HomeMy WebLinkAbout16000360210001_Variances_10-14-2021Variances
2
Barcode 128
10 202.\
1267569
Date Stamp
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, NN
RiEoOROED ON
10/25/2021 09:50 AN
FEE: 46,00
PAGES ?
V.*ELL CERTIFICATE REC'Ds N
r--
ccL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER,
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.usQITERTflIl
Application Fee oc>
Ot- OO'i- 55V9Receipt Number
Accepted by Cc S/gy/?/Date
Property Owner
Name John V. and Renae M. Carlson
Address 414 Rambling Creek Circle SE
City St. Michael
State Minnesota
Zip 55376
Daytime
Phone (763) 458-9387
Email nstarlake4@charter.net
Parcel Information
Lake Class qqLake No Lake Name Star56038500
Parcel Number(s)16000360210001
Parcel Number(s)
Township Name
Legal Description
SectionDora 36
Sect - 36 Twp -136 Range - 041 W200' of E600' GOV Lot 3
Physical Address 40250 330th Avenue Dent, MN 56528
TYPE OF VARIANCE REQUESTED (Please Check)
□structure
Setback □□0 SubdivisionStructure Size Sewage System
□□□MiscellaneousClusterWECS
Version Date: 04/07/2020
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE:
SECTION OF ORDINANCE:_______
Requesting a variance of 38 ft to build a garage addition at 37 ft from OHWL. Addition will be in line with
current dwelling and no closer to OHWL.
Shoreland Management Ordinance
Section 6 Subp 4 A
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION
CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY.
I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 1S.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION.
I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
SIGNATURE^ PROPERTY OWNER/AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
(jP'ObDate of Hearing Time
Motion
John & Renae Carlson - Variance Application Approved as Requested (6:01 p.m.)
• After consideration and discussion, Terry Marthaler made a motion, seconded by Douglas Larson, and carried
with David Wass voting no to approve the variance request to construct a garage addition to the existing
dwelling being 37 feet from the ordinary high-water level. This decision is based on the Findings of Fact and
Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and
incorporated as an official part of the minutes which have been placed on file with the Land & Resource
Management Department.
Chairman/Otter Tati County Board of Adjustment
XPermit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land & Resource Management
idIhI’z./Copy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TRIloo««TT-aiaaiioia
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:John & Renae Carlson
Address/Parcel No. 40250 330**' Ave / 16000360210001
Requested Variance: Requesting a variance of 38 ft to build a garage addition at 37 ft from OHWL. Addition will be in line
with current dwelling and no closer to OHWL.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 4. A.
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: Family built the place in 1969 with a small single garage currently used for
storage with would like a larger to one to store boats in winter months and cars in the summer months.
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:
The proposed addition to the existing structure will no further encroachment on Star Lake.
3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (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:
It is an existing legal non-conforming structure not meeting the required setbacks of the current Shoreland Management
Ordinance and built prior to any zoning regulations in 1971.
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;
4.
There are similar land use patterns and use of the property in the vicinity of the request.
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....
0 No, the issuance of the variance is only for economic considerations...
...because:
5.
The proposed improvements are to an existing legal non-conforming structure.
The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
'TfticAael "Dom^DATED; October 14, 2021
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
1253882
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
Deed Tax: $165.00
Number 9400
Date: 3/1/2021
WAYNE STEIN, County Auditor/Treasurer
by LKG, Deputy
No Delinquent taxes and transfer entered.
Certificate of Real Estate Value
(X) filed ( ) not required.
CRV No.: 1197995
Date: 3/1/2021
WAYNE STEIN, County Auditor/Treasurer
by JRB, Deputy
16 000 36 0210 001
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLSj MN
RECORDED ON
03/01/2021 01:13 PM
FEE: 46.00
PAGES 3
WELL CERTIFICATE REC'D: N
DOCUMENT RECORDED ELECTRONICALLY
(Top 3 Inches reserved for recording data)
Minnesota Uniform Conveyancing Blanlcs
________________Form 10.1.1 (2016)
WARRANTY DEED
Individual(s) to Individuals)
eCRV number
7 // /
'(maiflroqtyea^
/:2.DEED TAX DUE; $ $165.00 DATE
FOR VALUABLE CONSIDERATION, Verna R. Carlson, a single person
(aaeifname aaf maiRsIslatiisi^esth Grsnta)
C'Granto/'),
hereby conveys and warrants to John Vernon Carlson and Renae Marie Carlson
(Inse/tnsim of each Granted
("Grantee’), as
□ tenants In common,
Q joint tenants,
{If maw than one Grantee Is named above end either no box Is chedced OfboSi boxes ew chedted,
Ods conveyance b made to Bib named Grantees as tenants In common)(Check only one box)
real property in Otter Tail
See Exhibit "A" Legal Description attached hereto.
County, Minnesota, legaily described as follows:
Check here If all or part of the described real property Is Registered (Torrens) □
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Return To:
Title Specialists Inc
12725 43RD ST NE SUITE 102
ST. MICHAEL MN 55376
Pago lot2
DtterTail County, Minnesota 1253882 1 of 3
Minnesota Uniform Conveyancing Blanks Form 10.1.1Page 2 of 2
Ch$d< applicable box:
□ The Seller certifies that the Seller does not know of any wells on
the descnlied real property.
□ A well disdosure certificate accompanies this document or has
been electronically filed. (If electronically filed, Insert WOC
number.
El i am familiar with the property described in tfvs instniment and I
certify that the status and number of wells on the descnloed real
property have not changed since the last previously filed well
disdosure certifioate.
Grantor
Verna R. Carlson
■)
State of Minnesota, County of
I'Z-/It IThis instrument was acknowledged before me on ■ bv Verna R. Carlson, a single person
(monSi^isf/^ea)
Onsetname ami merits data of eadi Granb^
(Stamp)
TIllB (and Rank): /*uJ> liBENJAMIN MARK LIVERCA |
M KOTARyPUBUC-MINNESOTA |
Commission Expires Jan. 31.2021 J
mi My connmisslon expires
THIS INSTRUMENT WAS DRAFTED BY:
(eeertnama and addres^
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(insed tepsT aame end reskMal or business address of &ranlee>
John Vernon Carlson and Renae Marie Carlson
HfH i/7^ Creeks O'rc/e, S6.
Sh /??/V S537^
Title Specialists, Inc.
12800 Whitewater Drive #100
Minnetonka, MN 55343
Dtter Tail County, Minnesota 1253882 2 of 3
EXHIBIT "A" LEGAL DESCRIPTION
The West 200 feet of the East 600 feet of Government Lot Three (3), in Section 36, Township 136, Range 41, Otter
Tail County, Minnesota
3tter Tail County, Minnesota 1253882 3 of 3
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, October 14, 2021
The Otter Tail County Board of Adjustment Members convened on October 14, 2021, at 6:00 p.m. at the Bigwood Event Center,
Fergus Falls Minnesota; the hearing was held in person and via Microsoft Teams due to the health pandemic and declared emergency
in accordance with Minn. Stat. Sec. 13D.021.
The following persons were in attendance:
David Wass
Thomas Lee
Douglas Larson
Michael Donoho
Terry Marthaler
Kyle Westergard, Assistant Director, Land & Resource Management
Ben Olson, Assistant County Attorney
Darren Newville - Absent
Called to Order - Michael Donoho, Vice Chair called the meeting of the Board of Adjustment to order at 6:00 p.m.
Minutes Approved - Motion by Terry Marthaler, seconded by Thomas Lee and carried to approve the minutes from September 9,
2021.
The Board of Adjustment considered the following application(s) for variance:
John & Renae Carlson - Variance Application Approved as Requested (6:01 p.m.)
John & Renae Carlson, W 200’ of E 600’ GL 3, Star Lake (56-385) in Dora Township requested the following: Requesting a variance
of 38 ft to build a garage addition at 37 ft from OHWL. Addition will be in line with current dwelling and no closer to OHWL.
John Carlson, property owner represented the variance application. The audience was polled with no one speaking for or against this
application.
After consideration and discussion, Terry Marthaler made a motion, seconded by Douglas Larson, and carried with David Wass voting
no to approve the variance request to construct a garage addition to the existing dwelling being 37 feet from the ordinary high-water
level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding
have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource
Management Department.
<r
Larry & Kim Charest- Variance Application Approved with a Condition (6:08 p.m.)
Larry & Kim Charest, GL 3 & 4 Ex Hwy, West Battle Lake (56-239) in Clitherall Township request the following: States WOAS can
only be 10’ high. We would like a variance for WOAS structure to be 14.5’ high to accommodate roof Structure is a grain bin;
therefore, the roof has higher pitch. Structure permit was issued for a WOAS (#31928) and footings have inspected, however roof has
not been attached because of the height restriction.
Larry Charest, property owner represented the variance application. The audience was polled with no one speaking for or against this
application.
After consideration and discussion, Thomas Lee made a motion, motion failed as there was no seconded. After further discussion
David Wass made a motion and seconded by Douglas Larson with Thomas Lee voting no to approve the variance with the condition
that the structure cannot exceed 12 feet in height (remove 1 ring which is approx. 30”). This decision is also based on the Findings of
Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an
official part of the minutes which have been placed on file with the Land & Resource Management Department.
Board of Adjustment
October 14, 2021
Page I 1
STAFF REPORT
John & Renae CarlsonAPPLICANT:
40250 330'^ AVE, Dent MN 56528,16000360210001LOCATION:
LAKE NAME/NUMBER/CLASS:Star Lake, 56038500, General Development
Requesting a variance of 38 feet to build a garage addition at 37 ft from OHWL. Addition
will be in line with current dwelling and no closer to OHWL.
APPLICATION:
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County visit the County WebsKe
160O®36O2O^^S
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40250 330TH AVE lit
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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 3, Subp. 14
A. All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise
set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as
allowed and set forth in Minnesota Statute §394.36
B. All additions or expansions to the outside dimensions of an existing nonconforming structure must
meet the setback, height, and other requirements of this ordinance. Any deviation from these
requirements must be authorized by a variance.
C. Improvements to nonconforming structures not requiring a variance, include, but are not limited
to, the following:
1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does
not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed
peaked roof for a non-conforming structure beyond a 4:12 would be considered an
expansion and would require a variance.
2) Installing rails on a patio in which the total height is less than 36" in height as measured from
the ground.
3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36
inches and to not allow the overall building height to exceed maximum height restrictions.
D. A non-conforming use is any continuous use of land established before the effective date of a
County or local Ordinance which does not conform to the use restrictions of a particular zoning
district. This should not be confused with substandard dimensions of a conforming use.
E. A prohibited non-conforming use may not be expanded or improved.
F. If any non-conformity or occupancy is discontinued for a period of more than one year, any
subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
Minnesota Statute, 394.36
Subp. 4 Nonconformities; certain classes of property
This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential
real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity,
including the lawful use or occupation of land or premises existing at the time of the adoption of an
official control under this chapter, may be continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments;
1. Septic system compliance inspection received, and system deemed compliant.
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:
John & Renae Carlson
414 Rambling Creek Circle SE
St. Michael MN 55376
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 14, 2021, at 6:00 p.m.
at the Bigwood Event Center, 925 Western Ave, Fergus Falls, MN
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public
hearing.
Public comments regarding this application must be received by 12:00PM the day before the public hearing date. Members
of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative,
members of the public wishing to observe and/or make comment on this application may participate in the public hearing
virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing
regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the
above address, or emailed to land@co.ottertail.mn.us. Written correspondence or emails.
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. - 16000360210001
W 200' of E 600' GL 3
Section 36, Township 136, Range 41
Township Name - Dora
Star Lake (56-385), General Development (GD)
40250 330'*' Ave, Dent MN 56528
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Requesting a variance of 38 ft to build a garage addition at 37 ft from OHWL. Addition will be in line with
current dwelling and no closer to OFIWL.
Amy Busko
Board of Adjustment Secretary
September 30, 2021
(®) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
otter Tail County
o^^AiL Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
IC-OOO- 0'2lO- OO)PIN
Properly Address
Square Footage of Lot
Acres x 43,560
Property Area {from GIS or Survey):205A1Acres
A3 y/, ^Total Area Allowed for Buildirtgs
A1 X .20
Total Area Allowed for Impervious Surface
A1 X .25 ?/, 2 9ZA2
List ALL existing other impervious surfacesList ALL existing structure footprint areas
Total Impervious Surface
AreaAreaDescriptionDescription
I, tool,SO£> ft"B1Driveway/Parking area{s)Dwelling and Attached Garage Total Impervious-Buildings
/ V, 'ive ft"ft"C1ft"Patio/Sidewalk Total Impervious-OtherDetached Garage
(Q, I Y& ft"Total Impervious Surface
ei +C1
ft"D1ft"Retaining wall(s)Shed{s)
Total Percent Impervious
(D1 + A1)x 100 •7. g 7 /.E1ft"ft"LandscapingMiscellaneous
ft"ft"OtherRecreational Camping Unit ft"Allowable Total Area Remaining A2-D1
ft"ft"Water Oriented Accessory Structure
/ V, -5 yc Project being requested:/; too C1B1Total Impervious-OtherTotal Impervious-Buildings
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 Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
{B1 ♦ A1)x 100
p, re y-Reviewed by L&R
□ El Greater than 15%; Exemption Not Allowed
Int;Date:B2
O El 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This
|~~| exemption only applies to Items not located in the
Shore Impact Zone. Bluff Impact Zone, or Wetlands.
/^lowable Building AreaRerr^aining
A3-B1
39, ?37ft"B3
SHORE IMPACT ZONE
37,5 ft (GD Lakes)
50 ft (RD Lakes'Agnculture, Urban.Tiibulary Rivers)Q4i 75 ft {Transition Rivers) ^ *
100ft{NE Lakes)
G b ftLake Classification
Shore Impact Zone Area
SI x S2
S3[0(? S2 loo ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface
S3x .15
ft"S4
List all other impervious surfaces in the Shore Impact ZoneList all structure footprints in the Shore Impact Zone
Total Impervious Surface
AreaDescriptionAreaDescription
S5 ft"ft"-^O ft"Patio/SidewalkBuilding(s)Buildings
9(S ft"ft"S6ft"Deck(s)Other
Total Impervious Surface
S5 + S6 [2G ft"ft"S7ft"Landscaping/retainging wall{s)
Total Percent Impervious
(S7+ S3) X 100
ft"ft"Oriveway/Parkir>g area(s)
ft"ft"Miscellaneous
75C5ft"Allowable Area Remaining S4-S7
ft"ft"
96S6ft"ft"SIZ Totallmpervious-Buildings 35 SIZ Total Impervious-Other 7/1/2021
Printed Name inature
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
PIN
Property Address
Square Footage of Lot
Acres x 43,560
Property Area (from GIS or Survey);ft'A1Acres
Total Area Allowed for Buildings
A1 x-20
Total Area Allowed for Impervious Surface
A1 X .25
ft'A3ft'A2
List ALL proposed other impervious surfacesList ALL proposed structure footprint areas
Total Impervious Surface
AreaDescriptionDescriptionArea
Total Existing Impervious-
Other from Page 1
Total Existing Building
Impervious from Page 1
/V. ft'I, SOO ft'ClB1
Total Proposed Building Imperviousft^"ZfiOCf ft'FI'fOo ft'Driveway/Parkmg area(s)Dwelling arxf Attached Garage
Total Proposed Impervious- Other / 'i, T9C ft'G1ft'ft'Patio/SidewalkDetached Garage
Total Proposed Impervious Surface
F1 - G1________________
l'?,2 9C ft'ft'HIft'Retaining wall($)Shed(s)
Total Proposed Percent Impervious
(H1f A1)x100_______
i'ft'IIft'LandscapingMiscellaneous
ft'fp OtherRecreational Camping Unit ft'Allowable Area Remaining A2
HI
ft'ft'Water Oriented Accessory Structure
/V/ ft'G1FIZ,6oo ft'Total Impervious-OtherTotal Impervious-Buildings
1.22 i-PercentBuilding Impervious
(F1 +A1)x100
■$ 5, ‘53Vft'Allowable Building Area Remaining A3-F1
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agricutture, Urban,Tributary Rivers)g
75 ft (Transition Rivers)
100 ft (NE Lakes)
ftLake Classification
Shore Impact Zone Area
SI xS2
ft'S3S2ftAverage lot width m the Shore Impact Zone
Total Area Allowed for Impervious Surface 83x15 ft'S4
List all proposed other impervious surfacesList all proposed structure footprint areas
Total Proposed Impervious Surface
Area/^ea DescriptionDescription
Total Existir»g Impervious-
Other (Pg 1)
Total Existing Buildmg
Impervious (Pg 1)9^ft'S5 3^ft'S6
ft'7.^ ft'S8ft'Patio/SidewalkBuilding(s)Proposed Buildings
ft'ft'S9ft'Deck(s)Proposed Other
ft^Total Impervious Surface S8-S9 S10ft'ft'Landscaping/Retaining wall(s)
Total SIZ Percent Impervious
(S10 + S3)x 100 1.SC 7-ft'ft'Driveway/Parking area(s)
ft'ft'Micellaneous
y?9 ft^Allowable Area Remaining S4-S10
ft'ft'
*5 7.^ ft'S9 ft'S8 Total Impervious-OtherTotal Impervious-Buildings 7/1/2021
tMlPrinted Name nature
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MINNESOTA POLLUTION i y i y CONTROL AGENCY Compliance inspection report form
Existing Subsurface Sewage Treatment System (SSTS)520 Lafayette Road North
St. Paul, MN 55155-4194 Doc Type: Compliance and Enforcement
Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) ,requirements and attached supporting
documentation - additional local requiremehts may also apply. Further information can be found here:
https://www. pea.state.mn.us/s rtes/default/files/wq-wwists4-31 a.Pdf.
Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of final
determination of compliance or noncorhpliance.
Property information Local tracking number:
Local regulatory authority: Qttertail CountyParcel ID# or Sec/Twp/Range; 16000360210001
Property address: 40250 330''^ Ave. Dent, MN 56528
Owner/representative: John Carlson
Brief system description: 1000 gal, tank to 500 lift tank to gravelless pipe drainfied. 390 sq.ft.
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Owner’s phone: 763-458-9387
System status
System status on date (mm/dd/yyyy): 6/23/2021
S Compliant - Certificate of compliance*
(Valid for 3 years from report date un/ess evidence of
an imminent threat to public health or safety requiring
removal and abaterrient under section 145A.04,
subdivision 8 is discovered or a 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.
Reason(s) for noncompliance (check all applicable)
□ Impact on public health (Compliance component #1) - Irnminent 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) - Falling to protect groundwater
□ Soil separation (Compliance component #5) - Falling to protect groundwater
□ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies
Comments or recommendations
□ Noncompliant - Notice of.noncompliance
An imminent threat to public health and safety (ITFHS) must be
upgraded, replaced, or its use discontinued within ten months of
receipt of this notice or within a shorier period if required by
local ofdinance dr under section 145A.04 subdivision 8.
Systems failing to protect ground water must be upgraded,
replaced, or use discontinued within the time required by local
ordinance.
Certification
/ hereby certify that all the necessary information has been gathered to determine the compliance status 'of this systern: No
determination of future system performance has been nor can be made due to unknown conditions during system-construction, possible
abuse of the system, inadequate maintenance, or future water usage.
By typing my name below, I certify the above statements to be true and correct, to the best of my knowledge, and that this information
can be used for the purpose of processing thij
Business name: Stoll Inspections Inc.
Inspector signature. _______________
Certification number: 7526
License number: 2982
(This document has been electronically signed)Phone: 218-839-1849
Necessary or locally required supporting documentation (must be attached)
□ Operating Permit□ Tank Integrity Assessment□ Locally required forms□ Soil obsen/ation logs
□ Other information (list):
• Use your preferred relay service • Available in alternative formats
Page 1 of 4
https://www.pca.state.mn.us
wq-wwists4-31b • 1/11/21
651-296-6300 800-657-3864
1. Impact on public health - Gpmpliance component #1 of 5!
Compliance criteria:Attached supporting documentation:
Q Other: _________________________
□ Not applicable
□ Yes' El NoiSystem discharges sewage to the
ground surface
□ Yes’ E NoSystem discharges sewage to drain
tile or surface waters.
!
□ Yes' El NoSystem causes sewage backup into
dwelling or establishment:_________
Any "yes" answer above indicates the system is an
imminent threat to public health and safety.
Describe verification methods and results;
2. Tank integrity - Compliance component #2 of 5
Attached supporting documentation:
□ Pumped at time of inspection
Compliance criteria:________
System consists of a seepage pit,
cesspool, drywell, leaching pit,
or other pit?__________________
□ Yes* El No
Name of maintenance business;Barry Exc.
□ Yes’ E NoSewage tank{s) leak below their
designed operating depth?
License number of maintenance business: L2821
Date of maintenance:
O Existing tank integrity assessment (Attach)
Date of maintenance (mm/ddfyyyy):
6/23/2021
(must be within three years)
(See form instructions to ensure assessment complies with
Minn. R. 7082.0700 subp. 4 B (1))
n Tank is Noncompliaht (pumping not necessary - explain below)
E Other: Tank Empty, Weekend use
If yes, which sewage tank(s) leaks:
Any “yes ” answer above indicates the system
is failing to protect groundwater.
Describe verification methods and resuits:
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https://www.pca.state.mn.us
wq-wwists4-31b • 1/11/21
651-296-6300 800-657-3864
3. Other compliance conditions - Complianee component #3 of 5I
i 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc,), or unsecured?
□ Yes* El No □ Unknown
3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health dr safety? □ Yes’ E No □ Unknown
*Ves 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 3c or 3d ■ System is failing to protect groundwater.
Describe verification methods and results:
□ Yes' El No
□ Yes' 0 No
Attached supporting documentation: □ Not applicable □
4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 M Not applicable
Is the system operated under an Operating Permit?
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(s) specified in the system design
If the answer to both questions is “no”, this section does not need to be completed.
Compliance criteria:
a. Have the operating permit requirements been met?
b. Is the required nitrogen BMP in place and properly functioning? DYes □ No
Any “no” answer indicates noncompliance.
Describe verification methods and results:
□ Yes □ No If “yes”, A below is required
□ Yes GNo
Attached supporting documentation: □ Operating permit (Attach) □
Available in alternative formats
Page 3 of 4
800-657-3864 Use your preferred relay servicehttps://www.pca.state.mn.us
wq-wwists4-31b • 1/11/21
651-296-6300
5. Soil separation - Complianee component #5 of 5
n UnknownDate of installation 11/6/2001
(rrim/dd/yyyy)
Shoreland/Wellhead protection/Food
beverage lodging?
0 Yes □ No Attached supporting documentation:
I3 Soil observation logs completed for the report (Attach)
□ Two previous verifications of required vertical
separation (Attach)
□ Not applicable (No soil treatment area)
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Compliance criteria (select one):
5a. For. systems built prior to April 1, 1996,
and not located In Shoreland or Wellhead
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.
□ Yes GNo*
□
□ Yes □ No*5b. Non-performance systems built April 1,
1996, or later or for non-performance
systems located in Shoreland or Wellhead
Protection Areas or serving 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 24"
B. Periodically saturated soil/bedrock >60"
C. System separation >36"
D. Required compliance separation*36"
*May be reduced up to 15 percent if allqwed by Local
Ordinance.
□ Yes □ No*5c. "Experimental", "Other”, or “Performance"
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.
%
InIhiC.
*Any “no ” answer above indicates the system is
failing to protect groundwater.
Describe verification methods and results;
!
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 defined inlaw, 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 strict.
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 defined in law.
800-657-3864https://www.pca.state.mn.us
wq-wwist54-31b • 1/11/21
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Page 4 of 4
651-296-6300
Parcel Number: /LoOpy^OTLi(PCQ /
^ System Drawing
The system drawing which inciudes and identifies a graphic scale in feet or indicates ail setback distances, all septic/holding/litl tanks,
drainfields, wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling structures, lot lines, road right-of-ways,
easements, OHI/VLs, wetlands, and topographic features (i.e. bluffs).
Date & initial;
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Additional Comments:
Pago 2 of 2crxonl/ComDitnnoe Fonv. for OTC 4/14/20J7
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 30'^ day of September 2021 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
John & Renae Carlson
414 Rambling Creek Circle SE
St. Michael MN 55376
Michael Kratzke, Clerk
Dora Township
45494 County Hwy 35
Vergas MN 56587
Star Lake Association
PO Box 155
Dent MN 56528
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Ni
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
tu
^ Perham):
lonald, Kerbs & Paul: LMKP Lakes Imp. Dist, PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist, PO Box 405, Perham, MN 56573
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
Litti
Little & Big Pine:
Pelii Fi:
South Turtle Lake:
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1^' Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: David Wass - 29133 260^'’ St., Underwood, MN 56586
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 30, 2021
Extra 6Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members_
PC Member____
Envelopes____6
TOTAL NOTICES TO PRINT___19
I I Added to Agenda I__I Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press
5
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-385) 10-14-21.docx
n
Buffer Parcels
Parcel No Addr2Name 1 Addrl Citv St ZiDName 2
16000360204000 Edward V Lodin Dent MN 56528 901840504 330th Ave
16000360205000 James & Barbara Ebert Dent MN 56528 0188PO Box 188
16000360210001 John V & Renae M Carlson Saint Michael MN 55376 9480414 Rambling Creek Cir SE
16000360210002 B2p2 LLC Attn Barbara Macgregor Mason City lA 5040114604 Woodshire Ln
16000360210003 Michael D & Gail L Hagen Dent MN 56528 901840244 330th Ave
16000360210004 Michael D & Gail L Hagen Dent MN 56528 901840244 330th Ave
16000360210900 Michael & Sandra Milburn Et Al Bloomington MN 55437 314311239 Xavier Cir
Thursday. Seotember 16. 2021 Page 1 of 1
Buffer Mail
Address iName City, State, ZipAddress 2
B2p2 LLC 4 Woodshire Ln Mason City lA 50401 1460
John V & Renae M Carlson 414 Rambling Creek Cir SE Saint Michael MN 55376 9480
James & Barbara Ebert PO Box 188 Dent MN 56528 0188
Michael D & Gail L Hagen 40244 330th Ave DentMN 56528 9018
Edward V Lodin 40504 330th Ave Dent MN 56528 9018
Michael & Sandra Milburn Et Al 11239 Xavier Cir Bloomington MN 55437 3143
Thursday, September 16, 2021 Page 1 of 1