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HomeMy WebLinkAbout37000280151027_Variances_07-14-2022Date Received 1280635RECEIVED lUNaj 2022 -AND & RESOURCt L&R Initial LYNN R LARSON OTTER TAIL COUNTY RECORDER/RE0ISTRAR OF TITLES FERGUS FALLS, MH RECORDED ON .“.Q .Q j 1 ^ AM THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER FEE: 46.00 -AGES 9 well CERTIFICATE REC'D; N •"■’LT APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us fiPO.onApplication Fee 2c^^^ t>?7Receipt Number Reviewed/Accepted By / Dale (< 920-400-9187Roxanne and Craig IreyPROPERTY OWNER DAYTIME PHONE 2633 13th Drive Adams, Wl 53910MAILING ADDRESS roxieandcraig@gmaii.comE-MAIL ADDRESS 747 Lida GDLAKE NUMBER _ SECTION TOWNSHIP LAKE NAME .lake CLASS Lida136TOWNSHIP NAMERANGE d(37000280151027 YpnRFSs RliPARCEL NUMBER 37000280151026 an 24739 Matson Point TrI kkLi LEGAL DESCRIPTIONA tract of land 75 feet in width being part of govenment lots 2 and 3 in Section 28, Township 136, Range 42 IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER T^COUNTV ORDINANCE (Please Check) ^Klshoreland Management Ordinance EH Sanitation Code EH Subdivision Controls Ordinance SECTION(S) OF ORDINANCE(S): S2_cJc [URenewable Energy Ordinance Dother_________________ Lp t VN^^Q-r-V\rr-v M I [Attached Subsurface Sewage Treatment System Compliance Inspection EH No septic system on property 7-14-2020Inspection Date: Page 2 Property Owner Roxanne and Craig Irey Parcel Number 37000280151026 and 37000280151027 SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST; We would like to build a detached garage 2 feet from road right of way and 55 feet from the traveled surface. The standard is 20 feet from the right of way. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & R^URCE MANAGEMENT REGARDING THIS MATTER. SIG|y^5JtdRE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY -..i ‘■QODate Of Board of Adjustment Hearing Motion Time Roxanne & Craig Irey-Variance Application Approved as Requested (7:12 p.ni.) After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance request to construct a detached garage being 2 feet from the road right of way and 55 feet from the traveled surface. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. hairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No U R Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WVWV.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TRIl 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:Roxanne & Craig Irey Address/Parcel No. 37000280151026 & 37000280151027 Requested Variance: We would like to build a detached garage 2 feet from road right of wav and 55 feet from the traveled surface. The standard is 20 feet from the right of wav. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4 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: Have a unique property which is on a "T" with a curve in the road. Property has 55' of roadway to the traveled road surface because of the curve. The proposed garage will be on the property: however the garage will be 57' from the traveled surface because of the location of the RROW. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The location of the road right of way is unique and the garage will be 57'from the traveled surface. 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... LI No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The uniqueness of the property and there are similar structure int eh area with similar setbacks. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The location of the road right of way makes it difficult to meet structure setbacks. The property owner did not create the location of the road right of way. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than Just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: Because of the road right of way lacatian and the actual traveled surface. There should be not issues with road maintenance. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. "Dotto^DATED: July 14, 2022 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. Charles F. Anderson & Abigail A. Smith - Continued After consideration and discussion, David Wass made a motion, seconded by Rick West with Thomas Lee voting no to approve the variance to construct a 10’ x 40’ lean-to roof to an existing building (30’ x 40’) being approximately 40’ to ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Tobbie & Shelly Krueger - Variance Application Approved with Condition (7:05 p.m.) Tobbie & Shelly Krueger, Tr Called Lot 2 of Inwood Addn., Fish Lake (56-768) in Dunn Township requested the following: Requesting a 10 foot variance from the current 20 setback from the road right of way to build a detached garage 10 feet from the road right of way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. Tobbie & Shelly Krueger, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. Russell Larson submitted an email in support of the variance request. Jeff & Rhonda Flarmon submitted an email in support of the variance as requested. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to construct a detached garage being 10’ from the road right of way and reducing the impervious surface coverage to 28.48% with the condition that the structure w ill meet the 10’ lot line setback. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Roxanne & Craig Irey-Variance Application Approved as Requested (7:12 p.m.) Roxanne & Craig Irey, A Tract of Land 75 feet in Width Being Part of GLs 2 & 3, Lida Lake (56-747) in Lida Tow nship requested the following: We w ould like to build a detached garage 2 feet from road right of way and 55 feet from the traveled surface. The standard is 20 feet from the right of way. Craig Irey, property owner, represented the variance application. The audience was polled w ith no one speaking for or against the variance as requested. Lida Township submitted an email in support of the variance request indicating they have no objection to the Variance. After consideration and discussion, Darren New ville made a motion, seconded by Thomas Lee and carried to approve the variance request to construct a detached garage being 2 feet from the road right of w ay and 55 feet from the traveled surface. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. David D. Sweere - Variance Application Approved as Requested (7:24 p.m.) David D. Sw eere. Lot 8 Blk 1 of Rainbow Point Estates, Marion Lake (56-243) in Rush Lake Township requested the follow ing: Requesting to be 40’ from the ordinary high water level with a new, type 1 mound soil treatment area. Required setback is 50’. David D. Sweere, property owner, represented the variance application. The audience was polled w ith James Lemke speaking, had a couple concerns, questioning did he "over build” on the site and is there a 2"*' site for a system that is required to have. It was determined that this variance request is not the property that Mr. Lemke was referring to. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to install a type 1 septic system (mound system) being 40 feet from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings 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. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14,2027. Board of Adjustment July 14, 2022 Page I 3 STAFF REPORT APPLICANT:Roxanne & Craig Irey APPLICATION: We would like to build a detached garage 2 feet from road right-of-way and 55 feet from the traveled surface. The standard is 20 feet from the right of way. STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website t (/ ■- ■ . 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 6, Subp. 4, Table V A. Additional Structure Setbacks Structures and accessory structures must also meet the following setbacks, regardless of the waterbody classification: Table V Additional Structure Setbacks Setback (ft)Setback from: Top of bluff 30 50Unplatted cemetery Right-of-way line of federal, state or county highway_________ Right-of-way line of town road, public street, or other roads not classified. 20 20 10Property Line Property Line for Accessory Structures equal to or less than 120 5 ft^ 10Property Line for Water-Oriented Accessory Structure Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1, If approved, include a sunset date 5 years from date of public hearing, as required in Section 3, Subp. 11 (C) of the Shoreland Management Ordinance. w ' t'ij .*,-4: v;. ^r/.5^’.. :-• i- ft. ■ »■'h’ <' ■ ■I. '-.iU ?.•'. .» . r** 'i V ' V irnkT '-r -' ^ Ik ^ 12^!sd LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Roxanne & Craig Irey 2633 13*'' Drive Adams Wl 53910 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, July 14, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(S)co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days priorto the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, priorto 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. - 37000280151026 & 37000280151027 A Tract of Land 75 feet in Width Being Part of GLs 2 & 3 Section 28, Township 136, Range 42 Township Name - Lida Lida Lake (56-747), General Development (GD) 24739 Matson Point TrI., Pelican Rapids MN 56572 Lake Name/Number/Class: Property Address: The variance requested is the following: We would like to build a detached garage 2 feet from road right of way and 55 feet from the traveled surface. The standard is 20 feet from the right of way. . l/ijj' Dusko Board of Adjustment Secretary June 30, 2022 (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 'r \ 0 \ 1 In kf k^t ^IS^_U' cio \ \\%\IS^■If oX I^Oir<i^t,k;e V c m o \-XIVr$■ nti^ iM \ (?.? H- fetj. uo_S) O/ -'5>-» PdohC U}'■ I ^u< ?r otter Tai! County Land & Resource Management Impervious Surface Worksheet Existing Page 1 Property Address 24739 MStSOO Pt Til 37000280151027PIN Property Area (from GIS or Survey):Square Footage of Lot Acres x 43,5600 A1Acres 11250 Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Bufldings A1 X .20A22812.5 A3 2250 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total Impervious Surface Description DescriptionArea Area 1417 238 ft^1417 feB1Dwelling and Attached Garage Drlveway/Parklng area(s)Total ImperviouS'fiulldings ft^659.5C1Detached Garage Patio/SidewaD(Total lmpervious*Other Total Impervious Surface B1 +C1 2076.5 feft^'D1Shed(s)Retaining wall(s) Total Percent Impervious (D1 ♦A1)x100 18.46%ft"E1tt"Miscellaneous Landscaping 421.5ft"Recreational Camping Unit Oeck(s)736 ^Ailc3wable Total Area Remaining A2-D1ft"ft"OtherWater Oriented Accessory Stiucture 1417 ft"659.5 ft^B1 Cl Project being requested:Total Impervious-Buildings Total Impervious-Other Accessory structures less than or equal to 120 sq ft _ without a permit. This exemption only applies to items L-' not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 +A1)x100 Reviewed by L&R □ E1 Greater than 15% Exemption Not Allowed Int;Date:B2 12.60% □ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This Q exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building AreaRemaining A3 - B1 B3 833 SHORE IMPACT ZONE 37.5 n (6D Lakes) 50 ft (RO Lakes/ Agriculture. Urban,Tributary Rivers) 75 ft (Transition River) 100 ft (NE Lakes) Choose the ClassS1 ftChoose the ClassLake Classification Shore Impact Zone Area S1 xS2 S2 ft"S3 00ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 S4 ft"0 List all structure footprints In the Shore Impact Zone List all other impervious surfaces In the Shore Impact Zone Total Impervious Surface Description DescriptionArea Area ft"S5ft" ft"0Building(s)Patio/Sidewalk Buildings ft"S6 0 ft"ft"Deck(s)Other Total Impervious Surface S5 +S6 S7ft"ft"0 ft"Landscaping/retainging wall(s) Total Percent Impervious (S7+ S3) X100 NaNft" ft"Driveway/Parking area(s) ft" ft"Miscellaneous Allowable Area Remaining S4-S7 0 ft" ft" ft" 0 ft"0SIZ Total Impervious-Buildings S5 S6 ft"SIZ Total bnpervious-Other 7/1/2021 Craig Irey DatePrinted Name otter Tail County Land & Resource tVianagement Impervious Surface Worksheet Proposed Page 2 PropertyMdress 24739 MatSOfl Pt Trl 37000280151027PIN Property Area (fmm GIS or Survey):Square Footage of Lot Acres X 43.560 A10 fi^Acres 11250 Total Area Allowed for Impervious Surface A1 xJ25 Total Area Allowed for Buildings A1 x^O A2 2812.5 A3 2250 List ALL proposed structure footprint areas List ALL proposed other Impervious surfaces Total Impervious SurfaceDescriptionAreaDescriptionArea Total Existing Building Impervious from Page 1 Total Existing Impervious- Other from Page 1 1417 ft^659.5 feB1C1 Total Proposed Building Impervious-224 2121 ft'F1Dwelling and Attached Garage Dhveway/ParKing area(s) Total Proposed Impervious- Other704 fe 250 671.5 ft'Detached Garage G1Patio/Sidewalk Total Proposed Impervious Surface F1*G1 __________ ft'2792.5 ft'fp H1Shed(s)Retaining wall(s) Total Proposed PercentImpervious (HI ♦ADxlOO ft^24.82%fp 11MiscellaneousLandscaping ft^Recreational Camping Unit Oedc(s) Allowable Area Remaining A2 20 ft"HI ft"ft"Water Oriented Accessory Structure Other 671.5 ft"2121 feF1 G1Tob] Impervious-Buildings Total Impervious-Other Percent Building Impervious (FI+ADxlOO 18.85% AOowable Building Area Remaining A3-F1 129 fe ;SHORE IMPACT ZONE 37.5fl(GD Ukes) 50 ft Lakes/Agricultral, Urban,Tributary Rh/er) c 475 ft (Transition River) ^ ' lOOfUNE Ukes) Choose the Class ftUke Classification Choose the Class Shore Impact Zone Area SI xS2 0S20S3 ft"ftAverage lot width In the Shore Impact Zone) Total Area Allowed for Impervious Surface S3X.15 0S4 ft" List all proposed structure footprint areas List all proposed other impervious surfaces Total Proposed Impervious Surface Description Area Description Area Total Existing Building Impervious (Pg 1) T^l Existing Impervious- Other (Pg 1)0 0S5ft"S6 ft" 0ft" ft"S8 ft"BuHdlng(s)Patio/Sidewalk Proposed Buildings 0ft" ft"ft"S9Oeck(s)Proposed Olher Total Impervious Surface S8^S9 0ft"ft"S10 ft"Landscaping/Retaining wall(s) Total SIZ Percent Impervious (SIO + S3) X100 NaNft"ft"Driveway/Parklng area(s) ft"ft"Micellaneous 0Allowable Area Remaining S4-S10 ft" ft"ft" 0 ft'0 fe S9S8Total Impervious-Buildings Total Impervious^ther 7/1/2021 Signpttdre ^-1‘7-ZZCraig Irey DatePrinted Name 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 generai purposes and intent of the official control? (The board shall consider the purposes and Intent of the official control). i/uo lr(^ fnV up 2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai control? (The shrc A/ or\CT 9 board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control)./ mc/^/]£r-V^0 I A 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior landowners? (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 havei:a feature that^es not affect all parcels similarly.?) i v a \ Ocic 40 our v\c^uo Ae?rA'fH iDUcKfoP 4o onr pn^f&'Z-v -QroAA. '/-KC iAr\-^rlC_ ■ 5 ' 4. M/Vill the issuance of the variance maintairithe essentiai character of the locaiity? (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.) , . qccxprJ'''^ Hd Ac ho/'S' 0^ 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). Ac (2-VAcr 3 He 0^ \ oi^r // r Oq 4 CrStA, ■fVxC. fOCi4 (^9 X of oqr beqUA, Ujc -fo ikif Vo. \c'0'^1 CO \©r\ T/, J L , l/ $\ A.. ^i ^ 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^wners in the same area. vS OA bdil\ Whether existing sewage treatment systems on the property need upgrading before additional development isour2. approved. Whether granting the variance wiil be contrary to the public interest or damaging to the rights or other persons or to property values in the neighborhood. 3. No variance wili be granted simpiy because there are no objections or because those who do not object outnumber those who do. 4. 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.)J ;\It is the Board of Adjustment's job to apply appropriate legal standardfto a sp^ificfact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. 15Feb2019 CWL SUBSURFACE SEWAGE TREATMENT SYSTEM Land & Resource Management Government Services Center 540 Fir Avenue West Feigus Falls MN 56537 TflU Phone: 218-998-8095 CERTIFICATE OF COMPLIANCE OOIIITT-MI«*IIOT« SITBOWNER INFORMATION f, Site Address;Property ID#: 37000280151026 I Property Owner: CRAIG IREY SSTS CONTRACTOR INFORMATION Installation Business: Super Septic Inc of Pelican Rapids MPCA License #; L901 I Certified Individual on Job: Wayne Johnson Date of Installation: 2020-07-14 INSPECTION INFORMATION MPCA Registration No. County Permit No. 26232 I County Inspector: Andrea Perales Dates of Inspections: 2020-07-14 System Components: See as-built for detailed system component information i Well Setbacks: 68.5 Feet Well Status; Well installed at time of inspection COUNTY VERIFICATION OF SOIL CONDITIONS County Inspector Who Verified Soil Conditions: Andrea See soil observation logs Tank Replacement Only: Depth of Restriction 12 Inches Depth System Installed Below Grade -24 Inches Vertical Separation Provided at the Time of Installation 36 Inches SWF: Class V Injection Well: CERTIFIED STATEMENT j This certifies that the subsurface sewage treatment system installed at the aforementioned address was inspected during installation and found to be in compliance with requirements of the Otter Tail County Sanitation Code and Minnesota Rules, Chapter 7080-7083. This Certificate of Compliance is valid for five (5) years from the date of issuance unless Otter Tail County finds evidence of an imminent threat to public health and safety. Supporting documentation with detailed information on the system can be found on the attached as-built. • Andr©3 P©r3l©s ! ff69b16d6d4bbe438912bcf767fcd9faa06a89b19a1abe110bd952100b256025 i 2020-07-14! MPCA Reg. # j Datej Counfy Inspector 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 30th day of June 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Property Owner Township Clerk Lake Association Roxanne & Craig Irey 2633 13‘>^ Dr. Adams Wl 53910 Denise Boe, Clerk Lida Township PO Box 382 Pelican Rapids MN 56572 NA City Clerk-(if located within -2-mile6 of-a-Gity—NA Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaqement@outlook.com 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 Eagle Lake Imp, Dist,, Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp, Dist, David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, 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 S LU Big McDonald: Devils (Near Perham): Eagle Lake: Lida Lakes Little Pine & Big Pine: 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 St NE, Perham, MN 56573 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member David Wass - 29133 260'^'' St., Underwood MN 56586 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 30, 2022 Extra 3Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members_ PC Member____ Envelopes 15 TOTAL NOTICES TO PRINT____ |~~| Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press_____ 6 1 MinutesBy: Amy Busko 26 https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-747) 07-14-22.docx e Buffer Parcels Parcel No Citv St Zip Pelican Rapids MN 56572 7720 Addr 1 Addr 2Name 1 Name 2 37000280151022 Virginia Lou Ostiund RevTst 24661 Matson Point TrI 37000280151023 Jeremy B Frie 100 S Woodcrest Dr N Fargo ND 58102 2145 37000280151024 Charles R & Susan L Rodke Pelican Rapids MN 56572 772024701 Matson Point TrI Shawn D Benser Mapleton ND 58059 404737000280151025422 Sequoia Dr 37000280151026 Craig Irey Adams Wl 53910 95302633 13th Dr Adams Wl 53910 953037000280151027 Craig Irey 2633 13th Dr 37000280151029 John D & Georgia R Goffe Fargo ND 58102 12223713 Fairway Rd 37000280151921 Richard & Lisa Buth 4906 28th Ave S Apt 412 Fargo ND 58104 9020 37000280152000 Lakeway Farms LLC Pelican Rapids MN 56572 0627PO Box 627 37000990953000 Adam & Mallen Bruggeman Charlotte NC 28210 52146339 Montpelier Rd 37000990954000 Karen & John Borg Morgantown WV 26508 9227356 Flarbor Dr 37000990955000 Allen E Bakkila Moorhead MN 56560 41592115 7th St S 37000990956000 Scott & Christy Vanwechel Pelican Rapids MN 56572 771741947 Matson Point Rd 37000990957000 Jeanne Hovland & Paul Evenson Pelican Rapids MN 56572 0627PO Box 627 37000990958000 Donald A & Beverly R Bernhagen 202 12th Ave E West Fargo ND 58078 3017 37000991450000 Harry & Jodi Gilbertson 3593 49th St S Fargo ND 58104 4494 Pelican Rapids MN 56572 062737000991451000 Lakeway Farms LLC PO Box 627 37000991452000 Lakeway Farms LLC Pelican Rapids MN 56572 0627PO Box 627 37000991453000 Scott & Christy Vanwechel Pelican Rapids MN 56572 771741947 Matson Point Rd Wednesday. June 29. 2022 Page 1 of 1 Buffer Mail Name Address i Address 2 City, State, Zip Allen E Bakkila 2115 7th St S Moorhead MN 56560 4159 Shawn D Benser 422 Sequoia Dr Mapleton ND 58059 4047 Donald A & Beverly R Bernhagen 202 12th Ave E West Fargo ND 58078 3017 Karen & John Borg 356 Harbor Dr Morgantown WV 26508 9227 Adam & Mallen Bruggeman 6339 Montpelier Rd Charlotte NC 28210 5214 Richard & Lisa Buth 4906 28th Ave S Apt 412 Fargo ND 58104 9020 Jeremy B Frie 100 S Woodcrest Dr N Fargo ND 58102 2145 Harry & Jodi Gilbertson 3593 49th St S Fargo ND 58104 4494 John D & Georgia R Goffe 3713 Fairway Rd Fargo ND 58102 1222 Craig Irey 2633 13th Dr Adams Wl 53910 9530 Jeanne Hovland & Paul Evenson PO Box 627 Pelican Rapids MN 56572 0627 Lakeway Farms LLC PO Box 627 Pelican Rapids MN 56572 0627 Charles R & Susan L Rodke 24701 Matson Point TrI Pelican Rapids MN 56572 7720 Scott & Christy Vanwechel 41947 Matson Point Rd Pelican Rapids MN 56572 7717 Virginia Lou Ostiund RevTst 24661 Matson Point TrI Pelican Rapids MN 56572 7720 Wednesday, June 29, 2022 Page 1 of 1 Amy Busko Otter Tail County Land Wednesday, July 13, 2022 4:13 PM Amy Busko FW: Roxanne & Craig Irey hearing for Variance From: Sent: To: Subject: Please see email below. Thank you. Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. ----Original Message----- From: No Name <bigred2014@icloud.com> Sent: Wednesday, July 13,2022 12:46 PM ' To: Otter Tail County Land <land@co.ottertail.mn.us> Cc: Mike McNabb <bigred2014@icloud.com>; roxieandcraig@gmail.com Subject: Roxanne & Craig Irey hearing for Variance [You don't often get email from bigred2014@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Regarding Parcel # 37000280151026 & 37000280151027 This letter is from the Lida Township Board concerning Roxanne and Craig Irey Variance request. The llda Township board has no objection to the Variance regarding building a detached garage 2 feet from the road ROW and 55 feet from the traveled surface. If in the future any road work takes place olong Matson Point Trail or at said ddress 24739 Matson Point Trail Lida Township shall not be liable for damages or such. 1 Sheila Dahl Roxanne Irey <roxieandcraig@gmail.com> Sunday, July 10, 2022 11:37 AM Sheila Dahl meeting From: Sent: To: Subject: Craig will be attending the variance meeting virtually. We see that there will be a link for the meeting on the website, based on the letter mailed to us. We were at the lake last week and spoke with a couple of the gentlemen that are on the board and they didn't see a need for him to be there in person. I noticed in the letter we received, that public comments need to be sent to the committee by 12:00 the day before the meeting. What does that mean for Craig? If he is attending virtually, can the committee ask him questions and can he respond or does he have to send something off by Wednesday? I am hoping either he or I can call you tomorrow, Monday, and get a better idea of the process. Thank you. Roxie 1 1264224 LYHH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS. P1H RECORDED ON 08/26/2021 02^53 PM FEES 46.00 PAGES 7 WELL CERTIFICATE REC'Ds H F-- No delinquent taxes and transfer entered; Certi^cate of Real Estate Value ( filed ( ) not requiredT, Certificate of Real Estate Value No. \Q\6 n^(aO If :• C‘-- o::: r-X I (YEAR) rv< CO Otter Tail Co(/nty Auditor/Treasurer DeputyBy: \ioo A8 ojr/ B~f 000 A? 0/S/ Cover Page Otter Tail County Recorder Government Services Center 565 WFirAve Fergus Falls, MN 56537 218-998-8140 COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX $ SlVgO'.QO NUMBER OAT / , .1 ■ Prepared By: Mr. Craig Irey 2633 13th Dr Adams, Wisconsin 53910 ) ) ) ) ) After Recording Return To: Mr. Craig Irey 2633 13th Dr Adams, Wisconsin 53910 ) ) ) ) TAX PARCEL ID #: R37000280151Q27 tmO R70QOg801G10S6- oooZ fO|S^cs2_cp QUIT CLAIM DEED BE IT KNOWN BY ALL, that Mr. Stephen Irey, ("Grantor") whose address is 1110 Wilson Ave, Detroit Lakes, Minnesota 56501, and Mrs. Ann Henderson, ("Grantor") whose address is 1860 27th Ave S, Grand Forks, North Dakota 58201, hereby REM/SE, RELEASE AND FOREVER QUITCLAIM TO Mr. Craig Irey ("Grantee'), whose address is 2633 13th Dr, Adams, Wisconsin 53910, all right, title, interest and claim to the following real estate property located at 24739 Matson Point TrI in the City/Township of Pelican Rapids, located in the County of Ottertail and State of Minnesota and ZIP code of 56572, to-wit: Property having LuL No.22 and 21, with the Sectioii Nu. 28, and liaviiiy the fulluwingifesuiiptiefl: Sprt-?R Twp 130 Range-042 .40 AC Masion Survey lots Of GL 2&3 75Hjn lake callod-fot 22. A-and Twn-i36.Range.Q^.2 .11 AG. Back lot to NS Ro in roar of lot 21uf Maibun sttfvey lotsr FOR VALUABLE CONSIDERATION, in the amount of $80,000.00 dollars, given in hand, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged. BE IT FURTHER KNOWN, that this transfer shall be effective as of 05/07/2021, and that the Grantor makes no promises as to ownership of title to the above-referenced Property, but simply agrees to transfers whatever interest the Grantor has in it to the Grantee. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described Property is hereby transferred unto the Grantee, Grantee’s heirs, administrators, executors. 05/27/2021 successors and/or assigns forever; so that neither Grantor nor Grantor's heirs, administrati executors, successors and/or assigns shall have, claim or demand any right or title to aforesaid property, premises or appurtenances or any party thereof. (Grantor's Signature) Mr. Stephen Irey (Grantor's Printed Name) (Grantor's Signature) Mrs. Ann Henderson (Grantor's Printed Name) I (Grantee's Signature) Mr.- .Craig Irey (Grantee's Printed Name) Signed in our presence: i07an r>p - (Witness #2 Signature)(Witness #1 Signature) Tom Henderson Roxanne Irey (SECOND WITNESS NAME TYPED)(FIRST WITNESS NAME TYPED) Grantor's Address:Grantee's Address: Mr. Stephen Irey 1110 Wilson Ave Detroit Lakes, Minnesota 56501 Mr. Craig Irey 2633 13th Dr Adams, Wisconsin 53910 Mrs. Ann Henderson 1860 27th Ave S Grand Forks, North Dakota 58201 Mail Subsequent Tax Bills To: Craig Irey 2633 13th Dr Adams, Wisconsin 53910 »;;• VAvScj:>o£>i.ir^ )STATE OR ) SS.^Pc\£XMS>COUNTY OF 3 ) Za2^|The foregoing Quit Claim Deed was acknowledged before me oti Mr. Stephen Irey and Mrs. Ann Henderson, who are personally known to me or who hii produced a valid driver's license and/or passport as identification, and such individual(s) hav executed aforementioned instrument of his/her/their free and voluntary act and deed. IN WITNESS THEREOF, to this Quit Claim Deed, I set my hand and seal. Signed, sealed and delivered in the presence of: (Signature of Notary) A I ’ X/' /.v_,o'ia0(5, f, --- ' sV-l' n ?r».; (Printed Notary Name) ■Qttertail, Minnesota p,\crmuR V My Commission expires: i '■ -f, <I Note: The Original Copy of the Quit Claim Deed must be filed with the "Recorder of Deeds" with the Cler Courts having Jurisdiction where this property is located and only upon payment of any associated recort fees due at time of filing with the Clerk of Courts.; : , > r , ; ", ! ( ■9 Exhibit A A tract of land 75 feet in width and being a part of Government Lots 1 and 2 of Section 28, Township 136, Range 42, described as follows, to-wit: Conunencing at the Southeast comer of Government Lot 2, Township 136, Range 42 and thence running due North along the East line thereof a distance of 1441.9 feet and thence South 65 degree 17' West a distance of 49.1 feet to the point of beginning. From said point of beginning thence South 24 degree 43' East a distance of 230 feet, more or less, to the point of intersection with the West line of the road dedicated as a part of the plat of EMIL MATSON BEACH, thence generally Northwesterly and thence Northeasterly along said West line to a point on said West line which intersects with a line bearing North 65 degree 17' East 75 feet and thence South 24 degree 43' East from the point of beginning, thence North 24 degree 43' West to a point North 65 degree 17' East 75 feet from the point of beginning, thence SouthWest a distance of 75 feet to the point of beginning. * ‘ AND All those parts of Government Lot One (V) and of Government Lot Two (2), in Section Twenty-eight (28), Township One Hundred Thirty-six ^136) North, Range Forty-two (42) West, of the 5th P. M., according to the U. S. Government Survey thereof, lying in Otter Tail County, Minnesota, described as follows: Commencing at the Southeast comer of said Government Lot Two (2); thence North along the East line thereof Fourteen Hundred Forty-one and nine tenths (1,441.9) feet; thence North Sixty-five degrees Seventeen Minutes East (N65° 17' E) Twenty-five and nine tenths (25.9) feet to the point of beginning of the within described tract; Thence from said described point of beginning North Sixty-five degrees Seventeen minutes East (N 65° 17' E) Seventy-five and zero tenths (^75.0) feet; thence North Twenty-four degrees Forty-three minutes West(N24° 43' W) One Hundred Fifty and zero tenths (150.0) feet, more or less, to the shore of Lake Lide; thence Southwesterly along said Lake Seventy-five and zero tenths (75.0) feet to a boundary line bearing North Twenty-four degrees Forty-three minutes West (N 24° 43' W) from the point of beginning of the described tract; Otter Tail County, Minnesota 1264224 6 of 7 ( f. V ’ Thence South Twenty-four degrees Forty-three minutes East (S 24° 43' E) One Hundred Fifty and zero tenths (150.0) feet, more or less, to the point of beginning; and containing 0.26 of an acre more or less; and including all riparian and littoral rights appertaining thereto. And also a perpetual Right-of-Way and Easement for access roadway purposes over and along those parts of Government Lots One (1), Two (2) and Three (3) and the Southeast Quarter of the Southeast Quarter (SEl/4 of SEl/4)., all in Section Twenty-eight (28), Township One Hundred Thirty six (136) North, Range Forty-two (42) West of the 5th . R M., according to the U. S. Government Survey thereof, lying and being within a distance of Thirty-three (33) feet on both sides of the following described center line (said Right-of-Way being 66 feet wide), to-wit: Beginning at a point on the South line of said SEl/4 of SEl/4 which is distant 34 feet East of tile Southwest comer thereof, and running thence by the following courses to a point on the West line of the East 400 feet of said Government Lot 3, to-wit: North 14° East 313 feet; thence North 1° 28' West 1139.6 feet; thence South 65° 17' West 88 feet to a point on the East line of said Government Lot 2 distant 1405.6 feet North of the Southeast comer thereof; thence South 65° 17'West 290.7 feet; thence South 69° 48' West 239.4 feet; thence South 74 degree 48" West 315.9 feet; thence South 80° 18' West 410.3 feet; thence South 81° 38' West 123.2 feet to a point on the East line of said Government Lot 3 distant 1032 feet North of the Southeast comer thereof; thence South 81° 38' West 404,3 feet and there terminating;