HomeMy WebLinkAbout31000040029000_Variances_09-12-2002c0\lz]'Zaz^Z^
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that ^ ^ *“RQ
this instrument # »
was filed/recorded in this office
on the I ^ day of
2002 at 3Q-aiT^mj
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well certificate
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by:
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739 - 2271
^50-'COMPLETE THIS APPLICATION IN BLACK INK •kirkirk*
Application Fee
Receipt Number 135^1
Accepted By / Date ^ ^ ^ —
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DAYTIME PHONEPROPERTY OWNER
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LAKE CLASSLAKE NAMELAKE NUMB
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PARCEL NUMBER Si H C)OC) 4 PiO (AOO
SECTION
^7^97 iivCiij- 101^E-911 Address
LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback 'X~i Structure Size Cluster Misc.Sewage System Subdivision
SPECIFY VARIANCE REQUESTED-P+- V/OL\T i«VYCJL-. lAtvO Kous^ " 7/#lX l/l^UiJ} C6PLs4i;tCLC'U A
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
RSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
NO & RESOURCE MANAGEMENT REGARDING THIS MATTER.
I ALSO UNDE
contact la
DATESIGNATUR^^F PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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‘7. /'«?. ^ ^Date Of Hearing Time
Motion
Dennis and Nancy Peyerl - Approved as requested. (8:33 p.m.)
Motion was made by Paul Larson, second by Cecil Femling and unanimously carried, to approve a variance of 80’
from the required ordinary high water level setback of 200’ for the construction of a dwelling 120’ from the ordinary
high water level. It was noted that this is an established farm site (100 plus years) with other buildings/structures
closer to the ordinary high water level than this new dwelling.
Chairman/Otter Tail County Board of Adjustment
PerTs) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
L R Official/Date
bk 0501-001
305.391 • Victor Lundeen Cc., Printers, Fergus Falls, MN • 1-800-346'4870
September 12, 2002
t’age # 4
Todd H and Robin K Larson - Approved as requested with condition. (8:08 p.m.)
Todd H and Robin K Larson, Portland, ND, requested a variance to divide our jointly owned property into
two parcels, which will be owned individually. The lake frontage lot will be 5.6 acres and will have 222’ of
lot width/water frontage. The back lot (parcel with no water frontage) will have 5.77 acres and
approximately 120’ of width. The minimum width for back lots within the shoreland area is 300’.
Requesting a variance to create a back lot having less than the required lot width. The property is
described as part of Government Lot 7, Section 27 and part of Government Lot 3, Section 34 of Dunn
Township by Franklin Lake. The audience was polled with no one speaking for or against the request.
After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and
carried with Paul Larson voting no, to approve a variance to subdivide the applicants jointly owned property
into two parcels as depicted on the registered surveyor’s drawing, which was submitted with the variance
application, with the condition that no further variance can be granted on these two parcels. It was noted
that the extra area within the back lot more than compensates for the lack of back lot width. It was also
noted that the variance as approved would provide the applicants with a reasonable use of their property.
Steven A and Sharon M Anderson - Approved as requested. (8:23 p.m.)
Steven A. and Sharon M. Anderson, Dalton, MN, requested a variance to create two residential back lots
having approximately 240’ of lot width (requirement is 300’) and less than 80,000 square feet of area. Also
permanently attach existing surveyed lake lots (nonresidential use) to each residential back lot. It should
be noted that the lake lots are contiguous substandard lots. The property is described as part of
Government Lot 3. Section 27 and Lots 117 and 118 of Sater Humphrey Ranch Camp, Ten Mile Lake in
Tumuli Township. The audience was polled with no one speaking for or against the request. After
discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and
unanimously carried, to approve a variance to create two buildable residential back lots. It was noted that
the variance as approved is consistent with other actions of the Board of Adjustment in this immediate
area. The variance as approved will provide the applicants with an ability to enjoy the same rights and
privities as others in this immediate area.
Dennis and Nancy Peyerl - Approved as requested. (8:33 p.m.)
Dennis and Nancy Peyerl, Henning, MN, requested a variance of 80’ from the required ordinary high water
level setback of 200’ for the construction of a dwelling 120’ from the ordinary high water level. The property
is described as a ten acre parcel in the north half of the southeast quarter. Section 4 of Henning Township
by an unnamed lake. The audience was polled with Manley Nichols and Aaron Peyerl speaking in support
of the variance as requested. After discussion and consideration, motion was made by Paul Larson,
second by Cecil Femling and unanimously carried, to approve a variance of 80’ from the required ordinary
high water level setback of 200’ for the construction of a dwelling 120’ from the ordinary high water level. It
was noted that this is an established farm site (100 plus years) with other buildings/structures closer to the
ordinary high water level than this new dwelling.
Kent and Claudia Olson - Approved as requested. (8:45 p.m.)
Kent and Claudia Olson, Battle Lake. MN. requested a variance of 5' from the required side lot line setback
of 10’ for the construction of a roof over an existing deck located 5’ from the side lot line. The property is
described as Lot 4, Inglewood, Blanche Lake in Girard Township. The audience was polled with no one
speaking for or against the request. After discussion and consideration, motion was made by Steve
Schierer, second by Randall Mann and unanimously carried, to approve a variance of 5’ from the required
side lot line setback of 10' for the construction of a roof over an existing deck located 5’ from the side lot
line. It was noted that the proposed roof is away from the lakeside of the dwelling and is an extension of
the applicants’ house. Hardship is a substandard lot of record.
r-.grid(s) equals feetJnch(es) equalsfeet, orScale;
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
Total Lot Area
(FT2)
X 100 =
Total Impervious
Surface Onsite
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DatedSignature
304,678 • Victor Lundeen Co.. Primers • Fergus Falls, MN • 1-800-346-4870BK — 0500 — 029
Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Fails, MN 56537
(218) 739-2271 Ext. 240
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant must be present at the scheduled hearing.
To Whom It May Concern:
Dennis & Nancy Peyerl
PO Box 525
Henning, MN 56551
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
Thursday, September 12, 2002, at 7:30 p.m..
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s
office prior to the date of the public hearing.
The property concerned in the application is legally described as
a ten acre parcel in the North Half of the Southeast Quarter,
E911 Address - 27297 Highway 108
Section 4, Township 133, Range 38 - Township Name - Henning
Lake No. 56-113, Lake Name - Unnamed, Class - NE
The variance requested is:
a variance of 80’ from the required ordinary high water level setback of 200’ for the construction of a
dwelling 120’ from the ordinary high water level.
Wayne'Ste^
Board of Adjustment Secretary
Date: August 16, 2002
__ '<OTTER TAIL COUNTY
Fergus Falls, Minnesota }
‘ State of Minnesota )I
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 19th, day of August, 2002 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Dennis and Nancy Peyerl, PO Box 525, Henning, MN 56551
Dean Bolland, Twp Clerk of Henning, 47409 275‘" St., Henning, MN 56551
i;
Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
town Clerk i'
:•
Board of Adjustment:
•>Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537
Cecil B. Fehiling, 13 6th St: NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Richard Sha, 43534 275‘" Ave, Verges, MN 56587
Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725
t;
• V-
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
i-.Dated: August 19th, 2002!.■i.'.
>.
Wayne Stein; Secretary
Otter Tail County Board of Adjustment
-
By: _
Vi Mahderud
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GARY & JOANN LOUISE ECKHOFP
27006 STATE HIGHWAY lOO
HENNING, HN S6SS1-9347 ■f r
GARY A ECKHOFP ET AL
ATTN ALBERT A C ECKHOFP
27230 STATE HIGHWAY lOS
r HENNING, MN 5655129347
SANDRA STUEVE ■O, !
26843 STATE HIGHWAY 108
HENNING, HN 56551-9346 .n
r- ’ DENNIS fc NANCY PEYERL ;}
27297 STATE HIGHWAY 108
r- PO BOX 525
HENNING, MN 56551-0525
■
Minnesota Pollution Control Agency
October 16, 2003
Mr. Dennis Peyerl
27297 Highway 108
Henning, MN 56551
RE: Permit-by-Rule Demolition Landfill
Dear Mr. Peyerl:
We hereby acknowledge your intent to landfill demolition debris located in Section 4,
T133N, R38W, Otter Tail County as defined in your October 2003, notification form.
This will be considered a permit-by-rule demolition landfill facihty based on Minnesota Solid
Waste Management Rules (Minn. R. 7035). Also, based on Minn. R. 7001.3050, subp. 3,
item B, the owner/operator is considered to have obtained a solid waste management facihty
permit without making application for it, unless the Commissioner finds that the facihty is
not in compliance with Minn. R. 7035.2525 through 7035.2825, and 7035.2855. A site
closure record must be completed after closure and submitted to the Minnesota Pollution
Control Agency (MPCA). After closure, the site must be inspected at least once each year
between June and Sqjtember for settlement and erosion problems. All problems at the site
must be corrected within 30 days of the inspection and a report submitted to the MPCA no
later than February 1 of the following year.
This letter is also considered to be notification of a $.60 per uncompacted cubic yard fee on
assessed waste as provided by Minn. Stat. § 116.07, Subdivision 10. Under this statute, the
Minnesota Department of Revenue is instructed to collect a $.60 per uncompacted yard fee
on all nonresidential assessed wastes, including demolition wastes, effective Januarj^ 1, 1995.
Please be advised that your name, address and the volume of demolition material will be
forwarded to the Minnesota Department of Revenue for collection purposes.
This letter should not be construed as a release firom liability that the owner/operator or its
contractors may have under any taw, state and federal. In addition, this letter shall not be
construed as an assumption of liability by the MPCA for any activities undertaken. The
MPCA retains the right to require remedial or removal action if hazardous substances are
released or have the potential to be released.
Lake Avenue Plaza, Suite 220,714 Lake Avenue; Detroit Lakes, Minnesota Voice (218) 847-1519; Fax (218) 846-0719; TTY (651) 282-5332
St. Paul • Duluth * Brainerd • Detroit Lakes' • Marshall • Rochester • Mankato • Willmar; Webb Site www.pca.state.mn.us
Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers
Mr. Dennis Peyerl
Page 2
October 16, 2003
Before you begin operations at the site, you are reminded to contact your County Solid Waste
Officer and/or Zoning Officer as per any local ordinances.
Thank you for your interest in permit-by-rule. Please contact me at (218) 846-0774 if you
have any questions.
Sincdfely,
HogerOyRolt/ I
Regional Envfro^ental Management Division
Detroit Lakes Omce
RR:jao
cc; Michael Hanan, Otter Tail County Department of Solid Waste
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
May 2, 2003
Dennis & Nancy Peyerl
27297 State Highway 108
Henning MN 56551-0525
RE: Your 4/30/03 letter, Parcel 31000040029000, Unnamed Lake 56-113
Dear Mr. and Ms. Peyerl
You are correct, you have do have until December 1, 2003 to remove the second dwelling.
I had some conflicting dates listed, which have been corrected. I'm sorry for any
inconvenience my last letter may have caused.
In regards to the old system, it is acceptable to remove it when you remove the old dwelling.
Since I had checked for removal of the old system when I was onsite to check the status of
the second dwelling, as required I was just notifying you of what I found.
Please contact this office if you have any questions.
Sincerety,
Patrick Eckert
Inspector
RECEIVED
MAY 0 2 2003
4/30/2003
LAND & RESOURCE
Dear Mr. Eckert,
Please see the enclosed copy of a letter you sent to us on September 25,2002. As
you should note, the date to have the 2"*^ dwelling removed by is, December 1, 2003, not
December 1, 2002! Also, we are under the assumption that when the 2"** dwelling is
removed that is when you collapse the sewers. No one has informed us of anything
different. We are uncertain as to what permit you are talking about in the letter dated
April 22, 2003. If you are referring to the removal of the 2"^* dwelling, you should have
already noted the date I already pointed out. We were not told anything had a permit that
would expire if it pertains to something other than the matter at hand.
Dennis and Nancy Peyerl
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
April 22, 2003
Dennis 8s Nancy Peyerl
27297 State Highway 108
Henning, MN 56551-0525
Re: Expired Site Permit #19839
Dear Mr. 85 Mrs. Peyerl:
On April 15, 2003, I was onsite to verify the removal of the 2^^ dwelling
for expired Permit No. 19839.
1 found that it has not been removed as you agreed to.
I was also unable to finish the Septic System Installation inspection since
the old system has not been destroyed.
Please contact me before May 6, 2003 in regards to the 2”*^ dwelling
issue.
Since:
Pat Eckert
Inspector
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-739-2271 Ext. 225
Otter Tail County’s Website: www.co.ottertail.mn.us
September 25, 2002
Dennis 85 Nancy Peyerl
27297 State Hwy 108
Henning MN 56551-0525
RE: After-The-Fact Site Permit #19839, 160-Acre Parcel, Section 4, Henning
Township, Unnamed Lake (56-113)
Dear Mr. 85 Ms. Peyerl,
Thank you for coming in and getting your Site Permit. One item on the
application that should be corrected is. Existing dwelling to be removed before
12/01/03, not 12/01/02.
Also, please let us know when the old septic system has been destroyed so
we can complete the septic inspection.
If you have any questions please call us.
Sincerely,
Pat Eckert
Inspector
PE/jlt
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-739-2271 Ext. 225
Otter Tail County’s Website: www.co.ottertail.mn.us
July 19, 2002
Dennis & Nancy Peyerl
27297 State Highway 108
PO Box 525
Henning MN 56551-0525
RE: Violation on Parcel 31000040029000, Unnamed Lake (56-113)
Dear Mr. and Ms. Peyerl,
This letter is to confirm our conversation that we had onsite on July 12, 2002 and to pass on
any information I may have missed.
Currently there are violations of the Shoreland Management Ordinance onsite. Four of them
would be:
1. Earthmoving without a permit.
2. Constructing a dwelling without a permit.
3. Building less than 200-ft from the Ordinary High Water Level.
4. Having more than one dwelling onsite.
From our conversation last Friday, I believe you did not intentionally violate the Shoreland
Management Ordinance. Therefor, it would seem reasonable to allow you the chance to
resolve this without issuing a violation. Again, I must inform you that all work involving this
project onsite must stop until you obtain the proper permit(s).
As we discussed you will need to apply for a variance to see if they will allow the new
dwelling to remain at 120 feet from the Ordinary High Water Level. If the variance is
approved, you will then need to apply for a $300 After-the-Fact Site Permit for the new
dwelling. The old dwelling would also have to be removed. Should the Variance be denied
we can then discuss other options.
Please contact this office if you have any questions. I will be out of the office until August 1,
2002. I have briefed Mark Ronning of the situation, should you need to call before then.
Sincerely,
Patrick Eckert
Inspector
I
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-739-2271 Ext. 225
Otter Tail County’s Website: www.co.ottertail.mn.us
July 16, 2002
Terry Lejcher
DNR
1221 E Fir Ave
Fergus Falls MN 56537
RE; Ordinary High Water Level determination, Parcel 31000040029000,
Unnamed Lake (56-113)
Dear Mr Lejcher,
As per our phone conversation, enclosed is the information regarding the property I need a
preliminary Ordinary High Water Level determination done on. Please set a stake at the
Ordinary High Water Level so they can submit their variance application.
Please contact this office if you have any questions.
Sincerely,
Patrick Eckert
Inspector
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