HomeMy WebLinkAbout09000990197000_Variances_10-13-2008Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify tha^ 04805'’
this instrument #____________
was filed/recorded iri this office for record on the / ^
n 2008at /0-D
Wendy L. Metcaif, County R^i^der
1048052 day of (^r^m
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1 well certified
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
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Receipt Number . |
Accepted By / Datex^^^
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK
DAYTIME PHONE
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LAKE CLASS _______
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PROPERTY OWNER
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Size___Sewage System Subdivision Misc.ClusterStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
/o /n /o^RESOURCE MANAGEMENT REGARDING THIS MATTER. ,, ■/
SIGNATURE OF PROPERTY OWNER / AGENT FOR OV^ER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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/^0\)-ekAk3€i^ k>PrnTimeDate Of Hearing
Motion
Black Ridge Holding LLC - Approved the variance appiication as requested. (7:25 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve the
variance application as requested noting the letters from the Minnesota Department of Public Health, the Carlisle Community Hall
Association and from Rolf and Brenda Sue Ronnevik.
Chairman/Otter Tail County Board of Adjustnient
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
'Mmt> /i/io/o2)No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
November 6, 2008
Page a 3
William A. Slabich - Denied (7:10 p.m.)
William A. Slabich, Government Lot 15, Section 18 of Star Lake Township by North Long Lake requested the
following: Due to property being a peninsula I need to decrease setback to facilitate a small cabin. Proposing to
construct a 24' by 24' dwelling with enclosed porch. The structure will be approximately 63’ from the lake on the east
and west and approximately 92.5’ from the lake on the North. Dee Kennedy represented the applicant at the public
hearing. The audience was polled with Eric Boe expressing concerns with access to this parcel and with Larry Miller
asking questions about the proposal. After consideration and discussion, Steve Schierer made a motion, second by
Michael Harris and unanimously carried, to deny the variance application as requested noting that the variance as
requested is a substantial variation from the requirements of the ordinance, that there are no other structures on this
lake that close to the ordinary high water level, there is no legal location to place a septic system and if the variance
as requested had been approved there would be an adverse effect on government services as there is no adequate
access to this property for emergency vehicles.
Black Ridge Holding LLC - Approved the variance application as requested. (7:25 p.m.)
Black Ridge Holding, LLC and Dennis and Dorothy Madsen, part of Lots 4, 5 and 6, Block 6 of Carlisle, requested the
following: Need to install a drain field and septic tank within 10’ of property line. Drain field will be 2’ at closest point.
Septic tank will be 4’ at closest point. Well setback has been approved by the Minnesota Department of Public
Health. Bruce Fuhrman represented the applicant at the public hearing. The audience was polled with no one
speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a
motion, second by Joe Maske and unanimously carried, to approve the variance application as requested noting the
letters from the Minnesota Department of Public Health, the Carlisle Community Hall Association and from Rolf and
Brenda Sue Ronnevik.
Jeff and Susan Jenson - Approved the variance application as requested with a condition. (7:28 p.m.)
Jeff and Susan Jenson, Lot 1 Pleasant View Beach and part of Government Lot 2, Section 21 of Otter Tail Township
by Otter Tail Lake requested the following: Requesting a variance to construct an addition (to an existing cabin) that is
7T 8” from ordinary high water level. This would be a variance of 3 to 4’ from the required ordinary high water level
setback of 75’. The existing cabin will be remodeled to match the new addition but will retain its existing footprint and
volume. All new addition will be at the rear of the existing cabin. The audience was polled with no one speaking for or
against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by
Paul Larson and unanimously carried, to approve a variance to construct an addition (to an existing cabin) that is 7T
8” from ordinary high water ievel with the condition that no more than 25% of the total eligible lot area can be covered
with impervious surfaces. It was noted that the addition will be behind the existing structure and there will be no roof
line change to the existing structure.
Maple Leaf Resort - Approved the variance application as requested. (7:35 p.m.)
Maple Leaf Resort, part of Government Lots 2 and 3, Section 29 of Maine Township by West Lost Lake requested the
following: Allow an existing sign to be relocated. Being 60’ from the center line of County Highway 35 and being less
than 20’ from road right-of-way as required and allow said sign to be moved with its existing size. The audience was
polled with Glenn Lord speaking for the variance as requested. A letter from the Otter Tail County Highway
Department indicating no objections to the proposed sign location was read for the record. After consideration and
discussion, Michael Harris made a motion, second by Carl Zick and unanimously carried, to approve the relocation of
an existing sign as described in the variance application dated October 13, 2008 and as depicted in the
drawing/pictures submitted with the application. It was noted that proposed location will place the sign out of the road
right-of-way.
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Systerr^ design must be to scale and must include the proposed location of the sewage system, all
"existing/proposed buildings, property lines, the ordinary high water level of the water body, wetlands,
bluff and all water wells within 150' of the sewage system. If there are any questions, see the University
of Minnesota Site Evaluation worksheets.
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Page 1 of 1
Del D. Jose
From:"Del D. Jose" <del@998home.com>
"Rolf & Sue Ronnevik" <rolfnsue@bradcowisp.com>
Friday, June 20, 2008 9:32 AM
Re: 27898 Carlisle Road
To;
Sent:
Subject:
Thank you. Appreciate it.
Del Jose
-----Original Message-----
From: Rolf & Sue Ronnevik
To; Del D. Jose
Sent: Thursday, June 19, 2008 12:44 PM
Subject: Re: 27898 Carlisle Road
We give you permission to place the drain field within 2 feet of our property.
Rolf and Brenda Sue Ronnevik
— Original Message —
From; Del D. Jose
To: rolfnsue@bradcowisp.com >
Sent: Thursday, June 19, 2008 11:48 AM
Subject: 27898 Carlisle Road
Rolf Ronnevik
27753 County Highway 21
Fergus Falls, MN 56537
218-736-6605
Rolf - Mn Department of Health is reviewing a variance application regarding placement of a drainfield on this
property within it's current property lines. In order to stay within the property lines and also meet their
approval for setbacks from the well, we need permission to come within 2 feet of your adjoining property to
the north with the drainfield. This you your parcel 09000990199000. We appreciate your consideration and
approval to do this. All work will be professionally completed by Stadum Plumbing.
If you can respond to this email, we will fonward to MDH. Thanks.
Del Jose
9/12/2008
October 14, 2008
Otter Tail County Land and Resource
Management
540 West Fir Avenue
Fergus Falls, MN 56537
Re: Drain Field Set Back Requirementfor Property Being Purchased on Contract
for Deed by Black Ridge Holdings, LLC, from Dennis and Dorothy Madsen
TO WHOM IT MAY CONCERN:
Carlisle Community Hall Association, by its undersigned officer(s), hereby consents
to placement of a septic tank and/or drain field on property owned by Dennis Madsen and
Dorothy Madsen and being sold on a Contract for Deed to Black Ridge Holdings, LLC, so
as to be less than 10 feet from the property line separating the land owned by Carlisle
Community Hall Association from the land owned by the Madsens and being sold to Black
Ridge Holdings, LLC.
The undersigned does further hereby certify that the foregoing was approved by a
resolution of the Board of Directors of Carlisle Community Hall Association adopted on the /S^day of A-tu^ii j$T . 2008.
CARLISLE COMMUNITY HALL ASSOCIATION
Its President
/V^And
Its Secretary
\
r.r
I M I N N E S 0 T A I
MDH ocrIDEPARTMENTofHEALTHI
3iProtecting, maintaining and improving the health of all Minnesotans
July 10, 2008
9^Refer to: TN 4307
Mr. Allan Stadum
Stadum Plumbing and Gravel
712 Main Street
Erhard, Minnesota 56534
Mr. Bruce Fuhrman
Black Ridge Holdings, Inc.
1006 Frontier Drive
Fergus Falls, Minnesota 56537
Dear Mr. Stadum and Mr. Fuhrman
Subject: Variance from Minnesota Rules, Chapter 4725, for Installation of an Individual Sewage
Treatment System (ISTS) on the Bruce Fuhrman Property at 27898 Carlisle Road,
Located in the NE 14 of the NW 14 of Section 2, Township 133 North, Range 44 West,
Carlisle Township. Otter Tail County, Minnesota______________________________
This letter is in response to your request for a variance from Minnesota Rules, Chapter 4725, to
install an ISTS soil dispersal area (drainfield) on the subject property, 40 feet from the existing
water-supply well located on the subject property.
Minnesota Rules Chapter 4725.4450, subpart 1, item E requires that a water-supply well must be
located at least 50 feet from a subsurface disposal field (drainfield). Minnesota Statutes,
section 1031.205, subdivision 6 requires that a person may not place, construct, or install, an
actual or potential source of contamination any closer to a well than the isolation distances
prescribed by the commissioner of health by rule unless a variance has been prescribed by rule.
Mr. Jeffrey Grugel of the Minnesota Department of Health (MDH) Fergus Falls district
office met with Mr. Allan Stadum of Stadum Plumbing and Gravel on the subject site
on December 31, 2007. Mr. Stadum told Mr. Grugel that the existing sewage disposal system
had failed. Mr. Grugel reported that there is no location on this property for an ISTS drainfield
that would satisfy all required isolation distances. Mr. Grugel also reported that the existing
sewage disposal system on the subject property would be taken out of service when the new
sewage treatment system is installed.
The construction record for the well, Minnesota Unique Well Number 197765, indicates that the
well is 215 feet deep, with 206 feet of 5-inch diameter plastic casing, and penetrates a clay
confining layer which extends from the ground surface to a depth of 80 feet. The construction
record also indicates that the well is grouted with bentonite grout from 10 to 45 feet below the
ground surface.
Based on the results of the inspection, information provided by you, and in accordance with
Minnesota Rules, Chapter 4725, your request for a variance is granted to install an ISTS
drainfield no closer than 40 feet from the water-supply well on the subject property. The
variance is granted because there is no location on the subject property to install a drainfield in
compliance with all required isolation distances.
General Information: 651-201-5000 • Toll-free: 888-345-0823 • TTY: 651-201-5797 •www.health.state.mn.us
An equal opportunity employer
Mr. Allan Stadum
Mr. Bruce Fuhrman
Page 2
July 10, 2008
The proposed drainfield location in the northeast comer of the subject property appears to
provide the greatest available setback from the well. The presence of a significant clay confining
layer should provide additional protection for the well.
The variance is granted with the following conditions:
1. You must contact Mr. Grugel at 218/332-5148 at least24 hours prior to beginning installation
of the ISTS drainfield so that an inspector may be present during this work.
2. The installation and operation of the proposed ISTS must be in accordance with all state and
local permitting and construction requirements.
3. Any new buried sewer pipe must be located no closer than 20 feet from a well. Buried sewer
pipe which will be less than 50 feet from a well must meet the materials and pressure testing
specifications of Minnesota Rules, parts 4715.0530 and 4715.2820 (Minnesota Plumbing
Code).
4. The existing sewage disposal system on the subject property must be permanently removed
from service in accordance with applicable state and local requirements. All solid and liquid
contents of the system must be removed and properly disposed. All nonwatertight tanks,
including cesspools, seepage tanks, and leaching pits, must be removed, together with any
visibly contaminated soil. Any watertight septic tank located less than 50 feet from a well
must be removed, filled with clean fill, or crushed. The excavation must be filled with clean
fill.
5. All other provisions of Minnesota Rules, Chapter 4725, are in effect.
This variance applies only to the provisions of Minnesota Rules, Chapter 4725. The proposed
Individual Sewage Treatment System (ISTS) construction may also require one or more
variances from Otter Tail County for deviation(s) from the provisions of Mirmesota Rules,
Chapter 7080.
Alternative measures or conditions to a variance have the force of law and effect of applicable
rule. If a party violates the alternative measures or conditions attached to the variance, the party is
subject to enforcement and penalties provided in the applicable law or rule.
This variance is conditioned upon the applicable acceptance of and compliance with the
conditions of the variance. Failure by the applicant to comply with.the conditions prescribed in
the variance will result in the immediate expiration of the variance. ^
Mr. Allan Stadum
Mr. Bruce Fuhrman
Page 3
July 10, 2008
If you have any questions, please contact Mr. Grugel at 218/332-5148 or Mr. Ed Schneider at
651/201-4595.
Sincerely,
Daniel Wilson, Manager
Well Management Section
Environmental Health Division
P.O. Box 64975
St. Paul, Minnesota 55164-0975
DW:JAG: dg
cc: Otter Tail County Land and Resource Management
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 FirAve W
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern;
Dennis and Dorothy MadsenBlack Ridge Holdings, LLC
1006 Frontier Drive
Fergus Falls, MN 56537
has 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 and/or the Subdivision Controls Ordinance. The
Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, November 6, 2008 at 7:00 p.m.,
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance located on the northeasterly side of the Government Services Center. The second left off FirAve.) Individuals
requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
part of Lots 4, 5 and 6 Block 6 - Carlisle
Property Address -
Section 2, Township 133, Range 44 - Township Name - Carlisle
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is -
the following: Need to install a drain field and septic tank within 10’ of property line. Drain field will be 2’ at closest point. Septic
tank will be 4’ at closest point. Well setback has been approved by the Minnesota Department of Public Health.
‘Wayne Stein
Board of Adjustment Secretary
Date: October 17, 2008
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 20th, day of October, 2008 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Black Ridge Holdings, LLC, 1006 Frontier Drive, Fergus Falls, MN 56537 <
Peter FJestad, Twp Clerk of Carlisle, 26563 130*'' Ave, Fergus Falls, MN 56537
Dennis and Dorothy Madsen, 1006 Frontier Dr, Fergus Falls, MN 56537
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Joe Maske, 14833 Lake Olaf Rd S, 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, property addressed to each of theJndividuals
listed above and/or listed in the attachment.
Dated: October 20th, 2008
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
ARTHUR & JEANETTE AMUNDSON
DECEASED
ROCHELLE A BARTELS BLACK RIDGE HOLDINGS LLC
1006 FRONTIER DR
FERGUS FALLS MN 56537 1023PO BOX 373
FERGUS FALLS MN 56538 0373
CARLISLE COMMUNITY HALL ASSN
ATTN HANS A RONNEVIK
27753 COUNTY HIGHWAY 21
FERGUS FALLS MN 56537 7137
JESS WGILJE
14427 CARLISLE DR
FERGUS FALLS MN 56537 7150
CARA HOUGHT
14857 COUNTY HIGHWAY 10
ELIZABETH MN 56533 9502
RENEE S MARCELLUS
11341 CAMELOT ESTATES DR
GULFPORT MS 39503 3679
STEWART & JOYCE OLLILA
27918 COUNTY HIGHWAY 88
FERGUS FALLS MN 56537 7152
ALLEN K LEABO
14418 CARLISLE DR
FERGUS FALLS MN 56537 7150
HANS A RONNEVIK ET AL
28768 COUNTY HIGHWAY 21
FERGUS FALLS MN 56537 7145
BRENDA SUE RONNEVIK
27753 COUNTY HIGHWAY 21
FERGUS FALLS MN 56537 7137
STEWART J & JOYCE A OLLILA
27918 COUNTY HIGHWAY 88
FERGUS FALLS MN 56537 7152
TROY M & SUSAN L ULSCHMID
14371 CARLISLE DR
FERGUS FALLS MN 56537 7150
ZACHARY TELL
14407 CARLISLE DR
FERGUS FALLS MN 56537 7150
JOHN SETHRE
28118 COUNTY HIGHWAY 88
FERGUS FALLS MN 56537 7146
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
/ sy )
Application
. As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Applicatiop(s).
A//?/o^
property/project (Tax Parcel # o^coo‘i‘ioi^'^t)0 \
described in my
dated
[jo. / i a AC
try.PROPERTY OWNER /
fi.
tlAT^D
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11~02~04
Mbowman forms-apps waiver 60 day rule