HomeMy WebLinkAbout38000990679000_Variances_10-14-2021f
1269760
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
12/06/2021 09:09 AM
FEE: 46.00
PAGES 6
WELL CERTIFICATE REC‘D: H
ij'i
S.
U-i ¥■(■■■(
Date Stamp
REce'\/EO
SEP 13 2021
^.O.BESOWO^
OinneL&R Initial
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.co.otter-tail.mn.us01TfRTIi|l
Application Fee Q 0
Receipt Number
DateAccepted by jC-£_L~^ -2L/
Property Owner
Name Ender Raghib
Address 325 Edgewater Drive
City West Fargo
North Dakotastate
Zip 58078
Daytime
Phone
(701)388-2065
Email egraghib@hotmail.com
Parcel Information
Lake No 56047500 Lake Name Pickerel Lake Class RD
OOP 99 01)0Parcel Number(s)■18000990331000
Parcel Number(s)
imUAlTownship Name MAINE Section 12
Legal Description OF RES. E & F LOT 15 BLK E & VAC RD ADJ.
utto h\^\ ^ (U
Physical Address 33746 N Pickeral DR, Richiville, MN. 56576
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback □0 □□Structure Size SubdivisionSewage System
□ □□Cluster WECS Miscellaneous
Version Date: 04/07/2020
1
t
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE:
SECTION OF ORDINANCE:_______
In July of 2020 storm caused damage to primary cabin and insurance determined it was a total loss. We
are considering 2 options for replacement of the cabin and deck.
Option A - Replace the existing dwelling and deck being 3' from the lotline. The current impervious
surface for the property is 31.26% and under option A would be reduced to 29.7%. Also under option A
we will remove the deck/landing by the lake along with the storage shed and the deck on the roadside
of the dwelling.
Option B - Proposing to replace the existing dwelling & deck being 3' from the lotline with a 2 story
dwelling. The impervious surface will not change and remain at 31.26%.
The replacement of the dwelling and deck meet the building line requirements of the Shoreland
Management Ordinance. The lot is a substandard lot of record and the outlet to Pickeral Lake also runs
through our property which reduces the buildable space on that side of our lot.
I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION.
Shoreland Managment Ordinancy
S<c. 6# SuJ»|o TaVi)-^ V8 Subp 4 B 1
VISION
I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTAa LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
Date of Hearing Time 1 Ob P'17'0
Motion
Ender Raghib - Variance Application Request Denied (6:23 p.m.)
October 14, 2021 - After consideration and discu.ssion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously
carried to table the variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the County
Attorney to review the non-conforming replacement policy.
November 18, 2021 - After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee and unanimously
carried to deny the variance request to replace the existing destroyed structure. This decision is based on the Findings of Fact and
Decision Form, which contains the criteria reviewed and the Board's finding have been attached to and incorporated as an official part of
the minutes which have been placed on file with the Land & Resource Management Department.
/
I
Chairman/Otter Tail County Board of Adjustment
APermit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land 8i Resource Management
Aiiv/ idushoCopy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER Tflil
ooatTT aiaasioT*
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:Ender Raghib
Address/Parcel No. 33746 N Pickerel Dr. / 38000990331000 & 38000990679000
Requested Variance: In July of 2020 storm caused damage to primary cabin and insurance determined it was a total loss.
We are considering 2 options for replacement of the cabin and deck. Option A - Replace the existing dwelling and deck
being 3' from the lotline. The current impervious surface for the property is 31.26% and under option A would be
reduced to 29.7%. Also, under option A we will remove the deck/landing by the lake along with the storage shed and the
deck on the roadside of the dwelling. Option B - Proposing to replace the existing dwelling & deck being 3' from the
lotline with a 2-storv dwelling. The impervious surface will not change and remain at 31.26%. The replacement of the
dwelling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a
substandard lot of record and the outlet to Pickerel Lake also runs through our property which reduces the buildable
space on that side of our lot.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 8. Subp 4. B. 1 & Subp 4. D (Table V)
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: A storm has destroyed their cabin which was totaled by insurance. Would
like to rebuild cabin. We have submitted 2 options. When the cabin was totaled, there is no cabin and we would like to rebuild the
cabin.
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).
□ Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The lotline setbacks are less than 10' & Impervious Surface Coverage is exceeding 25%.
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).
[ I Yes, the property owner is proposing to use the property in a reasonable manner...
X No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
2.
The replacement structure can be centered on the lot and the hardship was created by the landowner by not applying for a
permit within the 180 days period for replacement per Statute.
1
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?)
□ 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:
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.)
□ Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT rhaintain the essential character of the locality...
...because:
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the requests The.fact that coming.into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
□ 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 Otter Tail County Board of Adjustment: APPROVES__,the requested variance.DENIES X
Complete and attach After-the-Fact Addendum if this |s an After-The-Fact variance request.
DATED: November 18, 2021
Board of Adjustment Vice Chair
, ; ■ The Board of Adjustment rnay impose conditions inthe 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.
w~
■A
1178593
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
08/15/2016 1:41 PM
No delinquent taxes and transfer entered;
Certificate of Real Estate Value( X) filed ( ) not required.
Cert, of Real Estate Value
n Ji I ^ 00 tU
Q (Year)
cog FEE: 46.00
PAGES 2
WELL CERTIFICATE REC'D: N
CO X|0'
!CO
Wayne Stein, County Auditor/Treasurer
;3%000<iq02>^\W
ziooo ^o\fiiqooo
by
Deputy
State Deed Tax Due is $ ^ ft D .
'7^9WON
--------XVI0330.10 S3<N I (into 3IV LS
X4<3X10 30 A)^00
3XV0
Date: .COUNTY OF OTTER TAIL
ECRV:11V
DAT
WARRANTY DEED
THIS INDENTURE made this _l2^ay by and between Robert W
and Crystal E. Asche, husband and wife, GRANTORS, and tnderG. Raghib, GRANTEE, whose post office
address is;
, Asche
WITNESSETH, for and in consideratiorr of the sum of One Dollar ($1.00) and other good and
valuable considerations, GRANTORS do hereby GRANT, BARGAIN, SELL AND CONVEY unto the
GRANTEE, all of the following real property lying and being in the County of Otter Tail and the State of
Minnesota, and described as follows, to-wit:
Lot IS of Reserve Lot E of Haggstrom's Subdivision of Reserve Lots E and F, of Haggstrom's Beach
located in Government Lots! and 9 of Section 12, Township 134 North, Range 41, Otter Tail County,
Minnesota, according to the recorded plat thereof on file and of record in the Office of the Register of
Deeds in and for said County and State.
AND
Lot 20 of Haggstrom Beach Third Addition, being a part of Government Lots 2 and 9, Section 12,
Township 134, Range 41, Otjter Tail County, Minnesota, according to the recorded plat thereof and that
portion of the vacated road lying immediately adjacent and southerly thereto.
(In accepting this deed, grantee covenants and agrees that the above described premises will never be
used directly or indirectly ais a public gathering place, public resort, public beach, boat livery, place
where bait is sold or fumish|ed to the public, store or other commercial enterprise, hotel, tourist home,
or for any other purpose wtiere entertainment or services are furnished to the public, whether or not
any monetary consideration is paid therefor. It is intended that this covenant shall run with the land
and shall be binding against the grantees, their heirs, transferees, successors and assigns.)
Otter Tail County, Minnesota 1178593 1 of 2
€
And the GRANTORS for themselves, their heirs, executors and administrators, does covenant with the
GRANTEES that they ^e wellseized in fee of the land and premises aforesaid and have good right to sell and
convey' the same in manner and form aforesaid; that the same are free from all encumbrances, except
installments of special assessments or assessments for special improvements which have not been certified to
the County Auditor for collection, and the above granted lands and premises in the quiet and peaceable
possession of the GRANTEES, against all persons lawfully claiming or to claim the whole or any part thereof,
the GRANTORS will warrant and defend.
Check line if applicable:
___ The Seller certifies th^t the Seller does not know of any wells on the described real property.
A Well Disclosure Certificate accompanies this document.
^ 1 am familiar with the jproperty described in this instrument and 1 certify that the status and number of
wells on the described real property have not changed since the last previously filed Well Disclosure
Certificate.
WITNESS, the hand of the GRANTORS:
CA)> jt
Robert W. Asche
Astal E. Asche T
)STATE OF
) ss.
day of Qa-i < 2016, before me, a notary public, within and for said
county and state, personally appeared Robq/ W. Asche and Crystal E. Asche, husband and wife, known to
be the persons described in, and who executed the foregoing instrument, and acknowledged that she
executed gfmg----
COUNTY OF )
On this
Rotary Public, County,
kly Commission Expires:
Tax statements for the real property described in
this instrument should be sent to:
KIRSTEN BEYER
Notary Public State olf North Dakota
_MvCommisslQnPi^rfl.<i Mnr OA Q{
(
<
(SEAL)17
THIS INSTRUMENT WAS DRAFTED
BY:
Brandon Pittenger
MN Bar ID#: 0395905
FM Title Company
101 8'*'Street South
Fargo, ND 58103
PHONE; (701)893-1000
Endher G. Raghib
This Legal Description was taken from a previously recorded instrument.
Otter Tail County, Minnesota 1178593 2 of 2
Jerald & Diane Butenhoff- Variance Application Request to Table to April 2022 (6:23 p.m.)
Jerald & Diane Butenhoff, Lots 3, 4, & 5 of North Shore & Pt GL 3, Dead Lake (56-383) in Star Lake Township requested the
following: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition
would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in
the SIZ(15%).
October 14, 2021
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the
Variance request w ith the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow' the property ow ner to
revise his proposal to reduce the shore impact zone impervious surface coverage in the shore impact zone.
November 18, 2021
Jerald & Diane Butenhoff submitted a letter dated October 20, 2021, to request to have their variance application tabled to April of
2022.
Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the Variance request to April 2022 as
indicated in the letter submitted to the Board on October 20, 2021.
Lyle & Monica Fritz - Variance Application Withdrawn (6:23 p.m.)
Lyle & Monica Fritz, Lot 5 Blk 1 of Herb’s Ridge, Long Lake (56-388) in Hobart Township requested the following: To erect garage
storage building with 2'“* floor for sleeping quarters for overflow' guests. Approximate height from slab to peak 30’±. Required height
restriction is 20’ per the Shoreland Management Ordinance.
October 14, 2021
After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the
variance w ith the applicant’s approval to November 18, 2021, Board of Adjustment Meeting.
Noveniher 18. 2021
Randy Barta. Contractor submitted a letter on behalf of Lyle & Monica Fritz to withdraw the variance application. Lyle & Monica
Fritz submitted an email confirming that the variance is withdrawn as a permit has been issued to attach the proposed structure to the
existing dwelling, therefore a variance is not needed.
Douglas Larson made a motion, seconded by Terry Marthaler and unanimously carried to accept the letter and email to withdraw the
variance request.
Ender Raghib - Variance Application Request Denied (6:23 p.m.)
Ender Raghib, Lot 20 Blk 1 & Vac Rd Adj. & Res E & F Lot 15 Blk E & Vac Rd Adj of Haggstrom’s Subdivision, Pickerel Lake (56-
475) in Maine Township requested the following: In July of 2020 storm caused damage to primar>' cabin and insurance determined it
w as a total loss. We are considering 2 options for replacement of the cabin and deck.
Option A - Replace the existing dwelling and deck being 3’ from the lotline. The current impervious surface for the property' is
31.26% and under option A would be reduced to 29.7%. Also, under option A we w ill remove the deck landing by the lake along with
the storage shed and the deck on the roadside of the dw elling.
Option B - Proposing to replace the existing dwelling & deck being 3’ from the lotline w ith a 2-story dwelling. The impervious
surface w ill not change and remain at 31.26%.
The replacement of the dwelling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a
substandard lot of record and the outlet to Pickerel Lake also runs through our property which reduces the buildable space on that side
of our lot.
October 14. 2021
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the
variance w ith the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the County Attorney to review
the non-conforming replacement policy.
Board of Adjustment
November 18, 2021
Page I 2
r IEnder Raghib - Continued
November 18, 2021
Ender Raghib, property owner represented the variance application. The audience with polled w ith no one speaking for or against the
variance application. A letter was submitted in opposition to the variance request by Brad & Kim Pauly and read for the record as well
as forw arded on to the board members for their review'.
Ben Olson, County Attorney clarified the Repair Replacement Policy w hich will not apply to his structure which was destroyed by a
storm. Ben also indicated when a non-conforming structure has been destroyed a permit must be applied for within 180 days for
394.36 Subp. 4 to apply. The 180 days has lapsed, and no permit was applied for.
After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee and unanimously carried to deny the
variance request to replace the existing destroyed structure. This decision is based on the Findings of Fact and Decision Form, which
contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich
have been placed on file w ith the Land & Resource Management Department.
Other Business - None
With no further business, Darren Newville, Chair declared the meeting adjourned at 6:41 p.m.
Prepared by:
Amy Busko, Secretary
The minutes w ere emailed on November 30, 2021, to the Otter Tail County Board of Adjustment. Official action regarding these
minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
Board of Adjustment
November 18, 2021
Page I 3
Joseph & Cynthia Chesley, Et Al - Variance Application Approved as Amended (7:35 p.m.)
Joseph & Cynthia Chesley, Et Al, Lots 5 & 6 of Silent Point, West Silent Lake (56-519) in Dora Township requested the following:
We are requesting a variance to place a dwelling 3 feet from the North line of Lot 6, required setback is 10 feet. The Lake has taken
most of our property and we are having a difficult time getting something to fit on the lot that will work for our family and be an asset
to the area. We feel we are suffering the consequences for the lake taking most of our property which gives us less square footage to
work with.
Jerilyn & Cynthia Chesley, property owners represented the variance application. The audience was polled with no one speaking for
or against the variance application.
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to approve the
variance to construct locate a dwelling on the property with the condition the dwelling needs to be 7 feet from the north lotline and 20
feet from the edge of the travel surface. This decision is also based on the Findings of Fact and Decision Form, which contains the
criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been
placed on file with the Land & Resource Management Department.
Lyle & Monica Fritz - Variance Application Tabled (7:48 p.m.)
Lyle & Monica Fritz, Lot 5 BIk 1 of Herb's Ridge, Long Lake (56-388) in Hobart Township requested the following: To erect garage
storage building w ith 2"‘' floor for sleeping quarters for overflow guests. Approximate height from slab to peak 30’±. Required height
restriction is 20’ per the Shoreland Management Ordinance.
Lyle Fritz, property owner, represented the variance application. The audience was polled with no one speaking for or against the
variance application. A letter was received from Judi Stoa & Kathleen Jameson in opposition to the variance request and Jon Stoa
submitted a letter in support of the variance request.
After consideration and discussion. Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the
variance w ith the applicant’s approval to November 18. 2021. Board of Adjustment Meeting.
Ender Raghib - Variance Application Tabled (7:57 p.m.)
Ender Raghib, Lot 20 Blk 1 & Vac Rd Adj. & Res E & F Lot 15 BIk E & Vac Rd AdJ of Haggstrom’s Subdivision, Pickerel Lake (56-
475) in Maine Towmship requested the following: In July of 2020 storm caused damage to primary cabin and insurance determined it
was a total loss. We are considering 2 options for replacement of the cabin and deck.
Option A - Replace the existing dwelling and deck being 3’ from the lotline. The current impervious surface for the property is
31.26% and under option A would be reduced to 29.7%. Also, under option A we w ill remove the deck landing by the lake along w ith
the storage shed and the deck on the roadside of the dwelling.
Option B - Proposing to replace the existing dwelling & deck being 3' from the lotline w ith a 2-stor\ dwelling. The impervious
surface will not change and remain at 31.26%.
The replacement of the dwelling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a
substandard lot of record and the outlet to Pickerel Lake also runs through our property which reduces the buildable space on that side
of our lot.
Ender Raghib, property ow ner represented the variance application. The audience was polled with no one speaking for or against the
variance application. An email from David & Carla Wolfe was sent in opposing the variance request. Erlin Wahgren spoke in support
of the variance request. Brad Pauly spoke in opposition of the variance w ith concerns with requesting a 3-foot lotline setback, future
intent of the property (VRBO) and potential harm to neighbor’s properties.
After consideration and discussion, Thomas Lee made a motion, seconded by Teriy Marthaler and unanimously carried to table the
variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the County Attorney to review
the non-conforming replacement policy.
John & Renee Dittrich - Variance Application Approved as Requested (8:19 p.ni.)
John & Renee Dittrich, Pt of GL 3 Com Ely Cor Lot 16 Albrechts Addn to Nivana, East Battle Lake (56-138) in Girard Township
requested the following: Requesting a variance to replace existing 28 x 34 dwelling w ith 2-story 40 x 40 dwelling. Existing dwelling is
36’ from OHWL, new dwelling will be 33’ from OHWL. Required setback is 100’ from OHWL. Also requesting to replace existing
10x15 garage that is 4’ from OHWL with a new' 20 x 24 garage located on top of hill as shown in drawing and 23’ from OHWL.
Draw ing which is on file at Land & Resource Management).
Board of Adjustment
October 14, 2021
Page I 4
Amy Busko
From:
Sent:
Emma Barry
Tuesday, October 12, 2021 8:00 AM
Amy Busko
FW: Ender Raghib_Parcel No - 38000990331000 & 38000990679000
To:
Subject:
Emma Barry
Administrative Assistant
Land and Resource Management
540 W. Fir Avenue
Fergus Falls. MN 56537
Direct 218-996-8107 | Office 218-998-8095
otte'tailcoL-'tvmn.us
#7 OTTER TAIL
COuHTf tmmtyoiA
From: midnorthernsvcs(5)yahoo.com <midnorthernsvcs@yahoo.com>
Sent: Monday, October 11, 2021 8:06 PM
To: Otter Tail County Land <land@co.ottertail.mn.us>
Subject: Ender Raghib_Parcel No - 38000990331000 & 38000990679000
To Whom it May Concern:
We would like to express our concerns about the variance being applied for the following:
Hearing - October 14, 2021
Ender Raghib_Parcel No - 38000990331000 & 38000990679000, Lot 20 BIk 1 7 Vac Rd Adj, and Res
E & F, Lot 15 BIk E & Vac Rd Adj ofHaggstrom's Subdivision, Section 12, Township 134, Range 41,
Township - Main
33746 N Pickerel Drive, Richville MN 56576
We understand there are some issues around the lost dwelling due to storm damage. Although, we
express empathy with the current owners, we feel like the home could have been saved from a
complete loss. Weeks went by after the storm without any precautionary measures taken to protect
the remaining damaged property in an adequate timeframe from July 8, 2020. It's been a complete
eye sore, not to mention concerns of housing of unwanted varmints that maybe living there over the
last year and a half.
The variance requested to build of a new dwelling on only 40' lot, and within 3 foot of the existing
property line is inadequate to the environment of our outlet on Pickerel Lake. The existing garage has
been leaning toward the outlet for years, and no maintenance done to support. We are very concern
with the run off of dirt and building materials into the outlet, not to mention disturbance of the
1
>shoreline to the outlet to bring in equipment to rebuild with existing garage and mature trees in the
way. ■
From, our understanding, owner of this property has purchased |a larger lot of other side of lake, to
build a new dwelling. This would be a more adequate choice, then reconstructing a dwelling on a
small lot by an outlet. Insurance has completely paid for the loss of this dwelling, so what is the push
to rebuild on the small, unbuildable lot. Will this just be an investment, or future rental
property? Believe me, none of the existing neighbors want a revolving door on this small of
property. Rental properties should not be allowed on 50' or less footage on this lake, within others
that are permanent summer and full-time residents. This is becoming more prevalent on this lake for
pure profit, without the consideration of neighbors within close proximity of one another.
!
Respectfully,
i
David and Carla Wolfe
33710 N Pickerel Drive
Richville, MN 56576
i
I
i
i
\
;
2
Amy Busko
Amy Busko
Tuesday, October 12, 2021 8:24 AM
Kyle Westergard; Ben Olson; Darren Newville; Douglas Larson; Michael Donoho; Terry
Marthaler; Thomas (Tom) Lee
Correspondence for Ender Raghib Variance Request
SPRTLR0221101208140.pdf
From:
Sent:
To:
Subject:
Attachments:
Good Morning -
Attached is correspondence for Raghib Variance request on Pickerel Lake.
Have a great day
Amy Busko
Permit Technician
Land & Resource Management
GSC, 540 W Fir
Fergus Falls, MN 56537
Direct 218-998-8096 | Office 218-998-8095
ottertailcountymn.us
OTTER TAILlitKNtlOU
From: PRTLR02@CO.OTTERTAILMN.US <PRTLR02@CO.OTTERTAIL.MN.US>
Sent: Tuesday, October 12, 2021 8:14 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: Scan from OTC Land & Resource
1
STAFF REPORT
Ender RaghibAPPLICANT:
33746 N Pickerel DR, Richville MN 56576, 38000990331000LOCATION:
LAKE NAME/NUMBER/CLASS:Pickerel, 56047500, Recreational Development
In July 2020 storm caused damage to primary cabin and insurance determined it was a total loss.
We are considering 2 options for replacement of the cabin and deck.
Option A - Replace the existing dwelling and deck being 3' from the lotline. The current
impervious surface for the property is 31.26% and under option A would be reduced to 29.7%.
Also, under option A we will remove the deck/landing by the lake along with the storage shed and
the deck on the roadside of the dwelling.
Option B - Proposing to replace the existing dwelling & deck being 3' from the lotline with a 2-
story dwelling. The impervious surface will not change and remain at 31.26%.
The replacement of the dwelling and deck meet the building line requirements of the Shoreland
Management Ordinance. The lot is a substandard lot of record and the outlet to Pickerel Lake also
runs through our property which reduces the buildable space on that side of our lot.
APPLICATION:
STAFF WHO COMPLETED REPORT: Chris LeClair
OtterTail County visitth*coontyWeb«te
X33746 N P1CK6REL DR
-C' 33746
—NPICKERFi '
i *i'
rF'
, t
I •■OTE.
33710 NPCKErtB. DR
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 8, Subp. 4 (B)
1) Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must
not exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of
a planned unit development, must not exceed 15% of the area of the SIZ.
Staff Comments: Based on a review of the application and a site review. Staff offers the following
comments:
Septic system compliance inspection conducted on 8/12/2021. System found to be compliant.1.
it fl
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falis, 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:
Ender Raghib
325 Edgerwood Dr
West Fargo ND 58078
Has/have made appiication to the Otter Taii County Board of Adjustment for a variance as per requirements of the Otter
Taii County Shoreiand Management Ordinance, the Otter Taii County Set Back Ordinance, the Subdivision Controis
Ordinance of Otter Taii 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, October 14, 2021, at 7:00 p.m.
at the Bigwood Event Center, 925 Western Ave, Fergus Falls. MN
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public
hearing.
Public comments regarding this application must be received by 12:00PM the day before the public hearing
date. Members of the public wishing to make comments at the public hearing may be present at the public hearing.
As an alternative, members of the public wishing to observe and/or make comment on this application may participate in
the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days
prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land &
Resource Management Office at the above address, or emailed to land(S)co.ottertail.mn.us. Written correspondence or
emails.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 38000990331000 & 38000990679000
Lot 20 BIk 1 & Vac Rd Adj. and Res E & F Lot 15 BIk E & Vac Rd Adj. of
Haggstrom's Subdivision
Section 12, Township 134, Range 41
Township Name - Maine
Pickerel Lake (56-475), Recreational Development (RD)
33746 N Pickerel Dr., Richville MN 56576
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
In July of 2020 storm caused damage to primary cabin and insurance determined it was a total loss. We
are considering 2 options for replacement of the cabin and deck.
*OVER
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
Option A - Replace the existing dwelling and deck being 3' from the lotline. The current impervious
surface for the property is 31.26% and under option A would be reduced to 29.7%. Also, under option A
we will remove the deck/landing by the lake along with the storage shed and the deck on the roadside
of the dwelling.
Option B - Proposing to replace the existing dwelling & deck being 3' from the lotline with a 2-story
dwelling. The impervious surface will not change and remain at 31.26%.
The replacement of the dwelling and deck meet the building line requirements of the Shoreland
Management Ordinance. The lot is a substandard lot of record and the outlet to Pickerel Lake also runs
through our property which reduces the buildable space on that side of our lot.
Amy Busko
Board of Adjustment Secretary
September 30, 2021
33746 N. Pickeral Drive, Richville, MN. 56576
July 2020 storm caused damage to primary cabin and insurance determined it was a total loss. The pre-storm
existing structures were non-conforming and consisted of:
Main cabin 22x30 (660 sq ft)
Deck on roadside of main cabin 12.8x10 (128 sq ft)
Deck in front of and to east side of cabin, "L" shaped (416 sq ft)
Shed 12x16 (192 sq ft)
Detached garage 18x28 (504 sq ft)
Driveway (864 sq ft)
Lake shore deck 12x8 (96 sq ft)
Option A:
Proposed new site would consist of:
30x35 new home
Keeping 22x10 (220 sq ft) of decking on lake side of cabin but replacing existing material with new
material
Keeping existing driveway (864 sq ft)
Keeping existing garage (504 sq ft)
Removing shed
Removing deck on roadside of cabin
Removing lake shore deck
The present existing structures have a combined impervious surface of 31.26%. The proposed new build
structures would reduce this to 29.70%.
Option B:
Keep present impervious space foot print, make appropriate repairs, and add a second story to the main
cabin, possibly the garage as well. Option B would not reduce the impervious surface and it would remain at
31.26%.
The lot is unique in that the lake outlet runs through the north east side of the property line, thereby reducing
the buildable space of that side of the property.
I feel option A is a better choice as it will not only reduce impervious surface but also eliminate 1/3 buildings,
the shed, which sits close to the outlet and also eliminate a lake side deck. I feel having two structures on the
lot instead of three will create a more harmonious surrounding with neighboring cabins and the nature of the
lake and surrounding land. I would like a variance on the boarder setback from the neighboring lot to the
west. The existing structure sits roughly 3 feet from this boarder and I would like to maintain this with the
new build as the foundation is already there. The neighbors to that side, the Pauly's, own the two lots
immediately to the west of mine and plan to combine them, demo the present structures and build a larger 2
story structure. My neighbors to the east across the outlet have an existing 2 story structure.
I would be happy to go before the board to explain this further and to answer any questions you may have.
Thank you.
Ender Raghib
SCALE DRAWING FORM
Tax Parcel Number(s) 38-ooo-99-033i-ooo
A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all
existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLS,
& 38000990679(X)0
wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations.
Scale: 1 inch =Signature-20 feet Date
7
n
SCALE DRAWING FORM
38-000-99-0331-000 & 38000990679000Tax Parcel Number(s)
A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all
existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLS,
wells, wetlands, topographic features (i.e. bluffs), and onsit^impervious surface calculations.
Scale: 1 inch =Signature Date20 feet
sktj
0-ed
O-tML
O'Lc^L
Ofhpnbfir EyiS-hvi^
Otter Tail County
oTTERTAiL LaRcl & ResourcG Management
Impervious Surface Worksheet Existing
Page 1
H1H6 1*1 Prote/-g,(ssroa:>9?ossiorr>PIN
Property Address
9JfOo.su Square Footage of Lot
Acres X 43,560
Property Area (from GIS or Survey).A1Acres
/
Total Area Allowed for Buildings
A1 X 20
Total Area Allovi«d for Impervious Surface
A1 X 25 /^30 feA3A2
/>)
List ALL existing other impervious surfacesList ALL existing structure footprint areas
Total Impervious SurfaceAreaDescriptionAreaDescription
660 »■m «■/.js'6 "■B1Dhvewey/Parking area($)Dwelling and Attached Garage Total Impervious-Buildings
C1Patio/Sidewalk Total Impervious-OtherDetached Garage
Total Impervious Surface
B1 +C1
ft^D1Retaining wall(s)Shed(s)
Total Percent Impervious
(D1 *A1)x 100
ft=ElfpLandscapingMiscellaneous
OtherRecreational Camping Unit
Allowable Total Area Remaining A2-D1
Water Oriented Accessory Structure
/s<6 Project being requested:C1B1Total Impervious-OtherTotal Impervious-Buildings
1
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items
L-1 not located in the Shore impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 -A1)x100
Reviewed by L&R
□ El Greater than 15%: Exemption Not Allowed
Date:Int:/V,B2
□ £ 1 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft This
|~| exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands
Allowable Building AreaRemaining
A3 - B1 V7VB3
SHORE IMPACT ZONE
37 5fl(GD Lakes)
50 ft (RD Lakes/Agnculture, Urban,Tributary Rivers)o-i 75 ft (Transition Rivers) ^ '
100 ft (NE Lakes)_________________________________5(9 ft
Lake Classification
S3 SySZO9'o Shore Impact Zone Area
S1 xS2S2ft
Average lot width in the Shore Impact Zone
Total Area Alowed for Impervious Surface
S3x 15
ft'S4
List all other impervious surfaces in the Shore Impact ZoneList all structure footprints in the Shore Impact Zorte
Total Impervious Surface
Description AreaDescriptionArea
o ^S5ft^ft'Patio/Sidewalk BuildingsBuilding(s)
96 96 ^S6ft'Deck($)Other
Total Inpervlous Surface
S5 + S6 S7ft'fe Landscaping/retainging wall(s)
Total Percent Impervious
(S7- S3) X 100
ft'ff Dnveway/Parking area(s)
fpft'Miscellaneous
^19 fAlowable Area Remaining S4-S7ft'ft'
?6 ^O ^S6SIZ Total Impervious-Buildings 35 SIZ Total Impervious-Other 7/1/2021
Printed Name DateSignature
Otter Tail County
oTTERTAiL Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
^rokv'lki M/l^OOC)99(yi\irjnr)PIN
Property Address
OM 9/yoSquare Footage of Lot
Acres x 43.560
Property Area (from CIS or Survey):A1Acres
fjsoTotal Area MIowed for Buildirtgs
A1 X ,20
Total Area Allowed for Impervious Surface
A1 X .25
ft'A3A2
I
List ALL proposed other impervious surfacesList ALL proposed structure footprint areas
Total Impervious Surface
AreaDescriptionDescription^ea
11 <6 ^Total Existng Impervious-
Other from Page 1
Total Existing Building
Impervious from Page 1
ClB1
1lo<6 Total Proposed Building Impervious
-1-1 —
F1Driveway/Parking area(s)Dwelling and Attached Garage
Total Proposed Impervious- Other G1yOH ^Patio/SidewalkDetached Garage
Total Proposed Impervious Surface
Ft G1_______________
H1ft'ft'LRetaining wall(s)Shed(s)
Total Proposed Percertt Impervious
(H1 *A1)x 100______
. 3i9. 70ft'11.ft'LandscapingMiscellaneous
lOQft'OtherRecreational Camping Unit -930A2Allowable Area RemairtingHIft'ft'Water Oriented Accessory Structure
G1FITotal Impervious-OtherTotal Impervious-Buildings"7/
Percent Buikjlr>g Impervious
(FI ^A1)x 100 /lL0o
'd%Allowable Building Area Remaining A3-F1
SHORE IMPACT ZONE
37 5 ft (GO Lakes)
50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers) g
75 ft (Transition Rivers)
100 ft (NE Lakes)______________________________
ft
Lake Classification
S3Shore Impact Zone Area S1xS2 ft'S2 ftAverage lot width in the ShCM'e Impact Zone
Total Area Allowed for Impervious Surface
S3x .15
ft'S4
List all proposed other impervious surfacesList all proposed structure foo^rint areas
Total Proposed Impervious Surface
Description AreaAreaDescription
o Total Existing Impervious-
Other (Pg 1)96 *Total Existing Building
Impervious (Pg 1}
S6S5ft'
ft'S8ft'ft'Proposed BuildirtgsPatio/SidewalkBuilding(s)
o fFS9ft'ft'Proposed OtherOeck(s)
Total Impervious Surface
S8 + S9 O ft'ft'S10ft'Landscaping/Retaining wall(s)
Total SIZ Percent Impiervious
(S10*S3)x 100 Oft'ft'Driveway/Parking area(s)
ft'ft'Micellaneous
Allowable Area Remaining S4-S10 ft'
ft'ft'
Oo ft'S9ft'S8 Total Impervious-OtherTotal Impervious-Buildings
£'^Je,r Ra-oA:{j
DateSignaturePrinted Name
Parcel Number; IfjOO
Date & initial:
System Drawing
Tfi0 system drawing must be to scale and include all septic/holding/lift tanks, drainfields, wells within lOD feet of system (indicate depth of
wells), dwelling and non-dwelling structures, lot lines, road right-of-ways, easements, OHWLs, wetlands, and topographic features (i.e. bluffs).
T1
I
I 0
I
1
i
l\]Dr-'V^
A^Sitional Comments:i“K
Page 2 of 2Excel/Compliance Form for OTC 1/15/2014
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 30'^ day of September 2021 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
)
Township Clerk Lake AssociationProperty Owner
Beth Wicklund, Clerk
Maine Township
31544 330‘f^ Ave
Battle Lake MN 56515
NAEnder Raghib
325 Edgerwood Dr
West Fargo ND 58078
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald 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
lid. 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
(D
Big McDonald:
Devils (N^r Perham):
lU
Eaj :e:
Lida LS
Littl^c
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 6'^^ St NE, Perham. MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S, Little McDonald Dr., Perham MN 56573
Planning Commission Member: 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: September 30, 2021
Extra 5Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members_
PC Member____
Envelopes 19
TOTAL NOTICES TO PRINT 31
□ Added to Agenda □ Map
[~~| Print out Findings of Fact Sheet
Newspapers FFDJ_______________
5
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-475) 10-14-21.doex sr
Buffer Parcels
Parcel No Name 1 Addrl Addr2Name 2 Citv St ZiD
Fargo ND 58102 130838000120082000David & Patricia A Jacobson 3210 10th St N
38000120082001 James E & ilene J Rude Tstees Rude Family 1st 33846 Pickerel Dr N Richville MN 56576 9516
38000120082007 Bradley W & Vicki M Quist Richville MN 56576 033852 Pickerel Dr N
Alice L Jaeger38000990321000 8308 Alverno Ave Inver Grove Heights MN 55077 35
38000990322000 Jon E & Mary Jo Miller 1496 Maple Ct Wahpeton ND 58075 3135
38000990325000 Jon E & Mary Jo Miller Wahpeton ND 58075 31351496 Maple Ct
38000990326000 David A Woife 33710 Pickerei Dr N Richviiie MN 56576 9516
38000990327000 Groth Tst 3905 Pennsylvania St Apt 31 Longview WA 98632 5263
Joseph Formaneck38000990328000 18015 77th St SE Wahpeton ND 58075 9625
38000990329000 Kimberiy A Pauly 1468 15th St N Wahpeton ND 58075 3519
38000990330000 Bradley R & Kimberly A Pauly 1468 15th St N Wahpeton ND 58075 3519
38000990331000 EnderGRaghib 325 Edgewater Dr West Fargo ND 58078 4248
Erwin L & Marilyn Wahlgren38000990332000 87 28th Ave N Fargo ND 58102 1619
38000990395000 Perry D 8i Jean T Reinertson Fergus Falls MN 56537 1765523 Valley Dr
Erwin L & Mariiyn Wahigren38000990405000 87 28th Ave N Fargo ND 58102 1619
38000990406000 Loweli & Doris Wilcox 33790 Pickerel Dr N Richville MN 56576 9516
38000990407000 Raymond M & Barbara Huelsman 8428 Villa Cir Sellersburg IN 47172 1067
38000990408000 Raymond M & Barbara Huelsman 8428 Villa Cir Sellersburg IN 47172 1067
38000990409000 Mark A & Toni M Bladholm Marshall MN 56258 1212404 Bladholm Ave
38000990410000 Rude Tst 33846 Pickerel Dr N Richville MN 56576 9516
38000990411000 Bradley W & Vicki M Quist 33852 Pickerel Dr N Richville MN 56576 0
38000990412000 Kathleen Nelson 33866 Pickerel Dr N Richville MN 56576 9516
38000990413000 Rebecca Urness Yankton SD 57078 4703115 Rainbow St
Mondav. Seotember 27. 2021 Page 1 of 2
Parcel No Name 1
38000990669000 Alice L Jaeger
Name 2 Addr 1 Addr2 Citv St Zip
Inver Grove Heights MN 55077 358308 Alverno Ave
38000990670000 Jon E & Mary Jo Miller Wahpeton ND 58075 31351496 Maple Ct
38000990671000 Jon E & Mary Jo Miller 1496 Maple Ct Wahpeton ND 58075 3135
38000990672000 Jon E & Mary Jo Miller 1496 Maple Ct Wahpeton ND 58075 3135
38000990674000 David A Wolfe 33710 Pickerel Dr N Richville MN 56576 9516
38000990675000 GrothTst 3905 Pennsylvania St Apt 31 Longview WA 98632 5263
38000990676000 Joseph Formaneck 18015 77th St SE Wahpeton ND 58075 9625
38000990677000 Kimberly A Pauly Wahpeton ND 58075 35191468 15th St N
38000990678000 Bradley R & Kimberly A Pauly 1468 15th St N Wahpeton ND 58075 3519
38000990679000 EnderGRaghIb 325 Edgewater Dr West Fargo ND 58078 4248
38000990680000 Erwin L & Marilyn Wahlgren 87 28th Ave N Fargo ND 58102 1619
38000990681000 Erwin L & Marilyn Wahlgren 87 28th Ave N Fargo ND 58102 1619
38000990682000 Lowell & Doris Wilcox Richville MN 56576 951633790 Pickerel Dr N
38000990683000 Raymond M & Barbara Huelsman 8428 Villa Or Sellersburg IN 47172 1067
38000990684000 Raymond M & Barbara Huelsman 8428 Villa Cir Sellersburg IN 47172 1067
38000990685000 Mark A & Toni M Bladholm 404 Bladholm Ave Marshall MN 56258 1212
38000990686000 Rude Tst 33846 Pickerel Dr N Richville MN 56576 9516
38000990687000 Bradley W & Vicki M Quist 33852 Pickerel Dr N Richville MN 56576 0
Kathleen Nelson38000990688000 33866 Pickerel Dr N Richville MN 56576 9516
Rebecca Urness38000990689000 115 Rainbow St Yankton SD 57078 4703
Mondav. Seotember 27. 2021 Page 2 of 2
Buffer Mail -v’.fe
lEHVt
Address iName Address 2 City, State, Zip
Mark A & Toni M Bladholm 404 Bladholm Ave Marshall MN 56258 1212
Joseph Formaneck 18015 77th St SE Wahpeton ND 58075 9625
Groth Tst 3905 Pennsylvania St Apt 31 Longview WA 98632 5263
Raymond M & Barbara Huelsman 8428 Villa Cir Sellersburg IN 47172 1067
David & Patricia A Jacobson 3210 10th St N Fargo ND 58102 1308
Alice L Jaeger 8308 Alverno Ave Inver Grove Heights MN 55077 35
James E & llene J Rude Tstees 33846 Pickerel Dr N Richville MN 56576 9516
Jon E & Mary Jo Miller 1496 Maple Ct Wahpeton ND 58075 3135
Kathleen Nelson 33866 Pickerel Dr N Richville MN 56576 9516
Bradley R & Kimberly A Pauly 1468 15th St N Wahpeton ND 58075 3519
Kimberly A Pauly 1468 15th St N Wahpeton ND 58075 3519
Bradley W & Vicki M Quist 33852 Pickerel Dr N Richville MN 56576 0
Ender G Raghib 325 Edgewater Dr West Fargo ND 58078 4248
Perry D & Jean T Reinertson 523 Valley Dr Fergus Falls MN 56537 1765
Rude Tst 33846 Pickerel Dr N Richville MN 56576 9516
Rebecca Urness 115 Rainbow St Yankton SD 57078 4703
Erwin L & Marilyn Wahlgren 87 28th Ave N Fargo ND 58102 1619
Lowell & Doris Wilcox 33790 Pickerel Dr N Richville MN 56576 9516
David A Wolfe 33710 Pickerel Dr N Richville MN 56576 9516
Monday, September 27, 2021 Page 1 of 1
i*¥i wmy3;wx'
hr
vV -
V ■
RECEIVED
NOV 81 2021
-AND & RESOUBCfc
:5c •
■
. €m*1^
mcl'j Ccocerni
100, Unla-r stk^ci £R(Ler L h<X5
CX-SKeA 4o "fcLlo^e. \\'
UwVv'V +Vie flloO. rmeerl'
iOt^ uje'fe^
fA ^ €ri^^ i
xs U<xrCaAce re<^uesi
OcV 4lr\'^ OC,4tiloey-;,vX‘ii g-
^4“
m O'J.'T T'e.asGia^ oA
(jje uiouii ii'he uarran^>e
;¥ii Ui^
den f eA -r*
'":
cA 4-ln^UJe One_ ^rvAry
uue moLcie OL'
s?a cop^r\- -VW OC-1-- •
rvcA a^avrifri- Vi^vx r>e.\oa.’\A* t^ ,
W+ fWo^e mcy-^-e. V<^^ Sr\a'( a)>4lv'v +We.
Si5‘9c. CobeiCL^^ k H>-fA Sr^‘^/
-VVe. I'l^e.
.?"
". Siuc^e. axe.
• ■ ■ '•■v. ■•
-/'he
4'Vig^V,
ol5>10 ^ee4 ^
V aVes SrltjAev
^'.,
S -IkWi‘OinCerA^j^
'hvak\ Kfm
b'
1^,' ''
November 3, 2021 RECE/ved
NOV M 2021
'^^/D & RESOURCETo: Otter Tail Board of Adjustment
From: Brad and Kim Pauly
Re: Notice of Hearing for Variance for Ender Raghib property
33746 N. Pickerai Dr, Richviile, MN 56576
As owners of property adjacent to and immediately west of this property and as
a follow up to the variance meeting held October 14,2021 where a continuance
was issued to the above, we object to the issuance of a variance for the
following reasons:
1. There are a number of 50' wide lots in this area. When building codes
were established decades ago, a three-foot side setback was considered
adequate as cabins were small and most were seasonal. It was
acknowledged that changes needed to be made to the setbacks and a 10'
setback was approved a number of years ago. When someone is
constructing a new building or dwelling, the rules in place at the time of
construction should be followed.
2. The dwelling was totaled by the insurance company so new construction
is the choice of the owner. Because it is new construction, it should be
designed to adhere to the current rules and zoning.
3. It is physically impossible to construct a footing and wall, much less
construct an entire dwelling when the side setback is only three feet.
Approving this variance would require me to allow the construction entity
to use my property for this task. I will not allow that to happen based on
my previous experiences with allowing people property access in the past.
4. I don't know with 100% certainty what the intent with the property will
be in the future, but the owner possesses another large lot on the south
side of the lake. I heard the question asked of every applicant "What is
your hardship?" How can he have a hardship while already owning a
vacant large lot on the same lake? I very much question whether he
intends to make this a permanent home. These types of properties are
turning into VRBO-type rentals and having one three feet off my property
potentially impacts the use of our property.
5. According to the variance notice, this property already exceeds the 25%
impermeable rule (apparently the result of previously approved variances
-1 question how that happened) and it is considered a substandard lot.
Approving another variance simply compounds existing issues with this
property. All prior variances should be negated and he should be
approved to only build within current rules and codes.
6. There is only financial upside to the owner of the property by approving a
variance but there is potential harm to our property. We intend to
rebuild within the next year and I intend to design the house to fit within
the rules in place. It is possible approving this variance would hinder our
plans. If I would ask for a variance, would my plan receive the same
consideration to placing our dwelling three feet from the east line of the
property leaving only six feet between the dwellings?
7. Over the years, we have accommodated the owners of this property by
allowing them access to the front of the lot because of the current three-
foot side setback. Last year, we allowed heavy tree removal equipment
to drive over our property to remove trees on this property as it was the
neighborly thing to do. This resulted is additional damage to our property
from the tires of the truck. The only way to access the front of the lot is
on the west side of the property which includes dock and lift removals.
There are also times when our property was used without our permission.
During the variance meeting, the attorney stated the applicant missed the
deadline for filing for relief of current codes. This appears to be a legal issue
and not a covenant enforcement issue;
Also during the variance meeting, we heard numerous time a statement to
the effect "I have spoken to my neighbors and they support my request for a
i question the motivation for this variance request as
we have not been approached by the owner to discuss his plans and
subsequent request for leaving existing variances in place and asking for
even more relief.
The owner of this parcel purchased this lot 4-5 years ago. He did no due
diligence regarding lot lines, surveys, prior variances or what is referred to as
a substandard lot. As adjacent property owners, "fixing'' his issues at the
expense of his neighbors should not be considered.
For the above reasons, we are requesting denial of the variance request. If a
dwelling is going to be built on this property, it should follow current
building setbacks, rules, laws and covenants.
variance to
Thanks for your consideration
Amy Busko
Amy Busko
Friday, November 5, 2021 2;10 PM
Chris LeClair; Kyle Westergard; Darren Newville; Douglas Larson; Michael Donoho; Terry
Marthaler; Thomas (Tom) Lee
Correspondence
SPRTLR0321110514030.pdf
From:
Sent:
To:
Subject:
Attachments:
Good afternoon -
Attached is comments in regards to the tabled variance application for Ender Raghib on Pickerel Lake.
Thanks
Amy Busko
Permit Technician
Land & Resource Management
GSC, 540 W Fir
Fergus Falls, MN 56537
Direct 218-998-8096 | Office 218-998-8095
ottertailcountvmn.us
OTTER TAIL
ODWrr w#«SO<A
From: admin@co.ottertail.mn.us <admin@co.ottertail.mn.us>
Sent: Friday, November 5, 2021 2:04 PM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: Message from PRTLR03
1
Amy Busko
Ender Raghib <egraghib@hotmail.com>
Thursday, November 18, 2021 10:05 AM
Amy Busko; Kyle Westergard
support document for tonights meeting
Variance Addendum.xisx
From:
Sent:
To:
Subject:
Attachments:
I Some people who received this message don't often get email from egraghib@hotmail.com. Learn why this is important
Good morning Amy and Kyle,
I've attached a support document for tonight's variance meeting. I don't know if this is the proper way to
relate this to the board before the meeting, if it's feasible to have a support document or even if it is
reasonable for them to consider a support document. So thank you for your time and advancing this to the
board if appropriate prior to tonight's meeting.
It is basically a spread sheet of cabins on North Pickeral drive, the majority with 50 foot lots. It's sole purpose
and intent is to support how my variance is in line and harmonious with similar lots and structure on that area
of the lake. Thank you both for your help and work on this.
Ender Raghib
1
North Pickeral Drive Lots 33634 through 33746
Width (ft)Relevant and PertinentLot#
East side of cabin and boat house actually cross the poprty line
West side of drive way to west side of lot line ~ 4.75'
5033634
East side of garage ~3.5' from east side property line3364090
West side of garage is ~ 3.25' from west side property line
Boat house on east side of lot actually crosses the property line
33642 60
No relevant or pertinent33652100
No relevant or pertinent10033678
Cabin is 38 foot wide
East side of cabin to lot line is ~5.75'
West Side to lot line is ~2.75'
Propane tank sits ~1.2' from east side lot line
(This family wrote in a letter at my last meeting opposed to my variance)
5033710
West side of cabin to lot line is ~3.25'
East side of boat house to lot line is ~5'
33722 50
36' cabin
Shed crosses east side property line
East side of cabin to property line ~3.75'
5033728
No relevant or pertient
(Her husband spoke before the board at my last meeting opposed to my variance. She was in the audience)
33732 50
West side of cabin to Ion line is ~5.4 feet. (30'cabin on 50'lot)
Northwest side of driveway crosses property line by ~1'
Driveway located on 33740 crosses, uninterrupted, the west side boarder and in uninterrupted continuation,
joins garage structre located on 33732
(The male owner of the couple's ownership (see lot 33232) spoke at my last meeting opposed to my varience.
The female cowoner was in the audience)
33740 50
My lot, the lot applying for the variance3374650
I
^ r
;
mi MINNESOTA POLLUTION
CONTROL AGENCY
520 Lafayette Road North
St. Paul, MN 55155-4194
Compliance inspection report form
• fExDStinig Sybsurface Sewage Treatment System (SSTS)
Doc Type: Compliance and Enforcement
Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting'
documentation - additional local requirements may also apply. Further information can be found here:
https://www.pca.state.mn.us/sites/default/files/wa-vvwists4-31a.Ddf. ■ -
Inspector must submit completed form to Local Governmental Unit (LGU) and system owrner within 15 days,of final
determination of compliance or noncompliance.
I
I Property information Local tracking number:i
Parcel ID# or Sec/Twp/Range: 38000990331000
Property address: 33746:N Pickerel Lake Dr. Richville MN 56576
Owher/representative: Ender Raghib
Brief system description: 1500 gal. Holding Tank_______________
System status
!Local regulatory authority: Qttertail County
Owner's phone: 701 -388-2065 .
Systern status on date (mm/dd/yyyy): 8/12/2021
13 Compliant - Certificate of compliance*
(Valid for 3 years from report date unless evidence of
an imminent threat to public health or safety requiring
removal and abatement under section 145A.04,
subdivision 8 is discovered or a shorter time frame exists
in Local Ordinance.)
*Note: Compliance indicates conformance with Minn.
R. 7080.1500 as of system status date above and
does not guarantee future performance.
Reason(s) for noncompliance (check all applicable) '
□ Impact on public health (Cpmpliance component #1) -/mm/nenf threat to pub/;c hea/f/i and safety '
□ ■Tank integrity (Compliance component #2)-Fa///ng to protect groundwater i
□ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety i
O Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater '
□ Systemmot abandoned according to Minn.' R. 7080.2500 (Compliance component #3) - Falling to protect groundwater
Q Soil separation (Compliance component #5) - Fa/7;ng to protect groundwater
□-Operating permit/monitoring plan requirements (Compliance component #4) - Noncompllant - localvrdinance applies
Comments or recommendations
1 •
n Noncompllant - Notice of noncompliance
An imminent threat to public health and safety (ITPHS) must be.
upgraded, replaced, or its use discontinued within ten months of
receipt of this notice or within a shorter period if required by
local ordinance or under section 145A.04 subdivision 8.
Systems failing to protect ground water rriust be upgraded,\
replaced, or use discontinued within theilme required by idea!-
ordinance.
!
Certification
I hereby certify that all the necessary information has been gathered to determine the compliance status of this system. No
determination of future system performance has been nor can be made due to unknown conditions during systern construction, possible
abuse of the system. Inadequate maintenance, or future water usage.
By typing my name below, I certify the above ^tements to be true and correct, to the best of my knowledge, and that this Information
can be used for the purpose of processing thisylom.
Business name: Stoll Inspections Inc. '■i
Inspector signature: ___________ /
Certification number: 7526
License number: 2982
(This document has been electronically signed)Phone: 218-839-1849
Necessary or locally required supporting documentation (must be attached)
■ □ Operating Perrnit ■□ Soil observation logs
□ Other information (list):
13 Locally required forms □ Tank Integrity Assessment
i- ■
• Available in alternative formats .
Page! of 4
800-657-3864https://wvirw.pca.state.mn.us
wq-wwists4-31b • 1/11/21
Use your preferred relay service651-296-6300f
L
1. Impact on public health - Compliance component #1 of 5
Compliance criteria:Attached supporting documentation:
□ Other:
I -----------------------------------------------------------------------------------------------------------------------□ Not applicable
□ Yes' E NoSystem discharges sewage to the
ground surface
n Yes' S NoSystem discharges sewage to drain
tile or surface waters.
□ Yes- KlNoSystem causes sewage backup into
dwelling or establishment._________
Any “yes'’ answer above indicates the system is an
imminent threat to public health and safety.
Describe verification methods and results:
2. Tank integrity - Compliance component #2 of 5
Compliance criteria: Attached supporting documentation;
0 Pumped at time of inspection
I Name of maintenance business:
i License number of maintenance business: L2821
j Date of maintenance:
□ Yes' □ NoSystem consists of a seepage pit,
cesspool, drywell, leaching pit,
or other pit?__________________Barry Exc
□ Yes’ S NoSewage tank(s) leak below their
designed operating depth?8/12/2021
[H Existing tank integrity assessment (Attach)
1 Date of maintenance
! (mm/dd/yyyy):(must be within three years)
I (See form instructions to ensure assessment complies with j Minn. R. 7082.0700 subp. 4 B (1))
ni Tank is Noncompliant (pumping not necessary - explain below)
I
|T] Other: ________________________________________
If yes, which sewage tank(s) leaks: _________;
Any “yes”.answer above indicates the system
is failing to protect groundivater.
Describe verification methods and results:
I
Available in alternative formats
Page 2 of 4
800-657-3864 Use your preferred relay servicehttps://www.pca.state,mn.us
wq-wwists4-31b • 1/11/21
651-296-6300
#1
:[;■
1 3. Other compliance conditions - Compliance component #3 of 5
3a. Maintenance-hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured?
□ Yes* S No □ Unknown
3b. Other issues (electrical hazards; etc.) to. immediately and adversely impact public health or safety? □ Yes* I3 No □ Unknown
*Yes to 3a or 3b - System is an imminent threat to public health and safety.
3c. Systeth is non-protective of ground water for other conditions as determined.by inspector? ■
3d. System not abandoned in accordance with Minn. R. 7080.2500?
*Yes to 3c or 3d - System is failing to protect groundwater.
Describe verification methods and results;
T
;
•I
□ Yes* 12 No
‘□Yes* EI:No
t
r
!1
(
[■
:Attached supporting documentation: □ Not applicable □
. Operating permit and nitrogen BMP* - Compliance component #4 of 5 IEI Not applicable4
□ Yes □ No If “yes”, A below is required
Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required
BMP = Best Management Practice(s) specified in the system design
If the answer to both questions is “no ”, this section does not need to be completed.
Compliance criteria:
a.. Have the operating permit requirements been met?
Is the system operated under an Operating Permit?
I I Yes r~l No
b. Is the required nitrogen BMP in place and properly functioning? □ Yes Q No
Any “no” answer indicates noncompliance.
Describe verification methods and results:■i .
;
Attached supporting documentation: □ Operating permit (Attach) Q
*,
!i
• Available In alternative formats
Page 3 of 4
https://www.pca.state.mn.us
wq-wwists4-31b • 1/11/21
Use your preferred relay service651-296-6300 800-657-3864
■ -,i
-i
!
« , t A
5. Soil separation - Compliance component #5 of 5
S UnknownDate of installation
(mm/dd/yyyy)!
IS Yes DNoShorelandA/Vellhead protection/Food
beverage lodging?
Attached supporting documentation:
[□ Soil observation logs completed for the report (Attach)
0 Two previous verifications of required vertical
1 separation (Attach)
S Not applicable (No soil treatment area)
Holding Tank Only____________________
Compliance criteria (select one):
□ Yes DNo^5a. For systems built prior to April 1, 1996,
and not located in Shoreland or Wellhead
Protection Area or not serving a food,
beverage or lodging establishment:
Drainfield has at least a two-foot vertical
separation distance from periodically
saturated soil or bedrock.
0
I
Indicate depths or elevations□ Yes □ No'5b. Non-performance systems built April 1,
1996, or later or for non-performance
systems located in Shoreland or Wellhead
Protection Areas or serving a food,
beverage, or lodging establishment:
Drainfield has a three-foot vertical
separation distance from periodically
saturated soil or bedrock.*
I A. Bottom of distribution media
B. Periodically saturated soil/bedrock
C. System separation
!' D. Required compliance separation*
! *May be reduced up to 15 percent if allowed by Local
Ordinance.
D Yes D No*5c. "Experimental", “Other", or “Performance"
systems built under pre-2008 Rules:
Type IV or V systems built under 2008
Rules 7080. 2350 or 7080.2400
(Advanced Inspector License required)
Drainfield meets the designed vertical
separation distance from periodically
saturated soil or bedrock.
"'Any '110 ” ansiver above indicates the system is
failing to protect groundwater.
Describe verification methods and results:
i
Upgrade requirements: (Minn. Stat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced,
or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the
system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by
local ordinance. If an existing system Is not failing as defined in law, and lias at least two feet of design soil separation, then the
system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict.
This provision does not apply to systems in shoreland areas. Wellhead Protection Areas, or those used in connection with food,
beverage, and lodging establishments as defined in law.
I
https://www.pca.state.nnn.us
wq-wwisTs4-31b * 1/11/21
800-657-3864 Use your preferred relay service • Available in alternative formats
Page 4 of 4
651-296-6300