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HomeMy WebLinkAbout13000990322000_Variances_06-10-2021V5\W\Z1 deceived May 10 2021 resource 1260222Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, tIN RECORDED ON 06/17/2021 08:57 AM —-i smInitial /\f, c: - F- « THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER l-'Hbt:!' 4 ^•TIFICATE REC'D: HAPPLICATION FOR VARIANCE:'T'/ COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountymn.us - oqApplication Fee Receipt Number ^ f)l‘^ V ^ Accepted By /Date 3'/0'2l /tTS COMPLETE THIS APPLICATION IN INK Wal\ Icvkf yy C E-MAIL ADDRESS I cyc-c, e, ^ a \ 5b- 558 'X\%~ [)-7/'0V-7ODAYTIME PHONEPROPERTY OWNER Ruls W 5u^5~b lMAILING ADDRESS I r.5t C tNVV\ WcU Lake LAKE CLASSLAKE NAMELAKE NUMBER {8424lis <A 1 V\TOWNSHIP RANGE TOWNSHIP NAMESECTION 0^^1550 j Pc'h// (3/PARCEL NUMBER E-911 ADDRESS(''5^1-2^00 •"Cfkilb nitt 7k f LEGAL DESCRIPTION /Vll 3(- \kk{ u^u i/oi'/lf 03 -f\cr^\ihn^n4b' TYPE OF VARIANCE REQUESTED (Please Check) Sewage System 3^ Subdivision Cluster WECS Misc.Structure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ()tk»-'T^C( I rbi/iKi Saiuhihrjn (oJ-e. )D. 3al/|^ i- fj)^y 5^ OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE; W VARIANCE REQUEST: Proposing to replace the existing failed septic system with 2 1500 gallon holding tanks being 35’ from the ordinar)' high water level. There is not sufficient area on our property to replace the system with a full system therefore the variance is needed for the holding tanks. Our Licensed Contractor, Cory Budke, Budke Excavating has determined there is only room for holding tanks on our property. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS 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. "'DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY jj> -oo pryjDate Of Board of Adjustment Hearing \JufU 101 Motion Time LaRae Stebe- Variance Application Approved as Requested (6:01 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance to place 2 1500 gallon holding tanks being 35’ from the ordinary high-water level. 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. Pom hairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No /r Official/Date' 'Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368.804 • Victor Lundeen Co., Printers ■ Fergus Falls, MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION VWWV.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TAIlOOatTT-BItStiOtt 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:LaRae Stebe Address/Parcel No. 24900 Wall Lake Point Circ. / 13000990322000 Requested Variance: Proposing to replace the existing failed septic system with 2 1500 gallon holding tanks being 35’ from the ordinaiA' high water level. There is not sufficient area on our property to replace the system with a full system therefore the variance is needed for the holding tanks. Our Licensed Contractor. Cory Budke, Budke Excavating has determined there is only room for holding tanks on our property. Otter Tail County Ordinance: □ Shoreland Mgmt. X Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 10. Subp 1. C. (Page 9) 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 current system failed and there is no room for a new full system, that is why the 2 holding tanks are being proposed. There is no room for the new because of neighboring well issues. Otter Tail County Board of Adjustment - Variance Question Findings 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: 1. The area where the tanks are proposed is determined by the size of the lot. 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: 2. The tanks are sealed at there is no room for a drainfield on the property. 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: 3. The topography of the land restricts the suitable area for use being considered. 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 land use patterns and use of property in the vicinity. 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: There is limited area for the tanks. 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. *Dom^DATED: June 10, 2021 Board of Adjustment Vice 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. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 10, 2021 The Otter Tail County Board of Adjustment Members convened on June 10, 2021 at 6;00 p.m. at the Government Services Center. The meeting was held via Microsoft Teams and was available to the public via livestream due to the health pandemic and declared emergency in accordance w ith Minn. Stat. Sec. 13D.021. The following persons were in attendance: Bruce Stone Thomas Lee Darren New ville, Chair of the Board of Adjustment, was absent. Douglas Larson Michael Donoho Terry Marthaler Chris LeClair, Director, Land & Resource Management Ben Olson, Assistant County Attorney Called to Order Michael Donoho, Vice Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the May 13, 2021 meeting. Douglas Larson made a motion, seconded by Terry Marthalar and carried by roll call vote to approve the minutes. The Board of Adjustment considered the following application(s) for variance: LaRae Stebe- Variance Application Approved as Requested (6:01 p.m.) ' ' ' e Point known as “Picnic Grounds”, Wall Lake (56-658) in Dane Prairie Township request the following: Proposing to replace the existing failed septic system w ith 2 1500 gallon holding tanks being 35’ from the ordinary high water level. There is not sufficient area on our property to replace the system w ith a full system therefore the variance is needed for the holding tanks. Our Licensed Contractor, Coiy Budke, Budke Excavating has determined there is only room for holding tanks on our property. LaRae Stebe & George Wright, property' owners represented the variance application remotely. The audience was polled w ith Chris Eldridge speaking in favor of the variance as requested. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance to place 2 1500 gallon holding tanks being 35’ from the ordinary high-water level. 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 Adjustment LaRae Stebe,'ai YEA NAY ABSENT ABSTAIN Darren New"ville X Thomas Lee X XDouglas Larson Michael Donoho X Terry Marthaler Bruce Stone - PC Member X X Board of Adjustment June lO, 2021 Page I I STAFF REPORT LaRae StebeAPPLICANT: LOCATION:24900 Wall Lake Point CIR, 13000990322000 LAKE NAME/NUMBER/CLASS: Wall Lake, 56065800, General Development Proposing to replace the existing failed septic system with 2 1500 gallon holding tanks being 35' from the ordinary high water level. There is not sufficient area on our property to replace the system with a full system therefore the variance is needed for the holding tanks. Our licensed contractor, Cory Budke, Budke Excavating has determined there is only room for holding tanks on our property. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair i Otter Tail County visit the County Website jM m W ' WALL LAKE POINT'l3n0099to97B00 '&24B9ftWALL^L;^E point iLi I. Pi^24894 WALWLAK|jPOINT OR WALL LAKE POINT CIR |;?' ii-- Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No comment Applicable Ordinances/Statutes Sanitation Code of Otter Tail County Section 10-Table II Table II Minimum Setback Distances (feet) Sewage Tank, Holding Tank, or Sealed Privy* Soil Treatment and Dispersal Area or Unsealed Privy* Feature Water supply well less than 50 feet deep and not encountering at least 10 feet of impervious material 50 100 Any other water supply well 50 Buried pipe distributing water under pressure________________ 10 Occupied buildings and buildings with a basement or crawl space 10 20 Non-occupied structures, deck footings______________________ 10 10 Top of Bluff 30 Property Line 10 Road Right-of-Way 10 Ordinary high water level of:** Natural Environment Lake 150 Recreational Development Lake 75 General Development Lake 50 Transition River Segments 100 Urban & Tributary River Segments 75 Agricultural River Segments 75 Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. No comment Wk.*r:; V r ,>'I Z klL k' m/. ■'■'* ' ■--. fe-asaite^aaBBf •iMr'-*4^ li : :-Ji£x sptj di 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: LaRae Stebe 24900 Wall Lake Point Cir Fergus Falls MN 56537 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, June 10, 2021 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. 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 remote 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: Parcel No. -13000990322000 All That Part of Wall Lake Point known as "Picnic Grounds" Section 4, Township 132, Range 42 Township Name - Dane Prairie Wall Lake (56-658), General Development (GD) 24900 Wall Lake Point Circ., Fergus Falls MN 56537 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to replace the existing failed septic system with 2 1500 gallon holding tanks being 35' from the ordinary high water levei. There is not sufficient area on our property to replace the system with a full system therefore the variance is needed for the holding tanks. Our Licensed Contractor, Cory Budke, Budke Excavating has determined there is only room for holding tanks on our property. Amy Busko Board of Adjustment Secretary May 27, 2021 ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 m ■St; 1 ] • i SCAliE DRAWING FORM ; } - . - -i-. : i : • . ■ : ■ ' ; : i-! i Tax Parcel Number(s) ' 1The 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 i [Impervious Surface Calculation (see back).! a±±Scale ■ Signature of Property Owner:late i BK —042016 i 360.800 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-48701 <1 otter Tail County Web Map http://www. CO. o tter- tail. mn. us N I OttWL. Lot Area (ft^): * cr> n 111 !. \KEEmf** Dwelling *\ : Attached Garage Detached Garage Storage Shed 1%. 4WOAS OoRCUS>.oMiscellaneous ^ 1 PICNIC GROUNDS ; ■» '%»v t mi. ^ •[RESERVED] €54900 WALL LA^8§l^a5060^‘ M ;...TOTAL BUILDINGS i.» • .a. 11.^.i “te-i* -A%*.\\f.vf^^Total Buildings ■% $ Total Buildings + Other Impervious Surface WALL»ALLLAKE 56065 S (Mi Impervious Surface Calculation Workshe Not a legal document. For Reference Use Only. Accuracy is not guaranteed.otter Tail Co^rtwl 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 May, 2021 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 Bonnie Mark, Clerk Dane Prairie Twp. 18259 275‘^ Ave Fergus Falls MN 56537 Wall Lake Association Ben Nelson 21453 Hillside Beach Rd Fergus Falls MN 56537 LaRae Stebe 24900 Wall Lake Point Cir Fergus Falls MN 56537 City Clerk (if located within 2 miles of a city) NA n 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: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 , Kerbs & Paul. LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ass & 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 UJ IIS (N^RerhfcD^nald ; pJre^Big FishSBBig Pine: 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 ^ulie 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 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: Bruce Stone 45302 Plentywood Rd, Perham MN 56573 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: May 27, 2021 Extra BOA Members__ PC Member_____ Envelopes____19 TOTAL NOTICES TO PRINT____32 I I Added to Agenda EH Map |~~| Print out Findings of Fact Sheet Newspapers Fergus Falls Daily Journal 6Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-658) 06-10-21 .docx Sir. •'■tW : m.Buffer Parcels Parcel No Addr 1 Addr 2 Citv St ZiD Fergus Falls MN 56537 8252 Name 1 Name 2 13000040021000 Richard Serge Tst 24481 Wall Lake Point Cir Anoka MN 55303 890313000990285000 Ronald Arthur & Lora L Raines 5000 184th Ave NW Anoka MN 55303 890313000990286000 Ronald Arthur & Lora L Raines 5000 184th Ave NW Blaine MN 55434 161813000990287000 Marjorie Gillan Et Al 10633 Washington Blvd NE 13000990289000 Robert B & Emily J Jirak Et Al Breckenridge MN 56520 1829205 14th St N 13000990290000 Jamie J Tooley PO Box 298 Fairmount ND 58030 0298 Fergus Falls MN 56537 825213000990292000 Neil T & Brenda Lindgren 24908 Wall Lake Point Cir 13000990294000 Curtis Kersting & L Wailace Moorhead MN 56560 81373535 22nd Ave S Bird Island MN 55310 119813000990295000 Robert H Jr & Denise SeidI 530 Fifth St S Fergus Falls MN 56537 825213000990296000 Russell & Beverly J Beske 24902 Wall Lake Point Cir 13000990297000 Juston L & Allisha C Heacox Fergus Falls MN 56537 825224896 Wall Lake Point Cir Fergus Falls MN 56537 825213000990298900 Larry D & Mary Jo Schwarz 24894 Wall Lake Point Cir 13000990299000 John Scott Carlson Fergus Falls MN 56537 825224892 Wall Lake Point Cir 13000990300000 Raymond Jr & Victoria Birnbaum Wahpeton ND 58075 4702526 1st St S 13000990301000 Dwight H & Becky A Krueger 1634 230th St Kent MN 56553 9529 Edina MN 55435 448813000990302000 Nancy Johnson Tst 7260 York Ave S Apt 402 13000990303000 Daniel & Vicki Schiller Delano MN 55328 52003750 35th St SE 13000990304000 Daniel & Vicki Schiller Delano MN 55328 52003750 35th St SE 13000990305000 Lowell & Nancy Tollerson Fergus Falls MN 56537 36432002 Cascade St S 13000990320000 Russell & Beverly J Beske Fergus Falls MN 56537 825224902 Wall Lake Point Cir Fergus Falls MN 56537 825213000990322000 George Wright & Larae Stebe 24900 Wall Lake Point Cir 1404 Deerfoot Ln Fergus Falls MN 56537 430513000990323000 Nancy Hess Page 1 of 1. Friday, Mav 21. 2021 Buffer Mail Address i City, State, Zip Fergus Falls MN 56537 8252 Name Address 2 Russell & Beverly J Beske 24902 Wall Lake Point Cir Raymond Jr & Victoria Birnbaum 526 1st St S Wahpeton NO 58075 4702 John Scott Carlson 24892 Wall Lake Point Cir Fergus Falls MN 56537 8252 Curtis Kersting & L Wallace 3535 22nd Ave S Moorhead MN 56560 8137 George Wright &. Larae Stebe 24900 Wall Lake Point Cir Fergus Falls MN 56537 8252 Juston L & Allisha C Heacox 24896 Wall Lake Point Cir Fergus Falls MN 56537 8252 Nancy Hess 1404 Deerfoot Ln Fergus Falls MN 56537 4305 Dwight H & Becky A Krueger 1634 230th St Kent MN 56553 9529 Neil T & Brenda Lindgren 24908 Wall Lake Point Cir Fergus Falls MN 56537 8252 Marjorie Gillan Et Al 10633 Washington Blvd NE Blaine MN 55434 1618 Nancy Johnson Tst 7260 York Ave S Apt 402 Edina MN 55435 4488 Ronald Arthur & Lora L Raines 5000 184th Ave NW Anoka MN 55303 8903 Richard Berge Tst 24481 Wall Lake Point Cir Fergus Falls MN 56537 8252 Robert B & Emily J Jirak Et Al 205 14th St N Breckenridge MN 56520 1829 Daniel & Vicki Schiller 3750 35th StSE Delano MN 55328 5200 Larry D & Mary Jo Schwarz 24894 Wall Lake Point Cir Fergus Falls MN 56537 8252 Robert H Jr & Denise SeidI 530 Fifth St S Bird Island MN 55310 1198 Lowell & Nancy Tollerson 2002 Cascade St S Fergus Falls MN 56537 3643 Jamie J Tooley PO Box 298 Fairmount ND 58030 0298 Friday, May 21, 2021 Page 1 of 1