HomeMy WebLinkAbout35000990359000_Variances_06-11-1998Variances
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE. FERGUS FALLS, MN 56537
(218) 739-2271
*** COMPLETE THIS APPLICATION IN BLACK INK ***CfL
PROPERTY OWNER Siirilo-,
Application Fee
Receipt Number ^
DAYTIME PHONE
ADDRESS >fu.(>iW Av^ SomM- 6(6«-r^
Wc^ UQ-0^9LAKE NAME
SECTION TOWNSHIP
LAKE NUMBER
n.RANGE
i/H-LAKE CLASS
TOWNSHIP NAME
FIRE NUMBER OR LAKE I.D. NUMBER Ll 4((^
LEGAL DESCRIPTION 3^-000- 9°|- o3s^-ooo
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TYPE OF VARIANCE REQUESTED (Plea^ Check)
Structure Setback___Structure Size____Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED fo r^fXcice ^
UK'€. -f i~v consfy
v/e/1 ly ^01^ yyUc^ci (ui€
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE/SUBDIVISION CONTROLS 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 DATE
V-.' f*j r
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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Accepted By Land & Resource
L & R Official/Date
Date Of Hearing -M-rrA _Lk Time 7.- 5<5
Motion
Relma Siirila - Approved
Motion was made by John Everts, seconded by Randall Mann and unanimously carried, to approve the variance as
requested noting the requirements contained within the letter dated March 26, 1998 from the Minnesota Department of
Health. Hardship is a substandard lot of record.
■^hairman/Otter Taif County Board of Adjustment
Permit(s) required from Land & Resource Management
V Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR 3lY\3yl
L R Official/Date
bk 0797-001
287,363 ■ Victor Lundeen Co . Pnmars • Fergus Falls. Minnesota
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
)
COUNTY OF OTTER TAIL)
SS
I. Sylvia G. Bergerud, Secretary for the Board of Adjustment for Otter
Tail County, Minnesota do hereby certify that on the 18th day of March,
1983 , the attached Notice of Hearing was duly served upon the following:
William A. Prigge, Henning,MN. 56551
Mary Jane Myer, Twp, Clerk of Eeaf Lake, Henning, MN. 56551
Lawrence A, & Twila Wurtz, 2519 Pierce St., Sioux City, Iowa 51104
L arry & Barbara Wurtz, 11230 Lancewood Circle, Lden Prairie, MN. 55344
Phyllis Bamona Prigge, 1155 Glen Road, NewPort, MN. 55055
Mabel C. & Marie J. Espeland, Henning, MN 56551
Lawrence & Marilyn Belmont, Henning, MN. 56551
Donna ^fae Wichelmann, .5307 Beachside Dr., Minnetonka, MN. 55343
Arthur M. Sangren, Rt.l, Henning, MN. 56551
Edna Markuson, Henning, MN. 56551
Kenneth & Mary Gutkneckt, Henning, MN. 56551
Howard & Mildred Trana, Henning, MN. 56551
Alice Torgrimson, Rt. 2, Henning, MN. 56551
Arloeen Gugel, Box 652, Pipestone, MN. 56l64
Daniel James OBrien & Lola Gene, Rt. 2 Box l6l, Henning, MN. 56551
Benjamin W. Miller, Henning, MN. 56551
Michael & Evelyn Gilbertson, Rt. 2 Box A38, Prior Lake, MN. 55372
Ralph E. & Claire Gosselin, Rt. 2, Ottertail, MN. 56i>71
Carl J. Roise, 1704 E. 5th St., St. Paul, MN. 55106
Denrin Con.-ity Court House, Ferg-as Falls, 14N 565.37
Mr. Terry Lejcher, DNR, 122l3g E. Fir Ave. , Fergus Falls, MN 56537
Department of Natural Resources, Regional Headquarters, Route #5, Bemidji, MN 56601
Town Board Chairman or Clerk
Board of Adjustment:
Craig Anderson, RR, Ottertail, MN 56571
John Everts, Route ir2. Battle Lake, MN 56 515
Tom Stringer, 213 South Mill, Fergus Falls, MN 56537
George Walter, Route #1, Perhara, MN 56573
Frank Lnchovitzor, Box 38L, Perham, MN 50573
by placing-a true and correct copy tnereof in a sealed envelope, postage prepaid, and
by depositing the same in the U. S. Mail at Fergus Falls, Minnesota, properly addressed
to each of the above named at the addresses shown above.
Dated March 18, 1983 Seoretary
o CANNED
Hughie & Erka Simmons, Rt. 1, Henning, MN. 56551
Thomas & Maxine Johnson, 1301 Cambridge St. Apt. 710, Hopkins, MN. 553^3
William Holmquist et al, $ Violet E. Haarstick, Rt. 1 Box yi, Erhard, MN. 5653^
Neil & Janet Misegades, 19528 Oxley Ave., Hastings, MN. 55033
Herman K. & Arlene Deckert, Henming, MN. 56551
Walter Dilly Estate, James Dilly Personal Rep, Box 182, Henning, MN, 56551
Norvald & Edith Nielsen, 5820 N. 56th St., Omaha, Neb, 68104
William Gregg, P.0, Box 1142, Ap0. San Francisco, CA 9^101
Arloeen Gugel, Box 652, Pipestone, MN. 56l64
Tv-J5p» j4e.nr.;/Mj j
Minnesota Department of Health
121 East Seventh Place
P.O. Box 64975
St. Paul, MN 55164-0975
March 26, 1998 %
Refer to: License Number 56687 (TN 1572)
Mr. Milo Fisher Ms. Relma Siirila
All-State Drilling, Inc.Route 2, Box 156
Rural Route 1, Box 178 Henning, Minnesota 56551
Dalton, Minnesota 56324
Dear Mr. Fisher and Ms. Siirila:
o
Subject: Request for a Variance from Minnesota Rules, Chapter 4725 to Replace an Existing
Buried Sewer Line and to Construct a Water-Supply Well, Unique Number 601672,
at the Relma Siirila Property Located in the NE% of Section 21, Township 134
North. Ranee 38 West. Rush Lake Township. Otter Tail County. Miimesota
This letter is in response to your request for a variance from Minnesota Rules, Chapter 4725
to replace an existing a buried sewer line and to construct the subject water-supply well
13 feet from each other, to construct this buried sewer line 18 feet from a shallow drive-point
well located on the adjacent property of Mr. John Mulvihill, and to construct the subject well
69 feet from a cesspool located on the adjacent property of Mr. Lanny Taylor.
Minnesota Statutes, section 1031.205, subdivision 6 requires that a person may not place,
construct, or install an actual or potential source of contamination any closer to a well than
the isolation distances prescribed by the commissioner of health by rule unless a variance has
been prescribed by rule.
Minnesota Rules, part 4725.4450 requires that a water-supply well must be located no less
than 50 feet from a buried sewer line. A well may be located a minimum of 20 feet from a
buried sewer that is pressurized and serves one single-family residence, or is a gravity sewer
which is not a collector or municipal sewer and that meets the materials and testing
specifications of Minnesota Rules, parts 4715.0530 and 4715.2820 (Minnesota Plumbing
Code). Minnesota Rules, part 4725.4450, subpart 1 requires that a water-supply well must be
located at least 75 feet from a cesspool, seepage pit, leaching pit, or dry well.
An inspection of the site was conducted by Mr. Jeffrey Grugel of the Minnesota Department
of Health (MDH) Fergus Falls district office on September 25, 1997. Mr. Grugel’s inspection
report indicates that there is no location on this property for the new well which meets all of
the well isolation requirements of Minnesota Rules, Chapter 4725. Mr. Grugel also reported
that an alternate location for the subject well was agreed upon with Ms. Siirila and Mr. Fisher
TDD: (612) 623-5522 (Twin Cities) 1-800-627-3529 (Greater Minnesota)NFD
An Equal Opportunity Employer
Mr. Milo Fisher
Ms. Relma Siirila
Page 2
March 26, 1998
that places the new well at least 75 feet from the Taylor cesspool and 11 feet from the
replacement buried sewer line. Furthermore, Mr. Grugel reported that the new water-supply
well will replace a shallow drive-point well located on the subject property. In addition,
Mr. Grugel reported that the new buried sewer line will be placed at the same location as the
existing buried sewer line because there is no crawl space large enough beneath the existing
house on this property to facilitate changing the plumbing so that the buried sewer line may
exit the house at a point further from nearby wells.
Based on the inspection, information provided in the variance request, supplemental
conversations, and in accordance with Minnesota Rules, Chapter 4725, a variance is granted to
construct a buried sewer line and the subject well with a separation between them of 11 feet.
A variance is also granted to construct this buried sewer line 18 feet from the existing well on
the John Mulvihill adjacent property. These locations near the western property line appear to
provide the greatest available separation between the wells and sources of contamination
located in this area. The variance is granted because there is no location on the subject
property which satisfies all of the isolation distances. The replacement of the existing
substandard buried sewer line with new approved and pressure tested materials, along with the
additional construction requirements listed below for the new well and buried sewer line,
should reduce the potential for contamination from the decreased separation allowed between
the sewer line and the wells located in this area.
The variance is granted with the following conditions:
1. The buried sewer line located less than 50 feet from the subject well and the neighbor’s
well must be constructed of approved materials and be successfully pressure tested.
Approved materials include cast iron pipe, or plastic pipe with ASTM designations D2665,
D3033, D3034, F789, or F891 for PVC; or ASTM designations D2661, D2751, or F628
for ABS pipe as prescribed in the Minnesota plumbing code. The portion of the line
located less than 50 feet from the wells must be successfully pressure tested in the
presence of a MDH representative or local zoning or health official, or the pressure test
must be performed by a licensed plumber who shall provide a signed statement identifying
the sewer materials and documenting that the sewer line was successfully tested at a
uniform pressure of 5 pounds per square inch for 15 minutes, as required by Miimesota
Rules, part 4715.2820.
2. The proposed buried sewer line located less than 20 feet from the subject well and the
existing well on the John Mulvihill property must be completely enclosed within an outer
concentric pipe sleeve which meets the materials requirement as stated in Condition No. 1.
Both ends of the outer pipe must be sealed to the inner pipe with watertight fittings.
SCANNED
Mr. Milo Fisher
Ms. Relma Siirila
Page 3
March 26, 1998
3. An inspection port must be installed on the downslope end of the outer concentric pipe
with a cover at the ground surface to provide for inspection of any leaking of the inner
pipe between the two pipes. This could be accomplished by installing a "T" fitting at the
downslope end on the outer pipe and extending the fitting to the ground surface.
4. The existing well located on the subject property must be permanently sealed by a
licensed well contractor in accordance with Minnesota Rules, Chapter 4725.
5. You must contact Mr. Gragel at 218/739-7585 or Mr. Mark Malinanger at 21o/755-3820
at least 24 hours prior to beginning construction of the buried sewer line and the well so
that an inspector may be present during construction of this sewer line and well.
6. All other provisions of Minnesota Rules, Chapter 4725, shall be in effect.
Alternative measures or conditions attached to a variance have the force of rule and effect of
applicable rule. If a party violates the alternative measures or conditions attached to the
variance, the party is subject to enforcement actions and penalties provided in the applicable
law or rule.
This variance is conditioned upon the applicable acceptance of and compliance with the
conditions of the variance. Failure by the recipient to comply with the conditions prescribed
in the variance will result in the immediate expiration of the variance.
Enclosed for your convenience is a "Documentation of Buried Sewer Construction and
Pressure Testing" form for reporting the results of the required pressure test and materials
verification. Please use the enclosed envelope to mail any documentation of the sewer
materials and testing to Mr. Grugel. If you have any questions, please contact Mr. Grugel or
Mr. Malmanger at the above-mentioned telephone numbers.
Sincerely,
Patricia A. Bloomgren, Director'
Division of Environmental Health
PAB:JAG:mjc
Enclosures
cc: Richard Brogard, Brogard Plumbing
\j Bill Kalar, Otter Tail County
SCANNED
VARIANCE REQUEST APPLICATION
MINNESOTA DEPARTMENT OF HEALTH
Well Management Unit, Metro Square Building, P.O. Box 64975, St. Paul, Minnesota 55164-0975
(612) 215-0811 or 1-800-383-9808
TDD (612) 215-0707 and Fax (612) 215-0978
The party requesting the variance must submit the request in writing, to the address listed on the back of this form, along with
the nonrefundable $100 application fee.
In counties or governmental units which currently have a well program delegation agreement, the variance request must be
submitted to both the Minnesota Department of Health (MDH) and to the delegated program for review. ^57'
The variance request must contain the following information.
A. Name of Requestor Company Name (if applicable)
StjrilcL________
Street Address
R^~-L __Alio__________
Telephone No.
Company Name (if applicable)
TW
M r\ r\ ^ rv ct ______ ________________
B. Name of Property Owner (if different from above)
State Zip
thri.scss 1
Street Address
City State Zip
C. Name of Contractor (if applicable)
Telephone No.
( )
Company Name (if applicable)
Street Address
City
l)e>-1 -h><
State Zip Telephone No.
/T7/7.7H7-Q17S
County
D. Well or Boring Location
Street Address of Well
/?-A- ’Z- Sx /5’(p
Fraction Section No.Range No.Township No.Township Name
5^'/4 /1/£.‘/4 9\3^
City
n ^/v c,
State Zip
S-Lssl
Fire No.
L
MN Unique Well No. (if known)
__L7X._______________
E. Rule(s) from which variance is requested (cite specific rule[s]). , - . / /( lu - Li 9 4rorr> f^c4-loe C<S5Pn|, ^3 4-To nr\ VreSt^re +«S7fe-cL
/me,.1
F. Reason(s) rule caifnot be met (include supporting evidence).
4o4 "IS 4o ncu'roi.o -fo oji~t e>r\ t ^i-LirvC. ■€_ "^fOPA
'Po)a4-S 4-
G. Alternative or additional protective measures to be taken to assure a comparable degree of protection to health or the
^nv^ronm^ ^ ^ ^ c| rPu-j-e-J X^^rr\ lo' SoS-C^C..
W)H r C-aSte.Q/-
H. Well Information
Estimated Depth'7o *Casing DepthIdS-"
Casing Diameter
H "
Casing Type Metq^ of Drilling/co*^«>-4 y
Depth to Water Grout Matenals So) Us
Descrip^n of Construction Methods and Anticipated Geologic Conditions.
' ' '-i j
Notice of Hearing for Variance
Otter Tail County Courthouse
121 West Junius Ave.
Fergus Falls, MN 56537
(218)739-2271 Ext. 240
Applicant must be present at the scheduled hearing.
To Whom it May Concern:
Relma Siirila
651 Hubbard Ave.
Santa Clara, CA 95051
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
June 11,1998, at 7:30 p.m.,
in the Commissioners' Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) 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 Reserve E, Leaf Lake Pleasure Grounds,
Fire# LL416
Section 21, Township 134, Range 38 - Township Name - Leaf Lake
Lake No. 56-114, Lake Name - Leaf Lake, Class - RD
The variance requested is:
a variance “to replace an existing buried sewer line and to construct the proposed deep well 13’ from the
replaced sewer line and the buried sewer line will be 18’ to neighbor’s shallow well."
Date: May 15, 1998
Board of^djustment Secretary
SCANNED
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 18th, day of May 1998 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Paul & Relma Siirila, 651 Hubbard Ave, Santa Clara, CA 95051
Lee La Pean, West Leaf Lake Assoc., Box 244, Ottertail, MN 56571
Mary Jane Meyer, Leaf Lake Twp. Clerk, RR 2 Box 197, Henning, MN 56551
Relma Siirila, RR 2 Box 156, Henning, MN 56551
Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Otter Tail County Public Health Department, Courthouse, Fergus Falls, MN 56537
Board of Adjustment:
Craig Anderson, RR 2 Box 685 , Ottertail, MN 56571-9608
John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St, Fergus Falls, MN 56537
Linda Bergerud, 613 West Lakeside Dr., Fergus Falls, MN 56537
George Walter, RR 1 Box 314, Perham, MN 56573-9752
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: May 18th, 1998
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
SC/ANNED