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Home My WebLink About47000990435000_Variances_07-10-2003Variances 2 Barcode 128 1-10 -2003 933325 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that ^ 1 - .r- this instrument # was fiied/recorded in this office for record on the i!^/i).day of I7l//y________^2003 at irk)fm/^m WendyJL4(Ietc^, ^un^Record^ Scy\ Deputy Chc4^0,(/) recording fee ^ __^weii certificate L\R THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLiCATiON FOR VARiANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us COMPLETE THIS APPLICATION IN BLACK INK Application Fee . Receipt Number. / 75'■, oO rkC/3Co<f}33 ’VU'SCs t^/L>~ Accepted by / Date PROPERTY OWNER €aI -V DAYTIME PHONE C> SI ' I MAILING ADDRESS l^30 ^ SS/oS* LAKE NUMBER S&~l4-\LAKE NAME_Rv^_lziLAKE CLASS Bb SECTION D.\ TOWNSHIP I35~ RANGE TOWNSHIP NAME_ PARCEL yl -n ^ ^ ^NUMBER l/~C>0O~^^ -043S -Q GO E-911 ADDRESS. 0+4-0 sW4 LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback____ Structure Size_____Sewage System ^ Subdivision_____Cluster_____Misc. SPECIFY VARIANCE REQUESTED .S Cvj\T re 7' Xy. il.u3 I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND/& RESOURCE MANAGEMENT REGARDING THIS MATTER. (>l(^j0'-^ DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Appiicant Wili Receive Notification As To The Date/Time Of Hearing)RECEIVED JUN 0 9 2003 LAND & RESOURCE _ ___'Ms Refec jrce [•■lancigcrtiefU)R^^^^ - s' /<^ .^30 .43f , ^. ..........._^31,. '-..Vi - '■ f ' ' M-‘PSec ^1- ^....... H3A ■ 1- ^33 1 ■^-001 -^■34 4-^3 itfj-000 'T3.5 444 q U^etijcp 1^31 ■ / ■ ~ ^ ‘ '' ; ' ■ 'f ■, '.i V'., ■■■ ^3^ ■ ~3 i '' '" " I-'; : li ?'*-• t 1 i^' o :..4- W ' ., ' • Date Of Hearing /o ipod3 Time Motion 'i I. •■ '■. A- Neal and Sheilagh Johnson - Denied. (6:35 p.m.) Motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested. The applicants rhust move the septic tank to a location that complies with the required setback on or before September .1, 2003. The following vyas also noted: 1.) the 10’ separation is necessary to protect the health of the p'ublic;^2.) there :is adequate area on the'applicants! property to.place the septic tankJn a location that does ■1.T.; r. c 'i .i'. 1V Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No 7;. i.:SJisS7,;j siiii Copy of Application Mailed to Applicant And the MN DNR, , Ho- /46ess^9f^ n^'to Of HearirAs ■ ifne ___________________________________Chaira'ian/Otter'Tail Ccur.iy Board of .Adjustment BK-0402-001 311,491 ♦ Victor Lundeen Co . Printers • Fergus Falls, MN • 1-800-346-4870£Mrrnjt'(s! reqiiired from Land & Re.sourcs Management ______Yes (Corriact Land &. Resource Management:) H3>o 4^ 3^0 34^A sVrc-^ ^0 S^ we^'' RECEIVED JUN 0 9 2003 LAND & RESOURCE Neal and Sheilagh Johnson 1430 Goodrich avenue Saint Paul, Minnesota 55105 sheilagh.johnson@mpls.kl2.mn.us June 6,2003 Otter Tail County Board of Adjustments County of Otter Tail 121 West Junius Fergus Falls, Minnesota 56537 /deceived 0 9 2003 & resource Dear Board Members Attached is our application for variance for the septic system located on our property on Rush Lake. We are also enclosing the $175 application fee in good faith but ask that you read this letter before processing the fee. To begin with we would ask that you read the attached letter that was sent to Inspector Mark Ronning and David Hauser, County Attorney. This letter details the errors made by County Officials and the cost we’ve incurred because of these mistakes. As you can see from the attached letter, we have tried to follow established rules and work with County Officials to make sure we complete our projects correctly. Our frustration continued when we called to ask about lengthening the recent addition and were given the “Okay” by Eric Babolian. We will admit that we are naive about all of the regulations and that is why we called. Our feeling is that for us to pay an additional $175 for the application or the cost of moving the tank (which would further decrease the amount of usable land we have - we lost a significant portion of our lot when the plat was changed to wet land) would be very unfair and would imply that County Officials are not responsible for their actions. We feel terrible for the mistake, we feel terrible for the previous mistakes, and we feel terrible about this entire matter getting to this point. We want to be part of this community and we want to follow the rules established but it seems that every time we try to, we get knocked for additional costs. We would ask at this point to consider our request for variance and to wave the application fee. We think this would be a fair compromise based on the costs we have already incurred. Neal and Sheilagh Johnson cc: David Hauser - County Attorney LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us received JUN 0 9 2003 land & RESOURCE 28 May 03 Neal & Sheilagh Johnson 1430 Goodrich Ave Saint Paul, MN 55105 Re: Rejected Site Permit #19617 issued for Parcel #47000990435000, located on Rush Lake (#56-141) at 48380 366"' Street Reference: My Itr of 15 April 03 (copy attached) Dear Mr. & Mrs. Johnson, Our County attorney has rescinded his earlier guidance to us concerning “after the fact” variance requests. If you care to submit a variance application to petition the “Board of Adjustment” to allow you to leave your septic tank at the present 7 feet from your dwelling you may now do so. I have enclosed the appropriate application forms and schedule. 1 would like to get this situation resolved as soon as possible, so please have your variance application in or have a septic system professional take out a permit with us to move the tank by 12 June 03. Sincerely, Deportment of Mark Running, Inspector LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Department of 15 April 03 Neal & Sheilagh Johnson 14-30 Goodrich Ave Saint Paul, MN 55105 Re: Rejected Site Permit #19617 issued for Parcel #47000990435000, located on Rush Lake (#56-141) at 48380 366*^ Street 1 have not received your application for an “after the fact” variance for your septic tank to be less than 10 feet from your dwelling. 1 measured it at 7 feet on 30 Sept 02. 1 sent you a variance application package on 7 Oct 02. 1 have heard nothing since then from you. The County Attorney has informed us that “after the fact” variances are no longer appropriate and that substandard situations are to be referred to his office for charging. Therefore, leaving the tank in place is no longer an option, it must be moved to a legal distance from the dwelling (at least 10 feet). Please have a septic system professional take out a permit with us to move the tank by 15 May 03, or 1 will have to refer this situation to the County attorney. Sincerely, Mark Ronning, Inspector OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 16th, day of June, 2003 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Neal and Sheilagh Johnson, 1430 Goodrich Ave, St. Paul, MN 55105 Russel Kadow, Twp Clerk of Otto, 38531 470*'' Ave, New York Mills,MN 56567 Rush Lake Assoc., PO Box 42, Perham, MN 56573 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus FalLs, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: June 16th, 2003 Wayne Stein, Secretary Otter Tail County Board of Adjustment By Vi Manderud TT9T-0C^'SS MH '31N3D MA3>JOOy8 N 3AV H199 99Z 5MALLEV 2124 22MD ST E MINNEAPOLIS, MN 55404-3159 DNnOA V VI8VH T NOSVr MARK M & PAULA M BURROWS NH 'M01DNIM0038 « IS H1S0T 00TS 18784 86TH PL N OSSEO, MN 55311-1692 VMSVIVH 3 SMIiSiaHD 1 d NIA3M DONALD A L KATHY K DAY frZ.I0-Z.8CSS NU 'VIN03VM frZ.T X08 Od 13570 HEMLOCK LN N DAYTON, MN 55327-9532 S33XNIM V S3HVr BRIAN C & THERESA BLOOMQUIST ?.frZ.C-CfrfrSS NH 'MdVd NA3>J0088 --------------------------N- 3AV 11088V GGC8- 6306 PERRY AVE N _BRppKLY_N_ CENJE, MN 55429-2062 I8niDnV3 H Z3NI H 0IH3AVS THOMAS J i TAMI K COOPER G068-C0CSS HH 'VNDNV MN 3AV HlfrGT TT0S 6727 FISH LAKE RD E OSSEO, MN 55369-5405 AVaAmi03H N333H1VM 'S T A8VD JOHN P L LINDA HOLLENKAMP 9Zfrl-c:.Z.GSS NH '3NV3 dOIdd 3N 381 3Da3S831VM 00GfrT 32664 MEADOW LN SAINT JOSEPH, MN 56374-9620 NOSI880H V8V88V8 ^ M S338VH3 NEAL B & SHEILAGH JOHNSON frCG.Z-i'CfrSS NH 'Vd 3XV3 9NI8dS 3N 3NV3 M3IA3MV3 8GZ.Z. ) 1430 GOODRICH AVE SAINT PAUL, MN 55105-2307 SS3ND0H H A3NVN KEVIN P HALASKA ET AL 6CZ.G-8Z.08S ON '0D8V3 1S3M T# 13 IS HIS GTS 5100 105TH ST W i BLOOMINGTON, MN 55437-2835 N0SN3183 H V8nV3 1 O QIAVP LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Department of 17 July 03 Neil & Sheilagh Johnson 1430 Goodrich Ave Saint Paul, MN 55105 RE: Ruling of the Otter Tail County Board of Adjustment (BOA) concerning moving of septic tank on parcel #47000990435000 located at 48380 366* street, Rush Lake #56-141 Mr. & Mrs. Johnson, this letter is to confirm our receipt of the BOA’s order for you to move the subject tank to a legal location NET 1 Sept 03. LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Department of 28 May 03 Neal & Sheilagh Johnson 1430 Goodrich Ave Saint Paul, MN 55105 Re: Rejected Site Permit #19617 issued for Parcel #47000990435000, located on Rush Lake (#56-141) at 48380 366“’ Street Reference: My Itr of 15 April 03 (copy attached) Dear Mr. & Mrs. Johnson, Our County attorney has rescinded his earlier guidance to us concerning “after the fact” variance requests. If you care to submit a variance application to petition the “Board of Adjustment” to allow you to leave your septic tank at the present 7 feet from your dwelling you may now do so. I have enclosed the appropriate application forms and schedule. I would like to get this situation resolved as soon as possible, so please have your variance application in or have a septic system professional take out a permit with us to move the tank by 12 June 03. Sincerely, Mark Running, Inspector LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Department of 15 April 03 Neal & Sheilagh Johnson 1430 Goodrich Ave Saint Paul, MN 55105 Re: Rejected Site Permit #19617 issued for Parcel #47000990435000, located on Rush Lake (#56-141) at 48380 366* Street 1 have not received your application for an “after the fact” variance for your septic tank to be less than 10 feet from your dwelling. 1 measured it at 7 feet on 30 Sept 02. I sent you a variance application package on 7 Oct 02. I have heard nothing since then from you. The County Attorney has informed us that “after the fact” variances are no longer appropriate and that substandard situations are to be referred to his office for charging. Therefore, leaving the tank in place is no longer an option, it must be moved to a legal distance from the dwelling (at least 10 feet). Please have a septic system professional take out a permit with us to move the tank by 15 May 03, or 1 will have to refer this situation to the County attorney. Sincerely, Mark Ronning, Inspector RECEIVED APR 2 3 2003 LAND & RESOURCE Neal & Sheilagh Johnson 1430 Goodrich Avenue Saint Paul, MN 55105 April 17,2003 Mark Ronning Land and Resource Management Otter Tail County 121 West Junius Avenue, Suite 130 Fergus Falls, Miimesota 56537 Dear Mark Ronning, We are writing in response to your letter dated April 15, 2003. Before we address what you have in your letter, we would like to provide you with some additional information that we think comes into play. In 1996 we sold a 10-acre, riverfront, 2-story vacation property located near the town of Big Fork in northern Minnesota. We traded this for a 1/2-acre, lakefront, and dilapidated boathouse outside of New York Mills. The reason for such a change was the people. Our old cabin was surroimded by neighbors who were dishonest, uneducated, and overall had a negative influence on our family. When we visited New York Mills and Perham we met educated, positive, outgoing people; people we would love to have my family influenced by. Because of this we agreed to “trade down” on properties with the anticipation of “trading up” on the quality of people around us. While the majority of the people we have met have lived up to our expectation, we have to admit that are not totally pleased with how the County has handled their end. To start, we purchased our property from a developer who sectioned up a larger property into 12 lots. All of the lots had gone through the plating process and were given legal descriptions. Not long after we purchased our property we wanted to put through a driveway so we could access our cabin. As we applied for our application (like all good residents should) we were then told that a large part of our property should have been designated wetland and that we could not put a driveway through. This was after the property was already plated and sold as not being wetland. We were told that the inspector “missed it”. Because of the “miss” we were forced to miss work, travel 200 miles to Fergus Falls, and pay a $90 application fee to attend a meeting to plead my case. What made the meeting even more fhistrating was that we had a Minnesota DNR agent agreeing with that this was not wetland. County representatives would not change their stand. As a result, the cost of our driveway went up significantly, the value of our property dropped significantly, and our ability to add a garage has disappeared. We reluctantly accepted the Board’s decision (trying to be a good neighbor) and paid the extra costs to finally have access to our cabin. Still, the Board showed no compassion for their error or the additional cost their error created for our family. This is not exactly why I chose Otter Tail County. As time went on, we rehabbed our old boathouse into a small cabin that our family could enjoy. We did everything we could to be good neighbors. We bought our supplies locally; we used local contractors, visited local restaurants, hardware stores, etc. Finally the time came when we could actually put on a small addition and an indoor bathroom for our four daughters. Again we tried to follow all the necessary steps. We hired a local contractor, completed and filed our application, and bought our supplies locally. After visiting with our carpenter we agreed that the original size of the addition would provide very little additional living space for our family. With this recommendation, we contacted Eric Babolian at your office and asked about making the change and if there would be any problems. Eric said that it would be fine and all we had to do was send him an updated drawing. At this point we contacted our carpenter and gave him the go ahead. In October we received a letter fi-om you stating that we were out of compliance by having our addition 3 feet too close to our septic system. As soon as we received this letter, we called your office and asked what we needed to do. You informed us of several items; 1) there is an application for variance that needed to completed, 2) the cost of the application was $150, and 3) “You probably won’t get a variance”. We really appreciated the vote of confidence but decided to try anyway. Once we received the variance kit, we saw that the only remaining scheduled meeting was December 4,2002. Because of previously scheduled events that day, we would not be able to attend. We called your office and left you a voice mail stating that we would not be able to make this last meeting and that we would plan on making one of the spring meetings. We also asked that you let us know if this would be a problem or if there was someone else we should contact. Because we did not hear from you, we assumed this would be okay. This brings us to your letter dated April 15, 2003. First off, we take offense to the threatening tone of your letter. We have done everything we could to try and make this entire process work both financially and legally. Your threatening of contacting the Coimty Attorney brings back the dark days of our time in Big Fork. Although we have tried to do the right thing up to this point, it appears that the County is trying to bully us now. Good neighbors are like bank accounts, sometimes you make deposits, and sometimes you make withdrawals. If all you do is make withdrawals, the account is closed. The way we see it is Otter Tail Goimty has been making lots of withdrawals and no deposits. We think it would be a good idea to even the accounts before we discuss moving the septic. Below is a summary of costs we have incurred because of your department’s inability to perform (missing/mislabeling wetland and giving the “go ahead” on the addition change that put us out of compliance) on what they are required to do. • Septic =..................................................... $1,900 \ • Driveway construction =...........;................................................................$150 • Driveway culvert =...................................,..................................................$93 • Purchase of County wetland from Hwy dept to offset driveway =..............$100 • Well placement =.......................loss of land use to avoid being near wetland • Electric =..........................,....... $168 • Loss of land use and land value =............................................................$8,000 ■ I ■ Total cost incurred because of County mistakes =..........................$10, 401 Up until this point we have tried to be reasonable because we want to be “good neighbors”, we want to be proud of Otter Tail County and speak well of its residents, its cities, its businesses, but it becomes difficult when County Agencies and officials don’t admit and/or correct their mistakes and then threaten its landowners and taxpayers. We would be happy to contact our septic contractor and have them move the septic tank three measly feet if Otter Tail County would be willing to either pay for the cost of moving the tank or reimburse us for the costs of your agency’s prior mistakes. We are embarrassed to write this letter, to be part of a county system that is so arrogant, and beginning to have second thoughts of why we chose Otter tail County in the first place. Please feel free to call me at work 651-603-6490 or at home 651-699-8211 in the evenings. We would appreciate your time looking in to this matter. Neal and Sheilagh Johnson 1430 Goodrich Avenue Saint Paul, Minnesota 55105 cc: David Hauser - County Attorney Bill Kalar - Land and Resource Director Senator Cal Larson Representative Bud Nomes Representative Desin Simpson