HomeMy WebLinkAbout22000100076007_Variances_05-12-2022t
1276939
LYNH R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, HN
RECORDED ON
05/19/2022 11:53 AM
FEE; 46.00
PAGES 12
WELL CERTIFICATE REC'D; N
Date Stamp
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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.us
3ol^
qiTfRTIIIl
Application Fee ^OO- OO
Wez. Zo iT-'Di'i'Receipt Number
Accepted by Date
Property Owner
Name Matthew Jennen
Address 14721 State Hwy 210
City Fegus Falls
State MN
Zip 56537
Daytime
Phone 2182051517
Email mattjennen@gmail.com
Parcel Information
Lake Class RQLake No Lake Name784 Long
Parcel Number(s)22-000-10-0076-007
Parcel Number(s)
Iml
TR IN GL 1,75' ON LK X 150’ ON N PAR TO & ADJ. LOT 1 SVENDSGAARD CAMP
CALLED LOT 6
Township Name
Legal Description
SectionElizabeth 10
Physical Address 32394 Long Lake Point Road, Erhard MN 56534
TYPE OF VARIANCE REQUESTED (Please Check)
□0 □structure
Setback □SubdivisionStructure Size Sewage System
□ □□Cluster MiscellaneousWECS
Version Date: 04/07/2020
1
21000 idOoUpoo-j
t
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:_______
Shoreland Management Ordinance
SecSSubp. 4B1 StT _________
Request to exceed the limit of 25% imperviouse surface due to construction of a deck.
h Incr^itSt' It) 3Z-tG^o.
U}lV,V -(rD»v\ LaJl/ .
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 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 THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
y--Z/-2.2.
SI^ATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/TIme of Hearing)
IZ-Date of Hearing Time Uf CO p
Motion
Matthew Jennen - Variance Application Denied (7:11 p.m.)
After consideration and discussion, Darren Newville made a motion, seconded by Rick West, and carried to deny the
variance as requested as the impervious surface would be increased from 24.64% to 32.25% which is over what is
allowed in the Shoreland Management Ordinance. 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/OtterTail County Board of Adjustment
Permit(s) required from Land & Resource Management >CNoYes
Note: If Yes, contact Land & Resource Management
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. DirectorOTTCR Tfllleoi«TT-Hi*a<iov«
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:Matthew Jennen
Address/Parcel No. 32394 Long Lake Point Rd. / 22000100076007
Requested Variance: Request to exceed the limit of 25% impervious surface due to construction of a deck. The existing is
24.64%, proposing to increase impervious surface o 32.25%. The proposed deck will also be 50' from the lake.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 4 & Section 3. Subp. 14
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: Want to expand our deck to accommodate our large family. The lot is
substandard and how the right of wav is. I am unable to use the extra space. Septic is located in the right of wav.
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 shail consider the purposes
and intent of the officiai control).
□ Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The Shoreland Management Ordinance ailows 25% max impervious surface coverage.
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).
□ Yes, the property owner is proposing to use the property in a reasonable manner...
0 No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, iot 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?)
□ Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
X No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The request is a want from the property owner as there is no room for expansion/deck replacement due to the impervious
surface percentage currently onsite.
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, simiiar sized or number of structures adjacent or in area, etc.)
□ 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;
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).
□ 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 OtterTail County Board of Adjustment: APPROVES the requested variance.DENIES X
Complete and attach After-the-Fact Addendum \ith\s is an After-The-Fact variance request.
'WicAaef "Dotto^DATED: May 12, 2022
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.
!
OFFICE OF COUNTY RECORDER
OTTER TAIL WllNNESOTA
I hereby certify that
this instrument It—
was filed/recorded in this office
for record on the day of _
2006 at^iiiitoTbm
Wendy L. Metca/f, County Reccraer
W-i-4Ji/2QAl L nf\ClU\ .Deputy
,CO 0Jr. recording fee
3.0 wpii certificate
UVCcH^aoJ^AJ (^cdtJ^VO LjAJO
a-oAX^
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( filed ( ) not required.
Certificate of Real Estate Value No.08&8C8
rmrujinf-^l c^c06(7 (Year)
Wayne Stein, County Auditor
by
^S\000/000'JhC!0‘7 Deputy
CONTRACT FOR DEED
Individual Seller
Dated: February 15, 2006
THIS CONTRACT FOR DEED is made on the above date by THEONA W. JENNEN,
TRUSTEE OF THE THEONA W. JENNEN TRUST UNDER AGREEMENT DATED
OCTOBER 6, 2004, Seller (whether one or more), and MATTHEW J. JENNEN and BRENT M.
JENNEN, Purchaser (whether one or more).
Seller and Purchaser agree to the following terms;
1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys,
real property in Otter Tail County, Minnesota, described as follows:
That part of Government Lot One (1) of Section Ten (10), Township One
Hundred Thirty-four (134), Range Forty-three (43) West of the Fifth Principal
Meridian, described as follows: Commencing at the Northwest comer of Lot One
(1) of "Svendsgaard's Camp," a plat on record at the County Recorder's office in
said County; thence running South 72°00'00" East 20.50 feet along the northerly
line of said plat, to the point of beginning of the within-described tract; thence
North 10°18'00" East 75.70 feet, along the East line of the road; thence South
72°00'00" East 148.00 feet, more or less, to the water's edge of Long Lake; thence
mnning in a general southwesterly direction along said lake to the northerly line
of said Lot One (1) in said plat; thence North 72°00'00" West to the point of
beginning;
together with all hereditaments and appurtenances belonging thereto (the property).
TITLE. Seller warrants that title to the property is, on the date of this contract,
subject only to the following exceptions:
2.
Covenants, conditions, restrictions, declarations and easements of record,
if any;
(a)
Reservations of minerals or mineral rights by the State of Minnesota or the
United States of America, if any;
(b)
Building, zoning and subdivision laws and regulations;(c)
The lien of real estate taxes and installments of special assessments which
are payable by Purchaser pursuant to paragraph 6 of this contract; and
(d)
(e)The following liens or encumbrances; None.
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt
and full performance of this contract. Seller shall:
(a)Execute, acknowledge and deliver to Purchaser a Warranty Deed, in
recordable form, conveying marketable title to the property to Purchaser,
subject only to the following exceptions:
(i)Those exceptions referred to in paragraph 2(a), (b) and (d) of this
contract;
Liens, encumbrances, adverse claims or other matters which
Purchaser has created, suffered or permitted to accrue after the date of this
contract; and
(ii)
(iii) The following liens or encumbrances: none; and
(b)Deliver to Purchaser the abstract of title to the property or, if the title is
registered, the owner's duplicate certificate of title.
PURCHASE PPJCE. Purchaser shall pay to Seller, at Seller's direction, the sum
of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00), as and for
the purchase price for the property, payable as follows:
4.
$30,000.00 in hand paid, the receipt whereof is hereby acknowledged, and the
balance of $120,000.00 payable in equal annual installments of $11,561.07 each
commencing February 15, 2007, which payment includes interest at the rate of
five percent per annum from February 15, 2006, and will be applied first upon
interest and the balance in reduction of principal. Annual payments shall become
due on the 15th day of each February thereafter until fully paid.
5. PREPAYMENT.Unless otherwise provided in this contract. Purchaser shall
have the right to fully or partially prepay this contract at any time without penalty. Any partial
prepayment shall be applied first to payment of amounts then due under this contract, including
o'-i55"
-2-
unpaid accrued interest, and the balance shall be applied to the principal installments to be paid
in the order of their maturity.
In the event that Purchaser makes a prepayment applied to principal of this contract,
Purchaser shall be entitled to designate this prepayment of principal to any future payments
which are owed as they come due in the order of their maturity, so long as the total principal is
amortized over not less than 15 years. Purchaser may therefore, at Purchaser's discretion, omit a
future scheduled principal payment when due, and shall be ob igated only to pay accrued interest
to the date of payment.
6. REAL ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before
penalty accrues, all real estate taxes and installments of special assessments assessed against the
property which are due and payable in the year 2007 and in all subsequent years. Real estate
taxes and installments of special assessments which are due and payable in the year in which this
contract is dated shall be paid as follows:
Purchaser shall pay all real estate taxes due and payable in 2006.
Seller warrants that the real estate taxes and installments of special assessments which
were due and payable in the years preceding the year in which this contract is dated are paid in
full.
PROPERTY INSURANCE.7.
INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings,
improvements and fixtures now or later located on or a part of the property
insured against loss by fire, extended coverage perils, vandalism,
malicious mischief and, if applicable, steam boiler explosion for at least
the amount of its full insurable value. If any of the buildings,
improvements or fixtures are located in a federally designated flood prone
area, and if flood insurance is available for that area. Purchaser shall
procure and maintain flood insurance in amounts reasonably satisfactory
to Seller.
(a)
OTHER TERMS. The insurance policy shall contain a loss payable clause
in favor of Seller which provides that Seller’s right to recover under the
insurance shall not be impaired by any acts or omissions of Purchaser or
Seller, and that Seller shall otherwise be afforded all rights and privileges
customarily provided a mortgagee under the so-called standard mortgage
clause.
(b)
(c)NOTICE OF DAMAGE. In the event of damage to the property by fire or
other casualty. Purchaser shall promptly give notice of such damage to
Seller and the insurance company.
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8. DAMAGE TO THE PROPERTY.
APPLICATION OF INSURANCE PROCEEDS. If the property is
damaged by fire or other casualty, the insurance proceeds paid on account
of such damage shall be applied to payment of the amounts payable by
Purchaser under this contract, even if such amounts are not then due to be
paid, unless Purchaser makes a permitted election described in the next
paragraph. Such amounts shall be first applied to unpaid accrued interest
and next to the installments to be paid as provided in this contract in the
inverse order of their maturity. Such payment shall not postpone the due
date of the installments to be paid pursuant to this contract or change the
amount of such installments. The balance of insurance proceeds, if any,
shall be the property of Purchaser.
(a)
(b)PURCHASER'S ELECTION TO REBUILD.If Purchaser is not in
default under this contract, or after curing any such default, and if the
mortgagees in any prior mortgages and sellers in any prior contracts for
deed do not require otherwise. Purchaser may elect to have that portion of
such insurance proceeds necessary to repair, replace or restore the
damaged property (the repair work) deposited in escrow with a bank or
title insurance company qualified to do business in the State of Minnesota,
or such other party as may be mutually agreeable to Seller and Purchaser.
The election may only be made by written notice to Seller within sixty
(60) days after the damage occurs. Also, the election will only be
permitted if the plans and specifications and contracts for the repair work
are approved by Seller, which approval Seller shall not unreasonably
withhold or delay. If such a permitted election is made by Purchaser,
Seller and Purchaser shall jointly deposit, when paid, such insurance
proceeds into such escrow. If such insurance proceeds are insufficient for
the repair work, Purchaser shall, before the commencement of the repair
work, deposit into such escrow sufficient additional money to insure the
full payment for the repair work. Even if the insurance proceeds are
unavailable or are insufficient to pay the cost of the repair work. Purchaser
shall at all times be responsible to pay the full cost of the repair work. All
escrowed funds shall be disbursed by the escrowee in accordance with
generally accepted sound construction disbursement procedures. The
costs incurred or to be incurred on account of such escrow shall be
deposited by Purchaser into such escrow before the commencement of the
repair work. Purchaser shall complete the repair work as soon as
reasonably possible and in a good and workmanlike manner, and in any
event the repair work shall be completed by Purchaser within one year
after the damage occurs. If, following the completion of and payment for
the repair work, there remain any undisbursed escrow funds, such funds
shall be applied to payment of the amounts payable by Purchaser under
this contract in accordance with paragraph 8(a) above.
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9.INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
(a)LIABILITY. Seller shall be free from liability and claims for damages by
reason of injuries occurring on or after the date of this contract to any
person or persons or property while on or about the Property. Purchaser
shall defend and indemnify Seller from all liability, loss, costs and
obligations, including reasonable attorneys' fees, on account of or arising
out of any such injuries. However, Purchaser shall have no liability or
obligation to Seller for such injuries which are caused by the negligence or
intentional wrongful acts or omissions of Seller.
(b)LIABILITY INSURANCE. Purchaser shall, at Purchaser's own expense,
procure and maintain liability insurance against claims for bodily injury,
death and property damage occurring on or about the property in amounts
reasonably satisfactory to Seller and naming Seller as an additional
insured.
10.INSURANCE GENERALLY.The insurance which Purchaser is required to
procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an
insurance company or companies licensed to do business in the State of Minnesota and
acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any
amount remains unpaid under this contract. The insurance policies shall provide for not less than
ten (10) days written notice to Seller before cancellation, nonrenewal, termination or change in
coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such
insurance policy or policies.
CONDEMNATION. If all or any part of the property is taken in condemnation
proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat
of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof
shall be applied to payment of the amounts payable by Purchaser under this contract, even if
such an^ounts are not then due to be paid. Such amounts shall be applied first to unpaid accrued
interest and next to the installments to be paid as provided in this contract in the inverse order of
their maturity. Such payment shall not postpone the due date of the installments to be paid
pursuant to this contract or change the amount of such installments. The balance, if any, shall be
the property of Purchaser.
11.
12.WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any
buildings, improvements or fixtures now or later located on or a part of the property, nor shall
Purchaser commit or allow waste of the property. Purchaser shall maintain the property in good
condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims
against the property which constitute a lien or claim against Seller's interest in the property.
Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorneys'
fees, incurred by Seller to remove any such liens or adverse claims.
13. DEEDS AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's
full performance of this contract, pay the deed tax due upon the recording or filing of the deed to
-5-
be delivered by Seller to Purchaser. The mortgage registry tax due upon the recording or filing
of this contract shall be paid by the party who records or files this contract; however, this
provision shall not impair the right of Seller to collect from Purchaser the amount of such tax
actually paid by Seller as provided in the applicable law governing default and service of notice
of termination of this contract.
14.NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest
in the property, a copy of such assignment shall promptly be furnished to the non-assigning
party.
PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money
required under the terms of this contract or fails to perform any of Purchaser's obligations as set
forth in this contract. Seller may, at Seller's option, pay the same or cause the same to be
performed, or both, and the amounts so paid by Seller and the cost of such performance shall be
payable at once, with interest at the rate stated in paragraph 4 of this contract, as an additional
amount due Seller under this contract.
15.
If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any
mortgage, contract for deed, lien or encumbrance against the property which is not herein
expressly assumed by Purchaser, and provided Purchaser is not in default under this contract,
Seller shall timely pay all amounts due thereon, and if Seller fails to do so. Purchaser may, at
Purchaser's option, pay any such delinquent amounts and deduct the amounts paid from the
installment(s) next coming due under this contract.
16. DEFAULT. The time of performance by Purchaser of the terms of this contract
is an essential part of this contract. Should Purchaser fail to timely perform any of the terms of
this contract. Seller may, at Seller's option, elect to declare this contract canceled and terminated
by notice to Purchaser in accordance with applicable law. All right, title and interest acquired
:under this contract by Purchaser shall then cease and terminate, and all improvements made upon
4he property and all payments made by Purchaser pursuant to this contract shall belong to Seller
as liquidated damages for breach of this contract. Neither the extension of the time for payment
of any sum of money to be paid hereunder nor einy waiver by Seller of Seller's rights to declare
this contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel
this contract because of defaults subsequently occurring, and no extension of time shall be valid
unless agreed to in writing. After service of notice of default and failure to cure such default
within the period allowed by law. Purchaser shall, upon demand, surrender possession of the
property to Seller, but Purchaser shall be entitled to possession of the property until the
expiration of such period.
17. BfNDfNG EFFECT. The terms of this contract shall run with the land and bind
the parties hereto and their successors in interest.
-6-
1.
HEADINGS. Headings of the paragraphs of this contract are for convenience
only and do not define, limit or construe the contents of such paragraphs.
18.
SELLER PURCHASERS
Theona W. Jennen Matthew Ljennen
Brent M. Jefmen
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL )
^^day of February, 2006,
by THEONA W. JENNEN, TRUSTEE OF THE THEONA W. JENNEN TRUST UNDER
AGREEMENT DATED OCTOBER 6,2004, Seller.
The foregoing instrument was acknowledged before me this
J. ODEGARD
Notary Publi
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL )
The foregoing instrument was acknowledged before me this I ^ day of February, 2006,
by MATTHEW J. JENNEN, Purchaser.
Tj
Mv Comm'SSion
-7-
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL )
1The foregoing instrument was acknowledged before me this ) 3^d^y of February, 2006,
by BRENT M. JENNEN, Purchaser.
KciiuJ)
Tax statements for the real propeny
described in this instrument should be sent
0 d
Notary Public
to:
Matthew J. Jennen and Brent M. Jennen
14721 State Highway 210
Fergus Falls, MN 56537
FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED
MAY GIVE OTHER PARTIES PRIORITY OVER PURCHASER'S
INTEREST IN THE PROPERTY.
MINNESOTA STATUTORY LAW REQUIRES THE RECORDING OF A
CONTRACT FOR DEED OR AN ASSIGNMENT OF A CONTRACT FOR DEED
WITHIN FOUR (4) MONTHS FOLLOWING ITS EXECUTION.
THERE ARE SEVERE CIVIL AND/OR CRIMINAL MONETARY PENALTIES
FOR FAILURE TO RECORD A CONTRACT FOR DEED.
THE BUYER OR SELLER MUST RECORD THIS CONTRACT FOR DEED
OR ASSIGNMENT WITHIN FOUR (4) MONTHS OF ITS DATE OF SIGNING.
This Instrument Was Drafted By:
PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P.
110 North Mill Street, P.O. Box 866
Fergus Falls, Minnesota 56538-0866
Telephone: 218-736-5493
PSR&K Substitute Form 1099-S
Contract for Deed 3
RWB:ch/ko/cf
2006-2814
-8-
Jody Kidder & David Kellerhuis - Variance Application Approved as Requested (7:05 p.ni.)
Jody Kidder & David Kellerhuis, That Pt of SWl/4 of SWl/4 & That Pt of NWl/4 of SWl/4, Unnamed Lake (56-847) in Buse
Township requested the following: We are proposing to build 84.3 ft closer to shoreline than ordinance of 200 ft. We want to attach
house to existing garage. Approximate setback is 115’, structure will be in line with existing garage lakeside.
Jody Kidder & David Kellerhuis, property owners, represented the variance application. The audience was polled with no one
speaking for or against this application.
After consideration and discussion, Darren Newville made a motion, seconded by David Trites, and carried with Thomas Lee voting
no to approve the variance as requested to construct a dwelling to be attached to the existing garage being 115’ Ifom 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 fmding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land
& Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date
of this variance approval is May 12, 2027.
Matthew Jennen - Variance Application Denied (7:11 p.m.)
Matthew Jennen, Tr in GL 1 75’ on Lk x 150’ on N Par to & Adj. Lot 1 of Svendsgaard Camp Called Lot 6, Long Lake (56-784) in
Elizabeth Township requested the following: Request to exceed the limit of 25% impervious surface due to construction of a deck.
The existing is 24.64%, proposing to increase impervious surface to 32.25%. The proposed deck will also be 50’ from the lake.
Matthew' Jennen, property owner, represented the variance application. The audience was polled with no one speaking for or against
this application. An email was received from Karen & Gerry Schumacher in support of the variance request stating that the proposed
deck will not pose any visual or structural problems for us and fully support their request.
After consideration and discussion, Darren New ville made a motion, seconded by Rick West, and carried to deny the variance as
requested as the impervious surface would be increased from 24.64% to 32.25% which is over what is allow ed in the Shoreland
Management Ordinance. This decision is based on the Findings of Fact and Decision Form, w hich contains the criteria review ed and
the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the
Land & Resource Management Department.
Other Business - None
With no further business, Michael Donoho declared the meeting adjourned at 7:22 p.m.
Prepared by:
Amy Busko, Secretary
The minutes w ere emailed on May 16, 2022. to the Otter Tail County Board of Adjustment. Official action regarding these minutes
w ill be taken by the Board of Adjustment at their next regularly scheduled meeting.
Board of Adjustment
May 12, 2022
Page I 3
Amy Busko
Amy Busko
Monday, May 9, 2022 11:49 AM
Dave Trites; Darren Newville; Mark Johnson; Michael Donoho; Rick West; Terry
Marthaler; Thomas (Tom) Lee
Chris LeClair; Kyle Westergard
FW: Comment regarding Matthew Jennen's variance application
From:
Sent:
To:
Cc:
Subject:
See comments below in regards to the Jennen Variance request.
Thanks
AMY
From: Emma Barry <ebarry@co.ottertail.mn.us>
Sent: Monday, May 9, 2022 7:58 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: FW: Comment regarding Matthew Jennen's variance application
Please see email below.
Thank you,
Emma Barry
Administrative Assistant
Land and Resource Management
540 W Fir Ave
Fergus Falls MN 56537
Direct 218-998-8107 | Office 218-998-8095
ottertailcountvmn.us
m OTTER TAIL
COUNTY - MINNESOTA
Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime See 18 U.S.C. Sec 2517(4). This e-mail message,
including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the
intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
From: kmschumacher51(Sgmail.com <kmschumacher51(Sgmail.com>
Sent: Saturday, May 7, 2022 9:25 AM
To: Otter Tail County Land <land@co.ottertail.mn.us>
Subject: Comment regarding Matthew Jennen's variance applicatior^^
1 You don't often get email from kmschumacher51@amail.com. Learn why this is important
^ki^ptterTail County Board of Adjustment:
This email is being sent to you in support of the variance application submitted by Matthew Jennen....Hearing scheduled
^^|for Thursday, May 12 at 6 p.m.
1
® We have lived next door to Matthew and Erica Jennen for a number of years now on Long Lake and have found them to
be great neighbors. Knowing the type of people they are, their morals and values, we have no concerns or worries
about the type or size of deck they will build or how it will be maintained. We are confident the proposed deck would
not pose any visual or structural problems for us and are fully supportive of their intentions.
Thank you for your consideration.
Karen and Gerry Schumacher
32410 Long Lake Point Rd.
Erhard, MN 56534
Sent from Mail for Windows
2
STAFF REPORT
APPLICANT: Matthew Jennen
32394 Long Lake Point RD, Erhard, MN, PIN 22000100076007, Elizabeth TwpLOCATION:
LAKE NAME/NUMBER/CLASS: Long Lake, 56078400, Recreational Development
APPLICATION: Request to exceed the limit of 25% impervious surface due to construction of a deck. The
existing is 24.64%, proposing to increase impervious surface o 32.25%. The proposed
deck will also be 50' from the lake.
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County Visit the County Website
▼ 2394 LONG LAKE POINT RD X
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
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
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.
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.
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.
A prohibited non-conforming use may not be expanded or improved.
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.
A.
B.
C.
D.
E.
F.
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.
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.
2. Deck location appears to be going overtop of the drinking water well. If approved, place a
condition that deck is approved by MDH meeting required isolation distances in the well code.
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:
Matthew Jennen
14721 State Hwy 210
Fergus Falls MN 56537
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, May 12, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application.
Public comments regarding this application can be expressed by mail or emailed to landpco.otteitail.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:
Parcel No. - 22000100076007
Tr in GL 1, 75' on Lk x 150' on N Par to & Adj. Lot 1 of Svendsgaard Camp Called Lot 6
Section 10, Township 134, Range 43
Township Name - Elizabeth
Long Lake (56-784), Recreational Development (RD)
32394 Long Lake Point Rd., Erhard MN 56534
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Request to exceed the limit of 25% impervious surface due to construction of a deck. The existing is 24.64%,
proposing to increase impervious surface o 32.25%. The proposed deck will also be 50' from the lake.
April 28, 2022 Amy Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
otter Tail County Web Map https://ottertailcountymn. us/
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
32394 Long Lake Point Road, Erhard MN 22-000-10-0076-007PINProperty Address
Properly Area (from GiS or Survey):Square Footage of Lot
Acres x 43,5600 A1 ft^Acres-10300
Total Area Allowed for Impervious Surges
A1 X .25
Total Area Allowed for BuBdings
A1 x^O
A2 ft^2575 A3 2060
List ALL existing structure footprint areas List ALL existing other impervious surfeces
Total Impervious SurfaceDescriptionAreaDescriptionArea
2034 355 2034B1Dwelling and Attached Garage Oriveway/Parking area(s)Total tmpenrious-Buildings
504 feft'149 ClDetached Garage Patlo/Sldewalk
Total Impervious-Other
Total Impervious Surfoce
B1 +C1 2538 ft'ft'ft'D1Shed(s)Retaining wall(s)
Total Percent Impervious
(D1 *A1)x 100 24.64%ft' ft'E1Miscedarwous Landscaping
ft'ft'37Recreational Camping Unit Deck(s)
AllowaUe Total Area Ren^aining A2-D1 ft'
fp fpOther.Water Oriented Accessory Structure
2034 s'504 ft'B1 Cl Project being requested:Total Impervious-Buildings Tot^ Impervious-Other
Accessory structures less than or equal to 120 sq ft
— without a permit This exemption only applies to items
LJ not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impenrious SurfacePercentage
(B1 +A1)x 100
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Date:Int:B2 19.75%
□ E115% or less Exemption Allowed Small landscaping projects under 200 sq ft. This
Q exemption only applies to items not located in the
Shore Impact Zone. Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1 B3 26.00
SHORE IMPACT ZONE
37.5 ft (GD Lakes)50 ft (RD Lakes/ /^riculture. Urban,Tributary Rivers)
75 ft (Transition River)
100 ft (NE Lakes)
Choose the Class ftS1Choose the ClassLake Classification
Shore Impact Zone Area
SI xS2
S2 S3 fe00ftAverage lot width in the Shore Impact Zme
Total Area Allowed for Impervious Surface S3X.15 S4 fp0
List all other Impervious surfoces In the Shore Impact ZoneList all structure footprints In the Shore Impact Zone
Total Impervious Surface
Description Area Description Area
fP S5 ft'ft'0Patio/SidewalkBuilding(s)BuDdings
s'ft'S6 0 ft'Deck(s)Other
Total Impervious Surface
S5 + S6ft'ft'S7 ft'0Landscaplng/retainging wall(s)
Total Percent Irnpervious
(S7+ S3) X 100 0.00%ft' ft'Driveway/Parldng area(s)
fl^fPMiscellaneous
Allowable Area Remainirrg S4-S7 0 fp
fp fe
0 f^SIZ Total Impervious-Buildings 35 S6 ft'0SIZ Total Impervious-Other 7/1/2021
SlgnatiKe/^i^DatePrinted Name
*
/
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
32394 Long Lake Point Road, Erhard MN 22-000-10-0076-007PINProperty Address
Property Area (from GIS or Survey):Square Footage of Lot
Acres x 43.5600 A1 teAcres10300
Total Area AHowed for Impervious Surface
At X .25
Total Area Allowed for Buddings
At X .20
A2 fe 20602575A3
List ALL proposed structure footprint areas List ALL proposed other Impervious surfaces
Total Impervious SurfaceDescriptionAreaDescriptionArea
Total Existing Building
Impervious from Page 1
Total Existing Impervious-
Olher from Page 12034 te 504 fpB1C1
Total Proposed Building Impervious 2034 reF1Dwelling and Attached Garage Driveway/Parking area(s)
Total Proposed Impervious* Other 1288ft^G1Detached Garage PatiofSidewalk
Total Proposed Impervious Surface 3322teteHIShed(s)Retaining wall(s)F1*G1
Totd Proposed Percent Impervious
(HI fADx 100______
32.25%fp 11MiscellaneousLandscaping
784 fPreRecreational Camping Unit Deck(8)
Allowable Area Remaining A2 -747H1
Water Oriented Accessory Structure Other
1288 fP2034 reFI G1Total Impervious-BuikCngs Total Impervious-Other
Percent BuDding Impervious (FI-^AI)xlOO 19.75%
Allowable Building Area Rematrnng A3-F1 26.00 re
SHORE IMPACT ZONE
37.5 ft (GD Lakes)SO ft (f^ Lakes/Agricultral, Urban,Tributary River) c 4
75 ft (Transition River) ^ '
lOOfUNE Lakes)
Choose the Class ftLake dassification Choose the Class
Shore Impact Zone Area
SI xS2 0S2 S3
ft*0 ftAverage lot width In the Shore Impact Zone)
Total Area Alimved for Impervious Sur^ce S3X.1S S4 0 ft*
Ust all proposed structure footprint areas List all proposed other impervious surfeces
Total Proposed Impervious Surface
Description Area Description Area
Total Existing Building
Impervious (Pg 1)
Total Existing Impervious-
Other (Pg 1)0 ft"0S5S6 ft*
0ft*S8 ft*ft*Building(s)Patio/Sidewalk Proposed Buildings
0 teft*ft*sgDeck(s)Proposed Other
Total Impervious Surface
S8 + S9 0ft*ft* ft*S10LarvSscapngiRetainii^ weU(s)
Total SIZ Percent Impervious
(S10 + S3)x100 0.00%ft*ft*Driveway/ParKing area(s)
ft*ft*Micellaneous 0Allowable Area Remaining S4-S10 ft*
ft*ft*
0S80 ft*S9Total Impervious-OtherTotal Impervious-Buiklings 7/1/2021
signatu^^’^DatePrinted Name
Compliance inspection report formMINNESOTA POLLUTION
CONTROL AGENCY
520 Lafayette Road North
St. Paul, MN 55155-4194
rm 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:
httDs://www.Dca.state.mn.us/sites/default/files/wa-wwists4-31a.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: 22000100076007
Property address: 32394 Long Lake Point Rd, Erhard, MN
Owner/representative: Matthew and Erica Jennen_______
Brief system description: Holding tank_____
System status
Local regulatory authority: Otter Tail Co Land and Resourc
Owner’s phone: 218-205-1517
System status on date (mm/dd/yyyy): 4/19/2022
^ 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
Q 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
Q 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 (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 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
I 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, arrd that this information
can be used for the purpose of processing this form.
Business name: Schueller’s Septic Solutions Certification number C3332
License number: L2945Inspector signature: Bill Schueller
(This dcxrument has been electronically signed)Phone: 218-770-9119
Necessary or locally required supporting documentation (must be attached)
Q Operating PermitQ Locally required forms Q Tank Integrity Assessment□ Soil observation logs
□ Other information (list):
https;//www.pca.state.mn.us
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1. Impact on public health - Compliance component #1 of 5
Compliance criteria:Attached supporting documentation:
□ Other: ___________ __________
□ Not applicable
□ Yes* SNoSystem discharges sewage to the
ground surface
□ Yes* E NoSystem discharges sewage to drain
tile or surface waters.
□ Yes* □ 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
Compliance criteria:_______
System consists of a seepage pit,
cesspool, drywell, leaching pit,
or other pit?________________
Attached supporting documentation:
E Pumped at time of inspection□ Yes* E No
Name of maintenance business:Nature's Call
□ Yes* H NoSewage tank(s) leak below their
designed operating depth?
License number of maintenance business: L2403
Date of maintenance:
□ Existing tank integrity assessment (Attach)
Date of maintenance
(mm/dd/yyyy):
8/3/2021
(must be within three years)
(See form instructions to ensure assessment complies with
Minn. R. 7082.0700 subp. 4 B (1))
Q Tank is Noncompliant (pumping not necessary - explain below)
□ Other: ___________________________________
If yes, which sewage tank(s) leaks:
Any “yes” answer above indicates the system
is failing to protect groundwater.
Describe verification methods and results:
The tank was pumped on 8/3/21 and had very limited use after that date. Only 16" of liquid in the tank at time of inspection
on 4/19/22. A camera showed the tank to be in good condition.
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i
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* ^ No □ Unknown
‘Yes to 3a or 3b - System is an imminent threat to public health and safety.
3c. System is non-protective of ground water for other conditions as determined by inspector?
3d. System not abandoned in accordance with Minn. R. 7080.2500?
*Yes to 3c or 3d - System is failing to protect groundwater.
Describe verification methods and results:
□ Yes* E No
□ Yes* S No
Attached supporting documentation: Q Not applicable Q
4, Operating permit and nitrogen BMP* - Compliance component #4 of 5 ^ Not applicable
□ Yes □ No If “yes”, A below is required
Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required
BMP = Best Management Practice(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 property functioning? O Yes O No
Any “no" answer indicates noncompliance.
Describe verification methods and results:
Is the system operated under an Operating Permit?
□ Yes □ No
Attached supporting documentation: Q Operating permit (Attach) Q
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6S1-296-6300 800-657-3864
5. Soil separation - Compliance component #5 of 5
□ UnknownDate of installation 11/10/1981
(mm/dd/yyyy)
S Yes □ NoShoreland/Wellhead protection/Food
beverage lodging?
Attached supporting documentation:
Q Soil observation logs completed for the report (Attach)
□ Two previous verifications of required vertical
separation (Attach)
^ 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 GNo*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 GNo*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.
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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 28th day of April 2022 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
Matthew Jennen
14721 State Hwy 210
Fergus Fails MN 56537
Diana Briese, Clerk
Elizabeth Township
30718 West Jewett Dr.
Fergus Falls MN 56537
None
City Clerk (if located within 2 miles of a city) N/A
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald;
Devils (Near_Perham):
Eagli^Xal ^
LidalJ^I
Little
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 Trl, Pelican Rapids, MN 56572
lid, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
LU
Little l^e & 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 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
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member: David Trites - 20944 Westwood Dr, Clitherall MN 56524
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: April 28, 2022
Extra 5_____
BOA Members__
PC Member_____
Envelopes____19
TOTAL NOTICES TO PRINT___32
□ Added to Agenda □ Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ_______________
Amy Busko, Secretary
Otter Tail County Board of Adjustment 6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Matthew Affidavit (56-784) 05-12-22.docx
Buffer Parcels
Parcel No
22000100076000 Doyle Everette Tollefson
Addr 1
6326 Wildwood Way
Addr 2 City St ZiDName 1 Name 2
Monticello MN 55362 3192
22000100076001 David & Rebecca C Houge Erhard MN 56534 956732491 Long Lake Point Rd
22000100076002 Gary Schroeder Erhard MN 56534 956732428 Long Lake Point Rd
22000100076003 Timothy R Piper Fergus Falls MN 56537 790222353 County Flighway 10
22000100076004 Godel Tst Fergus Falls MN 56537 2275703 Cavour Ave E Apt 1
22000100076005 Allan M & Angela Cleveland 224 2nd St N Breckenridge MN 56520 1404
22000100076006 Gerry J & Karen M Schumacher Fargo ND 58103 50143014 24th Ave SW
22000100076007 Matthew J & Erica J Jennen Fergus Falls MN 56537 710314721 State Highway 210
22000100076009 Allan M & Angela Cleveland Breckenridge MN 56520 1404224 2nd St N
Thompson ND 58278 925222000110083001 Barry & Amy Goodman Tst 1445 9th Ave NE
22000990353000 James Wick Erhard MN 56534 956732378 Long Lake Point Rd
22000990354000 Kyle & Cordelia Tostenson 2802 Short Ridge San Antonio TX 78231 1640
22000990355000 George & Barbara H Schroeder 32350 Long Lake Point Rd Erhard MN 56534 9567
Sauk Centre MN 56378 211822000990356000 Dennis Zimmerman 151 3rd St N
22000990357000 Thorson Family Rev Lvg Tst Fergus Falls MN 56537 2329909 Mount Faith Ave E
Fergus Falls MN 56537 232922000990358000 Thorson Family Rev Lvg Tst 909 Mount Faith Ave E
22000990359000 Jeffrey L & Pamela D Carlson Willmar MN 56201 21841413 Westwood Ct
22000990363000 Leland E & Ruth E Dahl Erhard MN 56534 956732293 Long Lake Point Rd
22000990363001 Stephen C & Joyce E Wagner 306 26th Ave N Fargo ND 58102 1953
22000990364000 Arnold G & Sigrid M Strebe Bismarck ND 58503 88673301 Clairmont Rd
Cape Coral FL 33904 410622000990366000 Janet Soholt Tst 3305 1st Ave SE
Cape Coral FL 33904 410622000990366001 Janet Soholt Tst 3305 1st Ave SE
Page 1 of 1Monday. Aoril 25. 2022
iM:'Buffer Mail
Address i Address 2 City, State, ZipName
Barry & Amy Goodman Tst 1445 9th Ave NE Thompson ND 58278 9252
Jeffrey L & Pamela D Carlson 1413 Westwood Ct Willmar MN 56201 2184
Allan M & Angela Cleveland 224 2nd St N Breckenridge MN 56520 1404
Leland E & Ruth E Dahl 32293 Long Lake Point Rd Erhard MN 56534 9567
Godel Tst 703 Cavour Ave E Apt 1 Fergus Falls MN 56537 2275
David & Rebecca C Flouge 32491 Long Lake Point Rd Erhard MN 56534 9567
Janet Soholt Tst 3305 1st Ave SE Cape Coral FL 33904 4106
Matthew J & Erica J Jennen 14721 State Highway 210 Fergus Falls MN 56537 7103
Timothy R Piper 22353 County Highway 10 Fergus Falls MN 56537 7902
Gary Schroeder 32428 Long Lake Point Rd Erhard MN 56534 9567
George & Barbara H Schroeder 32350 Long Lake Point Rd Erhard MN 56534 9567
Gerry J & Karen M Schumacher 3014 24th Ave SW Fargo ND 58103 5014
Arnold G & Sigrid M Strebe 3301 Clairmont Rd Bismarck ND 58503 8867
Thorson Family Rev Lvg Tst 909 Mount Faith Ave E Fergus Falls MN 56537 2329
Doyle Everette Tollefson 6326 Wildwood Way Monticello MN 55362 3192
Kyle & Cordelia Tostenson 2802 Short Ridge San Antonio TX 782311640
Stephen C & Joyce E Wagner 306 26th Ave N Fargo ND 58102 1953
James Wick 32378 Long Lake Point Rd Erhard MN 56534 9567
Dennis Zimmerman 151 3rd St N Sauk Centre MN 56378 2118
Monday, April 25, 2022 Page 1 of 1