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HomeMy WebLinkAbout53000990458000_Variances_07-14-2022_1280618 Date Received RECEIVED JUN IS 2022 -Arm RESOUBC' L&R Initial Al^ LYNN R LhRSOH OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, HH RECORDED ON 08/04/2022 11:23 AN FEE: 46.00rl-'■'3? !. .1 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER WELL CERTIFICATE REC'D; H APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: \www.ottertailcountvmn.us etc#/27)2. Application Fee WMReceipt Number 2^2 Reviewed/Accepted By / Date iAfc-PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 0^E-MAIL ADDRESS ^ VH<3*^lakename ^^OuonA- RANGE ^7 LAKE NUMBER ____LAKE CLASS Ua^e. I ff\A! / SECTION TOWNSHIP TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER 52000^ OOP »LEGAL DESCRIPTION Uf n 6 f IVl'Her &e«.ch IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: \<\n S INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER TAIL COUNTY ORDINANCE (Please Check) Qshoreland Management Ordinance nSanitation Code n Subdivision Controls Ordinance (u^ SECTiON(S) OF ORDINANCE(S): S^tTlDiA . D Renewable Energy Ordinance CHother_____________ E ■Il7o|7_0 7,lInspection Date:Attached Subsurface Sewage Treatment System Compliance Inspection No septic system on property Page 2 Property Owner Parcel Number fiOO 7^ 0^ 0(jt) SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST: V\OvMC Ov -VW fe^3JvA<- QJb -VV\e 'e,V.\sViA^ V^OU^sre. MZ)-fecu:V. Vxxjrr-e-AV ©rA^oo^ntc. 6p»_cJ\Gic?> (x, 6 ) I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTEI^ NER / AGENT FOR OWNER / DAT0 APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY Hi b ' ct) D /nTimeDate Of Board of Adjustment Hearing Josephine & Hector Reese -Variance Application as Requested with Condition (6:48 p.m.) After consideration and discussion, Mark Johnson made a motion, seconded by Terry Marthaler and carried to approve the variance to construct an addition to the existing dwelling being 73 feet from the ordinar> high- water level with the condition that the proposed addition is 10 feet from the lotline. This decision is based on the Findings of Fact and Decision Fonn, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire fi\ e (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. ^Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No AwifaiL R tWfTcial/Dateto 7-26-2/^Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR Tflil 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:Josephine & Hector Reese Address/Parcel No. 53000990458000 Requested Variance: The single level addition to the existing house will have a setback the same as the existing house, which is 73 feet. The current ordinance specifies a 75 feet setback. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4 A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the foilowing criteria: The applicant identified the following practical difficulty: There is an existing structure built in 1970 and has a setback the same as our neighbors. We will like to stay in line with the existing property. 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 reasonabie 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... n 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 as noted during the onsite visit. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, fioodway, 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: This is an expansion of an existing structure. ! 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall cansider arid state for the record why. the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the. request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a prdcticaldifficulty). 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 addition is d minimum expansion to an existing legal non-conforming structure. . : The Otter Tail County Board of Adjustnnent: APPROVES__X the requested variance.DENIES Complete and attach A/ter-the-focf Addendum if this is an After-The-Fact variance request. 7/tce4aef ^attadaDATED: July 14, 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. ■i Gary & Jill Grindle - Continued July 14, 2022 Gary & Jill Grindle, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance as requested After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance request as modified to allow the replacement dwelling to be 22 feet from the ordinary high-water level, no larger than 1200 sq. ft. and no further south than the existing dwelling. Also approve a variance to construct a wood shop being 95 feet from the ordinary high- water level This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Josephine & Hector Reese-Variance Application as Requested with Condition (6:48 p.m.) Josephine & Hector Reese, Lot 17 Blk 3 of Miller Beach. Round Lake (56-214) in Rush Lake Township requested the following: The single level addition to the existing house will have a setback the same as the existing house, which is 73 feet. The current ordinance specifies a 75-foot setback. Josephine & Hector Reese, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance as requested After consideration and discussion, Mark Johnson made a motion, seconded by Terry Marthaler and carried to approve the variance to construct an addition to the existing dwelling being 73 feet from the ordinary high-water level with the condition that the proposed addition is 10 feet from the lotline. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Michael Shea -Variance Application Approved as Requested (6:48 p.m.) Michael Shea, PT GL 3 Bg 509.4’ N & 2858.6’ of SW Cor GL 3..., Sybil Lake (56-387) in Hobart Township requested the following: Proposing to construct an addition to dwelling (attached garage) being 42’ from the OHWL. Required setback is 100’. Currently the shore impact zone impervious surface coverage is 36.79%. We will be reducing the shore impact zone impervious surface coverage to 28.3% with the reduction of the driveway in the shore impact zone. The shore impact zone impervious surface coverage allow ed is not to exceed 15%. Michael & Stephanie Shea property owners, and Gary Schander, Contractor, represented the variance application. The audience w as polled w ith no one speaking for or against the variance as requested. After consideration and discussion, Rick West made a motion, seconded by Darren New ville and carried to approve the variance request to construct an addition to the dwelling (attached garage) being 42 feet from the ordinary high-water level and allow' the shore impact zone coverage to not exceed 28.3% (currently it is 36.79%). The property owner w ill reduce the shore impact zone impervious surface coverage by reducing the square footage of the drivew ay in the shore impact zone. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board's findings have been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith 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 July 14, 2027. Charles F. Anderson & Abigail A. Smith - Variance Application Approsed as Requested (6:56 p.m.) Charles F. Anderson & Abigail A. Smith. Lot 19 of Fish Lake Beach & That Part of Sublot B. Fish Lake (56-684) in Aurdal Tow nship requested the follow ing: Adding 10’ x 40' lean-to roof to an existing building w hich is currently 30' x 40’. The lean-to w ill be approximately 40’ to the water. Charles F. Anderson, property owner, represented the variance application. The audience was polled w ith no one speaking for or against the variance as requested Board of Adjustment July 14, 2022 Page I 2 STAFF REPORT APPLICANT: Josephine & Hector Reese APPLICATION: The single level addition to the existing house will have a setback the same as the existing house, which is 73 feet. The current ordinance specifies a 75 feet setback. STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website 36075 ACCESS RD Shew sefi''ch retults ^or 36075 Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 3, Subp. 14 A. All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise set forth in this subpart, ail such nonconformities will be managed, regulated, and controlled as allowed and set forth in Minnesota Statute §394.36 B. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. C. Improvements to nonconforming structures not requiring a variance, include, but are not limited to, the following: 1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed peaked roof for a non-conforming structure beyond a 4:12 would be considered an expansion and would require a variance. 2) Installing rails on a patio in which the total height is less than 36" in height as measured from the ground. 3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36 inches and to not allow the overall building height to exceed maximum height restrictions. D. A non-conforming use is any continuous use of land established before the effective date of a County or local Ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use. E. A prohibited non-conforming use may not be expanded or improved. F. If any non-conformity or occupancy is discontinued for a period of more than one year, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Minnesota Statute, 394.36 Subp. 4 Nonconformities; certain classes of property This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. 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. Northeast corner of addition appears to be too close to lot line. This setback should be verified before variance approved. 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: Josephine & Hector Reese 36075 Access Rd Ottertail MN 56571 Has/have made application to the Otter Taii County Board of Adjustment for a variance as per requirements of the Otter Taii County Shoreiand Management Ordinance, the Otter Taii County Set Back Ordinance, the Subdivision Controis Ordinance of Otter Taii County, Otter Taii County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Taii County. The Otter Taii County Board of Adjustment wiii assembie for this hearing on Thursday, July 14, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtuaily to present the application. Pubiic comments regarding this appiication can be expressed by maii or emaiied to land(5)co.ottertaii.mn.us must be received by 12:00PM the day before the public hearing date. Members of the pubiic wishing to observe and/or make comments at the public hearing may be present at the pubiic hearing or participate virtuaiiy. A iink to the virtual meeting wiil be provided on the Land & Resource website seven days prior to the pubiic hearing. Individuals with questions or requiring speciai accommodations shouid 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 legaily described and iocated at: Legal Description;Parcel No. - 53000990458000 Lot 17 Blk3 of Miller Beach Section 22, Township 135, Range 39 Township Name - Rush Lake Round Lake (56-214), General Development (GD) 36075 Access Rd, Ottertail MN 56571 Lake Name/Number/Class; Property Address: The variance requested is the following: The single level addition to the existing house will have a setback the same as the existing house, which is 73 feet. The current ordinance specifies a 75-foot setback. Amy Busko Board of Adjustment Secretary June 30, 2022 ottertailcountymn.usOTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 Jj I I \ .SCALE DRAWING FORM ; i i i1 L Tax Parcel Number(s)LTtThe scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). —[• I 'T t n1 ANJX-'T!ri !.tScale LoJC-€.1 T -I [ i )PC>I* t V-bv.Vx<i:I r..1 9'r .i.I...I 1 Ii -\—i-—;I,..I .1.,n t I i'I 1'j I !I "rI : niOj:itS4 .a.•I(.1■I\I,1 .j.......1I.k..i.-r 't■1'i.1 i. J.!J.1—t-L .U.i.1 I iaairt;T—T—J ^ J_J .i.I IH'<■m ...A.. 11..,1.-1.t.H.I.t5-4 t j-1 i ..1......1...J 1..,. li I I ']i:.44 1 tji]1'i-4.. { ....T ±td i ! f “6 I I ' 1 i •tIf •I ,i I -t I ' i!T >! ivvx VW^ 1. I3' l \ , i Ti I !I i I (!__i .1 t\( ' ! t ..4-T!I4 I"> t4;T : IT i ;4 ;._'j„«.,L 4I 1 : !i -1 i’tI !-iIi! I "t;—A—:—i. I r 1 i iUaUtjol Ij?0ASI('i I.!1 f 1 I I I1i._iiI i 1}1i 8 fillip1”1“’ ■i ii:{I If 1“ i T-!•I T.4.. . • „A.. ! H ■H1i T 1 T I!J ‘o ^0 ^ ^— ;4 riv Owner DateI(;I »' BK —042016 -I - 360,800- '-Victor Lundeen,Co.-. Printers-* • Fergus Falls. MN.. • -I-800-346-4870.! ■1"I IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. \oo% 3 ^ Buildings Lot Area (ft^): / Other Impervious Surface Existing Proposed Existing Proposed Ft^ Ft^Ft^ n H 0DwellingDeck(s) Attached Garage Patio(s)________ Sidewalk(syi -' VW ^ Mr 9^ hDetached Garage r Storage Shed ;t.ajiding(s) ,y^ex-t\ / o«- / u o~prjveway(s)‘ . Parking Areg(s) « ~'Refejning W.all(s) WOAS ft.•« RCU Miscellaneous ** •# ' ‘Landscaping ■. (Plastic Barrier)# *Miscellaneous . i TOTAL BUILDINGS 'TOTAL OTHER - Buildings Impervious Surface Percentage Maximum Allowable 20% .Existing i. Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Total Buildings 11.in100+-r X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area""Total Buildings + Other Impervious Surface Existing Proposed Total Impervious ’-'Surface • ' . Ratio Ft^ Ft^Ft^C;Ft v» Sli?.. I ^ ^f ^ O 100+-i-X Impervious Surface Calculation Worksheet 04-11-2016 l?-3 j.DateSignature: m*i Compliance inspection report formMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 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.pca.state.mn.us/sites/default/files/wq-wwists4-31a.Ddf. 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: 53000990458000 Property address: 36075 Access Road, Ottertail.MN 56571 Owner/representative: Dee Noyes Brief system description: 750 gal, tank to 750 gal, lift to 300 sq.ft, pressure trenches per records. System status Local regulatory authority: Ottertail County Owner’s phone: 712-389-5359 System status on date (mm/dd/yyyy): 7/20/2021 El 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) - Falling 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 n 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 / 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 ^ Business name: Stoll Inspections Inc. Inspector signature:_______ Certification number: 7526 License number: 2982_______ Phone: 218-839-1849(This document has been electronically signed) Necessary or locally required supporting documentation st ue ' Cached; □ Tank Integrity Assessment □ Operating PermitEl Soil observation logs □ Other information (list): ^ Locally required forms https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 1 of 4 651-296-6300 800-657-3864 1. Impact on public health - Compliance component #1 Of 5 Attached supporting documentetion; □ Other: ________, . □ Not applicable Compliance critjeria: □ Yes* El NoSystem discharges sewage to the ground surface □ Yes* El NoSystem discharges sewage to drain tile or surface waters. □ Yes- El NoSystem causes sewage backup into dwelling dr establishrhent. 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 compohent #2 of 5 Compliance criteria:Attached supporting documentation: □ Pumped at time of inspection Name of maintenance business: □ Yes* □ NoSystem consists of a seepage pit, cesspool, dryweli, leaching pit, or other pit?_________________Hawes Septic □ Yes’ E NoSewage tank(s) leak belovy their designed operating depth? License number of maintenance business: L3466 Date of maintenance: □ Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): 7/20/2021 (must be within three years)If yes, which sewage tank(s) leaks: (See form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) □ Tank is Noncompliant (pumping not necessary - explain below) □ Other: Aciy '-yes”miswer above indicaies the is failing so proiact groundmiter. Tank Empty Describe verification methods and results: Use your preferred relay service • Available in alternative formats Page Z of 4 800-657-3864https://www.pca.state.rhn.us wq-wwists4-31b • 1/11/21 *651-296-6300 3. Other compliance conditions-Compliance component #3 of 5 3a, Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes* E! No □ Unknown 3b. Other issues (electrical hazards, etc.) to immediately arid advereely impact public health or safety? □ Yes' 0 No □ Unknown *Yes to 3a or 3b - System is an imminent threat to public health and safety. 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? *Yes to 3c or 3d - System is failing to protect groundwater. Describe verification methods and results; □ Yes* 13 No □ Yes* 3 No Attached supporting documentation: □ Not applicable □ 4. Operating permit,and nitrogen BMP* - Gompliance component #4 of 5 ^ Not applicable □ Yes □ No If “yes”, A below is requiredIs the system operated under an Operating Permit? Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questiohs is “no ”, this section does not need to be compieted. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? □ Yes [H No Apy “no" answer indicates noncampUance. Describe verification methods and results: □ Yes □ No Attached supporting documentation: □ Operating perriiit (Attach) □ 651-296-6300 Available in alternative formats Page 3 of 4 Use your preferred relay service •https ://www. pca.state.mn.us wq-wwists4-31b • l/ll/2i 800-657-3864 5. Soil separation - Gompliance component #5 of 5 Date of installation 8/25/1995 (mm/dd/yyyy) Shoreland/Wellhead protection/Food beverage iodgingt Q Unknown Attached supporting documentation: 13 Soil observation logs completed for the report (Attach) Q Two previous verifications of required vertical separation (Attach) □ Not applicable (No soil treatment area) 3 Yes DNo Compliance criteria (select one): 5a. For systems built prior to April 1, 1996, and not located in Shorelanddr Wellhead Protection Area or hot serving a food, beverage or lodging establishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock._____________ □ Yes ONo‘ □ □ Yes DNo‘5b. Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock * Indicate depths or elevations A. Bottom of distribution media 24" B. Periodically saturated soil/bedrock >60" >36"C. System separation D. Required compliance separation*36" *May be reduced up to 15 percentJf alloyved 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. i/j n>" I "Any ‘’no" answer above imiraates Ihe sysissm is 'taming to protect groundviraier. Describe verification methods and results: Ir HS J Upgrade requirements: (Minn. Stat. § 115.55) An imrninent 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, of its use discontinued within the time required by local ordinance. If an existing system is not falling 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. 651-296r6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats Page 4 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Parcel Number: Date & initial; System Drawing The system drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all septic/holding/lift tanks, drainfields, wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling structures, lot lines, road right-of-ways, easements, OHWLs, wetlands, and topographic features (i,e, bluffs). Ik |W^ /Ik- Additional Comments; cxcel/Comcliance Form forOTC 4/14/2017 Page 2 of 2 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 30th day of July 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 Josephine & Hector Reese 36075 Access Rd Ottertail MN 56571 Pamela Moe, Clerk Rush Lake Township 43394 Round Lake Dr Ottertail MN 56571 Rush Lake Association PO Box 42 Perham MN 56573 City Clerk (if located within 2 miles of a city) NA Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaqement@Qutlook.CGmm LU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Eagli^ak^ Lida La^ 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 TrI, Pelican Rapids, MN 56572 Jd, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: Little nhe & Big Pine: 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: na\ id 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: June 30, 2022 Extra 3Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members_ PC Member____ Envelopes 17 TOTAL NOTICES TO PRINT 28 □ Added to Agenda □ Map r~| Print out Findings of Fact Sheet Newspapers FFDJ & Perham Press 6 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Josephine Affidavit (56-214) 07-14-22.docx !IBuffer Parcels Parcel No 53000220132000 Jeremy M & Darin D Aagard Addr2Name 1 Addr 1 Citv St ZiDName 2 Wadena MN 56482 300514485 125th Ave 53000220133014 Kevin W Jr & Leann J Feldt Perham MN 56573 2306505 5th Ave NE 53000220133033 David P & Diana J Oien Sauk Rapids MN 56379 1709217 4th Ave N 53000270217006 Robert Morical 223 4th St SW Perham MN 56573 1622 53000270217011 David W &Teri Rodgers Ottertail MN 56571944343836 359th St Trevor & Cassandra Meyer53000990439000 36101 Rush Lake Loop Ottertail MN 56571 9449 53000990440000 Richard R & Linda A Thom Ottertaii MN 56571 946336059 Rush Lake Loop 53000990443000 Caufman Tst 130 WoodcrestTer Le Sueur MN 56058 2141 53000990444000 Caufman Tst 130 WoodcrestTer Le Sueur MN 56058 2141 53000990445000 Caufman Tst 130 WoodcrestTer Le Sueur MN 56058 2141 53000990446000 Foster S & Lora A Strand Ottertail MN 56571 0181PO Box 181 53000990447000 Jamie & Linda Carmichael Ottertail MN 56571 944136059 Access Rd 53000990448000 Bobby J Schempp Sr Et Al Chaffee ND 58079 4303411 Main St 53000990449000 Bobby J Schempp Sr Et Ai Chaffee ND 58079 4303411 Main St 53000990449001 Bobby J Schempp Sr Et Al Chaffee ND 58079 4303411 Main St 53000990452000 Krantz Family Trust Eden Prairie MN 55344 47547610 Smetana Ln Apt 408 State Of Minnesota53000990453000 Attn Tax Specialist Saint Paul MN 55155 4045PO Box 45 53000990454000 Bruce A Brown Revocable Tst 36117 Access Rd Ottertail MN 56571 9441 53000990455000 Bruce A Brown Revocable Tst 36117 Access Rd Ottertail MN 565719441 53000990456000 Caufman Tst 130 WoodcrestTer Le Sueur MN 56058 2141 53000990457000 Foster S & Lora A Strand Ottertail MN 56571 0181PO Box 181 53000990458000 Hector A Jr & Josephine Reese Ottertail MN 56571 036075 Access Rd Jamie & Linda Carmichaei53000990459000 36059 Access Rd Ottertail MN 56571 9441 Tuesday. June 28. 2022 Page 1 of 2 Parcel No Name 1 Name 2 Addr 1 Addr 2 Citv St Zip West Fargo ND 58078 924053000990460000Lori L & Dean C Mittag PO Box 924 53000990461000 B & J Roundlake LLC Attn Pam Schmidtt Sebeka MN 56477 0PO Box 9 53000990462000 Bobby J Schempp Sr Et Al Chaffee ND 58079 4303411 Main St Tuesday. June 28, 2022 Page 2 of 2 Buffer Mail Address i City, State, ZipAddress 2Name Jeremy M & Darin D Aagard 14485 125th Ave Wadena MN 56482 3005 B & J Roundlake LLC Sebeka MN 56477 0PO Box 9 Bobby J Schempp Sr Et Al Chaffee ND 58079 4303411 Main St Bruce A Brown Revocable Tst 36117 Access Rd Ottertail MN 56571 9441 Jamie & Linda Carmichael 36059 Access Rd Ottertail MN 56571 9441 Caufman Tst 130 Woodcrest Ter Le Sueur MN 56058 2141 Kevin W Jr & Leann J Feldt 505 5th Ave NE Perham MN 56573 2306 Krantz Family Trust 7610 Smetana Ln Apt 408 Eden Prairie MN 55344 4754 Trevor & Cassandra Meyer 36101 Rush Lake Loop Ottertail MN 56571 9449 Lori L & Dean C Mittag PO Box 924 West Fargo ND 58078 9240 Robert Morical 223 4th St SW Perham MN 56573 1622 David P & Diana J Oien 217 4th Ave N Sauk Rapids MN 56379 1709 Hector A Jr & Josephine Reese 36075 Access Rd Ottertail MN 56571 0 David W & Teri Rodgers 43836 359th St Ottertail MN 56571 9443 State Of Minnesota Saint Paul MN 55155 4045PO Box 45 Foster S & Lora A Strand Ottertail MN 56571 0181PO Box 181 Richard R & Linda A Thom 36059 Rush Lake Loop Ottertail MN 56571 9463 Tuesday, June 28, 2022 Page 1 of 1 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 30th day of July 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Pamela Moe, Clerk Rush Lake Township 43394 Round Lake Dr Ottertail MN 56571 Rush Lake Association PO Box 42 Perham MN 56573 Josephine & Hector Reese 36075 Access Rd Ottertail MN 56571 City Clerk (if located within 2 miles of a city) NA Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaQement@outlook.conq(Q LU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Eagli^ak^ LidalJS^ 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 TrI, Pelican Rapids, MN 56572 Jd, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Little Wme & Big Pine: South Turtle Lake: Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 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 Wa.ss - 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: June 30, 2022 Extra 3 BOA Members_ PC Member____ Envelopes 17 TOTAL NOTICES TO PRINT____28 I I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Press Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Josephine Affidavit (56-214) 07-14-22.docx