HomeMy WebLinkAbout37000991040000_Variances_08-08-2019t 1225040
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OH
OS/I6/2019 12518 PM
FEES 46.00
PAGES 4
WELL CERTIFICATE REC'D: H
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.ottertailcountymn.usOTTiR THU
Application Fee ^Qf^.QO
nReceipt Number
Accepted by Date
Property Owner
Name Thomas & Deborah Bruns
Address 39400 Moonlight Bay TrI ^ \Xlajftj .kkrlioiT
m‘tl IAv
City Pelican Rapids
State MN
Zip 56572
Daytime
Phone
701-261-7876
Email youthdirectordeb@gmail.com
Parcel Information
Lake Class goLake NameLake No Lida56-747
Parcel Number(s)39000990334000
Parcel Number(s)/;35/^z.SectionTownship Name 05Maplewood
Legal Description MOONLIGHT BAY
LOTS 2 & 3 BLK 1
Physical Address 39400 Moonlight Bay TrI
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback
/SubdivisionStructure Size Sewage System
MiscellaneousWECSCluster
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: Sanitation Code
SECTION OF ORDINANCE;
VARIANCE REQUEST:
We request a portion of the absorption field be placed approximately 10 feet into the road right of way to the
ditch bottom, but not disturbing the drainage, required setback is 10' from road right of way. Also request a
variance for the absorption field to be place 5 feet from the detached garage noting that the detached garage has
a guest bedroom in it, required setback is 10' and request that the absorption field be place 1 foot from the
property line, required setback is 10'. As well as requesting to place the tank within the bluff impact
will be approximately 15' into the bluff, required setback is 30' from the top of the bluff. hi
I UNDERSTAND THAT I HAVE APPLItU hUK A VAKIAN(.t TKUIVI I nc KtVTUiKEivicma ur i nc 3nv.mcLMi>iu ivimimi
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
80.2105. Final treatment & dispersal Table VII setback distances
which
CIVICI>I I
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGEMENT REGARDING THIS MATTER.
7 ^AL6f PROPEim OWffER/AGENT FOR OWNER DATE
17 APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
OFFICE USE ONLY
Z, ZoflDate of Board of Adjustment Hearing Time
Motion
Thomas & Deborah Bruns - Variance Application Approved as Requested with Conditions (7:53 p.m.)
After consideration and discussion, Darren Newville made a motion, seconded by Doug Larson and unanimously carried to
approve the variance as requested with the conditions that the Maplewood Township’s conditions/requirements are followed,
and a sign is placed in the septic system location indicating that ’’Septic System Located Here" and based on the Findings of
Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated
as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was
noted that the Land & Resource Management Office has been onsite to verified soils. The variance as approved does not
directly or indirectly grant any other variances for future development.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management X NoYes
Note: If Yes, contact Land & Resource Management
Ancij iPiLuluiCopy of Application mailed/emailed to Applicant, County Assessor and MN DNR
L&R Official/Date
cl 01122019-001 2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
•j' .i
Kyle Westergard
Asst. DirectorOTTCR TfllloeeaTT-oiaBiiere
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 & Deborah Bruns .
Address/Parcel No. 39400 Moonlight Bay TrI. Pelican Rapids / 39000990334000
Requested Variance: We request a portion of the absorption field be placed approximately 10 feet into the road right of wav to the
ditch bottom, but not disturbing the drainage, required setback is 10' from road right of wav. Also request a variance for the
absorption field to be place 5 feet from the detached garage noting that the detached garage has a euest bedroom in it. required
setback is 10' and request that the absorption field be place 1 foot from the property line, required setback is 10'. As well as
requesting to place the tank within the bluff impact zone which will be approximately 15' into the bluff, required setback is 30' from
the top of the bluff.
Otter Tail County Ordinance: Shoreland Mgmt. X Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord.
Ordinance Section Citation: 80.2105. Final Treatment & Dispersal Table VII Setback Distances
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: Current septic system is in the bluff and is non-compliant. Only location to
fit a septic system on the property is where the proposed location is indicated in the variance application and on the map submitted
with the variance application.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the generai purposes and intent of the officiai 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:
This is the oniy suitabie spot on the lot for a new septic system.;■
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the officiai 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:
. >
The location and the layout of the property does not allow the proposed septic system to be placed in a compliant location.
1
3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (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:
Of the topography onsite doesn't allow for a septic system to meet setback requirements.
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:
By placing the septic system in the proposed location doesn't change the character of the lot.
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:
The topography of the lot is the need for the variance.
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.
DATED: August 8, 2019
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
Christopher & Katrina Smaaladen -Continued
After consideration and discussion, Steve Schierer made a motion, seconded by Doug Larson to deny the variance as requested as no
adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as
requested. There is plenty of room to enjoy the property with a new dwelling without having to encroach on the lake setback and they
can also reduce the size of the screen porch. The motion failed on a tie vote with Brent Frazier, Thomas Lee & Kenneth
Vorderbruggen voting against the motion. Upon further discussion, Thomas Lee made a motion, seconded by Brent Frazier and
carried with Doug Larson and Steve Schierer voting no to approve the variance as requested with the new structure being 73’-2” from
the ordinary high water level as depicted in the variance application and on the drawing submitted with the variance application dated
July 17, 2019 and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has
been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource
Management Department. It was noted that they are moving the structure/new dwelling further from the lake than the existing cabin.
The variance as approved does not directly or indirectly grant any other variances for future development.
Thomas & Deborah Bruns - Variance Application Approved as Requested with Conditions (7:53 p.m.)
Thomas & Deborah Bruns, Lot 2 & 3 Blk 1 of Moonlight Bay, Lida Lake in Maplewood Township, requested the following: We
request a portion of the absorption field be placed approximately 10 feet into the road right of way to the ditch bottom, but not
disturbing the drainage, required setback is 10’ from road right of way. Also request a variance for the absorption field to be place 5
feet from the detached garage noting that the detached garage has a guest bedroom in it, required setback is 10’ and request that the
absorption field be place 1 foot from the property line, required setback is 10’. As well as requesting to place the tank within the bluff
impact zone which will be approximately 15’ into the bluff, required setback is 30’ from the top of the bluff.
Wayne Johnson, Super Septic represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Darren Newville made a motion, seconded by Doug Larson and unanimously carried to approve
the variance as requested with the conditions that the Maplewood Township’s conditions/requirements are followed, and a sign is
placed in the septic system location indicating that “Septic System Located Here” and based on the Findings of Fact and Decision
Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the
minutes which has been placed on file with the Land & Resource Management Department. It was noted that the Land & Resource
Management Office has been onsite to verified soils. The variance as approved does not directly or indirectly grant any other
variances for future development.
Adam Schwartz & Andrew Cihlar - V'ariance Application Approved as Requested (8:00 p.m.)
Adam Schwartz & Andrew Cihlar, Lot 1 Blk 2 of Valhalla Estates, East Battle Lake in Nidaros Township, requested the following:
Requesting to be 80’ from the OHWL, required is 100’. To stay back from wetlands for better site, less fill and dirt work.
Adam Schwartz represented the application. The audience was polled with no one speaking for or against the variance as requested.
After consideration and discussion, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to approve
a variance to be 80’ from the ordinary high water level for the placement of a 20’ x 40’ cabin as indicated in the variance application
and drawing that was submitted with the variance application and based on the Findings of Fact and Decision Form, which contains
the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been
placed on file with the Land & Resource Management Department. Hardship/practical difficulty is the wetland onsite and the
topography. The variance as approved does not directly or indirectly grant any other variances for future development.
Steven & Evelyn Mulder - Variance Application Approved as Requested (8:05 p.m.)
Steven & Evelyn Mulder, N 40’ Lot 3 & All Lot 4 of Hillcrest Beach, Long Lake in Hobart Township, requested the following:
Requesting a Variance to add an addition over a portion of existing deck for mechanical room, office & bathroom. Not going any
closer to lake than existing dwelling approx. 44' from water. Existing deck being removed is 168 sq. Et new addition would be 288 sq
ft. Additional building sq footage would be 120 SF the addition would have the same roof line as the existing house. (1 story high)
Current Impervious surface in the Shore Impact Zone is 111 sq ft there will be no increase to the Shore Impact Zone Impervious
Surface. All other requirements of the Ordinance to be met.
Page I 5 Board of Adjustment
August 8, 2019
LAND & RESOURCE MANAGEMENT
OTTERTAIL 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 & Deborah Bruns
39400 Moonlight Bay TrI
Pelican Rapids MN 56572
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 w/ill assemble for this hearing on
Thursday, August 8, 2019 at 7:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, piease 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;
Parcel No. - 39000990334000
Lots 2 & 3 Block 1 - Moonlight Bay
Section 5, Township 135, Range 42
Township Name - Maplewood
Lida (56-747), General Development (GD)
39400 Moonlight Bay TrI., Pelican Rapids MN 56572
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
We request a portion of the absorption field be placed approximately 10 feet into the road right of way to the
ditch bottom, but not disturbing the drainage, required setback is 10' from road rightof way. Also request a
variance for the absorption field to be place 5 feet from the detached garage noting that the detached garage has
a guest bedroom in it, required setback is 10' and request that the absorption field be place 1 foot from the
property line, required setback is 10'. As well as requesting to place the tank within the bluff impact zone which
will be approximately 15' into the bluff, required setback is 30' from the top of the bluff.
Amy Busko
Board of Adjustment Secretary
July 25, 2019
ottertailcountymn.us@OTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
I
16.00'
1.00' Lti- Bottom .•■
cW‘'(-f 5^4i/ac^
Garage with bedroom
Thomas & Deborah Bruns
39400 Moonlight Bay TrI
Pelican Rapids, MN 56572
Lake: Lida 56-747 GD
Parcel: 39000990334000
Setback Line
-----Lot Line
Sewer Line & Drain Field
Structures
Super Septic &Excavaf on
f- 20.00' ^Vtbyne Johnson,
Advanced Designer/ Inspector
38992183rdAve
Pelican Rapids, MN 56572
License #901
218^3-3373
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 25th day of July, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Township Clerk Lake Association - NAProperty Owner
Contractor
Jim Nelson, Clerk
23912 Co. Hwy 24
Erhard MN 56534
Wayne Johnson
Super Septic
38992 183^'^ Ave
Pelican Rapids MN 56572
Thomas & Deborah Bruns
39400 Moonlight Bay TrI
Pelican Rapids MN 56572
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 McD^ald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
e>(ijs^^ear Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
ttlejl^onald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
ttlj^in^ii& Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Peli^n, Fi^, 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
2^
lij
D
South Turtle Lake:
Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103
^huck Grotto, 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:
Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551
R. Stephen Schierer 32117 260'^' Ave, Erhard MN 56534
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Planning Commission Member: Brent Frazier, PO Box 255, Pelican Rapids MN 56572
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number OF Notices &
Envelopes to Print
1FileDated: July 25, 2019
Extra ^
BOA Members
PC Member_
Envelopes__
TOTAL NOTICES TO PRINT Z6
I Added to Agenda ^^Map
I \ Print out Findings of Fact Sheet
Newspapers P-g.
Amy Busko, Secretary
Otter Tail County Board of Adjustment
vfviinutes1
By:IZ,my ^sko
l:\BOA\Affidavits\Burns (747) 08-08-19.docx
Buffer Parcels
Addr 1 Addr 2 Citv St Zio
Pelican Rapids MN 56572 7434
Parcel No Name 2Name 1
39000050033000 Duane A & Carol I Haiby 38962 County Highway 3
Pelican Rapids MN 56572 754523528 Moonlight Bay Rd39000050033002 William C & Carol E Lewis
Pelican Rapids MN 56572 042839432 Moonlight Bay Trl PO Box 42839000050033003 David & Mimsi Weckwerth
Pelican Rapids MN 56572 754523484 Moonlight Bay RdLyle & Margaret M Barringer39000050033006
Moorhead MN 56560 2842429 11th StSElana Gridley & Rand Swenson39000050033007
Pelican Rapids MN 56572 743439000990332000 Duane A & Carol I Haiby 38962 County Highway 3
Pelican Rapids MN 56572 754639400 Moonlight Bay TrI39000990334000 Thomas A & Deborah J Bruns
Pelican Rapids MN 56572 754639000990335000 Steven & Mary Kay Babb 39398 Moonlight Bay TrI
Eargo ND 58103 72495119 8th Ave S39000990336000 L James & Dorothy L Koch
Fargo ND 58103 72495119 8th Ave S39000990337000 L James & Dorothy L Koch
Minneapolis MN 55418 23162942 Mckinley St NE39000990338000 Ronald Mcnamara
Perham MN 56573 864339000990339000 Michael L & Kathleen M Baker 40519 Aerovilla Rd
Lake Quivira KS 66217 868939000990340000 Koski Tst 294 Seneca TrI
1537 7th St S Fargo ND 58103 4231Jared S & Carrie L Simonson39000990342000
Page 1 of 1Tuesday. July 23, 2019
Buffer Mail
City, State, Zip
Pelican Rapids MN 56572 7546
Address i Address 2Name
Steven & Mary Kay Babb 39398 Moonlight Bay TrI
Michael L & Kathleen M Baker 40519 Aerovilla Rd Perham MN 56573 8643
Pelican Rapids MN 56572 7545Lyle & Margaret M Barringer 23484 Moonlight Bay Rd
Thomas A & Deborah J Bruns 39400 Moonlight Bay TrI Pelican Rapids MN 56572 7546
Elana Gridley & Rand Swenson Moorhead MN 56560 2842429 11th St S
Duane A & Carol I Haiby Pelican Rapids MN 56572 743438962 County Highway 3
L James & Dorothy L Koch 5119 8th Ave S Fargo ND 58103 7249
Koski Tst 294 Seneca TrI Lake Quivira KS 66217 8689
William C & Carol E Lewis 23528 Moonlight Bay Rd Pelican Rapids MN 56572 7545
Ronald Mcnamara 2942 Mckinley St NE Minneapolis MN 55418 2316
Jared S & Carrie L Simonson 1537 7th St S Fargo ND 58103 4231
David & Mimsi Weckwerth Pelican Rapids MN 56572 042839432 Moonlight Bay TrI PO Box 428
Tuesday, July 23, 2019 Page 1 of 1