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HomeMy WebLinkAbout16000990459000_Variances_12-09-2021/2- 1272107Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 01/25/2022 08:55 AM FEE; 46.00 PAGES 4 WELL CERTIFICATE REC'D; N - RECEIVED NOV II 2021 °5j\ND & RESOUBCl CO r-- c-4r-“ X CO L&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 wvi/w.co.otter-tail.mn.usOTTCR TflU — io2-\ - o4o Application Fee Receipt Number Accepted by u - le -^-lDate Property Owner Name Jason & Maira Huber Address 33469 Charlie Trapp Road (Lots 48 & 49) City Dent State MN ‘56bc'-T»zip 56528 Daytime Phone 701-799-7874 or 701-799-7875 Email hubermaira@gmail.com Parcel Information Lake No 5W''30W^5W-IWlB Lake Name Lake Class rd / neWest McDonald & Brown Lake Parcel Number(s)16000990458000 Lot 48 Parcel Number(s)16000990459000 Lot 49 Township Name SectionDora Legal Description Section: 24, Township: 136, Range: 041 Crystal Beach ^ AH \ Physical Address 33469 Charlie Trapp Road, Dent MN 56528 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback □0 □✓Structure Size SubdivisionSewage System □0ClusterWECSMiscellaneous 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:_______ We are requesting a variance for a shed which falls 32-0" from the OHWL of West McDonald lake, and 34'-0" from the OHWL on Brown lake. The structure meets the road and side yard setbacks, however due to the nature of the lot we are unable to meet the setbacks for both OHWL's. We are also requesting a variance to modify the Impervious Surface Area within the Shore Impact Zone from an allowable 1,713 square feet to 2,852 square feet due to the lot falling within both SIZ's. Please note that the building and total impervious surface totals will not exceed the allowable percentages of 20% & 25%. Lastly, we are requesting a variance to allow for the proposed septic system to be 27'-0" from the OHWL of Brown lake since we cannot me the 50' setback to that lake. Please see attached drawings and supplemental information.______________________________________________ Shoreland Management Ordinance / Sanitation Code Sec. 6, Subp 4(A) / Sec. 8, Subp. 4(B-1) / Sec. 10, Subp. 1(C) 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 1S.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 15.99, 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 THApcrm THIS MATTER. J ER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT UND & RESOURCE MANAGEMENT REGARDING / "■^^^URE OF PROPERTY OWNER/AGENT FOR OWNER //. /7. Zot!y DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time Motion Jason & Maira Huber - Variance AppUcation Approved as Requested (7:41 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Michael Donoho and earned to approve the variance request to construct a shed 32’ fi'om West McDonald Lake, 34 fi'om Brown L^e and to allow the impervious surface coverage in the shore impact zone to be 2852 sq.ft, ^d also approve the septic systein to be 27’ to Brown Lake. This decision is based on the Findings of Fact and Decision Form, which contains the entma reviewed and the Board’s finding have been attached to and incorporated as an official part of the mmutes which have been placed on file with the Land «fc Resource Management Department. T ChaifTnan/OtterTail County Board of Adjustment XPermit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management /bwitwlu)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 Tflll oeatTT ■■■■tioTa 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:Jason & Maira Huber Address/Parcel No. 33469 Charlie Trapp Rd / 16000990458000 & 16000990459000 Requested Variance: We are requesting a variance for a shed which falls 32'-0” from the OHWL of West McDonald Lake, and 34'-0" from the OHWL on Brown Lake. The structure meets the road and side yard setbacks, however due to the nature of the lot we are unable to meet the setbacks for both OHWL's. We are also requesting a variance to modify the Impervious Surface Area within the Shore Impact Zone from an allowable 1,713 square feet to 2.852 square feet dur to the lot falline within both SIZ's. Please note that the building and total impervious surface totals will not exceed the allowable percentages of 20% & 25%. Lastly, we are requesting a variance to allow for the proposed septic system to be 27'-0" from the OHWL of Brown Lake since we cannot meet the 50' setback to that lake. Please see attached drawings and supplemental information which is on file at Land & Resource Management. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS U Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: SMO - Section 6. Subp 4 A. & Section 8 Subp 4 B1 and Sanitation Code - Section 10, Subp. 1(c) 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: Since the changes of the ordinance, we need to address the shed and clarify the verbiage of the project. 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: There are similar structures and land uses in the neighborhood with similar setbacks. 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 unigue 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. 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 the 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 proposed location will center the proposed shed between the 2 lakes. The Otter Tail County Board of Adjustment: APPROVES_j(the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. "DetmmTtewwiieDATED: December 9, 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. Bruce Foikdahl - Continued Bruce Foikdahl, property owner represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and carried to deny the variance request to replace the existing dwelling being 4.5’ from the Lot line. 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. Jason & Maira Huber - Variance Application Approved as Requested (7:41 p.m.) Jason & Maira Huber, Lots 48 & 49 Blk 1 of Crystal Beach, West McDonald Lake (56-386) in Dora Township requested the following: We are requesting a variance for a shed which falls 32’-0” from the OHWL of West McDonald Lake, and 34’-0” from the OHWL on Brown Lake. The structure meets the road and side yard setbacks, how ever due to the nature of the lot w e are unable to meet the setbacks for both OHWL’s. We are also requesting a variance to modify the Impervious Surface Area within the Shore Impact Zone from an allowable 1,713 square feet to 2,852 square feet due to the lot falling within both SlZ’s. Please note that the building and total impervious surface totals will not exceed the allowable percentages of 20% & 25%. Lastly, we are requesting a variance to allow for the proposed septic system to be 27’-0” from the OHWL of Brown Lake since we cannot meet the 50’ setback to that lake. Please see attached drawings and supplemental information which is on file at Land & Resource Management. Jason & Maira Huber, property owners and Chris Hawley & Grant Simonson of Chris Hawley Architects represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion, seconded by Michael Donoho and carried to approve the variance request to construct a shed 32’ from West McDonald Lake, 34’ from Brown Lake and to allow the impervious surface coverage in the shore impact zone to be 2852 sq.ft, and also approve the septic system to be 27’ to Brown Lake. 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. Other Business - None With no further business, Darren Newville, Chair declared the meeting adjourned at 7:55 p.m. Prepared by: Amy Busko, Secretary The minutes were emailed on January 11, 2022, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment December 9, 2021 Page I 3 STAFF REPORT Jason & Maira HuberAPPLICANT: 33469 Charlie Trapp Rd, Dent, MN 56528, 16000990458000LOCATION: LAKE NAME/NUMBER/CLASS:West McDonald, 56038600, Recreational Development We are requesting a variance for a shed which falls 32'-0" from the OHWL of West McDonald Lake, and 34'-0" from the OHWL on Brown Lake. The structure meets the road and side yard setbacks, however due to the nature of the lot we are unable to meet the setbacks for both OHWL's. We are also requesting a variance to modify the Impervious Surface Area within the Shore Impact Zone from an allowable 1,713 square feet to 2,852 square feet due to the lot falling within both SIZ's. Please note that the building and total impervious surface totals will not exceed the allowable percentages of 20% & 25%. Lastly, we are requesting a variance to allow for the proposed septic system to be 27'-0" from the OHWL of Brown Lake since we cannot meet the 50' setback to that lake. Please see attached drawings and supplemental information which is on file at Land & Resource Management. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair 3hr.'.'. see':'" 'esjlTs‘c' 33469 m Mmm/ ' .r3“ 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 6, Subp. 4 Placement of Structures and Sewage Treatment Systems on Lots Structures and accessory structures must be located to meet all setbacks, and comply with the following OHWL setback provisions: Table IV Setbacks for Structures on a Lot StructuresClassification Natural Environment 200 Recreational Development 100 General Development 75 Transition 150 Agriculture, Urban and Tributary 100 Section 8, Subp. 4 (B) 1) Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of a planned unit development, must not exceed 15% of the area of the SIZ. 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. LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Jason & Maira Huber 732 15*'^ Ave E West Fargo ND 58078 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, December 9, 2021, 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 expressed by mail or emailed to land(Sco.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. - 16000990458000 & 16000990459000 Lots 48 & 49 BIk 1 of Crystal Beach Section 24, Township 136, Range 41 Township Name - Dora West McDonald Lake (56-386), Recreational Development (RD) Brown Lake (56-1628), Natural Environment (NE) 33469 Charlie Trapp Rd., Dent MN 56528 Lake Name/Number/Class: Property Address: The variance requested is the following: We are requesting a variance for a shed which falls 32'-0" from the OHWL of West McDonald Lake, and 34'-0" from the OHWL on Brown Lake. The structure meets the road and side yard setbacks, however due to the nature of the lot we are unable to meet the setbacks for both OHWL’s. We are also requesting a variance to modify the Impervious Surface Area within the Shore Impact Zone from an allowable 1,713 square feet to 2,852 square feet dur to the lot falling within both SIZ's. Please note that the building and total impervious surface totals will not exceed the allowable percentages of 20% & 25%. Lastly, we are requesting a variance to allow for the proposed septic system to be 27'-0" from the OHWL of Brown Lake since we cannot meet the 50' setback to that lake. Please see attached drawings and supplemental information which is on file at Land & Resource Management. .\iny Busko Board of Adjustment Secretary November 24, 2021 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTCRTim GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT. ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT. BETWEEN OCTOBER & MARCH I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my described on Application(s) dated property/project (Tax Parcel # l0i)CD9^D4<(in^ onn) my II. /7. Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I [ I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). ft >ArtA-i'i PR^ERTY OWNER/DATED LR' Petm; Walvor 60 Day Rulo 03-17-2020 Compliance inspection report formMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 m’l Existing Subsurface Sewage Treatment System (SSTS) Doc Type: Compliance and 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://www. pea, state, mn. us/sites/default/files/wg-wwists4-31 a. odf. Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of final determination of compliance or noncompliance. Property information Local tracking number: Parcel ID# or Sec/Twp/Range: 16000990458000 & Property address: 16000990459000 - 33469 Charlie Trapp Rd, Dent MN Owner/representative: Jason & Maira Huber, rep Grant Simonson @ Craftwel Brief system description: one 900 gallon round concrete holding tank System status Local regulatory authority: Otter Tail County Owner’s phone: 701-478-4600 System status on date (mm/dd/yyyy): 11/16/2021 □ Compliant - Certificate of compliance* (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement 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) - Imminent threat to public health and safety E 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) - Noncompliant - local ordinance applies Comments or recommendations ^ Noncompliant - Notice of noncompliance An imminent threat to public health and safety (ITPFIS) 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 or 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 system. 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 this form. Business name: Super Septic Inc of Pelican Rapids Inspector signature: Wayne Johnson Certification number: C2520 License number: L901 (This document has been electronically signed)Phone: 218-863-7500 Necessary or locally required supporting documentation (must be attached) □ Operating Permit□ Tank Integrity Assessment□ Locally required forms□ Soil observation 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 - Compliance component #1 of 5 Compliance criteria:Attached supporting documentation: □ Other: ________ ______ □ Not applicable □ Yes* S NoSystem discharges sewage to the ground surface □ Yes* S NoSystem discharges sewage to drain tile or surface waters. ________ System causes sewage backup into dwelling or establishment.________ □ Yes* S No Any “yes” answer above indicates the system is an imminent threat to public health and safety. Describe verification methods and results: pumped and cameraed tank, no signs of backup 2, Tank integrity - Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: ^ Pumped at time of inspection□ Yes* M NoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit?________________Name of maintenance business:Super Septic E Yes* □ NoSewage tank(s) leak below their designed operating depth? License number of maintenance business: L 901 Date of maintenance: □ Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): 11/16/2021 (must be within three years) (See form instructions to ensure assessment complies with Minn. R. 7082 0700 subp. 4 B (1)) □ Tank is Noncompliant (pumping not necessary - explain tjelow) □ other:_____________________________ If yes, which sewage tank(s) leaks:none Any “yes” answer above indicates the system is filing to protect groundwater. Describe verification methods and results: Observed empty tank, tank is an old round tank with a seam in the middle, tank level exactly at seam before pumping, concrete is black below seam, and grey above seam, indicating the tank has turned septic, and then leaked out the seam. https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 2 of 4 651-296-6300 800-657-3864 3. Other compliance conditions - Compliance component #3 of 5 3a Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes' S No □ Unknown 3b, Other issues (electrical hazards, etc) to immediately and adversely impact public health or safety? □ Yes' S No □ Unknown *Yes to 3a or 3b - System is an imminent threat to pubiic 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’ S No □ Yes' S 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 S 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? □ Yes □ No Any “no” answer indicates noncompliance. Describe verification methods and resuits: □ Yes S No if “yes”, A beiow is required □ Yes □ No Attached supporting documentation: □ Operating permit (Attach) □ Use your preferred relay service • Available in alternative formats Page 3 of 4 https://www.pca.state.mn.us wq-wwlsts4-31b • 1/11/21 651-296-6300 800-657-3864 5. Soil separation - Compliance component #5 of 5 H UnknownDate of installation (mm/dd/yyyy) H Yes □ NoShoreland/Wellhead protection/Food beverage lodging? Attached supporting documentation: □ Soil observation logs completed for the report (Attach) □ Two previous verifications of required vertical separation (Attach) 13 Not applicable (No soil treatment area) Compliance criteria (select one): □ Yes □ No*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 □ 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 B. Periodically saturated soil/bedrock C. System separation D. Required compliance separation* *May be reduced up to 15 percent if allowed 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. *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 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 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. Available in alternative formats Page 4 of 4 Use your preferred relay servicehttps://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 Jason & Maira Huber 33469 Charlie Trapp Rd Dent, MN 56528 Parcel# 16000990458000 & Parcel# 16000990459000 North t r\ r S3 ITO o JE Ie !o I1 I/bo \IWellII II II cabin II I//........Setback Line • ■ — lot Line;//Sewer Line & Drain Field Structures Scale: 1" = 30' |<— 30.00' —)| Super Septic & Excavation Wayne Johnson, Advanced Designer/Inspector 38992 183rdAve Pelican Rapids, MN 56572 License # 901 218-863-3373 otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 33469 Charlie Trapp Rd, Dent MN 56528 16000990458000 /16000990459000PINProperty Address Property Area (from GIS or Survey):Square Footage of Lot Acres x 43,560.26 A1Acres 11427 Total Area Allowed for Buildings A1 X .20 Total Area Allowed for Impervious Surface A1 X .25 2856.75A2 A3 ft^2285.4 List ALL existing structure footprint areas List ALL existing other impervious surfaces Totai impervious Surface Description Area Description Area 722 re 405 822 ft^B1Dwelling and Attached Garage Otiveway/Parking area(s)Total Impervious-Buildings 651 ft^ft^ft^ClDetached Garage Patio/Sidewalk Total Impervious-Other Total Impervious Surface B1 +C1100 1473ft^D1Shed(s)Retaining wall(s) Total Percent Impervious (D1 +A1)x100 12.89%ft^ft^ElMiscellaneousLandscaping 246ft^Recreational Camping Unit Other 1383.75Allowable Total Area Remaining A2-D1 ■ft^Water Oriented Accessory Stmcture 822 651B1Cl 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 1—1 not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 +A1)x100 Reviewed by L&R □ E1 Greater than 15% Exemption Not Allowed Int:Date:B2 7.19% n E1 15% or less Exernption 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 1,463.40 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/ Agriculture, Urban,Tributary Rivers)^ ^100Natural Environment ftLake Classification 75 ft (Transition River) 100fl(NE Lakes) Shore Impact Zone Area S1 xS2S2 S3 11420114.2 ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3x !15 S4 ft^1713 List all structure footprints In the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone Total Impervious Surface AreaDescription Description Area 722 405 ft^S5 822Building(s)Patlo/Sidewalk Buildings 100 S6 651ff^Deck(s)Other Total Impervious Surface S5 + S6 ft^ ft^S7 1473Landscaping/retainging wall(s) Total Percent Impervious (S7+ S3) X 100 ft^12.90%Driveway/Parking area(s) 246 feMiscellaneous Allowable Area Remaining S4-S7 240ft^ft^ 822 fP S6 651 teSIZ Total Impervious-Buildings 35 SIZ Total Impervious-Other 7/1/2021 lin.7J DateraraturePrinted Name otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 Address 33469 Ghaflje Trapp Rd, Dent MN 565gj 16000990458000 /16000990459000PIN Property Area (from CIS or Survey):Square Footage of Lot Acres x 43,560 At.26 ft^Acres 11427 Total Area Allov^red for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X .20A22856.75 A3 2285.4 List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious Surface Description Area Description Area Total Existing Building Impervious from Page 1 Total Existing Impervious- Other from Page 1822 651 tt^B1 C1 Total Proposed Building Impervious678 1807316F1Dwelling and Attached Garage Driveway/Parking area(s) Total Proposed Impervious- Other67ft^1045G1Detached Garage Patio/Sidewalk Total Proposed Impervious Surface F1 * G1________________ 307 2852 ft^ft^H1Shed(s)Retaining wall(s) Total Proposed Percent Impervious (HI ->-A1)x100_______ 24.96%11MiscellaneousLandscaping 11ft^ Recreational Camping Unit Other Allowable Area Remaining A2 4.75HI fe ft'Water Oriented Accessory Structure 1045 fF1807FIG1Total Impervious-Buildings Total Impervious-Other Percent Building Impervious (F1 T A1)x 100 15.81% Allowable Building Area Remaining A3-F1 478.40 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RO Lakes/Agricultral. Urban,Tributary River) o ^ 75 ft (Transition River) ^ 100 ft (NE Lakes)_______________________________ 100 ftLake Classification Natural Environment Shore Impact Zone Area S1 xS2 11420S2114.2 S3ftAverage lot width in the Shore Impact Zone) Total Area Allowed for Impervious Surface S3X.15 S4 1713 ft^ List all proposed structure footprint areas List all proposed other impervious surfaces Total Proposed Impervious SurfaceAreaDescription Description Area Total Existing Building Impervious (Pg 1) Total Existing Impervious- Other (Pg 1)822 ft^651S5S6 1807 ft^678 67 ft=^S8Building(s) Patio/Sidewalk Proposed Buildings 1045 ft=307 ft^S9Deck(s) Proposed Other Total Impervious Surface S8 + S9 2852 ft^ft^fF S10Landscaplng/Retaining wall(s) Total SIZ Percent Impervious (S10 + S3)x 100316 ft^24.97%ft^ Driveway/Parking area(s) 11 ft^fF -1139Micellaneous Allowable Area Remaining S4-S10 fF fF ft" 104^ ft"1807 ft^S'Total Impervious-Buildings 38 Total Impervious-Other 7/1/2021 I'lnauT Qt/lmt’ii/J SigriatBre DatePrinted Name srmCLK ASiETtACK ttVBIO»HCHeDUU\NO, I PDCtimOW 1 oatT\\\\LOT4C \iMOTB:\ExsTiNc mvcnj BROWN LAKE I WEST MCDONALD LAKE ROAD ecHi OF WAYI \ .WAUnVAY § sZ 12flO g< iEXISTING BUILDING/ LOT STATISTICS UirOIAl LOT AREA (LOTS 4U4»]: AUOWAALE impervious SURF, AUOWABLE eSSTING CAt:H\EnSDNG SHHS;EXOUNGW EaiTTNGPA' .. DOSTNOROAD- UAVit.US4SF.2,2USf. roif. 100 Si.SSSiJ. TOSf. 244 Si. 1,472/ 11,427 • lUX IMPOVKMIS %ACE AREA (ISS):ACE BUILDMCS (20VIMP9VC0US SURF QC LU ^5CQ5 I ptojtcmua CONSTRUCTION DOCUMENTS OATI PtOJiCT 11.17.2021 2004iEXISTING SITE PLANir» iff<r EXISTING SITE PLAN I AlOOI CACpJJijL Htvaiow tCHEDUI no.lDDcirmoNl D*iT ACTUAl lire OF lOADirWlDE] BROWN LAKE WEST MCDONALD LAKE s5 Z 15CO g <§BUILDING/ LOT STATISTICS AREA (ion 4U49): VtOUJ WEFACE AREA (2$%): CE BUILDINGS I iH E?msi. UiLEIMPS lEIMPERAU.OWAB VKXSSURFA P«) IAPPROVH) CABIN ttlSDNCROAD:0£ elu iPROPOSED SHO>i PROPOSED DRIVEWAY;PROPOSS) WPIKWAT: PROPOSB) PADOS: PROPOSa>PCt flO iGENERATOR PAD' ns U a.BS2/ii^aM*K Btrnvioui 5 PtOJKTPKAU CONSTRUCTION DOCUMENTS DAq piojEa n.17.2021 2004I VAioyI PROPOSED SITE PLAN ©PROPOSED SITE PLANr» i(Y-<r AlOl 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 24*^ day of November 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 Jason & Maira Huber 732 IS*'’ Ave E West Fargo ND 58078 Michael Kratzke, Clerk Dora Townhsip 45494 Co. Hwy 35 Vergas MN 56587 West McDonald Lake Association PO Box 70 Vergas MN 56587 City Clerk (if located within 2 miles of a city) None m Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (NMr Perham): UJ 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 Id, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Eal :e: Lida LS Littlei4cl 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:South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 lO'*' 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: November 24, 2021 Extra 6 BOA Members _ PC Member____ Envelopes___H TOTAL NOTICES TO PRINT 24 I I Added to Agenda Map \ I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-386) 12-09-21.docx 1 Buffer Parcels Addr 2 Citv St ZiD Naples FL 34114 9220 Addr 1Parcel No Name 2Name 1 1382 Diamond Lake Cir16000240139022 Darle R & Melva J Miller Dent MN 56528 901233525 Charlie Trapp Rd16000990450000 Barbara J Dubs Naples FL 34114 92201382 Diamond Lake Cir16000990451000 Darle R Miller Tst Naples FL 34114 92201382 Diamond Lake Cir16000990452000 Darle R & Melva J Miller Ham Lake MN 55304 54021805 163rd Ln NE16000990453000 Andrew J & Tina S Vagle Ham Lake MN 55304 540216000990454000 Andrew J & Tina S Vagle 1805 163rd Ln NE Dent MN 56528 901233491 Charlie Trapp Rd16000990455000 Gwendolyn Vagle Dent MN 56528 901233491 Charlie Trapp Rd16000990457000 Gwendolyn Vagle West Fargo ND 58078 4020732 15th Ave E16000990458000 Jason & Maira Huber West Fargo ND 58078 402016000990459000 Jason & Maira Huber 732 15th Ave E West Fargo ND 58078 8500556 Lizzie PI E16000990460000 Thomas & Melissa J Heilman Fargo ND 58103 2724910 8th St S16000990461000 Andrew & Leanne Magnotto Fargo ND 58103 272416000990462000 Andrew & Leanne Magnotto 910 8th St S Dent MN 56528 901233578 Charlie Trapp Rd16000990463000 Anthony Moorhouse Et Al 0016000990464000 Commons Lot Dent MN 56528 901233578 Charlie Trapp Rd16000990465000 Anthony Moorhouse Et Al Tax Forfeited Parcel 0016000990466000 State Of Minnesota Fargo ND 58104 60034623 Beach Ln S16000990509000 Robert M & Erica J Hageman Naples FL 34114 92201382 Diamond Lake Cir16000990510000 Darle Miller Naples FL 34114 92201382 Diamond Lake Cir16000990511000 Darle Miller Dent MN 56528 901233491 Charlie Trapp Rd16000990512000 Gwendolyn Vagle Dent MN 56528 901233491 Charlie Trapp Rd16000990513000 Gwendolyn Vagle Dent MN 56528 901233491 Charlie Trapp Rd16000990515000 Gwendolyn Vagle Page 1 of 2Tliesdav. November 23, 2021 Parcel No Name 1 Name 2 Addr 1 33491 Charlie Trapp Rd Addr 2 Citv St Zip 16000990515001 Gwendolyn Vagle Dent MN 56528 9012 16000990517000 Gwendolyn Vagle 33491 Charlie Trapp Rd Dent MN 56528 9012 Tuesday. November 23, 2021 Pase 2 of 2 Buffer Mail mu City, State, ZipAddress 2Address 1Name Anthony Moorhouse Et Al Dent MN 56528 901233578 Charlie Trapp Rd Naples FL 34114 9220Darle R Miller Tst 1382 Diamond Lake Cir Dent MN 56528 9012Barbara J Dubs 33525 Charlie Trapp Rd Fargo ND 58104 6003Robert M & Erica J Hageman 4623 Beach Ln S West Fargo ND 58078 8500Thomas & Melissa J Heilman 556 Lizzie PI E West Fargo ND 58078 4020Jason & Maira Huber 732 15th Ave E Fargo ND 58103 2724Andrew & Leanne Magnotto 910 8th St S Naples FL 34114 9220Darle Miller 1382 Diamond Lake Cir Darle R & Melva J Miller Naples FL 34114 92201382 Diamond Lake Cir Ham Lake MN 55304 5402Andrew J & Tina S Vagle 1805 163rd Ln NE Gwendolyn Vagle Dent MN 56528 901233491 Charlie Trapp Rd Page 1 of 1Tuesday, November 23, 2021 -EXISTING' -CABIN — CytaptULe^i- \\»OC>-IItCTUHE • CO‘iSl«JCnON 2S34UNIVERSIirORIVE SOUTH *3 FARGO. ND S6I034 7 8.4 \ 7 0 I 6 0 0\\ \ \ \I \(\QI <EXmjNG SEPTIC 'ID/NGTAN.C I . BEPEMOVEOJ I EXISTINGFIREPfT O•— (HOro£\\ \\\£STRINGLINE AS SETBACK <• •\[ REVISION SCHEDULE\ NO. DESCRIPTION DATE\ \ \ LOT 48 \ ALL EXISTING STRUCTURES. SPET1C, FIATWORK. LANDSCAPING \ \ACTUAL UNE OFROAD |9‘ WIDE)TO BE REMOVED BROWN LAKE WEST MCDONALD ACTUAL LINE• PATIO- .OF ROAD108 S.F LAKE ROAD RIGHT OF WAY EXISTINGWALKWAY EXISTING PAD 12 S f.CO<NLOT 49 LT)-OlO Z 5 ed g <QEXISTING BUILDING/ LOT STATISTICS <(j ° L- . ed < TOTAL LOT AREA (LOTS 48449): ALLOWABLE IMPERVIOUS SURFACE AS ALLOWABLE IMPERVIOUS SURFACE BU 11.427 S.F. 2B56Sf, 2.285 S F, Q_EA125%): ILDINGS I (20%) EXISTING CABIN; EXISTING SHED: EXISTING WALKWAYS: EXISTING PATIOS: EXISTING ROAD; 722 SF, IOOS.F. 315S.F. 90 S.F. 246 S.F. lU ^ EXISTING DECK 5O' 1,473/ 11,427« 12.8% IMPERVIOUS CO PROiECI PHASECONSTRUCTION DOCUMENTS PROJECT 11.17.2021 2004 DATE y^ioo/ i EXISTING SITE PLAN re 10'-(T EXISTING SITE PLAN S AlOO *RC»-l7fCIUftt • CO'iSlPJCtlON 2534UNIVERSIIYDRtVE SOIHH *3 FARGO, NO Sai03 4 7 6.7 0 I 4 6 0 0 HOT Tue STRINGUNE AS SETBACK REVIStON SCHEDULE NO. DESCRIPTION DATE LOT 48 ACTUAL LINE OF ROAD |9' WIDE) BROWN f‘ —PATIO I LAKE WEST MCDONALD ROPOSED SEPTIC\(HOLDING TANK\\sv-OLAKE ACTUAL LINE\OF ROAD\ \ \ROAD RIGHT OF WAY\ \\\LOT A9 \ \PROPOSED \iSHSJ\307 S.F\\\COCNlO"O-O’31’to\Z5\ \fiOBUILDING/ LOT STATISTICS <Q<TOTAL LOT AREA ALLOWABLE IMP ALLOWABLE IMPERVIOUS SURFACE BUI (LOTS48&49): ERVOUS SURF, 11,427 S/. 2,856 S.F. 2.285 S F.(J °ACE AREA (25%) LDINGS (20%) APPROVED CABIN; EXISTING ROAD: PROPOSED SHED: PROPOSED DRIVEWAY: PROPOSED WALKWAY; PROPOSED PATIOS; PROPOSED AC & GENERATOR PAD: <1.500S.F. 246 S,f. 307S.F. 316S.F. 82 S.F 390 S.F, 11 S.F. 'EXISTING''CABIN LUEXISTING DECK <CO 5IQIALJUC£iUQUUllUA£LAlEAi 2,652/ 11.427 • 24.7% IMPERVIOUS -O PO PROJECT PHASECONSTRUCTION DOCUMENTS PROJECT 11.17.2021 2004 DATE i \Aioy PROPOSED SITE PLAN PROPOSED SITE PLANS 1'. i0'.(r§ s Aims