance Component US) - NoncompUant
02000990662000Property information
Property address: 31274 Oak Ridge Beach Road
Property owner: Galen & Laura Youngsma____
Parcel ID# or Sec/Twp/Range:
Reason for inspection: Sale
Owner's phone:
or 218-205-1970Owner’s representative: Dave Wieser Boll Realty
Local regulatory authority: OTWMD____________
Brief system description: 3 bedroom system 1500 2c septic tank to 500 sg ft trench drainfield
Comments or recommendations:
System last pumped in 2018
Representative phone:
Regulatory authority phone: 218-548-7400
Certification
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.
Inspector name: Alex Kvidt
Business name: OTWMD
Inspector signature: Alex Kvidt
Certification number: 9744_______
License number: OTWMD____
Phone number: 218-546-7400V EXglt&Dy signed by Alev KvWI
/ Date; a020.Q4.21 082035-QgOy
Necessary or Locally Required Attachments
I / Bvstem/As-built drawing I Iporms per local ordinance/ Soil boring logs
Other information (list):
TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 1 of 3
651-296-6300 • 800-657-3864www.pca.state.nnn.us •
wg-wwists4-31b • 614114
AK , 4/21/202031274 Oak Ridge Beach RoadProperty address:Inspector initials/Date:
(mm/dd/yyyy)
1. Impact on Public Health - Compliance component #1 of 5
Compliance criteria:Verification method(s):
Searched for surface outlet
Searched for seeping in yard/backup in home
Excessive ponding in soil system/D-boxes
tomeowner testimony (See Commenls/Explanalion)
Black soil" above soil dispersal system
System requires “emergency" pumping
Performed dye test
Jnable to verify (See Comments/Explanation)
Other methods not listed (See Comments/Explanation)
/[7^°System discharges sewage to the
ground surface._______________
Yes
[ves I ^1^0System discharges sewage to drain
tile or surface waters.
Qes[7fMoSystem causes sewage backup into
dwelling or establishment.________
Any “yes” answer above indicates the
system is an imminent threat to public
health and safety.
Comments/Explanation;
2. Tank Integrity - Compliance component #2 of 5
Verification method(s):
[ / I Probed tank(s) bottom
I / I Examined construction records
I I Examined Tank Integrity Form (Attach)
I [Observed liquid level below operating depth
I [Examined empty (pumped) tanks(s)
I [Probed outside tank(s) for "black soil"
I [Unable to verify (See Comments/Explanation)
I [Other methods not listed (See Comments/Explanation)
Compliance criteria:
|Yes[Z]NoSystem consists of a seepage pit,
cesspool, drywell, or leaching pit.
Seepage pits meeting 7080.2550 may be
compliant if allowed in local ordinance.
|Yes[Z]NoSewage tank(s) leak below their
designed operating depth.
If yes, which sewage tank(s) leaks:
Any “yes" answer above indicates the
system is failing to protect groundwater.
Comments/Explanation:
3. Other Compliance Conditions - Conipliance component #3 of 5__________________________
a. Maintenance hole covers are damaged, cracked, unsecured, or appear to be structurally unsound.] |Yes* [/] No 0110X0
b. Other issues (eiectncal hazards, etc.) to immediately and adversely impact public health or safety. Qy®®* [/]^° [^Unknown
"System is an imminent threat to pubiic heaith and safety.
Explain:
own
c. System is non-protective of ground water for other conditions as determined by inspector. j / |No
"System is faiiing to protect groundwater.
Explain:
TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 2 of 3651-296-6300 • 800-657-3864www.pca.state.mn.us •
wq-wwists4-31b • 6/4/14
AK 4/21/2020Property address: 31274 Oak Ridge Beach Road Inspector initials/Date:I
(mm/dd/yyyy)
4. Soil Separation - Compliance component #4 of 5
I [unknown11/1/2004Date of installation:Verification method(s):
Soil observation does not expire. Previous soil
observations by two independent parties are sufficient,
unless site conditions have been altered or local
requirements differ.
[/] Conducted soil observation(s) (Attach boring logs)
I [Two previous verilicafions (Attach boring logs)
[ [Not applicable (Holding lank(s), no dralnfield)
I [Unable to verify (See Comments/Explanation)
I [Other (See Commenls/Explanatlon)
(mm/dd/yyyy)
Shoreland/Wellhead protectlon/Food beverage lodging?[^Yesj |no
Compliance criteria:
I [ves| I NoFor 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:
Dralnfield has at least a tv^o-foot vertical
separation distance from periodically
saturated soil or bedrock.
7]Yes[jNoNon-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:
Dralnfield has a three-foot vertical
separation distance from periodically
saturated soil or bedrock.*
Comments/Explanation:
0-10 10YR 3/2 Topsoil 10-16 10YR 4/3 Sandy Loam
16-20 10YR4/3Med Sand
20-22 7.5YR 4/6 Med Sand 22-28 10YR 4/3
Med Sand 28-68 10YR 5/4 Med Sand
68-84 10YR 6/4 Fine Sand
“Experimental", “Other", or "Performance" lYes ^No
systems built under pre-2008 Rules; Type IV —' '------'
or V systems built under 2008 Rules (7080.
2360 or 7080.2400 (Advanced Inspector
License required)
Dralnfield meets the designed vertical
separation distance from periodically
saturated soil or bedrock.
Indicate depths or elevations
48A. Bottom ol distribution media
84+
B. Periodically saturated soil/bedrock
36+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
falling to protect groundwater.
y/ Not applicable5. Operating Permit and Nitrogen BMP* - Compliance component #5 of 5
No If "yes”, A below is required
No If "yes”, B below is required
Is the system operated under an Operating Permit?
is the system required to employ a Nitrogen BMP?
e/WP = Best Management Practice(s) specified in the system design
If the answer to both questions is “no”, this section does not need to be completed.
Yes
Yes
Compliance criteria
a. Operating Permit number: ________________
Have the Operating Permit requirements been met?
Yes No
Yes Nob. 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 falling 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 falling 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 used in connection with food, beverage, and lodging establishments as defined In law.
TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 3 of 3
www.pca.state.mn.us • 651-296-6300 • 800-657-3864
wq-wwlsts4-31b • 6/4114
Dipaiimentdf
tji®mX^^^;RESOUReB‘MA^Ii«^3EKffiOT “ pp#R T^C iCpUNl^
OTTCilTIIII
OOSAVV-aiAAflQf a.
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 [02000990662000
Township: Amor
Property Owner Name(s): Galen & Laura Youngsma
Property Address; 31274 Oak Ridge Beach Road
Reason for Inspection: Sale
Number of Bedrooms: [3
Section; 14
In Shoreland Area?
Lake/River Name, Number, & Class j 56-242 Ottertal! GO
NoYes
System Compliance Status:Compliant
Non-Compliant
^o
/ Mo
Yes
Yes
Does 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?
/NoYes
Noes/
/NoYes
"Yes" indicates that the system is failing to protect ground water and
is noncompliant. If "Yes", describe the condition noted:
System Last pumped in 2018.1500 2c tank to 500 sq ft gravity trench drainfield
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 detennine 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 Kvidl
Certification Number 9744
Business License Name & Number: qtwMD
Signature: [Afex Kvidf rsVlQl
/^Oale; J020.04.21 0B;25;41 -05 00'Date: 4/21/2020
Page 1 of 2ExceirComplianco Form for OTC 1/1 S/2014
Otter Tail County Compliance Inspection Form Addendum (cont.)
il
Parcel Number: 02000990662000
Date & Initial: l4/2i/?n?n ak
System Drawing
The system drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all septic/holding/lift tanks,
drainfields, wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling structures, lot lines, road right-of-ways,
easements, OHWLs, wetlands, and topographic features (i.e. bluffs).
-O'nfrtaflaks
.o^ywo
k
z.
I
OakRiVtcBs^tod;
Additional Comments: iCompliant System
Page 2 of 2ExceVCompliance Form for OTC 4/14/2017
RECEIVED
Land & Resource Management, GSC 540 w Fir, Fergus Fa'is, MN 56537
Phone: (218) 998-8095 Fax:(218)998-8112 Website: www.co.ottertail.mn.us JUN 0 5 202C
^ RFSOliRCt-SEWAGE TREATMENT SYSTEM PROPERTY TRANSFER FORM ^ -
This Form must be filed with the Otter Tall County Auditor at the time of sale or transfer of property.
OTTIRTflll
i| l<; J I*
Parcel Number of Properly: ( -0^ - L,Q ~ <0OO
'iyixAkn l ________________
(J /S/Kfe. J
Ohcn-iQA^ A"i ^ U; {jljY\.a. ^ I /? Q n .u >>
^}Q3 ?) f. OrYi J/i^~K}n ___________________
CY)k^ i^f d^l P)Vn<}h iTi/O
Legal Description of Property to be Transferred; , ^ C)CXJL^( __________________________
Section: j ________Township Name:
M-3r3-6DihSeller(s) Name:
Mailing Address:
Buyer(s) Name:
Mailing Address:
Address of Property to be Transferred:
Phone No.:
Phone No.:~/C)/-
ife:SbBSURFteEf$W»PggW!gPiViErinjsySTEIVi;iNroRiViaTialteija«ii«
I ; EXEMPT (Compliance Inspection not required)
I I The property to be transferred has no structures usable for human habitation.
Q The property to be transferred has no buildings with plumbing fixtures.
Q A public municipal sewer system, a community sewer system or a centrai sewer system for which a National
Pollutant Discharge Elimination System (NPDES) Permit has been issued, services the dweliing(s) on the property
to be transferred.
[~| The sale of land Is exempt from the requirements that a Certiricate of Real Estate Value (CRV) be filed with the
Otter Tail County Auditor’s Office as described in Minn. Statutes 272.115, subd.1.
I I The transfer is a foreclosure or tax forfeiture.
l^COMPLIANT (Verification must be attached)
FH The system is in compliance as Indicated by the attached Certificate of Compliance issued by the Otter Tail County
Land & Resource Management Office within the last 5 years.
The system is in compliance as Indicated by the attached Compliance Inspection Report completed by an MPCA
Registered Professional within the last 3 years.
QnoN-COMPLIANT (The Buyer acknowledges responsibility to bring Sewage System into compliance)
I I The system is not In compliance as indicated by the attached Compliance Inspection Report completed by an
MPCA Registered Professional within the last 3 years. The Buyer agrees to bring this system Into compliance with
the provisions of Otter Tail County’s Sanitation Code as specified In the Code.
I I The Buyer agrees to bring this system into compliance with the provisions of Otter Tail County's Sanitation Code as
specified in the Code without providing a Compliance Inspection Report,
[jWlNTER TRANSFER (Compliance Inspection Report required by June 1*')
I I The sale or transfer of property occurs during the winter months of November 15'^ and April IS*^, the buyer must
provide the Otter Tail County Land & Resource Management Office a Compliance Inspection Report completed by
an MPCA Registered Professional by the following June l*’.
Qas is (The buyer acknowledges responsibility to bring sewage system into compliance)
[]] A Compliance Inspection has not been completed. The Buyer agrees to provide a valid Compliance Inspection to
the Otter Tall County Land & Resource Office within 30 days of the property transaction and is responsible for any
required upgrade should the system be non-compliant.
Sy signing this Transfer Fom-, the buyer{s) agree to have proviced accurate in*o'r-ation for this property transfer. Otter Tali County does not guarantee
'uture operation of onsite sewage treatment systems If this system shouid fa i to function properly in the future, it will be the resoonsibility of the current
O'operty owner to bring the sewage treatment system into compliance with appi cable Otter Tail County Ordinances,
Buyer(s)
Buyer(s)
Date:
5 - >>D>XDate:
Mbowmw AppItaBlton* & Form! Froo«fty Tr«n*ftr Fofm C3-16-Z016
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 29*^ day of July, 2021 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 Association
OTLPOA
PO Box 21
Battle Lake MN 56515
Brenda Hildebrand, Clerk
Amor Township
30411 Amor Park Rd
Battle Lake MN 56515
Thomas & Wanda Hogness
8195 147**^ Ave SE
Milnor ND 58060
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:
Devils (N^ Perham):
Donald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
^ Big Pine:
Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
E
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
UJ
LittI
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little
Peli(
South Turtle Lake:
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
Julie 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: June 24, 2021
3ExtraAmy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members___
PC Member______
Envelopes____13
TOTAL NOTICES TO PRINT____23
[ I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
5
1m MinutesBy:
Amy Busko
https://ottertaiImn.sharepoint.com/sites/LandResources/Sh
Thomas Affidavit (56-242) 08-12-21.docx
■ mBuffer Parcels
Citv St ZiDParcel No Addr 2Addrl
31385 Oak Ridge Beach Rd
Name 1 Name 2
Richville MN 56576 9538Darryl L & Carmen K Trusty02000140106000
Richard Shorma Tstee Wahpeton ND 58074 097002000140106001PO Box 970
Battle Lake MN 56515 9332Amor Township02000140106002 Attn Brenda Hildebrand 30411 Amor Park Rd
Matthew 0 & Kerstin J Esterby Fargo ND 58103 4742020009906560001762 Prairie Ln
Underwood MN 56586 9333BieglerTst27648 County Highway 4502000990657000
Neil C & Arne A Gudmestad Fargo ND 58103 84221551 32nd St S Apt 20502000990658000
Neil C & Arne A Gudmestad Fargo ND 58103 8422020009906590001551 32nd St S Apt 205
Richville MN 56576 9534Catherine L Barner Tstee Et Al 31262 Oak Ridge Beach Rd02000990661000
Milnor ND 58060 9107Thomas 8i Wanda Hogness02000990662000 8195 147th Ave SE
Washington DC 20016 334302000990663000Martin T Moe 5008 Macarthur Ct NW
Joel E & Vivian Quam Lombard IL 60148 335902000990664000737 Elizabeth St S
Wahpeton ND 58075 302702000990665000 J 8t S Jenson Family LLLP 678 21st Ave
Northfield MN 55057 1301Lauren 8i Mary Egdahl Tstees02000990666000 927 Cannon Valley Dr W
Richville MN 56576 9535Sarah 0 Govig 31402 Oak Ridge Beach Rd02000990668000
Page 1 of 1Wednesdav. Julv 28. 2021
y.:- - •*Buffer Mail
City, State, ZipAddress i Address 2Name
Amor Township Battle Lake MN 56515 933230411 Amor Park Rd
BieglerTst 27648 County Highway 45 Underwood MN 56586 9333
Catherine L Barner Tstee Et Al 31262 Oak Ridge Beach Rd Richville MN 56576 9534
Matthew 0 & Kerstin J Esterby 1762 Prairie Ln Fargo ND 58103 4742
Sarah 0 Govig 31402 Oak Ridge Beach Rd Richville MN 56576 9535
Neil C & Arne A Gudmestad 1551 32nd St S Apt 205 Fargo ND 58103 8422
Thomas & Wanda Hogness 8195 147th Ave SE MilnorND 58060 9107
J & S Jenson Family LLLP 678 21st Ave Wahpeton ND 58075 3027
Lauren & Mary Egdahl Tstees Northfield MN 55057 1301927 Cannon Valley Dr W
Martin T Moe 5008 Macarthur Ct NW Washington DC 20016 3343
Joel E & Vivian Quam 737 Elizabeth St S Lombard IL 60148 3359
Richard Shorma Tstee Wahpeton ND 58074 0970PO Box 970
Darryl L & Carmen K Trusty 31385 Oak Ridge Beach Rd Richville MN 56576 9538
Wednesday, July 28, 2021 Page 1 of 1