HomeMy WebLinkAbout55000990488000_Variances_09-08-2022,-Vt
i
Date Received 1282302
LVHH R LARSOH
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OH
09/13/2022 11:25 AML&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES S
>E_L CERTIFICATE REC'Ds N
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
SSObcT)
‘lAtL-n
Application Fee
%Receipt Number
Reviewed/Accepted By / Date
Steve and Karen Oberg 701-371-1144PROPERTY OWNER DAYTIME PHONE
4534 5th St S, Moorhead. MN 56560MAILING ADDRESS
steve@obergfarms.comE-MAIL ADDRESS
786 Pelican LAKE CLASS GD
Scambler
LAKE NUMBER LAKE NAME_____________
^ 1 TOWNSHIP ^ 3^ RANGE 0^^SECTION TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS55000990488000 50202 Andys Ln
S /ntdJ
LEGAL DESCRIPTION
Anderson Beach - *LOT 8 & LOT 7 EX TR IN LOT 7
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT:
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)
Oshoreland Management Ordinance
0 Sanitation Code
EH Subdivision Controls Ordinance
SECTioN(S) OF ORDiNANCE(S): Sectlon 10, Subp. 1.Setbacks
EH Renewable Energy Ordinance
EHother
I lAttached Subsurface Sewage Treatment System Compliance Inspection Inspection Date:
EHno septic system on property
Page 2
Property Owner Steve & Karen Oberg
Parcel Number 55000990488000
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
VARIANCE REQUEST:
A setback of 5' from the dwelling & 5' the property line for the sewage tank, and a setback of 9' from the dwelling, and 5'
from the property line, and 5' from the road right of way for the soil treatment system.
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 MATTER. .
OF PROPERTyOWNER / A0^
m5l2022
FOR OWNER DATEGNA
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Date Of Board of Adjustment Hearing H ^
Motic
Time (o- Oo ptw
Steve & Karen Oberg -Variance Application Approved (6:18 p.m.)
After consideration and discussion, Rick West made a motion, seconded by Terry Marthaler, and carried to approve the
variance to install a septic tank being 5 feet from the dwelling and 5 feet from the property line and approve the
installation of the soil treatment area being 9 feet from the dwelling, 5 feet from the property line and 5 feet from the
road right of way. 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 September 8, 2027.
Chairmari/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
%
Yes (Contact Land & Resource Management)
No
L R Offidal/Date /
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
WVWV.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR TflllooaaTT-ataaiioTa
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:Steven & Karen Oberg
Address/Parcel No. 50202 Andy's Ln /55000990488000
Requested Variance: A setback of 5' from the dwelling & 5' the property line for the sewage tank, and a setback of 9'
from the dwelling, and a 5' from the property line, and 5' from the road right of way for the soil treatment system.
Otter Tail County Ordinance: □ Shoreland Mgmt. X Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 10. Subp 1. Setbacks
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: The existing septic system is non-complaint. They are limited to a holding
tank because of the size of the lot and if a variance is approved, they will be able to install a full system on the property. If this lot
was a standard size lot, a variance will not be needed.
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:
This is a request to replace a failed septic system, and this is the only option on the lot where a full system can be Installed.
Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
r 1 No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
2.
This is a setback request as this is a substandard lot of record
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, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
[] No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
There is limited area on the property and the proposed area is the most logical spot.
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
nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance wiil maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
With the system install it will not change the appearance of the property and the locality is the area where the system can be
instailed.
S. Does the need for the variance involve more than just economic considerations? (The board shail consider if economics piayed
a role in the request. The fact that coming into compiiance with the ordinance requirements may cost considerably more does
not constitute a practicai difficuity).
X Yes, the need for the variance invoives more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
This is a repiacement of a failed septic system and the need to protect the environment.
The Otter Tail County Board of Adjustment: APPROVES X the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: Septembers, 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.
STAFF REPORT
APPLICANT: Steven & Karen Oberg
APPLICATION: A setback of 5' from the dwelling & 5' the property line for the sewage tank, and a
setback of 9' from the dwelling, and a 5' from the property line, and 5' from the road
right of way for the soil treatment system.
STAFF WHO COMPLETED REPORT: Amy Busko
POJ CAN LAKE
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
Sanitation Code
SECTION 10 FINAL TREATMENT AND DISPERSAL
Subp. 1. Setbacks
For lots existing by virtue of a recorded plat or deed before October 15, 1971, or on lots that have a
dwelling before April 1,1996, which have insufficient area to meet the setbacks in Table II:
A. The setback from a building or lot line for sewage tanks and the soil treatment and dispersal
area shall be the greatest distance possible, by meeting all other setback requirements and in no case less
than 50% of the setback distances listed for the building and lotline or road right-of-way setbacks in Table
B. SSTS may be installed less than five feet from a road right-of-way with written permission from
the road authority, a copy of which must be filed with the Administrative Officer; or,
C. The setback from the OHWL shall be the'greatest distance possible, by meeting all other
setback requirements, and in no event less than 50 feet from the OHWL.
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.
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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:
Steve & Karen Oberg
4534 5*'^ St S
Moorhead MN 56560
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, September 8, 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 land(5)co.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description;Parcel No. - 55000990488000
Lot 8 8i Lot 7 Ex Tr in Lot 7 of Anderson Beach
Section 11, Township 137, Range 43
Township Name - Scambler
Lake Name/Number/Class:
Property Address;
Pelican Lake (56-786), General Development (GD)
50202 Andy's Ln., Pelican Rapids MN 56572
The variance requested is the following:
A setback of 5’ from the dwelling & 5' the property line for the sewage tank, and a setback of 9’ from
the dwelling, and a 5’ from the property line, and 5’ from the road right of way for the soil treatment
system.
Amy Busko
Board of Adjustment Secretary
August 25, 2022
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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52 Drawn by Date CERTIFICATE OF SURVEYSTEVE OBERG
LOT 8 AND PART OF LOT 7, ANDERSON BEACH
OHER TAIL COUNTY, MINNESOTA
SHEETfTRK8-12-22
ScaleChecked by 1 OF 1PROJECTNO. 11257-0001JASAS SHOWN? V
North
t
Well
I Steve & Karen Oberg
50202 Andys Ln
Pelican Rapids, MN 56572
\
i.,-
\Parcel #550009904880001
1
\ Pelican Lake
1S'\&c/>\5"\
\^ 5.00'
T7
J'\A 5.00'
gxAAmouni ___^ J5.00’,5.00'
L.-----
Well — Setback Line
■ — Lot Line
----Sewer Line & Drain Field
-----Structures
Super Septic & Excavation
Wayne Johnson,
Advanced Designer/ Inspector
38992 183rdAve
Pelican Rapids, MN 56572
License #901
218-863-3373
Scale: 1" = 30'
|(----- 30.00'-----^
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 25th day of August 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
Sandra Tingelstad, Clerk See Below
Scambler Township
20835 S. Sand Lake Rd
Pelican Rapids MN 56572
Steve & Karen Oberg
4534 5*^’ St S
Moorhead MN 56560
City Clerk (if located within 2 miles of a city) NA
Otter Tail Water Management District - Email Notice if it is in the district2
lU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Near Perham):
Eagle Lake:
Lida Lakes
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
Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little Pine & Big Pine:
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
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 Send Notice & Card to:
Wayne Johnson
38992 183^^^ Ave
Pelican Rapids MN 56572
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 Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537
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: August 25, 2022
Extra 7Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members__
PC Member_____
Envelopes____14
TOTAL NOTICES TO PRINT____29
|~^ Added to Agenda Map
i~~1 Print out Findings of Fact Sheet
Newspapers FFDJ & Pelican Rapids Press
6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-786) 09-08-22.docx
Buffer Parcels
Addr 2 Citv St ZiD
Pelican Rapids MN 56572 7813
Parcel No
55000110069009 Hoff Land Holdings LLC
Addr 1Name 1 Name 2
20098 Pelican Dr 5
Grand Forks ND 58201 281355000110071001 Bayview Shores Assoc 5825 Pinehurst CtAttn Joan Knecht
Kindred ND 58051964155000990432000 Amy Butler 16438 51st St SE
Fargo ND 58103 375455000990433000 Weitzel Tst 2333 Demores Dr Apt 6
Grand Forks ND 58201 281355000990481000 Bayview Shores Assoc Attn Joan Knecht 5825 Pinehurst Ct
Grand Forks ND 58201 281355000990482000 Bayview Shores Assoc Attn Joan Knecht 5825 Pinehurst Ct
Grand Forks ND 58201 281355000990483000 Bayview Shores Assoc Attn Joan Knecht 5825 Pinehurst Ct
Grand Forks ND 58201 2813Bayview Shores Assoc 5825 Pinehurst CtAttn Joan Knecht55000990484000
Grand Forks ND 58201 281355000990485000 Bayview Shores Assoc Attn Joan Knecht 5825 Pinehurst Ct
Pelican Rapids MN 56572 280455000990486000 Roland W & Kathleen A Johnson 50190 Andys Ln
Pelican Rapids MN 56572 709055000990488000 Susan Mercil 50202 Andys Ln
West Fargo ND 58078 792855000990489000 Casey & Kristin Lindgren 3641 Hidden Cir
55000990490000 Johnathon & Megan Rademacher 3647 Hidden Cir West Fargo ND 58078 7928
Moorhead MN 56560 880155000990491000 Benton J & Jennifer R Hicks 1932 51st Ave N
55000990492000 Benton J & Jennifer R Hicks Moorhead MN 56560 88011932 51st Ave N
Walcott ND 58077 402255000990494000 Keith B & Cheryl P Anderson 343 4th St
Fargo ND 58104 663455000990496000 Thomas A & Kimberly P Noah 4336 Timberline Dr S
Lino Lakes MN 55038 773055000990497000 Mark Simunds 2330 Tart Lake Rd
55000990498000 Jon W Golberg 801 7th St S Fargo ND 58103 2705
Fargo ND 58107 023055000990828000 Brandt Pelican Upper LLC PO Box 230
55000990829000 Brandt Pelican Upper LLC Fargo ND 58107 0230PO Box 230
Page 1 of 1Mondav. August 22. 2022
Buffer Mail
City, State, ZipAddress i Address 2Name
Walcott ND 58077 4022Keith B & Cheryl P Anderson 343 4th St
Grand Forks ND 58201 2813Bayview Shores Assoc 5825 Pinehurst Ct
Fargo ND 58107 0230Brandt Pelican Upper LLC PO Box 230
Kindred ND 58051 9641Amy Butler 16438 51st StSE
Fargo ND 58103 2705Jon W Golberg 801 7th St S
Moorhead MN 56560 8801Benton J & Jennifer R Hicks 1932 51st Ave N
Pelican Rapids MN 56572 7813Hoff Land Holdings LLC 20098 Pelican Dr 5
Pelican Rapids MN 56572 2804Roland W & Kathleen A Johnson 50190 Andys Ln
West Fargo ND 58078 7928Casey & Kristin Lindgren 3641 Hidden Cir
Pelican Rapids MN 56572 7090Susan Mercil 50202 Andys Ln
Fargo ND 58104 6634Thomas A & Kimberly P Noah 4336 Timberline Dr S
West Fargo ND 58078 7928Johnathon & Megan Rademacher 3647 Hidden Cir
Lino Lakes MN 55038 7730Mark Simunds 2330 Tart Lake Rd
Weitzel Tst Fargo ND 58103 37542333 Demores Dr Apt 6
Page 1 of 1Monday, August 22, 2022
1278955
LYNN R LAR50N
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
&6/3,Q/2<d22 08:21 AM
FEE: 46.00
PAGES 2
WELL CERTIFICATE REC'D: N
DOCUMENT RECORDED ELECTRONICALLYNo Delinquent taxes and transfer entered.
Certificate of Real Estate Value
(X)filed ( ) not required.
CRV No.: 1433260
Date: 6/29/2022
WAYNE STEIN, County Auditor/Treasurer
by SM, Deputy
55 000 99 0488 000 WARRANTY DEED
DEED TAX: $DATE:
IE-CRV No.:
FOR VALUABLE CONSIDERATION, Susan J Mercil and Darrel J Mercil, wife and husband,
Grantors, hereby convey and warrant to Karen M Oberg and Steven J Oberg, Grantees, as
joint tenants and not tenants in common, real property in the County of Otter Tail, Minnesota,
legally described as follows:
Lots Seven and Eight, Anderson Beach, Otter Tail County, Minnesota, except the following
described tract; Beginning at the most southerly corner of said Lot Seven; thence North
29“02'17" West (assumed bearing), along the southwesterly line of said Lot Seven, for a
distance of 25.18 feet; thence North 67°48'36" East, parallel with the southeasterly line of said
Lot Seven, for a distance of 168 feet, more or less, to a point of intersection with the shoreline
of Pelican Lake; thence southeasterly, along the shoreline of said Pelican Lake, for a distance
of 25 feet, more or less, to a point of intersection with the southeasterly line of said Lot Seven;
thence South 67°48'36" West, along the southeasterly line of said Lot Seven, for a distance of
169 feet, more or less, to the point of beginning.
Check here if all or part of the described real property is Registered (Torrens) □
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions;COUNTY OF OTTER TAIL
STATE OF MINNESOTA
Deed Tax: $3,283.50
Number; 15371
Date: 6/29/2022
WAYNE STEIN, County Auditor/Treasurer
by CC, Deputy
262946Page 1 of 2
Otter Tail County, Minnesota 1278955 1 of 2
5
Page 2 of 2 262946
ClWck applicable box:
□ The Seller certifies that the Seller does not know of any wells on the described real
property.
□ A well disclosure certificate accompanies this documentor has been electronically filed. (If
electronically filed, insert WDC number: J ___________
□ I am familiar with the property described in this instrunnent and I certify that the status and
number of wells on the described real property have not changed since the last previously
filed well disclosure certificate.
).
WITNESS, the hands of the Grantors.
C
Sbian J Merdl
Darrel J Mercil
!
STATE OF NORTH DAKOTA
COUNTY OF GASS
day of 2022, before me personally
appeared Susan J Mercil and Darrel J Mercil, wife and husband, known to me to be the
persons who are described in, and who executed the within and foregoing instrument and
severally acknowledged that they executed the same;
On this ,
-------- MOliYOlSON I
Notary Pubbc |h/iy Feb. 19^^Notary Pitplic
My Commission expires;;
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
Wheeler McCartney, P.C.
35 4th St N, Suite 102
Fargo, ND 58102
TAX STATEMENTS FOR THE REAL
PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
Karen M Oberg and Steven J Oberg/
Otter Tail County, Minnesota 1278955 2 of 2