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
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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
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E-MAIL ADDRESS I cyc-c, e, ^ a \
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WcU Lake LAKE CLASSLAKE NAMELAKE NUMBER
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NUMBER
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ADDRESS(''5^1-2^00 •"Cfkilb nitt 7k f
LEGAL DESCRIPTION
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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.
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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
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WALL LAKE POINT'l3n0099to97B00 '&24B9ftWALL^L;^E point
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Pi^24894 WALWLAK|jPOINT OR
WALL LAKE POINT CIR
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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
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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:
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
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• i SCAliE DRAWING FORM
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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
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otter Tail County Web Map http://www. CO. o tter- tail. mn. us
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OttWL.
Lot Area (ft^):
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Dwelling *\ :
Attached Garage
Detached Garage
Storage Shed
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4WOAS OoRCUS>.oMiscellaneous
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€54900 WALL LA^8§l^a5060^‘ M ;...TOTAL BUILDINGS
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Impervious Surface WALL»ALLLAKE
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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
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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