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HomeMy WebLinkAbout09000990197000_Variances_10-13-2008Variances Barcode 128 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 ■^--DeSutVbyt^Tecordingfe^/ 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 fr^70 — Receipt Number . | Accepted By / Datex^^^ Application Fee COMPLETE THIS APPLICATION IN BLACK INK DAYTIME PHONE ?■ fa-lk^ Sit-^37 /t>ii a/. LAKE CLASS _______ Fa/' L i, i PROPERTY OWNER f/i -td br, <f i_.MAILING ADDRE 'r-'■f MA MALAKE NUMBER LAKE NAME RANGE PV/ TOWNSHIP NAME//5TOWNSHIP _ PARCEL‘S NUMBER B O^POO 1^0\ ^1^00 ! SECTION E-911 ADDRESS LEGAL DESCRIPTION ^ 0 '^oto <^<^0 i <inooo ?a/c<! qzooi F.'bcScr/)>Fo/'\^aca/'x 3. 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. /^// Oi S>dit d ■I’lu I d l\ I /'XcdSep/Jce d 'do /O //. J (I /d i <- id- . /as //.b fit y cu .A d?<- Z V f/' ^ i /~Ai A , // ht- i^t/d SeddeicK hos i> dke /^a/ h^pd. uf djcoldk - / Cp ‘^PF/h i ro\/ c.T0-/1D i-i 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) / -i-k-c. ^or -Ik "TIix^ V/1. Son,-^k tf. "Pcck 'kk ISM-tc^k- khr. ^Oi^kk ‘7S'.oo r/^-kiqiAA. I 1 (^‘l.OD Act^-k 'kJla/ciff'. A^d C 1. OD ^Ou_-kk\. 5^- A^^~k oA /./ A L, LJ A, A>0>^kk. C .60 A^ Bjock^ Cf kfc'^A ^Jbck( if I <i X c«^/> d /-4 c.B/od( C ^ £.x Ct.f> Atu/ ■khnr^.J-^ /. X.f^ AC XCCjp/ of AoA If ^ /^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. IP STREETBROADNAY <s (300‘ PLAT^ Na^’2&'44"E 3CX).<^7-tSm .........f ii*50.16 C50‘ PLAT7 50.16 CSO' PLAT) 50.16 {50‘ PLAT)VP- j^/Oper-l^ ■fWo. 0-^ -fircu/vs(^r^ {o IS mc >I' A‘JZ 'f '>!'oySOO‘27'24"E ..: 4.00 .*7SO. 16 S&<=^*27'55‘‘N 50.!^ •••■ Sd^'27'55‘‘H X u.i?8- N0O^27iS^*N-'^ 25.00 •'••.—■■■CN- 5N / C/ / 81 S&^^'55"N / Nhi <N mKHOUSE 9f£ PeTAJL8 iKPECKM K /o V§IO' 0N^ NOO-2724"N ...■■■■■£>.00 6SN6 5:I \ :5dr2Z!M"w \oo.3\ ....(\bO‘ PLAT) 150.46%■.!t:-.-6.oo ('50' PLAT)^ \# IQ03I t (KXr PLAT) I 5015 S9T27''55"W 300.92 ■■ (300' PLAT) ^ +-••••••*ALLEY N69'26'46"E 50.13 (50‘ PLAT) NdT29'02"E 150.51 (IBO‘ PLAT) N69'26'46"E 100.26 (too' PLAT) >4 .QiO L.LA r \i2\ 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. /inch(es) equals ^O feetScale:,.grid(s) equals feet, or. /OMPCA LICENSE *:An<J FIRM NAME:5f/l^/jii yM f~^PAl4;A U/'- 7/x. ______ DESIGNED BY:u LICENSE CATEGORY: 9-jv-gr QMo j:) DATE: ADDRESS:SIGNATURE: /rp-/\S O !\ HliA;i 6‘ 'L U ty / ! A \vt f ^..i 3<^r 315,904 • Victor LuOdMn Co.. Primer* •- Fergus Fells, MN • 1-800-346-4870BK » 1003 — 029 L A/n/ti' ii 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 /6> 11~02~04 Mbowman forms-apps waiver 60 day rule