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HomeMy WebLinkAbout09000990198001_Variances_10-13-2008Variances Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify this instrument #__------l------------- was fiied/recorded iri this office for record on the / < dav of 2008 at /Q:op ajn^m Wendy L. Metcalf, County R 1048052 der ^---OeSutVbyt U^rlecordmg feO^ ^ weli certifi(^^ i.' 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 Receipt Number . ^ Accepted By / Date>^^^^^ Application Fee COMPLETE THIS APPLICATION IN BLACK INK CD R. i 0^ /60. )> i ^ L,LC • d hirtdhc, Ma.d DAYTIME PHONEt nn,'i ri/1PROPERTY.OWNER f ____LAKE CLASS fa-tk ^ftMAILING ADDRE Y- MALAKE NUMBER LAKE NAME /j !c^/3Z RANGE TOWNSHIPNAMETOWNSHIP__ PARCEL^' 000 NUMBER B ■ O^iPOO fS QQ I SECTION A'IM dM A ASE-911 ___ADDRESS LEGAL DESCRIPTION 4 0 ‘is 60 / ^~]oe>o ^ (?6f BacA,6 TYPE OF VARIANCE REQUESTED (Please Check) Structure Size___ Sewage System SubdivisionStructure Setback Misc.Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. •f-ic. \ U) ‘ ^ ^ ,Da.,A /* ■-djct, i -^o /O //. J>^^p<r4c^ J- 1 S 7^ /> Sep<X e)a./ei S //■A:i>uo, A z h;.'/ Y /V. 1 b Imt.. ,A i A I- ^t// Se/4>eicdC /)£ti i> AJ^I hcp4. of - 'id.& /^ / O'A'/' .1/^PFro\/ c.d loi A s Fkt- 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 & RESOURCE MANAGEMENT REGARDING THIS MATTER. j/. ^A 3nAA^ A ^ F D/A' t^s)/oh^ /os' SIGNATURE OF PROPERTY OWNER / AGENT FOR 0>§^ER C ~ bATEdlS. APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) -A A •c. A4 -^kx.rt.e^ a^c/ 'T^x- A -ikt, £o^ki\ L.D6 ■Pcc'^ A/( /cd-^ ^ ^ ^ 0 z' ! A/a"/ /./V 4,/ ' A./ ^ if^ Blocl(^ (f S. ^fcrih 2S.I, A^-f- ‘f- 'ghct^ i, ^L_ /J<if^l\ 1,7.00 At A T^J^^/'tO'f: L 7. ^Ou.-kk ^O.Oo A«^A y(^/- ^-70 <si/i J k4c. t^7<. C<^f> dlotiK C ^ e,xCti/> /. X-f-t- oXXCxp/ 75'. 0 0 7 o(S^ pmDate Of Hearing Time Motion Black Ridge Holding LLC - Approved the variance application as requested. (7:25 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimousiy carried, to approve the variance application as requested noting the ietters from the Minnesota Department of Pubiic Health, the Carlisle Community Hall Association and from Roif and Brenda Sue Ronnevik. Chairman/Otter Tail County Board of Adjustnnent Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) 'Mu&O /f/fo/oSjNo Copy of Application Maiied to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company. Fergus Falls, Minnesota November 6, 2008 Page # 3 William A. Slabich - Denied (7:10 p.m.) WilliaiTi 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 polied 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 level 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: Aliow an existing sign to be relocated. Being 60’ from the center iine 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. October 14. 2008 Otter Tail County Land and Resource Management 540 West Fir Avenue Fergus Falls, MN 56537 Re: Drain Field Set Back Requirement for 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 / 5^day of A<l^i CARLISLE COMMUNITY HALL ASSOCIATION 2008.j By. Its President aJUAnd Its Secretary Page 1 of 1 Dei 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 ;I M I N N E S 0 T A i " ■ ocrIDEPARTMENTofHEAITH ZiProtecting, maintaining and improving the health of all Minnesotans cOOst IJuly 10, 2008 Refer to: TN 4307 I; 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 Deaf 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 iby rule. r 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. I 1 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. V 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 proper^; 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 • An equal opportunity employer !y healthJstate.mn.usWWW. i 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 \vell. 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. Gmgel 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 constmction 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 (Mirmesota 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 Minnesota 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 DWJAG: dg cc: Otter Tail County Land and Resource Management ; l^oiseiA BROADNAT STREET <a pW®: =(300‘ plat;N6‘i‘2a '4a/“e ado. a?- ■5 LLC o 7T^50. ('5^' pi>ir^ 50. !& C5o‘ plat; 50.!£> C50' plat; -fW-Q. 0^ iett^ -irYcu/ys>Qj/f^ {o 15 mj 4 >I/?9^/ 4r—C>'f ^olc!Si /SOO‘27‘24"E ,: 4.00 ,U34^ SOJ£> Sa4‘27'55''N 50. ■•■■ Sd^'27'5fj"W < <n4 ■< iV “■ov8N0O*27^36^H-^ 25.00 •'••.■•••• ■■i.P ^5!• s /!•f Jjc C/ /-7 8\*27'55* 537/2“ 7'55’Wsa'?/Cls;UjiCNIinKHOUSE see oerAjL N8 CNtNDECKSN /V§v7mcr>0K^ NOO'27'24"N ...■■■.■■■6.00 ' \SN e,■2: Sa^-2755^N 100.31 ....050' plat; 150.^ ■Z £(50' PLAT)..■.■..6.00 \ :......50.15 36T27‘55''H 300.^2 ■■ C300’ plat; 100.31 (locy PiAT)*.• »ALLEY A N6^'26'26"E 50.13 Cso' plat; NaT2T02"E 150.51 050' plat; N3T26'A6“E 100.26 (loo' plat;%S., ni r\2^!EOL.\.2K..yl \ t2\ \ ■X AtSystem 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.-lf there are any questions, see the University of Minnesota Site Evaluation worksheets. /_inch{es) equals feetgrid(s) equalsScale:,feet, or /6MPCA LICENSE #: DESIGNED BY;tt LICENSE CATEGORY:■^hcl QMo UjP-FIRM NAMEi^n^-iji-iH-lA IV1 .DATE:- ADDRESS:SIGNATURE:V\//trk4rl M-\ i ;r !iS<^; :•tt IT I 4!i L 1 U: I {b ft I I I : ; i -i f; I [:T \f.tT I”/ ;• T .!r ;J Irr- ■ r-T-T ilKr r - | [t 1 T -i -- -.-y !-t-rl-y;■I f Hlz±T-^rt.rt:m ——'"■p” i |-rn 'T:- |b'k- 1003 — 023 T r ’ ‘1 '\J :• Vici'or LmdevnlCo,, Piimatt' •, Fargui Falrs,"MN' •'>'^00-346-4070 T~rT7i -|-4- ^ —,—, j.^ ^ -------------j 7~r 315.9 T a//3/0 S'