Loading...
HomeMy WebLinkAbout25000280180000_Variances_09-10-20201244712Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 09/21/2020 02:18 PM FEE: 46.00 PAGES 6 WELL CERTIFICATE REC'D: N Oj 1__I ■•I- |v-., ... {i MiXL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.CQ.otter-tail.mn.usOTTIRTIIH • ••■(r i»ta ^tyOOCX)Application Fee Receipt Number Date B'h' 10Accepted by Property Owner Name ed a I Address City A1L lytState Zip Daytime Phone voY^i, mad5^1^ 1, comEmail Parcel Information Lake No Lake Name Lake ClassU l\ IT 6T v TU' ci- Parcel Number(s) Q5bc^,9SOi^WQOParcel Number(s) Township Name Section Legal Description to4 I (tUnPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) astructure Setback □□□Structure Size Sewage System Subdivision □□Cluster WECS Miscellaneous VerskKi Date: 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE^ SEaiON OF ORDINANCE: \‘\o I u A C \u\^ tV m M. A-, ” " " ' y ^ Proposing to construct an addition to the dwelling being 117' at the closest point to the waters edge as verified by Land & Resource Management on August 18, 2020. The required setback is 200'. When the house was constructed in 1978 the structure setback was 75' as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. I UNDERSTAND THAT I HAVE APPUED 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, 2020, 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 RESPONSIBIUTY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ~77 G I ^ o J * DATEsignature WPROPERTYOWNER/AGENTFOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing 0 oolO, XeZo Time Motion Linda Johnson, Et A1 - Variance Application Approved (7:26 p.m.) After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance request to construct an addition(s) to dwelling being 11T from the waters edge. This decision is also 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/otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No 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. DirectorOTTER TflileoasiT 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: Linda Johnson, Et Al Address/Parcel No. 23104 Asthre Dr., / 25000280180000 Requested Variance: Proposing to construct an addition to the dwelling being 117' at the closest point to the waters edge as verified by Land & Resource Management on August 18, 2020. The required setback is 200'. When the house was constructed in 1978 the structure setback was 75' as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: III. 4. A. & IV D. 12 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: Would like to do an addition to dwellinR to allow more room for a sister to move in. From the location of the existing dwelling you can not see the lake because of all the vegetation. Also there are health reasons which need to be addressed with the new addition. 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 for expansion of legal non-conforming structures through the variance process. This is an existing lot of record. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The proposed addition is in line with the dwelling not going any closer to the lake then the existing dwelling. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unigue to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: It is an existing legal non-conforming structure not meeting the required setbacks of the current iand use ordinance. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar structures in the neighborhood with similar setbacks. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The addition is a minimum expansion to an existing legal non-conforming structure for personal use. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 10, 2020 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.) 952194 No deljnauent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( . Certificate of Real Estate Value Na t Itereby certify that otro-* ^ this instrument#____952194 j^^necorder-^ ) not required. ’ (Yeai)WwW&LMWsQine Stein, County Auditor by_M Deputy.recording fee weii certificateDeputy Suiin^,FF QUITCLAIM DEED Individual to Individuals STATE DEED TAX DUE HEREON: $1.65 COUNtY OF OTTER TAJL STATE OF MINNESOTA DEED TAX $ J • ^MUBflBER i S > a Sg ^ 1 A-QHDate: April / . 2004 OATE FOR VALUABLE CONSIDERATION, Ellen I. Johnson, Grantor, hereby conveys and quitclaims (subject to the life estate hereinafter reserved) to Linda M. Johnson, Richard Johnson, and LaVon Raye Madsen, Grantees, real property in Otter Tail - County, Winn8RGta, e!escr!t0d‘a3TG!lGvv3; - - Government Lot Four (4), except that part lying Northerly and Easterly of existing township road as now located in Section Twenty-eight (28), Township One Hundred Thirty-three (133), of Range Forty (40) West; together with all hereditaments and appurtenances belonging thereto, subject to any easements, restrictions or reservations of record, and also subject to the reservation by the Grantor of a life estate in the property, it being the intent of the Grantor to retain exclusive possession of the premises until her death. TOTAL CONSIDERATION FOR THIS TRANSFER OF PROPERTY IS $500 OR LESS. ■ C Ellen I. Johnson rsf--.,. STATE OF MINNESOTA ) )SS COUNTY OF OTTER TAIL) The foregoing instrument was acknowledged before me this 2004, by Ellen I. Johnson, Grantor. day of April Notary Public Tax statements for the real property described in this Instrument should be sent to:AlLENaHAUGRUD MontormuB'ieMsoTA ; Ellen I. Johnson 23104 Asthre Drive Battle Lake, MN 56515 THIS INSTRUMENT WAS DRAFTED BY: Allen Haugrud - - _ Svingen, Hagstrom, Karkela, Cline & Dirks, PLLP 125S. Mill St.-P.O.Box 697 Fergus Falls, MN 56538-0697 (218)736-5456 2 Linda Johnson, Et Al - Variance Application Approved (7:26 p.m.) Linda Johnson, Lot 4 lying S & W of Twp. Rd (W Silver Lake Rd.), Unnamed Lake (56-304), Everts Township request the following: Proposing to construct an addition to the dwelling being 117’ at the closest point to the waters edge as verified by Land & Resource Management on August 18, 2020. The required setback is 200’. When the house was constructed in 1978 the structure setback was 75’ as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. Linda Johnson & Voni Madsen, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion. Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance request to construct an addition(s) to dwelling being 117’ from the waters edge. This decision is also 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. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Judd Fischer-PC Member X X John & Sharon Larson - Variance Application Approved as Requested (7:34 p.m.) John & Sharon Larson, .45 Ac Pt SL 3 of GL 4 Com W1 4 Cor..., Wall Lake (56-658), Dane Prairie Township request the following: We wish to separate the back lot, of parcel #13000040019025, (which is 50’ x 100’) from our property on the lake side and then sell that back lot to Blaine Peterson. Our back lot is actually bordering the Peterson property, and the township road right of way, runs between our lake front property and our back lot. Making it difficult to use that piece of property. We believe that the parcel number we supplied is for both the front lake lot and the back lot., We only want to sell the 50’ x 100’ back lot on the west side of the township road. John Larson, property' owner, represented the variance application via GoToMeeting, The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion, seconded by Darren Newville and carried by roll call vote to approve the variance as requested to pennanently attach the back lot portion of parcel no. 13000040019025 (50’ x 100’) to parcel no. 13000040019026. This decision is also 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 w hich have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follow s: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Judd Fischer - PC Member X X Page I 5 Board of Adjustment September 10, 2020 STAFF REPORT Linda Johnson etalAPPLICANT: Proposing to construct an addition to the dwelling being 117' at the closest point to the waters edge as verified by Land & Resource Management on August 18, 2020. The required setback is 200'. When the house was constructed in 1978 the structure setback was 75' as this was a General Development Lake. In May 2009 the lake was reclassified to a Natural Environment Lake. APPLICATION: 23104 Asthre DR, Battle Lake MN 56515 2500028018000LOCATION: LAKE NAME/NUMBER/CLASS: Unnamed Lake, 56-304, NE STAFF WHO COMPLETED REPORT: Chris LeClair Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION IV, SUBP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 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. Site visit September 3, 2020 2. No comments 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: Linda Johnson, Et Al 23104 Asthre Dr. Battle Lake MN 56515 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 10, 2020 at 6:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** 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. - 25000280180000 Lot 4 lying S 8i W of Twp. Rd (W Silver Lake Rd.) Section 28, Township 133 Range 40 Township Name - Everts Unnamed (56-304), Natural Environment (NE) 23104 Asthre Dr., Battle Lake MN 56515 Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to construct an addition to the dwelling being 117' at the closest point to the waters edge as verified by Land & Resource Management on August 18, 2020. The required setback is 200'. When the house was constructed in 1978 the structure setback was 75' as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake. . l//n liusko Board of Adjustment Secretary August 27, 2020 (©) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 ' S-.V'm.L/ VARIANCE REQUEST CHECKLIST While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required by Minnesota Statute 394:27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request against the following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted. As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the following criteria: 1. Is the variance in harmony with the general purposes and intent of the officiai controi? (The board shall consider the purposes and intent of the ofpcial control). . Yes ' ac2t/t-f^0(^ erf 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). 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior landowners? (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?) yis C3 actes 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.) , heyms m herh0^=1 S. 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 considerable more does not constitute a practical difficulty). ^ , 15Feb2019 CWL In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management Ordinance allows the Board of Adjustment the option to consider the following while deciding on a variance request: 1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area. l/noBf UOU<L S<^(~h 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved. . 3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or to property values in the neighborhood. no fidu^^ on ItzUe. 4. No variance will be granted simply because there are no objections or because those who do not object outnumber those who do. 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. 15Feb2019 CWL 5. / f e1QfHiemI I# s ■m[4 <>c65lt^ hms^ 04x^4 '; ( [ i{ Oj^&Yl J\- g||l|^»A«WJiW»» □/ )rv€,ur SfriAC'fure- c^^'"i-\:\c>y\. m C-Oy\\rCr^^yirA^t^^ ly. i^ .K ^ r?^r> j-j f>-« j'j }|^ ■ ‘4- K' i- t ■> H n*-^ ^' ;:^ jyt. si J f r> r» ?M ! >.» py. >^. |4, jjt -f, r3n»'>>in»-!fvi »'3 ^ -v'. '/- t;~ ^ r» ^ ; ;T Vf r? otter Tail County Web Map http://www.co. otter- tail.mn. us y IMPERVIOUS SURFACE CALCULATION List & Identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft2 Ft2 Ft2 Ft2 £>-7C> (ap-i-VtJvAg G y on t3Deck(s)Dwelling Attached Garage Patlo(s) Detached Garage Sldewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Banlerl_______Miscellaneous k!L312=.TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft2 Ft2 Ft2 Ft2Total Buildings A \-es>5> 4/utM 1 %B\ = \[^600,&o0-ir X 100 Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Impervious Surface Ratio Lot Area Ft2 Ft2 Ft2 Ft2 j'idw 1 %112 I, OOP, ^=100++'X LR: Online Permitting Forms 2016: impervious Surface Calculation Worksheet 04-11-2016 QxX^ I I 2(0.0Signature:. Date II !■ Minnesota Pollution ^ Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Compliance Inspection Form'!i 2 Existing Subsurface Sewage Treatment Systems (SSTS) Doc Type: Compliance and Enforcement For local tracking purposes:Inspection results based on Minnesota Pollution Control Agency (MPGA) requirements and attached forms - additional local requirements may also apply. Submit completed form to Local Unit of Government (LUG) and system owner within 15 days System Status System status on date (mm/dd/yyyy): 10/31/2019 G Noncompliant - Notice of Noncpmpliance (See Upgrade Requirements on page 3.) G Compliant - Certificate of Compliance (Valid for 3 years from report date, unless shorter time frame outlined in Local Ordinance.) Reason(s) for npncompliance (check all applicable) □ Impact on Public Hearth (Compliance Component #1)- Imminent threat to public health and safety D Other Compliance Conditions (Compliance Component #3) - Imminent threat to public health and safety □ Tank Integrity (Compliance Component #2) - Failing to protect groundwater n Other Compliance Conditions (Compliance Component #3) -Failing to protect groundwater O Soil Separation (Compliance Component #4) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance Component #5) - Noncompliant Property Information Property address: 23104 Asthre Dr. Battle Lake, MN 56515 Property owner: Linda Johnson_____________________ Parcel ID# or Sec/Twp/Range: 25000280180000 Reason for inspection: Permit Owners phone: ___________ or Owner's representative: ____________________ Local regulatory authority: Ottertail County_____ Brief systenn description: Septic Tank to drainfield Comments or recommendations: Representative phone; _______________ Regulatory authority phone: 218-998-8095 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. Inspector name: Phil Stoll______ Business name: Stoll Inspections Inspector signature:___________ Certification number: 7526_______ License number: 2982_______ Phone number: 218-839-1849 Necessary or Locally Required Attachments 0 Soil boring logs □ Other information (list): □ System/As-built drawing ^ Forms per local ordinance www.pca.state.mn.us • 651-296-6300 • 800-657-3864 wq-wwists4-31b • 6/4/14 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 1 of 3 Property address: 23104 Asthre Dr. Battle Lake, MN 56515 Inspector initials/Date: PJS | 10/31/2019 (mm/dd/yyyy) 1. Impact on Public Health - Compliance component #1 of 5 Verification method(s); S Searched for surface outlet 13 Searched for seeping in yard/backup in home □ Excessive ponding in soil system/D-boxes □ Homeowner testimony (See Comments/Explanation) □ “Black soil” above soil dispersal system □ System requires “emergency” pumping □ Performed dye test Q Unable to verify (See Comments/Explanation) D Other methods not listed (See Comments/Explanation) Compliance criteria: □ Yes ^ NoSystem discharges sewage to the ground surface.________________ □ Yes E NoSystem discharges sewage to drain tile or surface waters. □ Yes SNoSystem causes sewage backup into dwelling or establishment. Any “yes ” answer above indicates the system is an imminent threat to pubiic health and safety. Comments/Explanation: 2. Tank Integrity - Compliance component #2 of 5 Verification method(s): ^ Probed tank(s) bottom S Examined construction records □ Examined Tank Integrity Form (Attach) □ Observed liquid level below operating depth □ Examined empty (pumped) tanks(s) □ Probed outside tank(s) for "black soil" □ Unable to verify (See Comments/Explanation) □ Other methods not listed (See Comments/Explanation) Compliance criteria: □ Yes El NoSystem consists of a seepage pit, cesspool, drywell, or leaching pit. Seepage pits meeting 7080.2550 may be compliant if allowed in local ordinance. Sewage tank(s) leak below their □ Yes El No designed operating depth. If yes, which sewage tank(s) leaks; Any “yes" answer above indicates the system is faiiing to protect groundwater. Comments/Explanation: 3. Other Compliance Conditions - Compliance component #3 of 5 a. Maintenance hole covers are damaged, cracked, unsecured, or appear to be structurally unsound. □ Yes* ^ No □ Unknown b. Other issues (electricalhazards, etc.) to immediately and adversely impact public health or safety. *System is an imminent threat to pubiic health and safety. Explain: □ Yes* * ^ No □ Unknown c. System is non-protective of ground water for other conditions as determined by inspector. DYes* I3 No ^System is failing to protect groundwater. Explain: TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 2 of 3 651 -296-6300 800-657-3864WWW. pea. State, mn. US wq-wwists4’31b • 6/4/14[ Property address; 23104 Asthre Dr. Battle Lake, MN 56515 Inspector initials/Date: PJS | 10/31/2019 (nim/dd/yyyy) 4. Soil Separation - Compliance corriponent #4 of 5 Date of installation:S Unknown Verification method(s): Soil observation does not expire. Previous soil observations by two independent parties are sufficient, unless site conditions have been altered or local requirements differ. ^ Conducted soil observation(s) (Attach boring logs) 0 Two previous verifications (Attach boring logs) r~l Not applicable (Holding tank(s), no drainfield) □ Unable to verify (See Comments/Explanation) 1 I Other (See Comments/Explanation) (mm/dd/yyyy) Shoreland/Wellhead protection/Food beverage lodging?S Yes □ No Compliance criteria: □ Yes GNoFor 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 tvvo-foot vertical separation distance from periodically saturated soil or bedrock. ; 3/^6“ ^ Yes □ No Comments/Explanation: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.* lo^r □ Yes □ No“Expertmentar, “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. Indicate depths or elevations A. Bottom of distribution media 32" >68"B. Periodically saturated soil/bedrock >36"C. System separation 36"D. Required compliance separation* ‘May be reduced up to 15 percent if allowed by Local Ordinance.Any “no” answer above indicates the system is failing to protect groundwater. 5. Operating Permit and Nitrogen BMP*- Gompliance component #5 of 5 1^ Not applicable □ Yes □ No If “yes", A below is required □ Yes □ No If “yes”, B below is required Is the system operated under an Operating Permit? Is the system required to employe Nitrogen BMP? BMP = Best Management Practice(s) specified In the system design iI If the answer to both questions is “no”, this section does not need to be completed. Compliance Criteria a. Operating Permit number: _________________ Have the Operating Permit requirements been met?□ Yes □ No □ Yes □ Nob. Is the required nitrogen BMP in place and properly functioning? Any “no” answer indicates Noncompliance. 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 ordnance. 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. ! www.pca.state.mn.us • 651-296-6300 wq-wwists4-3lb • 6/4/14 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 3 of 3 Parcel Number: '3SOOO 0QOD Date & Initial: I0|3i|i^ ~ System Drawing The system drawing which Includes and identifies a graphic scale in feet or indicates all setback distances, all septic/holding/lifl tanks, drainfields, wells vdthin 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 (>.e. bluffs). ■V t per eu;A<tr 1 (ib ^I t I wcTt A Additional Comments:I'h Pagp‘ 7 ot 5Sxoc'/Corr.c'iarce Fo'rn tcrOTC 4/1-i^.’2Cl7 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 27*'^ day of August, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township ClerkProperty Owner Lake Association Roland Mann, Clerk Everts Township 27234 368TH AVE Battle Lake, MN 56515 City Clerk (if located within 2 miles of a city) City of Battle Lake, Val Martin, Clerk, PO BOX 386, Battle Lake, MN 56515 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald; Devils (Ne^Perham): Little Little Pi Pelic 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 Linda Johnson, Et Al 23104 Asthre Dr. Battle Lake MN 56515 None 2 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 IIS (iNe^Kernam): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573riHc^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 3 pJft^Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Z2§r, FishsBass & 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 lU Big Pine: Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Judd Fischer, 711 Sunset 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 27, 2020 Extra BOA Members___5 PC Member_____ Envelopes 18 TOTAL NOTICES TO PRINT____ I I Added to Agenda Map r~| Print out Findings of Fact Sheet Newspapers FFDJ & BL Review 6Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy: Amy Busko 31 l:\BOA\September BOAVJohnson Affidavit (304) 09-10-20.do lp?fBuffer Parcels Parcel No Addr 2 Citv St ZiD Fergus Falls MN 56538 0458 Addr 1Name 1 Name 2 Mark Sand & Gravel Company PO Box 45825000280179000 Battle Lake MN 56515 920125000280179003 Jeffrey L Harms 22156 County Highway 83 Battle Lake MN 56515 910925000280179006 Wayne A & Deborah H Roberts 23054 Oak Leaf Ln Battle Lake MN 56515 910923019 Oak Leaf Ln25000280179007 Lara Carlson Battle Lake MN 56515 919723216 Oak Leaf Ln25000280179009 Mark J & Kristin B Rick Battle Lake MN 56515 415225000280179011 Elaine Biederman 503 Front St E Marietta MN 56257 205725000280179013 Steven R & Beth J Schmidt Tsts 2500 111th Ave Battle Lake MN 56515 910925000280179014 Robert & Molly A Johnston 23129 Oak Leaf Ln Battle Lake MN 56515 911125000280180000 Ellen Johnson 23104 Asthre Dr Battle Lake MN 56515 025000280180001 Lavon Madsen 23150 Silver Lake Rd W Wayzata MN 55391 937325000290181001 J & W Nelson Properties LLC Attn Judy K Paulson 2155 Shevlin Dr Wahpeton ND 58075 495425000290181002 Douglas C Hudson li 1020 1st St S Battle Lake MN 56515 920125000330210001 Jeffrey L Harms 22156 County Highway 83 Battle Lake MN 56515 910923019 Oak Leaf Ln25000330210900 Lara Carlson Battle Lake MN 56515 920125000330214000 Katherine Harms 22156 County Highway 83 Battle Lake MN 56515 911125000990935001 Donald 8i Dorothy E Kohimeier 22846 Asthre Dr 25000990935002 Donald E & Julie A Frost Battle Lake MN 56515 911122882 Asthre Dr 23168 Oak Leaf Ln Battle Lake MN 56515 910925000990993000 Charles A & Cheryl Evert GrandinND 58038 012725000990994000 G & N Winterquist Rev Liv Tsts PO Box 127 25000990995000 Jerilyn S Skjegstad 23100 Oak Leaf Ln Battle Lake MN 56515 9109 Page 1 of 1Monday. August 24, 2020 Buffer Mail Address i Address 2 City, State, ZipName Elaine Biederman 503 Front St E Battle Lake MN 56515 4152 Lara Carlson 23019 Oak Leaf Ln Battle Lake MN 56515 9109 Douglas C Hudson li 1020 1st St S Wahpeton ND 58075 4954 Charles A & Cheryl Evert 23168 Oak Leaf Ln Battle Lake MN 56515 9109 Donald E 8i Julie A Frost 22882 Asthre Dr Battle Lake MN 56515 9111 G & N Winterquist Rev Liv Tsts PO Box 127 Grandin ND 58038 0127 Jeffrey L Harms 22156 County High\way 83 Battle Lake MN 56515 9201 Katherine Harms 22156 County Highway 83 Battle Lake MN 56515 9201 J & W Nelson Properties LLC 2155 Shevlin Dr Wayzata MN 55391 9373 Ellen Johnson 23104 Asthre Dr Battle Lake MN 56515 9111 Robert & Molly A Johnston 23129 Oak Leaf Ln Battle Lake MN 56515 9109 Donald & Dorothy E Kohimeier 22846 Asthre Dr Battle Lake MN 56515 9111 Lavon Madsen 23150 Silver Lake Rd W Battle Lake MN 56515 0 Mark Sand & Gravel Company Fergus Falls MN 56538 0458PO Box 458 MarkJ & Kristin B Rick 23216 Oak Leaf Ln Battle Lake MN 56515 9197 Wayne A & Deborah H Roberts 23054 Oak Leaf Ln Battle Lake MN 56515 9109 Jerilyn S Skjegstad 23100 Oak Leaf Ln Battle Lake MN 56515 9109 Steven R & Beth J Schmidt Tsts 2500 111th Ave Marietta MN 56257 2057 Monday, August 24, 2020 Page 1 of 1 r ■-10 Date Stamp L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.us9,T]niRTIIIl Application Fee Receipt Number Accepted by |Date WProperty Owner (i, ] Vd/vi 2-0^ ^ Name Llr\ciciCJbLt^Scry\ a i I)r~Address City A1 \ \/t,State Zip Daytime Phone vor^i, madsen iQ grmt I > comEmail Parcel Information Lake NameLake No Lake ClassVTxej^U A SlStoo (3QQParcel Number(s) Parcel Number(s) EV&r-4:gc__________________________________ ______ tGr^ ^ 'S^Uj 0^ (JjJ S)\\/<rLct^ Section ^9Township Name Legal Description Physical Address TYPE OF VARIANCE REQUESTED (Please Check) 3 □structure Setback □□Structure Size SubdivisionSewage System □□Cluster WECS Miscellaneous Version Data: 044)7/2020 1 i