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HomeMy WebLinkAbout12000300197005_Variances_10-13-2022_|jp£t^S-20^ ^1284079Date Received LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/21/2022 02t21 PM _________FFF. dA nn_________ r.i L&R Initial ■Kj2:* PAGES / WELL CERTIFICATE REC'D; N 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.ottertailcountymn.us Application Fee ^ 0 OD Receipt Number 'i/t) O^D Re viewed/Accepted By / Date ^ ''1 DAYTiME PHONE 218-849-0536Randy JohnsonPROPERTY OWNER fefhttw) Mi45574 N. Little Pine RoadMAILING ADDRESS JqCJij>(Z/IA//t/:!(■]nf\andiVeojyui. 56-142 lake NAME ^E-MAIL ADDRESS GD.LAKE CLASS _ Corliss LAKE NUMBER _ SECTION TOWNSHIP .RANGE TOWNSHIP NAME137 E-911 .ADDRESS PARCEL NUMBER 45574 N. Little Pine Road12000300197005 LEGAL DESCRIPTIONpart of Government Lot 3 on the northerly shoreline of Little Pine Lake IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER TAIL COUNTY ORDINANCE (Please Check) CUshoreland Management Ordinance EH Sanitation Code ^Subdivision Controls Ordinance SECTION(S) OF ORDINANCE(S): j|l______ EHRenewable Energy Ordinance EH Other_______________ Attached Subsurface Sewage Treatment System Compliance Inspection EH No septic system on property Inspection Date: M-^tulovs/ LoruL 111^ fhvA/| khtih Ub/ fVW 5^oj Inc.I Page 2 Property Owner Parcel Number I ^tilff ^7) 01Q 7 COfi SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST: To subidivde a approximate 30,000 sq. ft., more or less tract of land by Certificate of Survey to be accessed by a proposed 33.00' wide driveway easement. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE IvkNAGEMENT REGARDING THIS MATTER. signSjure of f«RTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY Date Of Board of Adjustment Hearing Motion Time Randy Johnson -Variance Application Approved with condition (6:02 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to create a 30,000 (more or less) square foot lot with 125 feet of lot width, with the condition that the access easement is properly recorded. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings 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. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027. hairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) A No IdI III iR Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. Director0Tr£8ltflll 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:Randy Johnson Address/Parcel No. 45574 Little Pine Rd. N / 12000300197005 Requested Variance: To subdivide approximately 30.000 sq. ft., more or less tract of land by Certificate of Survey to be accessed bv a proposed 33.00' wide driveway easement._____________________________ __________________________ Otter Tail County Ordinance: □ Shoreland Mgmt. □ Sanitation. X Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section III A variance may be granted only where the strict enfarcement 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: Indicated that the homestead has been here for the oast 30 plus years due to the platting procedure it is required to build a road with a 66' wide right of wav. The existing driveway access is only 50' wide so too narrow to accommodate the required 66' wide rieht-of-wav that is required bv wav of platting. Otter Tail County Board of Adjustment - Variance Question Findings ■:> 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The land use ordinance allows property owners to develop and improve their property. 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... □ No, the property owner is NOT proposing to use the property in a reasonable manner... because:... Proposed subdivided tract of land with similar structures and land uses. 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 topography of the land restricts the suitable area for use being considered, the road width, there is the issue of 50' frontage and road access. 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: There are similar land use patterns and use of property in the vicinity of the 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: The need to subdivide. The Otter.Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES Complete and attach Affer-the-Fact Addendum if this is an After-The-Fact variance request. *ii(ic&etd*DMaAaDATED: October 13;> 2022 Board of Adjustment Chair ■'1=' ■ 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. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, October 13,2022 The Otter Tail County Board of Adjustment Members convened on October 13,2022, at 6:00 p.m. at the Government Services Center. The meeting was held in person and via Microsoft Teams. The following persons were in attendance: Rick Wilson Rick West Darren Newville Michael Donoho Thomas Lee Terry Marthaler Absent - Mark Johnson Kyle Westergard, Assistant Director, Land & Resource Management Ben Olson, Assistant County Attorney Called to Order Michael Donoho, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - Rick West made a motion, seconded by Terry Marthaler to approve the September 8, 2022, Meeting Minutes. The Board of Adjustment considered the following application(s) for variance: Randy Johnson -Variance Application Approved with condition (6:02 p.m.) Randy Johnson, Pt of GL 3 on the Northerly Shoreline of Little Pine Lake, Little Pine Lake (56-142) in Corliss Township requested the following: To subdivide approximately 30,000 sq. ft., more or less tract of land by Certificate of Survey to be accessed by a proposed 33.00’ wide driveway easement. Randy Johnson, property owner and Josh Pfetter. Meadow land Surveying represented the variance application. An email was submitted by Matthew Yavarow. Otter Tail County Highway Department indicating that he has reviewed the application and has no comment. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to create a 30,000 (more or less) square foot lot with 125 feet of lot w idth, w ith the condition that the access easement is properly recorded. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed and the Board’s findings have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027. Alex Jon Samuelson -Variance Application Approved as Requested (6:10 p.m.) Alex Jon Samuelson. Pt of GL 3 Com El 4 Cor Section 17. Dayton Hollow Res (56-824) in Buse Township requested the following: Would like to build a pole building on the existing cement foundation on my property . This cement slab is 15' from the property line stake near the water and approximately 86' from the water. It also falls 21.5’ from the road easement. Requesting to be approximately 86’ from OHWL. Required is 200’. Alex Jon Samuelson & Christel Samuelson. property owners, represented the variance application. An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating that he has reviewed the application and has no comment. Brian Malchert submitted an email in support of the variance as requested. Tim Berg spoke in support of the variance requested. After consideration and discussion. Darren New ville made a motion, seconded by Thomas Lee and carried to approve the variance to construct a pole building on the existing cement foundation being approximately 86 feet from the ordinary high-water level. Board of Adjustment October 13, 2022 Page I 1 STAFF REPORT Randy JohnsonAPPLICANT: APPLICATION: To subdivide approximately 30,000 sq. ft., more or less tract of land by Certificate of Survey to be accessed by a proposed 33.00' wide driveway easement. STAFF WHO COMPLETED REPORT: Amy Busko IITTLE PINE PQX Is Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 9, Subp. 10 All subdivisions that create either five or more lots that are less than 5.0 acres, or parcels that are less than 2-1/2 acres in size, shall be processed as a plat in accordance with Minnesota Statute §505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after October 15, 1971 unless the lot was previously approved as part of a formal subdivision. Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3, Subp. 11 (C) of the Shoreland Management Ordinance. -..t t'i 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: Randy Johnson 45574 N Little Pine Rd Perham MN 56573 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, October 13, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. -12000300197005 Pt of GL 3 on the Northerly Shoreline of Little Pine Lake Section 30, Township 137, Range 38 Township Name - Corliss Little Pine Lake (56-142), General Development (GD) 45574 N. Little Pine Rd., Perham MN 56573 Lake Name/Number/Class: Property Address: The variance requested is the following: To subdivide approximately 30,000 sq. ft, more or less tract of land by Certificate of Survey to be accessed by a proposed 33.00’ wide driveway easement Amy Ifnsko Board of Adjustment Secretary September 28, 2022 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 : Tuesday, August 30, 2022 10:56:27 AM - Otter Tail County otter Tail County " Land & Resource Management Impervious Surface Worksheet Existing OTTER TAIL <. i ««'Y Page 1 ‘-l5y7H fo. UHit.PIN i3t>0£>3g>fci 97063"Property Address Property Area (from GIS of Survey)Square Footage of Lot Acres x 43,560 3}S,£>ooV-A1 ft"Acres Total Area Allowed for Impervious Surface At X .25 Total Area AHowed for BuMirtgs At X.20A27^ 75b A3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total Impervious SurfaceDescriptionAreaDescriptionArea Lb*IU,1395b ^Dwelling and Attached Garage B1Driveway/Parking area(s)Total ImperviouS'Buildings ft"ft"C1Detached Garage Patio/Sidewalk /S95~DTotal Impervious-Other Total Impervious Surface B1 +C1 ft"D1Shed(s)Retaining wall(s) Total Percent br^rvious (01 ♦ A1)x too 7%ft"ElMiscellaneousLandscaping ft"i:iS'Recreational Camping Unit Deck(s) Allowable Total Area Remaining A2-D1 su,wft"ft"Water Oriented Accessory Structure Other B1 Cl Project being requested:Total Impervious-Buildings Total Impervious-Other Accessory structures less than or equal to 120 sq ft _ without a permit. This exemption only applies to items LJ not located in the Shore Impact Zor>e, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (Bt* At)x100 Reviewed by L&R Q El Greater than 15%; Exemption Not Alknved Int:Date:B2 y>,p Q E1 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft This Q] exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building AreaRemaining A3-B1 B3 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agriculture. Urban.Tributary Rtvers)^,- 75 ft (Transition Rivers) ^ ' l00ft(NE Lakes) Lake Classification n ^ore Impact Zone Area SI xS2S2 S3 ft"ftAverage lot vhdth in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 S4 ft" List all structure footprints in ths Shore Impact Zona List all other Impervious surfaces In the Shore Impact Zone Total Impervious Surface [>eacriptlon Area Description Area ft" ft"S5 ft"Building(s) Palio/Sidewalk Buildings ft" ft"S6 ft"Oeck(s)Other Total Impervious Sur^e S5 + S6 ft"ft"S7 ft"Landscapir>g/retainging w^l(s) Total Percent Impervious (S7+ S3) X 100 ft" ft"Driveway/Parking area(s) ft" ft"Miscellaneous Allowable Area Remaining S4-S7 ft" ft"ft" SIZ Total knpervious-Buidtngs ft"ft"S6SIZ Total Impervious-Other 7/1/2021 9-3o-;zg. Printed Name Sign;Date otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 A3. L'Hk \‘X^e>0'he>(S) IProperly Address PIN t-S"Property Area (from CIS or Survey):Square Footage of Lot Acres x 43,560 ^^5', docA1Acres Total Area Allowed for impervious Surface A1 X .25 Sl,©so teTotal Area Allowed for Buildirtgs A1 X .20 A2 A3 List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious SurfaceDescriptionAreaDescriptionArea Total Exisbng Buildirtg Impervious from Page 1 Total Exjsbng Impervious- Other from Page 1 B1 C1 / ^ Total Proposed Building ImperviousDwelling and Attached Garage ft^Driveway/Parking area(s)F1 Total Proposed Impervious- OtherDetached Garage ft^Patio/Sidewalk G1 Total Proposed Impervious Surface F1 »G1_______________ ft^Shed(s)Retaining wall(s)H1 Total Proposed PercentImpervious (H1 ^-Apx 100 $%Miscellaneous teLandscaping 11 fFRecreational Camping Unit feDeck(s) Allowable Area Remaining A2 HIOtherfFWater Oriented Accessory Structure /5'V5D ft'FI G1Total Impervious-Buildings Total Impervious-Other Percent Buiding Impervious (F1 +A1)x 100 Allowable Building Area Remaining A3-FI SHORE IMPACT ZONE 37,5 ft (GO Lakes) 50 ft (RD Lakes/Agricufture. Urban.Tribulary f^ers) C d 75 ft (Transition Rivers) 100 ft (NE Lakes)_____________ Lake Classification ft Shore Impact Zone Area SI xS2 S2 S3 fFAverage lot width in the Shore Impact Zone ft Total Area Allowed for Impervious Surface S3X.15 S4 fF List all proposed structure footprint areas List all proposed other impervious surfaces Total Pressed Impervious SurfaceDescriptionAreaDescriptionArea Total Existing Building Impervious (Pg 1) Total Existing Impervious- Other (Pg 1) S5 S6 fF ft^fFBuilding(s)S8Patio/Sidewalk feProposed Buildrigs fF fF S9Deck(s)fFProposed Other Total Impervious Surface S8 + S9 fF fF S10 fFLandscaping/Relaining wall(s) Total SiZ Percent Impervious (S10+S3)x100fFft^Driveway/Parking area(s) fF fFMicellaneous Allowable /Vea Remaining S4-S10 fF fF S8 ft^S9 ft^Total Impervious-Buildings Total Impervkxis-Olher 7/1/2021 rTos Printed Name Date VARIANCE APPLICATION SKETCH \ 1 I : 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 29th day of September 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Township Clerk Lake AssociationProperty Owner Little Pine Lake Association PO Box 62 Perham MN 56573 Treva Mayfield, Clerk Corliss Township 45656 500‘^ St Perham MN 56573 Randy Johnson 45574 N. Little Pine Rd Perham MN 56573 City Clerk (if located within 2 miles of a city) None Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaqement@outlook.com Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 2 tu Big McDonald: Devils (Near Perham): Eagle Lake: Lida Lakes Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 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 ^ulie 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 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number OF Notices & Envelopes to Print File 1Dated: September 29, 2022 Extra BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT____ I I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus 7Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1I'Ui MinutesBy:16Amy Busko 31 https://ottertailmn.sharepoint.com/sites/LandResources/Sh Randy Affidavit (56-142) 10-13-22.docx 'j'prsmss T-r<:' Buffer Parcels SiiliL■?1 Citv St ZiDAddr 2Parcel No Addr 1Name 1 Randy & Margaret Johnson Tsts Name 2 Perham MN 56573 833845574 Little Pine Rd N12000300197000 45518 Little Pine Rd Perham MN 56573 8338Kenneth A & Kay L Krajsa12000300197001 Perham MN 56573 830347335 Benny Ln12000300197002Craig A Berry Perham MN 56573 8303Joseph M &. Lynn M Johnson12000300197003 47305 Benny Ln Willmar MN 56201 97963450 County Road 27 NWKevin & Karen F Trapp12000300197004 Perham MN 56573 833845574 Little Pine Rd NRandy & Margaret Johnson Tsts12000300197005 Salt Lake City UT 84117 7357Cheryl E Schack Et Al 5567 Weathervane Dr S12000300198002 Perham MN 56573 8310William D 8i Elizabeth Storm 47275 Benny Ln12000300198003 Perham MN 56573 833845574 Little Pine Rd NRandy & Margaret Johnson Tsts12000300198004 Perham MN 56573 813445277 Little Pine Rd NDaniel & Andrea Dulski Bucholz30000250147006 Wadena MN 56482 1455Douglas L & Jeannie Stromberg 315 Dayton Ave SW30000990282001 Perham MN 56573 514745470 N Little Pine Rd30000990283000Gary A & Linda L Layman Charlotte NC 28269 0800Thomas B & Nancy K Mcneill 6445 Dawnmist Ln30000990284000 Carroll lA 51401 3625Janet & James Feauto30000990285000 1833 Main St N Anoka MN 55303 3529Thomas R 8t Andrea J Balluff 18612 Xenolith St NW30000990286000 Medinah IL 60157 97736n255 Harvey Rd30000990287000Piper Tst Medinah IL 60157 97736n255 Harvey Rd30000990427000Piper Tst Ironwood Ml 49938 9203E4938 Airport RdNaaman Impola30000990428000 00To The Public30000990430000 Perham MN 56573 814745470 Little Pine Rd N30000990434000Gary A Layman Wadena MN 56482 1455Douglas L & Jeannie Stromberg 315 Dayton Ave SW30000990435000 Page 1 of 1Wednesday. Seotember 28, 2022 v-V Buffer Mail V City, State, ZipAddress 2Address iName Anoka MN 55303 3529Thomas R & Andrea J Balluff 18612 Xenolith St NW Perham MN 56573 8303Craig A Berry 47335 Benny Ln Perham MN 56573 8134Daniel & Andrea Dulski Bucholz 45277 Little Pine Rd N Salt Lake City UT 84117 7357Cheryl E Schack Et Al 5567 Weathervane Dr S Carroll lA 51401 3625Janet & James Feauto 1833 Main St N Naaman Impola Ironwood Ml 49938 9203E4938 Airport Rd Perham MN 56573 8303Joseph M & Lynn M Johnson 47305 Benny Ln Perham MN 56573 8338Kenneth A & Kay L Krajsa 45518 Little Pine Rd N Perham MN 56573 8147Gary A Layman 45470 Little Pine Rd N Perham MN 56573 5147Gary A & Linda L Layman 45470 N Little Pine Rd Thomas B & Nancy K Mcneill Charlotte NC 28269 08006445 Dawnmist Ln Medinah IL 60157 97736n255 Harvey RdPiper Tst Perham MN 56573 8338Randy & Margaret Johnson Tsts 45574 Little Pine Rd N William D & Elizabeth Storm Perham MN 56573 831047275 Benny Ln Douglas L & Jeannie Stromberg Wadena MN 56482 1455315 Dayton Ave SW Willmar MN 56201 9796Kevin & Karen F Trapp 3450 County Road 27 NW Page 1 of 1Wednesday, September 28, 2022 Stoll Inspections Inc. 33377 Vies Beach Rd Dent, MN 56528 218-839-1849 Septic Compliance Inspection & Tank Pumping Date: 8/5/22 To: Randy Johnson $475.00Total Cost: Thanks for your business. If I can assist you in the future, please don't hesitate to contact me at 218-839-1849. Please send payment to address above. Copy of septic inspection on file with Ottertail County Land and Resource. Septic System Passed_X Failed rl? Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS)mi MINNESOTA POLLUTION CONTROL AGENCY '520 Lafayette Road North St. Paul, (WN 55155-4194 Doc Type: Compliance end Enforcement Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting documentation - additional local requirements may also apply. Further information can be found here: https !>iate mn tis;siws-'delault.'filt'f«wts<s4 pi!i. Inspector mu*t submit completed form to Loeii Gov«rnm»ntai Umt |LGUj and system owner within IS day* of final determination of comptiarrco or noncompliance Property information Local tracking number Par^l ID# or Sec/Twp/Range: 12000300197005 Property address; 45574 North Little Pine Rd, Perham, MN 56573 Owner/representative: Randy ^nson Brief system description: 1500/2 comp tank with lift to trench drainfield. Local regulatory authority: Ottertail County Owner’s phone: 218-M9-0536 System status System status on date (mm/dd/yyyy): 8/5/2022 ^ Compliant - Certificata of compliance* (Valid for 3 years from report data urtless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered ora shorter time frame exists in Local Ordinance.) ‘Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Rea8on(s) for noncompliance (check all applicable) □ Impact on public health (Compliance component #1) - Imminent threat to public health and safety □ Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety □ Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater □ System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater □ Soil separation (Compliance component #5) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompllant - local ordinance applies Comments or recommendations □ Noncompliant - Notice of noncompliance An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or Us use discontinued vrithin ten months of receipt of this notice or within a shorter period if required by local ordinance or under section 14SA.04 subdiviaon B. Systems failing to protect ground water must be upgraded, replaced, or use discontinued within the lime required by local ordinance. Certification / hereby certify that all die necessary information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditims during system conslmdion, possible abuse of the system, inadequate maintenance, or future wafer usage. By typing my name below, I certify the above ^apments to be hue end correct, to the best of my knowledge, and that this mformation can be used for the purpose of processing thir Business name: Stoll Inspections Inc. / Inspector signature: .............../V Certification number: 7526 License number; 2982 Phone: 218-839-1849 Necessary or locally required supporting documentation (must be attached) (This document has been electronically signed) ^ Soil observation logs □ Other information (list): (S! Locally required fonns □ Tank Integrity Assessment □ Operating Permit https://wwvu.pca.nate.mn.us we-wtvists4-31b • 1/11/21 £51-296-6300 800-657-3864 Use your preferred relay service • Available In alternative formats Page lof4 1. Impact on public health - Compliance component #1 of 5 Attached supporting documentation; D other: □ Not applicable Compliance criteria: System discharges sewage to the ground surface □ Yes' HI No System discharges sewage to drain □ Yes' HI No tile or surface waters. System causes sewage backup into □ Yes’ 0 No dwelling or establishment. Any 'yes’ amw9f above indicates the system is an imminent threat to public frra/fh and safety Describe verification methods and results; 2. Tank integrity ~ Compliance component #2 of 5 Compliance criteria: System consists of a seepage pit, cesspool, drywell, leaching pit. or other pit? Sewage tank(s) leak below their designed operating depth? Attached supporting documentation: □ Pumped at lime of inspection□ Yes 0 No Name of maintenance business:Sewer Service □ Yes' B No License number of maintenance business' L3474 Date of maintenance: □ Existing tank Integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): 8/4/2022 (must be within three years) {See form instructions to ensure assessment complies with Minn. R 7082.0700 subp. 4 B (1)) D Tank is Noncompliant (pumping not necessary - explain below) □ Other; TankEmgty ___ If yes, which sewage tank(s).jeaks; ...... Any "yes" answer above indicates the system is failing to protect groundwater. Describe verification methods and results: hnps://wvMw.pca.state.mn.ui m-»wists4-31b • 1/11/21 6S1-29S-6300 800-657-3864 Use your preferred relay service • Available In alternative formats Page 2 of a 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked etc), or unsecured? □ Yes’ (3 No □ Unknown 3b. Other Issues (aiectrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes’ 0 No □ Unknown ‘Yes to 3a or 3b - System is an imminent threat to public health and safety 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned In accordance with Minn. R. 7080.2500? ‘Yes to 3s or 3d ■ Sysiein is falling to protect groundwater Describe verification methods and reauits; □ Yes’ 0 No □ Yes 0 No Attached supporting documentation: □ Not applicable □ 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 I2 Not applicable Is the system operated under an Operating Permit?□ Yes □ No If “yes", A below Is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If "yes”, B below is required BMP = Best Management Practice(a) specified in the system design If the answer to both questions is “no", this section does not need to be completed. Compliance criteria: □ Yes □ No b. Is the required nitrogen BMP in place and properly functioning? □ Yes □ No Any ' no" answer indicates noncompliance. Describe verification methods and resulte: a. Have the operating permit requirements been met? Attached supporting documentation: □ Operating permit (Attach) □ https;//www.pca.state.mn.us wq-wwists4-31b • i/11/21 651-296-6300 BOO-657-3B64 Use your preferred relay service • Available In alternative formats Page 3 of 4 5. Soil separation - Compliance component #5 of 5 0 UnknownDate of installation (mm/il6/yyyy) Shoroland/Wellhead protection/Food beverage lodging? 0 Yes O No Attached supporting documentation; 0 Soil observation logs completed for the report (Attach) □ Two previous verifications of required vertical separation (Attach) □ Nol applicable (No soil treatment area) Compliance criteria (select one}: 5a. For systems built prior to April 1,1996, □ Yes □ No* and not located in Shoreland or \fl^llhead Protection Area or not serving a food, beverage or lodging establishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock. 5b. Non-perfomtance systems built April i, 0 Yes Q No' 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or servirtg a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* □ Indicate depths or elevations ...A Bottom of distribution media............ B. Periodically saturated sqil/bedrpc*___>68" C. Systern separation __ D. Required compliance separation*___36" ‘May be reduced up to 15 percent if allowed by Local Ordinance. 32" 5c. "Experimental'’, "Other^, or "Performance'’ □ Yes □ No* systems built under pre-2008 Rules; Type IV or V systems built under 2008 Rules 7080 2350 or 7080.2400 (Advanced Inspector License required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. "Any ‘ no' answer above indicates the system is falling to protect groundwater. Describe verification mettiods and results; Ihc lb" SL>' 7&'' Upgrade requirements: (Minn. Stat §115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as detined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strkt. This provision does not apply to systems In shoreland areas. Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as detined in law. https://www.pco.5tate.mn.us wq-wwins4-31b • 1/11/21 651-296-6300 800-657-3864 Use your preferred relay service • Available in alternative formats Page 4 of 4 ParealWumbw: . 12000300(^7005' . CXte&iTtitW: <X'S-Z2. I I •:• hsi!^ . Syst»fn Drawmgiwv*mAMiBa'rtMfeiaidnanAMHMnaga;MK«felnMtartaio8tntf«dbBacdUBaoni«laqpaBMklaoMIMiik 5*6"* 6*»18 ed na»*«B6e eWumubl leek Mid 0ti»ehm6w,«ananl& flHM« ««Mik md to(mniM» Mm ftA Hh^ I 1I iI \I 1I I \Vf^Oy I )I/u ^VtrtJsw^ I 5^PjS'liC \r\ Cotviyj>c>/>OtAtKSttoHBl Commwits: tn«WHninilinPwi»|gCrn) 4R4nB1T Amy Busko Matthew Yavarow Monday, October 3, 2022 11:05 AM Amy Busko Chris LeClair Board of Adjustments - October 13th Meeting From: Sent: To: Cc: Subject: Amy, The Highway Department has reviewed the variance requests for the October 13, 2022 meeting and have no comments. Thanks, Matthew Yavarow, PE Asst. County Engineer Highway Department 505 South Court Street, Suite 1 Fergus Falls, MN 56537-2757 Direct 218-998-8497 | Office 218-998-8470 ottertailcountymn.us OTTER TAIL COUNI Y-MIN NtSOtA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information, if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 1 OFFICE OF COyiHY lECOmiEI^ OTTEil JML giMESOFA I taret^ certify tint thl8lnstnim8nt9_ was fDadAecorded iri this office forrecufdonths 909150 No delinquent taxes; certificate of real estate value received; and transfer entered on OUaa 909150 vx. 20O3l County Auditor Wendyt by: ^By_xS2 Deputy j^(SU/©4< Personal Representative's Deed (individual to Joint tenants) PERSONAL REPRESENTATIVE’S DEED STATE DEED TAX DUE HEREON: $1.65 Date: Tov.V o)4>, !^C>C>^ FOR VALUABLE CONSIDERATION, Bruce A. Boyne, as Personal Representative of the Estate of Jerome J. Johnson, Decedent, married at the time of his death to Laura P. Johnson who died on November 16, 2001, hereby conveys to Randy K. Johnson and Margaret J. Johnson, Grantees, as Joint tenants, real property In Otter Tall County, Minnesota, described as follows: That part of Government Lot 3 in Section 30, Township 137 North, Range 38 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at an iron monument which designates the most northerly comer of Lot 9 of JOHNSON BEACH, said plat is on file and of record in the office of the Recorder of said County from which the northwesterly line of said Lot 9 bears South 52 degrees 33 minutes 00 seconds West on an assumed bearing; thence North 45 degrees 28 minutes 36 seconds West 1018.63 feet to an iron monument; thence North 59 degrees 50 minutes 58 seconds West 160.00 feet to an iron monument; thence North 60 degrees 07 minutes 12 seconds West 60.00 feet to an iron monument; thence North 70 degrees 23 minutes 50 seconds West 80.00 feet to an iron monument; thence North 25 degrees 34 minutes 05 seconds East 215.08 feet to an iron monument; thence North 59 degrees 50 minutes 58 seconds West 121.75 feet to an iron monument; thence North 24 degrees 38 minutes 41 seconds East 79.63 feet to an iron monument; thence South 88 degrees 58 minutes 05 seconds West 161.08 feet to a found iron monument; thence North 18 degrees 53 minutes 13 seconds East 101.18 feet to a found Iron monument; thence South 67 degrees 09 minutes 46 seconds West 255.80 feet to a found iron monument; thence continuing South 67 degrees 09 minutes 46 seconds West 57.20 feet to a found iron monument, said point is the point of beginning: thence South 81 degrees 09 minutes 42 seconds West 108.10 feet to an iron monument; thence South 13 degrees 56 minutes 46 seconds West 139.09 feet to an Iron monument hereinafter referred to as Point C; thence continuing South 13 degrees 56 minutes 46 seconds West 210.37 feet to an iron monument: thence continuing South 13 degrees 56 minutes 46 seconds West 12 feet, more or less, to the water's edge of Little Pine Lake; thence easterly along the water's edge of said Little Pine Lake to the intersection with a line which bears South 13 degrees 56 minutes 46 seconds West from the point of beginning; thence North 13 degrees 56 minutes 46 seconds East 18 feet, more or less, to a found iron monument; thence continuing North 13 degrees 56 minutes 46 seconds East 189.67 feet to an iron monument; thence continuing North 13 degrees 56 minutes 46 seconds East 193.49 feet to the point of beginning. The above described tract contains 0.87 of an acre, more or less. \3--odo-30 ALSO HEREIN INCLUDED is a 24.00 foot wide easement for driveway purposes over, under and across part of said Government Lot 3 and over, under and across part of Lots 1 and 2 of SUNNY BEACH RESORT, said plat is on file and of record in the office of the Recorder of said County. The centerline of said 24.00 foot wide driveway easement is described as follows; Beginning at an iron monument at the afore mentioned Point C; thence South 74 degrees 36 minutes 53 seconds West 94.96 feet; thence North 65 degrees 25 minutes 37 seconds West 68.31 feet; thence South 72 degrees 01 minute 03 seconds West 209.07 feet; thence South 89 degrees 35 minutes 06 seconds West 144.44 feet; thence South 85 degrees 30 minutes 19 seconds West 143.35 feet; thence South 86 degrees 49 minutes 44 seconds West to the southerly line of a Dedicated Public Road according to the plat of said SUNNY BEACH RESORT and said centerline there terminates. At the point of beginning of said centerline the skteiines of said easement shall be prolonged or shortened to terminate on the westerly line of the above described tract. The southerly sideline of said easement shall be prolonged to terminate on the westerly line of said Lot 2. The northerly sideline of said easement shall be shortened to terminate on the southerly line of the Dedicated Public Road. together with all hereditaments and appurtenances belonging thereto. The grantee certifies that grantee does not know of any wells on the above described real property. ESTATE OF JEROME J. JOHNSON By: Bruce A. Boyne Personal Representative of the Estate of Jerome J. Johnson STATE OF MINNESOTA ) The foregoing instrument was acknowledged before me this /Q ^-4-K day of July, 2002, by Bruce A. Boyne, as Personal Representative of the Estate of Jerome J. Jr^nson, Decedent COUNTY OF tiWWAKAm^ iKswr amuc. MWNesQfia CrrTCRTAIL COUNTY MyCcmnilS9fcinE«|)ii«i0t«3T-jB Notary Public Statements for real estate taxes on the real property described herein should be sent to: Randy and Margaret Johnson 410 3rd St SW PerhamMN 56573 THIS INSTRUMENT WAS DRAFTED BY; SVINGEN, ATHENS. RUSSELL, HAGSTROM. HAUGRUD, KARKELA & CLINE. PLLP 450 West Main Street P.O. Box 160 Perham, MN 56573 (218) 346-4995 (TAK/crw) The total consideration for this transfer of property is $500.00 or less.