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HomeMy WebLinkAbout37000990820001_Variances_08-10-1976gr-IO-l‘?T(PWhite — Office Yellow — Owner Pink — Township APPLICATION FOR VARIANCE FROM Requirements of Shoreland Management Ordinances Otter Tail County, Minnesota : SOwner:Li) Ct h ' 0 h.Phone No Last Name First Middle Q /\J0ai-J ?o /o^CTtyStreet & No.State Zip No. S LLegal Description: Lake No..Lake Name Lake Class llAJ oSec.Twp.Range Twp. Name. JZ /S/ook' S If applicant is a corporation, what state incorporated in___ Applicant is: I\^^wner ( ) Lessee ( ) Occupant ( ) Agent List Partner's name and address below:Is Applicant a partnership. yes or no NAME, ADDRESS AND ZIP NO.NAME, ADDRESS AND ZIP NO. This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditons found in c-k"> A Qrwhat Section of the Ordinance: EXPLAIN YOUR PROBLEM HERE: ~l o S.«i- p u fi\ ^ ^o LL/k/CO Ccc'7 , /.o t / ? R e.-e. AO ‘ I h. In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. 104Application dated. Signature of Applicant —DO NOT USE SPACE BELOW— \DDate application filed with Shoreland Management Administratioa Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) Bothli-d^ 19 Filing acknowledgement________________ Date, time and place of hearing ^ 'I E ' 7 By Signature OjM / a't. /In1'30 pry.. DEVIATION APPROVED this_____ (OR A TTACHED) REQUIREMENTS: day of_19____WITH THE FOLLOWING Signature Chairman Otter Tail Planning Advisory Commission Deviation Approved this day of.19 . By.Malcolm K. Lee, Shoreland Management Administrator Otter Tail County, MinnesotaMKL-0871-016 171988-A® VICTOH LUNOCCN M.. ^RIIITtHS. rCMUl fM.U. HINN. August 23, 1976 Mr. Malcolm K. Lee Acting Secretary OTTER TAIL PLANNING ADVISORY COMMISSION County Court House Fergus Falls, Mn 56537 Dear Mr. Lee: ERNEST H. SWANSON DENIAL OF APPLICATION FOR VARIANCE I received your letter of August 19, 1976 advising that the Planning Advisory Commission had denied my application for variance. You will recall this related to a pump house constructed over a pump on my lake property. The pump house was located 18 inches from the lot line at one corner and 3 feet from the lot line at the other corner. The pump over which the structure is located existed prior to the passage of the Shoreland Management Ordinance in 1973. My reason for seeking the variance was of course that the structure was erected to protect the property then existing. Further the granting of the variance would not be contrary to the public interest or damaging to the rights of other persons or property value in my neighborhood. I hereby give notice that I am appealing this decision to the Board of County Commissioners of Ottertail County. By copy of this letter I am asking the County Commission to place the matter on the commission agenda and requesting that they notify me of the date and time of their next meeting at which this matter might be heard. I expect you will be forwarding the materials including exhibits introduced at the hearing held August 18, 1976 before the Planning Advisory Commission. I would appreciate your notifying me when these materials have been forwarded to the County Commission. Yours very truly. Ernest H. Swanson 705 21st Street South Fargo, North Dakota 58102 Board of County Commissionerscc: y^V-. . /S>:?< _ k /v'' <2>v^To tA)c e vv>, j o ■e v' ^K7V-0 CK<J^€n,eif...J^ '2^ ’^■/ut_______ X /?. 4 >^,'X -y),6/oc^ /Z -^ftV /<jcJ ..•tSt' (f~t. -<^^->"k.^u.W>-'— ^4, evT,^./y.Z^-/'> j No ^ / ^^w j" e c^) ■Sc^ Po /J.<s'^i>^ afs-9->yO o-u^.^ Co-Aa JO V T^-LJS’/)qv-€^ *-v.x^______ y y^i ST:^ >7^ r GRID PLOT PLAN SKETCHING FORM.feet/inches.Scale: Each grid equals .19.Application for Building Permit Dated--------- Application for Sewage System Permit Dated Building Permit Number_________________ Applicant agrees that this plot plan is a part of application (s) indicated above. On thl^fon* Trtaiw a drawing of your lot. Indicate all present buildings with dolid lines and ell proposed buildings or additions with dotted -lines. , indicate in feet j lake setback, side yard setback end rear jieftack. ' . ■ - . t r 19 -jSewage System Permit Number. i 1r^IajU'Dated.C2Signature1 r ( i '“rt-rn-:■ :'iV '■ IT ■*-r ^ f I -f +Wi 7^ mhm t-w t • r . '« I J 1 J,. i 1 T- ■*- '1.,-.1Si rT V*■ an1 I,___.J ti r i-i-ss'*i f- r ■f ■ -i 1 <1 4.. in: M 3Xii m 1 -T Hi ^ ...................................'T “ VliniH UfMttH 4 04.. »INTI4«. FtMUl M-Un «*MKL-^DBZlr-JOZt ■d«9104 T i;::: _ T Si *^-1R.»s fMf |41f-*rfi r +T + 4-t t I f r 4. + + 4—1-4- 4- Ia I4-.* 44 Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 MALCOLM K. LEE, Administrator November 2, 1976 Nr. £. H. Swanson 705 - 21st St.So. Fargo, North Dakota 58102 Dear Mr. Swanson: A complaint has been filed by this office charging you with: Wrongfully and unlawfully discharging raw sewage upon the ground surface of Lot 12, Block 5 Lida. Shores; and Altering an sewage disposal system within Otter Tail County without first obtaining a permit therefor, contrary to the form of the ordinance in such cases made and provided and against the peace and dignity of the County of Otter Tail, State of Minnesota. You are requested to appear in County Court, Court House, Fergus Falls, Minnesota 56537, at 10:00 A.M., Wednesday, November 17, 1976, Service of a summons has been dispensed with for your convenience. If you appear in court for this hearing fixed in this notice, you will be deemed to have waived issuance and personal service of a summons. If you do not appear a summons will be served upon you by personnel of the Sheriff Department. Sincerely, Administrator Imb cc: Steve Van Drake SHORELAND MANAGEMENTORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE SOLID WASTE ORDINANCE SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION FUEL AND ENERGY COORDINATIONRIGHT-OF-WAY SETBACK ORDINANCE Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 MALCOLM K. LEE, Administrator July 2, 1976 Mr. Stephen R. Van Drake Ass’t County AttorneyPelican Rapids, Minnesota 56572 County of Otter TailE.H, Swanson Our Pile No. 83Re: Dear Steves Oh July 1, 1976 I met with Mr. Kenneth Schepper, the installer who installed Mr. Swanson's sewage system. The following is a summation of that meeting. 1. The system was installed in August 1973 elmoat three (3) years ego. 2. The system as installed in August 1973 wet the minimum Shoreland Management Ordinance requirements. 3* Mr. Kenneth Schepper will testify to the following: a. Changes have been made in the lift station as installed by Schepper in August 1973» i.e. additional cement blocks have been added to the lift station. Cover on lift station on Juno 1976 was not same cover installed by'Schepper in August 1973* Pump in lift station on June [j., 1976 used to pump sewage to ground surface was not pump installed by Schepper in August 1973* Earth moving equipment has been used on ground surface since Schepper installed system in August 1973 evidenced by the fact that when Mr. Schepper observed the area on June 3> 1976, an injection line to lift station was exposed. The pump installed by Schepper was a Tuffy Impeller pump. b. c. d. e. SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE SOLID WASTE ORDINANCE SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION Mr. Stephen R, Van Drake , Page 2July 2, 1976 Cause of pump failure was due to an electrical switch malfunction. Warranty on said pump was for one year and expired in August 1971+. Mr. Swanson complained to Mr. Schepper that the system was not working on May 29, 1976 and informed Mr. Schepper that the Shoreland Management Office had issued him (Mr. Swanson) a citation. f. g* Malcolm Lee conclusion: Mr. Swanson has altered a sewage system without a permit. Mr. Swanson did cause sewage to be pumped to ground surface where slope of land is toward a public water (Lake Lida). 1. 2. 3. The pump and line from lift station to ground surface was witnessed by three people on May 21, 1976. How long it was there before May 21, 1976 la unknown. Sincerely, : Malcolm K. Lee Administrator Land & Resource Management i pda I I i Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 MALCOLM K. LEE, Administrator June 25, 1976 Mr. Kenneth Schepper Verges, Minnesota 5658? Dear Mr. Schepper: We would like you to meet with us here at our office in Fergus Falls on July 1, 1976 at 2:00 P.M, to discuss the sewage system for E.H, Swanson on Lake Lida, legal description is Lot 12 Block 5 of Lida Shores. Please bring your records along regarding this system at that time. Thank you. Sincerely, Malcolm K. Leo Admini strator Imb SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE SOLID WASTE ORDINANCE SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION ^arlan JI. Qlomttg ^ttorneg ©tier ®atl Counig 3fergu9 ^alls, jfflinnrBota 56537 June 24, 1976 ASSISTANTS: BERNARD L. BODIEN STEPHEN R. VAN DRAKE Mr. Malcolm K, Lee, Administrator County Shoreland Management Office Otter Tail County Courthouse Fergus Falls, Minnesota 56537 RE: COUNTY OF OTTER TAIL - E. H. SWANSON OUR FILE NO. 83 Dear Mac: Enclosed is a copy of the letter from E. H. Swanson’s attorney along with a copy of my response to that letter. Assuming the truth of the statements of that letter, I would be inclined not to prosecute. Would you kindly make the necessary Investigations to verify certain facts with reference to this matter includ­ ing calling the plumber who installed the system and get his side of it and then make any other inquiries you feel appropriate Please then contact me. Yours very truly, OTTER TAI By s/(Stephen R. Van Drake Ass't. County Attorney SRVD/rt Enclosures: SOLBERG, STEWART & BOULGER 1129 Kifth Avenue South Post Office Box 1897 Karj>o, North Dakota 58102 'DAt-jihoiie 7c''/-i^>(7-v/66 uL J-'t WAYNE O- SOLHKKG GAKYLLE B. STEWART JOHN V. BOULGER t^Y C’ouiiiel John 1. Finsness June 21, 1976 * Mr. Stephen R. Van Drake Ass't County Attorney County Attorney's Office Fergus Falls, Minnesota 56537 Your File No. 83E. H. SwansonRE: v: Dear Mr. Van Drake: I received from my client, Mr. E. H. Swanson, your letter of June 10, 1976, indicating your intention to prosecute Mr. Swanson for certain alleged violations regarding a sewage system. I felt you should be informed of all the facts sur­ rounding these alleged violations and this letter is written in that regard. f. The facts are that Mr. Swanson had a system installed by a Mr. Ken Scheppler (spelling uncertain) who lives on McDonald Lake. The system was installed and subsequently approved by Mr. Lee. On the weekend of May 22, 1976, the pump installed at the lift station (located near the house) failed and Mr. Swanson was forced to pump water from the lift station location. The alternative to this would be to allow water to back into the home itself. He did not use the toilet facilities, but in fact borrowed his neighbors' key (Mr. Richard Freeman) and used his facilities. but was able to contact the plumber, Mr. Scheppler, the week­ end of May 30, 1976. Mr. Scheppler was unable to fix the pump in the lift station until the 3rd or 4th of June which was dur­ ing the week. Incidentally, the home was not occupied during the week, but only on the two weekends mentioned. 4'fl' .-•■r Mr. Swanson was unable to get the system fixed As stated, apparently, Mr. Scheppler repaired the system either the 3rd or 4th of June by working on the pump located in the lift station. This pump lifts the water and sewage to tanks located some distance from the home. The pump may not be the right size for the lift station and may in fact may be a sump Page Two pump as opposed to a sewage lift pump. This however would be a dispute Mr. Swanson would have with the plumber, but I mention it as the possible reason the pump failed in the first place. The water pumped from the lift station was not sewage and as we mentioned above, the toilet facilities were not used by Mr. Swan­ son during the period the pump was broken. We do not feel that sewage was pumped onto the ground area nor was the water pumped to an area where it drained into the lake. There is a bank which would prevent any drainage of the water into the lake. We do not thus feel that Mr. Swanson was pumping sewage onto the ground or into the lake but was only keeping the water out of the lift station as an emergency measure. As far as altering a sewage system, it would seem that repair of a pump should not be viewed as alteration. We do not know whether the plumber obtained a permit. A- ' r-V In summary, the only reason the water was pumped from the lift station was as an emergency measure when we were unable to get the plumber to repair the pump. The home was only used on the two weekends involved prior to repair and the bathroom facilities were not used. For this reason, we would appreciate your re­ viewing the case in this light. i look forward to hearing from you. Yours very truly. SOLBERG,^;/STEWART & fBOULGEfl .«•;■ \.<■ i' Garyll^ B. Stewart GBS/s cc: Mr. E. H. Swanson I ^arlan ^eIbom Countg jAttorneg ®tter ^ntl Countg ^ergus ^alle, Minnesota 56537 ASSISTANTS; BERNARD L. BODIEN STEPHEN R. VAN DRAKE June 10, 1976 CERTIFIED MAIL RETORN RECEIPT REQUESTED Hr* E. H. Swaneon 801-9th Street South Fargo, North Dakota 58X02 CX)UKTy OF OTTER TAIL VS. E, H. SWANSON COUNTT SHamAND FILE NO. 83RE: Dear Mr. Swanson: We intend prosecuting you pursuant to a violation dated Kay 29, 19/6 under the Shoreland Managetoent Ordinances for basically the follovTing: 1, Altering a sewage system without a permit; 2. Fucking sewage unto the groux^ surface; sewage to an area where it drains into c water. We have three witnesses, one from the DtSl, one from the Planning Commission for the County and Malcolm K. Lee, Shoreland Administrator. You will be prosecuted* in our opinion, to the fullest for this conduct which we deem extremely repriRxensible. Yours very truly, COUNTY OF 0 3. Pimping a publi ■ / ^\ :-A TAILm y SRVD/rt i Mr. Malcolm K. Lee 'S ^0 C ' i — Owner ■'■'eM— CoLiniv AUV. — S'viO VjOLAIiOfi c___ ■■'^ yC.iv.'Sicie .t'./kJ?.C i.L- .Jj..j^.£2. i P'n. No.x._. 5 __Zip No._____5 .Ja 4, ______________________________ ‘.t-a.:;on___A.«/.___Z2______ No,56—___L ii”_________ Vo-:» ore herehy noJifi6;d thnr yoi.i have violotcd ihe Shoretand MoriCrie7ni.-rir Qrdij'.-'ince 0/ter toil County. :Vi;rcrr?.?oto v:> \r:e 'cy-»s cA !)m? SiatL- of 0, Chojner ('G69. The noture of the v^cdsTlon is as foUowo; _________V'Z..___^ •>-X-:rT ___cr.‘S^S:^?r::ys; //;7 ___c /" ^ ^^'XXs:-,...--4^-X:r.€--WX'4=____________________________________________ SilOieisi’d rbr'2c;;iT.i;!H office, Couniy (:c __jrcr.ThrLTr^r-.lx:..'._____/y1 / our; 5“J«?ur.rT, r-o/ffU'. fTinne^c-TD on ex ’>eic7''. _______________ .This yJolario/'! rnriy be referred \o the Otter Tali County A.Ttorr.c-y's office P:e:'-;^'. :hi:; iO’>'iri, tn .r-erso.n, io -i '•••y.ji .'iCilon.ryj -.•aL_z^-Dated__Cr u-:i Hours' hours ore 8:00 AM. io 5; GO P.iVi. iiroorfoy throuen Friday r:rri.-0H7;j 04) rs.tsrF) Shortii^nd M.-jinGgonjeot Ot?icjaI v:crc>i I i.;w:jC* ** ■:;) . ft> U <»{;. * '. I". 7»'.' F. W'r/h APPLICATION FOR SEWAGE DISPOSAL INSTALLERS LICENSE and POSTING OF BOND OTTER TAIL COUNTY FERGUS FALLS, MINNESOTA 56537 Date,.19,Application ac Name of Firm Phone No. fNipioecr't^iAddress,> Represented by.Title Address. Bond Amount $1,000.00 in favor of County of Otter Tail, Minnesota Date Filed License Fee $10.00 Licensee agrees to faithful performance and compliance with Shoreland Management Ordinance, Otter Tail County, Minnesota. This license shall be revoked or refused by the County Commissioners for cause. Any installation, construction or alteration of a sewage disposal system by a licensee in violation of the Otter Tail County Sanitation Standards or refusal on the part of a licensee to correct such defective work performed by such licensee shall be cause for revocation of or refusal to renew a license and forfeiture of bond. Signed by:Licensee Comments: MKL-0871-018 Otter Tail County Auditor vicre* Luaeda t CO. vaib'lM. riKOul r<Lll. 15@079~B SEWAGE DISPOSAL INSTALLERS OPERATING LICENSE • ' ^ Otter Tail County, Fergus Falls, Minnesota 56537 ■■j Issued to:. ~r '■P■'j- pa day of.19.License granted this i- ""Pi \ .'v Th/s License Must Be Renewed Annually Chairman, Otter Tall Board of County CommissionersV i! MKL-0871-018 v' •