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Home My WebLink About39000280241000_Variances_07-23-2020I Date Stamp 1244645 CAROL SCHMALTZ OTTER TAIL COUHTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED OH 09/21/2020 08:13 AM FEE; 46.00 PAGES 5 WELL CERTIFICATE REC'D; N RECEIVEDC-4 JUL i 3 2020 ojilAIMO S i“ri o:> ^ -*l&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.us Application Fee >o^-Receipt Number PHuFAccepted by Date OProperty Owner \Name Dean & Delores Jorgenson Address 35372 County Highway Number 3 City Erhard State MN Zip 56534 Daytime Phone 218.842.5373 (h) 830.685.3554 (c) Email rockin1@prtel.com Parcel Information Lake No Lake Name Lake Class56-739 Crystal Lake Parcel Number(s)39000280241000 Parcel Number(s) Township Name SectionMaplewood Township 28 Legal Description PT GL 5 COM W1/4 COR SEC 28, S 397.92' TO BG, S 1545.74', E TO LK, NLY ALONG LK TO PT E OF BG, W TO BG Physical Address 35372 County Highway No. 3, Erhard, MN 56534 TYPE OF VARIANCE REQUESTED (Please Check) □0structure Setback □□Structure Size Sewage System Subdivision □□0ClusterMiscellaneousWECS Version Date: 04/07/2020 1 r it SPECIFY HOW YOUR PROJa VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: 5cc(A\, VcLtv<^ Gjcis.Subd. Controls or Shoreland Management Ordinaro VII. Metes and Bounds or III. District Requirements #1 Harry Jorgneson, my father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show old oak trees inundated with lake water. The rising water has consumed nearly all of the buildable area between the roadway and the water. With that said I am requesting a variance of the setback from the OHW from the required 200' to a 90' setback for Parcels E and F. Request for Parcels to be declared suitable for single family use. I have 2 children and my desire is to leave a piece of this family property to each kid. The enclosed maps give has contours a visual representation of the site, water frontage distances buildable area and size calculations. #2 Additional Variance Language update: As a result of the water levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinary high water determination location. (Jack Rosenthal) I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. 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, 2020, 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. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ^ 1/27^/’ZO lER/AGENT FOR OWNER DATESIGNATURE OF PROI APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) ^'.00lb,Date of Hearing Time Motion Dean & Delores .Jorgenson - Variance Request Approved for the Creation of 2 Parcels (6:04 p.m.) August 13. 2020After consideration and discussion, fhomas Lee made a motion, seconded by 1 erry Marthaler, and carried by roll call vote to table the variance request with the applicant's verbal permission to the September 10. 2020 Board of Adjustment Meeting. September 10. 2020After consideration and discussion, Darren Newville made a motion, seconded by Michael Donoho and carried by roll call vote with Douglas Larson voting no, to approve the variance request to create 2 parcels. Parcel E being approximately 74,662 sq. ft. (1.714 acres) and Parcel F being approximately 108,895 sq. ft. (2.50 acres) in size and if variances are needed for any future development a variance request will need to be applied for at that time. This variance only allows the creation of the 2 parcels. 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. fhflUj Thwi(Xs Chairman/Otter Tail County Board of Adjustment VPermit(s) required from Land & Resource Management NoYes Note; If Yes, contact Land & Resource Management Copy 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 i Kyle Westergard Asst. DirectorOTTER TflilOOsaTT 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:Dean & Delores Jorgenson Address/Parcel No. 35372 Co. Hwy 3 / 39000280241000 Requested Variance: #1 Harry Joreneson, my father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show old oak trees inundated with lake water. The risinR water has consumed nearly all of the buildable area between the roadway and the water. With that said I am reauestinR a variance of the setback from the OHW from the required 200' to a 90' setback for Parcels E and F. Request for Parcels to be declared suitable for single family use. I have 2 children and my desire is to leave a piece of this family property to each kid. The enclosed maps give has contours a visual representation of the site, water frontage distances buildable area and size calculations. #2 Additional Variance Language update: As a result of the water levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinary high water determination location. (Jack Rosenthal) Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. X Subdivision. HWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Shoreland Management Ord. VII. & III. And Sanitation Code Sec. 10 Table 2 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; Would like to split the property for his children so they can each have a parcel. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general 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... [ 1 No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because; The proposed lots are non-conforming due to the water rising on the lake over the years. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... n No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: This split is allowing the applicant to not have to go through the Planning Commission process. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The rising water on the iake has created this situation. 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: This is a unique property and there are similar properties this size in the vicinity of this request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: Need to take into consideration of the rising water of the lake. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 10, 2020 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. ■ 1 • 884645 No delinquent taxes and transfer entered; Certificate of Real Estate Value ('—^ ) filed ( CertWcate of Real Estate Value No. OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # _ was filed/recorded in^is office for rec^ on the ^ day of 2001 atWendy Melralf, County Recorder ^ ( V. ^cordii^tea d iO.ooJk ^well certificate ) not required. 067536 S846456—I ' (Year)Wayne Stein, County Auditor d?by by;Deputy WARRANTY DEED Individual to Joint Tenants COUNTY OF OTTEn TAIL STATE OF MINNESOTA DEED TAX $ /iy QB NUMBER * / :Ua.9 7 f DATE _UUc> n s -o! STATE DEED TAX DUE HEREON: $198.00 Date: July 7^ .2001 FOR VALUABLE CONSIDERATION, Hazelle Jorgenson, a single person. Grantor, hereby conveys and warrants to H. Dean Jorgenson and Delores Jorgenson, Grantees as joint tenants, real property in Otter Tail County, Minnesota, described as follows: That part of Government Lot Five (5) of Section Twenty-eight (28), Township One Hundred Thirty-five (135), Range Forty-two (42), Otter Tail County, Minnesota, described as follows: Commencing at the iron monument at the Southwest corner of said Government Lot 5; thence on a bearing of North, assumed bearing along the West line of said Government Lot 5, a distance of 694.19 feet to an iron pipe monument, the point of beginning of the tract to be described; thence continuing on a bearing of North 1545.74 feet along the West line of said Government Lot 5 to an iron pipe monument; thence South 89 degrees 05 minutes 08 seconds East 462 feet, more or less along the monumented line to the shoreline of Crystal Lake; thence southerly, southwesterly, southerly and southeasterly along the shoreline of Crystal Lake to the intersection with the monumented line which bears South 89 degrees 05 minutes 08 seconds East from the point of beginning; thence North 89 degrees 05 minutes 08 seconds West 313 feet, more or less to the point of beginning; Subject to an easement for County State Aid Highway Number 3 over and across the westerly 50 feet thereof; together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: none. [ ] The seller certifies that the seller does not know of any wells on the described real property. -1- MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, September 10, 2020 The Otter Tail County Board of Adjustment met Thursday. September 10, 2020, with the following persons in attendance via GoToMeeting: Douglas Larson Michael Donoho Judd Fischer Darren Newville Terry Marthaler Thomas Lee Chris LeClair, Director, Land & Resource Management Ben Olson, Assistant County Attorney The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec. 13D.021 Subd. 1(1). Called to Order ~ Thomas Lee, Chair called the meeting of the Board of Adjustment to order at 5:59 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the August 13, 2020 meeting. The Board of Adjustment considered the following application(s) for variance: Dean & Delores Jorgenson - Variance Request Approved for the Creation of 2 Parcels (6:04 p.m.) Dean & Delores Jorgenson, Pt ofGL 5, Crystal Lake (56-739), Maplewood Township request the following: #1 Harty Jorgneson, my father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show' old oak trees inundated with lake w ater. The rising water has consumed nearly all of the buildable area between the roadway and the water. With that said 1 am requesting a variance of the setback from the OHW from the required 200' to a 90’ setback for Parcels E and F. Request for Parcels to be declared suitable for single family use. I have 2 children and my desire is to leave a piece of this family property to each kid. The enclosed maps give has contours a visual representation of the site, water frontage distances buildable area and size calculations. #2 Additional Variance Language update: As a result of the w ater levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinary high water determination location. (Jack Rosenthal) August 13, 2020 After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler, and carried by roll call vote to table the variance request w ith the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X XDouglas Larson Michael Donoho X Terry Marthaler Brent Frazier - PC Member X X September 10, 2020 Dean Jorgenson, property owner represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for or against the variance application. Correspondence was received from Attorney Sarah Duffy on behalf of Dean Jorgenson requesting approval of the Variance as requested. After consideration and discussion, Darren New ville made a motion, seconded by Michael Donoho and carried by roll call vote with Douglas Larson voting no, to approve the variance request to create 2 parcels. Parcel E being approximately 74,662 sq. ft. (1.714 acres) and Parcel F being approximately 108.895 sq. ft. (2.50 acres) in size and if variances are needed for any future development a variance request w ill need to be applied for at that time. This variance only allows the creation of the 2 parcels. This decision is based on the Findings of Fact and Decision Form, w hich contains the criteria review ed 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. Board of Adjustment September 10, 2020 Page I 1 «'Dean & Delores Jorgenson Cont. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN XThomas Lee XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Judd Fischer - PC Member X Patricia Absey & Michelle Bartholomay - Variance Application Approved with Modification (6:18 p.m.) Patricia Absey & Michelle Bartholomay, Pt of GL 5 Com NW Cor GL 2 S (15.12 Acres). Anna Lake (56-448), Sverdrup Township request the following: Request variance to road right-of-way to place a 10’ x 16’ WOAS on lake front portion of property . Request the WOAS to be 0’ from the road right of way. Required setback is 20’. August 13. 2020 After consideration and discussion. Darren New ville made a motion, seconded by Terry Marthaler, and carried by roll call vote to table the variance request w ith the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting. Roll call vote as follows: ABSTAINBoard of Adjustment YEA NAY ABSENT Thomas Lee X XDarren New^ ille XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X September 10, 2020 Patricia Absey & Michelle Bartholomay, property owners represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for or against the variance application. Matthew Yavarrow spoke on behalf of the OTC Hwy Dept indicating that as long as the proposal is 60 feet from the centerline of County Hwy 35, they have no objection to the variance request. After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and carried by roll call vote with Terry Marthaler voting no, to approved the variance to construct a 10’ x 16’ water orientated accessory structure being 0’ from the road right of way and 8’ from the ordinary high w ater level. 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. It was noted that this road has a significant number of vehicles traveling on it and it is a safety concern to be hauling water accessories across the road all the time. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN XThomas Lee XDarren Newville Douglas Larson Michael Donoho X X XTerry Marthaler Judd Fischer - PC Member Page I 2 X Board of Adjustment September 10, 2020 ' Raymond & Marcia Moody Cont. After consideration and discussion, Douglas Larson made a motion, seconded by Brent Frazier, motion failed as the roll call vote was tied with Thomas, Darrin & Michael voting no and Douglas. Terry & Brent voting yes. Upon further discussion, Thomas Lee made a motion, seconded by Darren Newville to deny the variance request. This motion was withdrawn. With more discussion and considerations Darren Newville made a motion, seconded by Terry' Marthaler and carried by roll call vote with Michael Donoho voting no, to approve the variance to construct an addition to the dwelling and an attached garage being 43 feet from the ordinary high water level, 3.5 feet from the septic tank and 8 feet from the drainfield with the condition that the attached garage can be no larger than a 12’ X 24’ and must be 8 feet from the traveled 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 w ith the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjuslnicnt YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Nenwille X Douglas Larson Michael Donoho X X XTerry Marthaler Brent Frazier - PC Member X Otter Tail LLC, Sean & Liz Singh - Variance Approved as Requested (8:35 p.m.) Otter Tail LLC, Sean & Liz Singh, That Ft Lot 2 & Pt GL 3 (Forever Attached), Little McDonald Lake (56-328), Edna Township request the following: Requesting a variance of 21’ from the ordinary' high-water level setback of 75’ to build a deck 320 SF over existing concrete patio. Proposing to remove 320 SF of concrete boat ramp. Sean & Liz Singh, property' owners and Kelli Wegscheid. Architect represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion, Michael Donoho made a motion seconded by Darren New ville. and carried by roll call vote to approve the variance request to construct a covered deck being 54 feet from the ordinary high water level. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjustment NAYYEA ABSENT ABSTAIN Thomas Lee X XDarren Newville Douglas Larson Michael Donoho X X XTerry Marthaler Brent Frazier - PC Member X Dean & Delores Jorgenson - Tabled (8:14 p.m.) Dean & Delores Jorgenson, Pt of GL 5, Cry stal Lake (56-739), Maplew ood Township request the follow ing: #1 Harry Jorgneson, my father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show old oak trees inundated w ith lake water. The rising w ater has consumed nearly all of the buildable area between the roadw ay and the w ater. With that said I am requesting a variance of the setback from the OHW from the required 200’ to a 90’ setback for Parcels E and F. Request for Parcels to be declared suitable for single family use. I have 2 children and my desire is to leave a piece of this family property to each kid. The enclosed maps give has contours a visual representation of the site, w ater frontage distances buildable area Board of Adjustment August 13, 2020 Page I 8 ' Dean & Delores Jorgenson Cont. and size calculations. #?2 Additional Variance Language update: As a result of the water levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinarv high water determination location. (Jack Rosenthal) Dean & Delores Jorgenson, property owners represented the variance application via Go'foMeeting. The audience was polled with Joel Jorgenson speaking in favor of the variance request. A letter from the Otter Tail County Highway Department was forw arded to the Board of Adjustment Members and read for the record. A letter was also submitted opposing the variance as requested by Van R. Ellig w as forw arded to the Board of Adjustment Members and read for the record. After consideration and discussion, Thomas l.ee made a motion, seconded by Terry Marthaler, and carried by roll call vote to table the variance request w ith the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting. Roll call vote as follow s: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Brent Frazier - PC Member X X Peter «& Katrina Doll - Variance Request Denied (8:39 p.m.) Peter & Katrina Doll, NEl /4 Lots 1, 2, & 3 Ex RR & Ex TRs, Grunard Lake (56-330), We request a variance to have a structure setback of 160 feet, rather than the 200 feet natural environment lake setback. Peter & Katrina Doll, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. An email was received from Kevin & Debra Amunrud in favor of the variance request. After consideration and discussion, 7'homas Lee made a motion which failed as there was no seconded. Upon further discussion Darren New ville made a motion, seconded by Douglas Larson and carried by roll call vote with Thomas Lee voting no to deny the variance request as there is room on this property to meet the setback of 200 feet. 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 w hich have been placed on file w ith the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren News ille X Douglas Larson Michael Donoho X X Terry Marthaler Brent Frazier - PC Member X X Kevin Gilbert - Variance Request Denied (8:52 p.m.) Kevin Gilbert, Lot 9 BIk 2 & Vac Rd & Lot8 Blk 3 - Maple Acres, Stuart Lake (56-191), Girard Township request the following: 1. Variance request for 80’ setback from high w ater level of Stuart Lake for construction of a 40’ x 28’ dw elling. No other setback variances are necessary as dwelling w ould be setback 44’ from the Top of Bluff and 60’ from the boundary line parallel to 220'*' Street. This setback request and placement of the dwelling is consistent w ith neighboring property setbacks. 2. Request variance to construct a Water Oriented Accessory Structure (WOAS) w ithin 20’ of the Top of the Bluff 1 am not able to construct a WOAS w ithout a variance due to the w etlands and the w idth of the bluff Due to this unique hardship and the nature of the property , I request this variance to be granted. The variance is consistent w ith the location of WOAS on neighboring properties. 3. Request a variance to Board of Adjustment August 13, 2020 Page 9 STAFF REPORT Dean & Delores JorgensonAPPLICANT: #1 Harry Jorgenson, my father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show old oak trees inundated with lake water. With that said I am requesting a variance of the setback from the OHW from the required 200' to a 90' setback for Parcels E and F. Request for Parcels to be declared suitable for single family use. I have 2 children and my desire is to leave a piece of family property to each kid. The enclosed maps give has contours a visual representation of the site, water frontage distances buildable area and size calculations. #2 Additional Variance Language update: As a result of the water levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinary high water determination location (Jack Rosenthal). APPLICATION: 35372 County Highway No. 3, Erhard, MN 56534 39000280241000LOCATION: LAKE NAME/NUMBER/CLASS: Crystal Lake, 56-739, NE STAFF WHO COMPLETED REPORT: Chris LeClair 4^ Otter Tail County Visit the County Website & ill staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. Sitevisit August 3, 2020. See observations below. Applicable Ordinances/Statutes Shoreland Management Ordinance SECTION lll,Subp. 3 Minimum Lot Area, Water Frontage & Lot Width Requirements; Lakes and Rivers 3. LAKES NEGDRO RIPARIAN LOTS Buildable Area (Ft 8,400 8,400Single Family Residential 8,400 Shoreland Management Ordinance SECTION IV, Subp. 10 Platting: All subdivisions with lots or parcels that are less than 5 acres in size must be platted in accordance with Minnesota Statutes 505. No conveyance or other document creating a subdivision of any real property other than by a duly approved plat, shall be recorded, unless accompanied by a registered surveyor's drawing for recording. Consistency With Other Controls Subdivisions must conform to all other requirements of the Subdivision Controls Ordinance of Otter Tail County. Subdivisions must not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose. B. C. Sanitation Code SECTION 8 SITE EVALUATION AND SOIL TESTING Minimum Size, Soil Treatment Area. For new subdivision or lot approval testing, enough soil observations must be conducted to ensure that a enough area exists for a primary and secondary soil treatment area, each of which is large enough for a Type I system for a five bedroom home to ensure long-term sewage treatment for each lot. On previously platted lots that have not been developed, enough area of suitable soil must be identified for two Type I soil treatment and dispersal areas. Percolation tests are not required for subdivision or lot approval testing unless the permeability cannot be estimated or there is reason to believe the soil is not original soil or has been disturbed. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Buildable area for each lot is under the 8400 square feet. 2. Soil testing has not been conducted to determine if suitable soil exists for a primary and secondary soil treatment area for each lot. 3. Lot too narrow to meet setback to the lake or road right-of-way. 4 STAFF REPORT Peter and Katrina DollAPPLICANT: We request a variance to have a structure set back of 160 feet, rather than the 200 feet natural environment lake set back. APPLICATION: 35681 446'^ Street, Vergas MN 20000080046000LOCATION; LAKE NAME/NUMBER/CUSS: Grunard, 56-330, NE STAFF WHO COMPLETED REPORT: Chris LeClair 4^ Otter Tail County VbH th« County WebsHe +35681 446THST A' □ staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No conditions recommended. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A LAKES RIVERS SETBACKS <Ft)U&T6DRDNE Ae Trans Elevation Above OHWL Vertical Separation*3 3 33 3 3 Setback From OHWL Dwellings / Non-Dwellings 100 100 100 15075200 20 20 20WOAS 20 20 20 Lotline** 10 10Single Family Residence Commercial PUD 10 10 1010 50 5050 50 5050 Residential PUD 50 50 5050 50 50 65 40 65 115WOAS4090 Top of Bluff 30 30 3030 3030 Road Rieht-of-Wav (Public / Private) All Structures 20 20 20 202020 Septic Tanks All Structures 10 10 101010 10 Soil Treatment Area Dwelling 20 20 20 202020 Non-Dwelling Maximum Structure Height 10 10 10 101010 Dwelling Non-Dwelling 35 35 3535 35 35 * * *20 20 2020 20 20 10 1010 10 10WOAS 10 Staff Comments: Based on a review of the application and a site review, Staff offers the following comments; 1. Site visit August 3 2020 2. Lot seems large enough to meet setbacks I « .■S: >t‘ l- y ^K.‘- ;- v^* A - '- . • .. .' >; ■“ ; -'i#Wk LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA August 27, 2020 Dean & Delores Jorgenson 35372 County Hwy 3 Erhard MN 56534 Re: Tabled Variance Application Dear Mr. & Mrs. Jorgenson, Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for Thursday, September 10, 2020, the public hearing will be held remotely via Go-To-Meeting. Chris LeClair will forward the link for the meeting to you once he receives it. Your variance request, which was originally tabled at the August 13, 2020 Board of Adjustment meeting, has been rescheduled for consideration at the September 10, 2020 meeting. 1 have enclosed a copy of the September 10, 2020 meeting agenda for your reference. Please pay attention to the scheduled meeting time. Also, if you ha\ e any documentation that you would like the board members to receive prior to the meeting feel free to email it to me and 1 will forward it on to them for their review. If the date and time for this meeting is not convenient for you, please notif y the Land & Resource Management office in writing prior to the September 10. 2020, meeting and I will have your request rescheduled for the next a\ ailable meeting of the Board of Adjustment. Should you have any questions or require any additional information please feel free to contact me. Sincerely, Amy Busko Secretary Board of Adjustment abusko@co.ottertail.mn.us ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 m AGENDA Otter Tail Count>' Board of Adjustment Thursday, September 10,2020mcRnii 6:00 p.m. - Meeting Starts via Go-To-Meeting 6:00 p.m. - Call to Order and Approve August 13, 2020 Minutes Name Township/Section Lake/River Parcel No.Physical Address (1) Dean & Delores Jorgenson Old Business Maplewood/Sec. 28 Crystal (739)35372 County Hwy 3 39000280241000 (2) Patricia Absey Michelle Bartholomay Old Business Sverdrup/Sec. 8 Anna (448) 26521 Co. Rd. 35 57000080052004 (3) Joseph & Susan Jansen Everts/Sec. 5 Round (297) Crystal (749) 27561 Timber Hills Rd 25000990743000 (4) Jeff & Holly Baker Lida/Sec. 11 3700099086500044559 Bypass Dr 53000990493000 5300099049400045932 375"’ St(5) Bradley & Patricia Wagner Rush Lake/Sec. 13 Rush (141) (6) Kelly & Jill Geiger (7) Linda Johnson, Et Al Dunn/Sec. 7 Pelican (786)21673 Broadwater Dr 17000990554000 Everts/Sec. 28 25000280180000Unnamed (304)23104 Asthre Dr 7:00 p.m. (8) John & Sharson Larson 13000040019025Dane Prairie/Sec. 4 Wall (658)24739 Mound Rd (9) Clarence & Carol Reuer Tst Gorman/Sec. 25 44682 N Little Pine Rd 30000250146002Little Pine (142) NOTE: In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land «fe Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. LAND & RESOURCE MANAGEMENT OTTER TAIL 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: Dean & Delores Jorgenson 35372 County Hwy 3 Erhard MN 56534 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 13, 2020 at 8:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** 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.- 39000280241000 Pt of GL5... Section 28, Township 135, Range 42 Township Name - Maplewood Crystal (56-739), Natural Environment (NE) 35372 County Hwy 3, Erhard MN 56534 Lake Name/Number/Class: Property Address: The variance requested is the following: #1 Harry Jorgneson, my father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show old oak trees inundated with lake water. The rising water has consumed nearly all of the buildable area between the roadway and the water. With that said I am requesting a variance of the setback from the OHW from the required 200' to a 90' setback for Parcels E and F. Request for Parcels to be declared suitable for single family use. I have 2 children and my desire is to leave a piece of this family property to each kid. The enclosed maps give has contours a visual representation of the site, water frontage distances buildable area and size calculations. #2 Additional Variance Language update: As a result of the water levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinary high water determination location. (Jack Rosenthal) July 30, 2020 Amy Busko Board of Adjustment Secretary ottertallcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 1 EF1' ® 'o ’J uses L A:*f A 'iQQQft W m /fJ7 Q ui PART OF GOVT LOT 5, SECTION 28,T.135N., R.42W.. OTTER TAIL COUNTY. MN PARCa D l•*.7?» w KtSS »Mt if -- Jtf^ROnMTEWAICWinOEORtHNMY WQH MATBMMatiMUi piiopotFOBrMEiiwns-sEcNcm some NOTES moposcD simc snts me sao Sf.SNONN ON fHB IMP A 901 CMUMliaR iF «Q(«D TO 0E1DMC r MY Ml A'- • *> f i4^' !I t ¥ v;..y r-* ■ M MS : i/r NON wtII I 1I TrustCompass.com OFAM JDMVMSON Nycklemoe & Ellig, P.A. ATTORNEYS AT LAW Washington Professional Building 106 East Washington Avenue Fergus Falls, Minnesota 56537 Established 1925 Phone (218) 736-5673 Fax (218)736-5466 Web: wvvvv.nycklcnioelaw com Henry Nycklemoe (1925-1980) Paul H. Nycklemoe (1958-1997) ♦ David H. Nycklemoe. of counsel VanR. Ellig *♦+ Roll'H. Nycklemoe* Joseph R. Ellig Kelsee Macintosh-Ellig *** Legal Assistants IJarb Lewis Callie Funkhouser Tessa llouge Anahita Narimani Marissa Skinnemoen ♦ * City Attorney ♦♦Admitted in MN, ND and SD and Former MN Pollution Control Agency Board Chairman ♦♦♦Admitted in MN and ND +QualiHcd ADR Neutral/Arbitration "Admitted in White Earth and Leech Lake Tribal Courts RECEIVED AUG 1 0 202C -ANO RFSODBCt August 6, 2020 Otter Tail County Boarii of Adjustment Land & Resource Management Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 RE: 35372 County Highway 3, Erhard, Minnesota 56534 To Whom It May Concern: I am writing this correspondence concerning the variance request of Dean and Delores Jorgenson, concerning property addressed 35372 County Highway 3. Erhard, Minnesota 56534. 1 am a landowner directly west of the subject property. Simply put, this is not a minor variance request. There was ample building space for two or more domestic dwellings had the current owner not built pole barns in multiple locations. Apparently, when these pole barns were built, the parties did not wish to leave any property to their children or grandchildren. At the very least, that is poor planning, and closing the barn door after the livestock is out of the bam. In my experience as Otter Tail County Commissioner and Chairman of the Minnesota Pollution Control Board, 1 rarely have seen a request such as this that flies directly in the face of the intent of the Shoreline Ordinance to such a substantial degree. To put it bluntly, granting this variance is poor public policy. From my law practice, I know there are dozens of developers and individual parties in the county that are hoping this will be granted so they may use it as precedence for their variance request. Forty-two (42) feet from the current ordinary high-water mark is a blatantly poor location for any type of septic system. Denial of this variance should be the easiest decision that the Board of Adjustment ever made. Sincerely yours, •‘i Van R. Ellig VRE/amn Amy Busko Amy Busko Monday, August 10, 2020 10:51 AM Brent Frazier; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair Jorgenson Correspondence SPRTLR0220081010470.pdf From: Sent: To: Cc: Subject: Attachments: Attached is correspondence for the Dean Jorgenson variance request. AMY BUSKO Otter Tail County Land & Resource Managment From: PRTLR02@CO.OTTERTAILMN.US <PRTLR02@CO.OTTERTAIL.MN.US> Sent: Monday, August 10, 2020 10:47 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Scan from OTC Land & Resource 1 HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537OTTER TAIL COUNTY - MINNESOTA August 11, 2020 received AUG 12 2020 and & RESOURCE Amy Busko Otter Tail Board of Adjustments 510 West Fir Avenue Fergus Falls, MN 56537 RE: Variance for Dean & Delores Jorgenson 35372 County Hwy 3 PID 390002802241000 Dear Amy: We have reviewed the above referenced variance request and have the following comments: We feel the setbacks should be measured from 60 feet from the highway centerline of C.S.A.H. 3. In the future when this road is reconstructed, we will require an additional 10 feet of right of way on both side of the highway centerline to meet State Statutes for highway design. If you have any questions or require more information, please feel free to contact me at any time. Sincerely, Otter Tail County Flighway Department Matthew Yavarow Asst. County Engineer cc: Charles Grotte, County Engineer Project File ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8470 l \HWYSHARE\C S A H • C H Cofr\CSAH 3\Jofgenson Variance.docx Am^^Buslw Amy Busko Wednesday, August 12, 2020 8:56 AM Brent Frazier; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair Correspondence SPRTLR0220081208260.pdf From: Sent: To: Cc: Subject: Attachments: Good morning - Attached you will find correspondence from the Hwy Dept in regards to a couple variance requests. Thanks and have a great day AMY BUSKO From: PRTLR02(5)CO.OTTERTAILMN.US <PRTLR02@CO.OTTERTAILMN.US> Sent: Wednesday, August 12, 2020 8:27 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Scan from OTC Land & Resource 1 received SEP OS 2020 land & resource S^PENIBERTONLAW September 10, 2020 Otter Tail County Board of Adjustment Land and Resource Management Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 VIA EMAIL Re: Application for Variance, Parcel No. 39000280241000 To Whom It May Concern: 1 am writing this letter on behalf of Dean and Delores Jorgenson regarding their application for variance for property located at 35372 County Highway 3, Erhard, Minnesota 56534. For the reasons detailed in this letter. I respectfully request their variance to be granted. 1 reviewed a copy of a letter from Van Ellig dated August 6, 2020, objecting to the application for variance. There are some clear inaccuracies and omissions within this letter. Mr. Ellig uses his property as recreational hunting land. The motivation for this objection is likely based upon his own personal motivations, and not his experience as an attorney or other professional roles he mentioned. While it is true that Mr. Ellig’s property is west of the subject property, it is across the highway from my clients’ property and is not connected to or directly adjacent to the subject property. Furthermore, Mr. Ellig’s assertion that two or more dwellings could have been built on the property had the owner not built multiple pole bams in multiple locations is inaccurate. While Dean Jorgenson did build a couple pole bams, they are not located on the property that is the subject of this application for variance. The pole bams are on Parcel C, which is not included in the property on this application. Regardless of the location of the pole bams, there would not be adequate space to build two additional domestic dwellings on Parcel D, and it would be impossible to build a domestic dwelling on Parcel E or Parcel F without the granting of a variance. Lastly, it is also unclear why Mr. Ellig states the septic system will be 42 feet from the ordinary high water line. Nothing in the application suggests this to be true. Over the past several decades, my clients have lost approximately 200 feet of land to the rising waters of Cry stal Lake. These rising waters were beyond their control and have caused the property to be unbuildable w ithout a variance. The legal test to granting this variance request is v\ hether the variance is due to “practical difficulties.” Due to the rising water that has made the Pemberton Law 110 North Mill Street Fergus Falls MN 56537 Office 2IX-736-5493 Fax 218-736-3950 www.pemlaw.com Proposed parcels E and F unbuildable, there is not adequate room on the parcel to obtain a reasonable use of the property without this variance. In addition, an element of the practical difficult test is whether there will be a substantial change produced in the character of the neighborhood or a substantial detriment to adjoining properties created. By granting this variance, there will be no substantial change or detriment to adjoining properties. In addition, with respect to lot size, a similar variance was granted and recorded as Document Number 1188104. The variance granted for Thomas Holderman was a request very similar to this request to subdivide lots from a 4.29 parcel to a 2.57 acre lot and a 1.72 acre lot. The Holderman property was also on Crystal Lake. For these reasons, we request that you consider the application for variance and grant it. Sincerely, 'Sarah C. Duffy Amy Busko Sarah Duffy <s.duffy@pemlaw.com> Thursday, September 10, 2020 10:24 AM Amy Busko Rockin1@prtel.com Jorgenson Letter 2020-09-10 SCD-County.pdf From: Sent: To: Cc: Subject: Attachments: Hi Amy, Please see the attached letter in support of the Jorgenson Application for Variance. Thanks, Sarah PEMBERTONLAW Sarah Duffy, Attorney Pemberton Law Firm 110 N. Mill Street Fergus Falls, MN 56537 218.736.5493 ext. 120 s.duffv@pemlaw.com My Bio **Attorney Client Privileged Document** Your agreement to accept e-mail communications constitutes your consent to the use of electronic communications and the risks thereof This e-mail and any attachments are confidential and are intended solely for the individual or entity to which they are addressed. If you receive this e-mail in error, destroy it immediately. 1 Amy Busko Amy Busko Thursday, September 10, 2020 10:48 AM Judd Fischer (fischerscustom@gmail.com); Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair; Kyle Westergard; 's.duffy@pemlaw.com' FW: Jorgenson Letter 2020-09-10 SCD-County.pdf From; Sent: To: Cc: Subject: Attachments: Good Morning - Attached is a letter from Sarah Duffy, Attorney, on behalf of the Jorgenson Variance Request for your review. Have a great day! Amy From: Sarah Duffy <s.duffy@pemlaw.com> Sent: Thursday, September 10, 2020 10:24 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Cc: Rockinl@prtel.com Subject: Jorgenson Letter Hi Amy, Please see the attached letter in support of the Jorgenson Application for Variance. Thanks, Sarah PEMBERTON LAW Sarah Duffy, Attorney Pemberton Law Firm 110 N. Mill Street Fergus Falls, MN 56537 218.736.5493 ext. 120 s.duffv@pemlaw.com My Bio **Attorney Client Privileged Document** Your agreement to accept e-mail communications constitutes your consent to the use of electronic communications and the risks thereof This e-mail and any attachments are confidential and are intended solely for the individual or entity to which they are addressed. If you receive this e-mail in error, destroy it immediately. 1 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 July, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake AssociationTownship ClerkProperty Owner NAJim Nelson, Clerk Maplewood Township 23912 Co. Hwy 24 Erhard MN 56534 Dean & Delores Jorgenson 35372 County Hwy 3 Erhard MN 56534 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 , Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ass & 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 Big McDonald: Devils (Ne^Perham): LittlelHcBonald 5 P/^Big Z20r, FisnyB UJ Big Pine:Little Pi Pelic 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: 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 File 1Dated: July 30, 2020 Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____22 I I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press 5Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:10Amy Busko l;\BOA\August BOAUorgenson Affidavit (739) 08-13-20.doc: Buffer Parcels Citv St ZioAddr 2Addr 1Parcel No Name 1 Name 2 «Weaverville CA 96093 1435PO Box 143539000280240000 Wm E Bredehoft Et Al Erhard MN 56534 946635372 County Highway 339000280241000 H Dean & Delores Jorgenson Erhard MN 56534 946635066 County Highway 339000280241001 Thomas C Holdeman Erhard MN 56534 946635372 County Highway 339000280241002 H Dean & Delores Jorgenson Pelican Rapids MN 56572 761939000280241003 Daren & Amy Tollefson 20586 380th St Fargo ND 58104 730823 Briarwood PI39000280241004 Joel A Jorgenson Moorhead MN 56560 321639000280241005 Joan & Olaf Bommen 527 Appletree Ln Erhard MN 56534 0046PO Box 4639000280242002 Ripleys Investments LLC Erhard MN 56534 946635559 County Highway 339000290244003 Dustin D & Katie J Oster Erhard MN 56534 946635355 County Highway 339000290248000 Mackenzie A & Kristina Mckeag Fergus Falls MN 56537 44161820 Deer Valley RdAttn Van R Ellig39000290248003 Van R Ellig Rev Tst Page 1 of 1Thursdav. Julv 30. 2020 Buffer Mail City, State, ZipAddress i Address 2Name Joan & Olaf Bommen Moorhead MN 56560 3216527 Appletree Ln Thomas C Holdeman Erhard MN 56534 946635066 County Highway 3 H Dean & Delores Jorgenson Erhard MN 56534 946635372 County Highway 3 Joel A Jorgenson 23 Briarwood PI Fargo ND 58104 7308 Mackenzie A & Kristina Mckeag 35355 County Highway 3 Erhard MN 56534 9466 Dustin D & Katie J Oster Erhard MN 56534 946635559 County Highway 3 Ripleys Investments LLC Erhard MN 56534 0046PO Box 46 Daren & Amy Tollefson Pelican Rapids MN 56572 761920586 380th St Van R Ellig RevTst Fergus Falls MN 56537 44161820 Deer Valley Rd Wm E Bredehoft Et Al Weaverville CA 96093 1435PO Box 1435 Thursday, July 30, 2020 Page 1 of 1 PAGE 1 OP 1 SRV-IBOtM DEAN X)RGFNSON TrustCompass.com /f^J '.i-V r -^. ■ mri^I •3-.: msmem....: m \ / / //I // I/S' KOM prt I I Marsha Bowman Jack Rosenthal <jack.rosenthal@trustcompass.com> Thursday, July 23, 2020 10:29 AM Marsha Bowman rockin1@prtel.com Additional Variance Info proposed septic area for variance application.pdf; 2020 Submittal Final.pdf From: Sent: To: Cc: Subject: Attachments: Marsha, Dean will have a soils evaluation done on site and if necessary an updated map made. The soil evaluation report should be provided to the office and Board of Adjustment as well. Additional Variance Language update As a result of the water levels Dean is also requesting a variance septic areas to be allowed no closer than 42 feet from the current ordinary high water determination location. Thank you, Jack Rosenthal, PLS Survey Department Manager Licensed in MN, ND and SD Phone: 218.850.0207 Email: Jack, Rosenthal@trustcompass.com Address: 155 2nd Street SW Perham, MN 56573 1 PART OF GOVT LOT 5. SECTION 28, T.135N., R.42W., OTTER TAIL COUNTY, MN n '' > ; hiw:I ^aUmUJr PfK)POSEO SEWER SITES-SK NOTES\ ' '4lrA SEPTIC NOTES THE PROPOSED SEPTIC SITES ME 5^000 SI.AS SHOm OH THB MM A SOL EWUMTXMMl BE REQUIRED 70 OETERMNE F 7TCT ME»5UmO£ A VAMWCe WOULD BE REOURED^1 ' Hi« •F-i- I f/2' PON ppe 1iiI IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 131225s> Other Impervious Surface Lot Area (ft^): Bui Existing Proposed Existing Proposed /^Tt2Ft2Ft2Ft2 13 C ^Dwelling Deck(s) I77 6Attached Garage Patio(s) Detached Garage / JST3C Sidewalk(s)70^storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft2 Ft2 Ft2 Ft2Total Buildings M,n2.100+-5-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft2 Ft2 Ft2 Ft2 \ji^ 100+-r =X LR: Online Pemiitting Foms 2016: Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s) Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft2 Ft2 Ft2 Maximum Allowable 260 Ft^ + LR: Online Penmitting Fonns 2016: Impervious Surface Calculation SIZ 04-11-2016 Signature:Date: