HomeMy WebLinkAbout14000010004001_Variances_09-02-2020Variances
2
Barcode 128
* ^
1243670Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORD'ER/RESISTRAR OF TITLES
FER8US FALLS, MN
RECORDED ON
09/02/2020 10:09 AM
FEE: 46.00
RASES 6
WELL CERTIFICATE REC'D: N
JUN 2 ^ 2020
& RESOURCE
O
r->2:i-jT-
t&R Initial V>-|
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
wrww.co.otter-tail.mn.usQTTCR TRIl«•(*>< ••••«<••«
Application Fee
Receipt Number
MAccepted by Date
Property Owner
CL»ui ^qrfct*ecName
Address
City
State
SC,S7C’Ep
Daytime
Phone iSi-303
Email mtcx-bcc ^ C£mca»sr\~, AerE
Parcel Information
Lake ClassLake No Lake Name
/*i0nD0tG6Ot^GhiParcel Number(s)
Parcel Number(s)
UlIlx
01 S PT Cr • T7^ )(/OC^
fOo 'ort XK l^tioo A)kH cr A(yf To i.r J J^le/n*eut^ AJeut^ PT"
Sii H33
n3^I7 ? /OaiVtC.
L^lTownship Name
Legal Description
j Section
Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
□0structure
Setback
1 SubdivisionStructure Size Sewage System1
0 liiz- Up. .Sorf. Coi/.□ □
Cluster MiscellaneousWECS
Version Date: 05^04/2020
1
4 ■%
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAL COUNTY
ORDINANCE(S) FROM WHICH THE VAIANCF REQIEST JS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: _SECTION OF ORDINANCE: TIT. ^ )\/>
Proposing to construct an addition to the dwelling and an attached garage being 43' from the
OHWL at the closest point. The addition and attached garage will be 3.5' from the tank and
approximate!) 8 from the drainfield at the closest points. The proposed attached garage will be
approximately 4 from the road right of way. 1 he shore impact zone imper\ ious surface
co\erage will increase from 242.56 sq. ft. to 338.56 sq. ft. The lot is a substandard lot of record.
I UNDERSTAND THAT I HAVE APPLIED 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 RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
APPLICATIONS ACCEPTED BY EMAIL ONLY DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION. EMAIL ALL REQUIRED
DOCUMENTATION LISTED ON THE APPLICATION CHECKLIST TO BOA(SCO.OTTERTAILMN.US PERMIT FEES MUST BE MAILED IN AND RECEIVED BY
NOON ON THE DEADLINE DATE. PLEASE NOTE ON THE CHECK WHAT APPLICATION THE CHECK IS FOR.
r7-^or^c>
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
1 oo pjcr\Date of Hearing Time?A''Wi
Motion
Raymond & Marcia Moody - Variance Approved with Condition (7:47 p.m.)
After consideration and discussion, Douglas Larson made a motion, seconded by Brent Frazier, motion failed as the roll call vole was lied
with Thomas, Darrin & Michael voting no and Douglas, Terry & Brent voting yes. Upon further discussion, Thomas Lee made a motion,
seconded by Darren Newville to deny the variance request. This motion was withdrawn. With more discussion and considerations Darren
Newville made a motion, seconded by Terry Marthaler and carried by roll call vote with Michael Donoho voting no, to approve the variance
to construct an addition to the dwelling and an attached garage being 43 feet from the ordinary high water level, 3.5 feet from the septic tank
and 8 feet from the drainfield with the condition that the attached garage can be no larger than a 12' x 24' and must be 8 feet from the
traveled surlace. 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. The variance as approved does not directly or indirectly grant any other variances for future
development.
dbo 'JhMmia
Chairman/Otter Tail County Board of Adjustment
yPermit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land & Resource Management
iV/cpyCopy of Application mailed to Applicant, County Assessor and MN DNR
Vars>anOate 0S04<2a20 2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WVWV.CO.OTTER-TAILMN.US
Kyle Westergard
Asst. DirectorOTTER TfliloeatTTaitttiOT*
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:Raymond & Marcia Moody
Address/Parcel No. 39179 South Marion Drive / 14000010004001
Requested Variance: Proposing to construct an addition to the dwelling and an attached garage being 43' from the OWHL
at the closest point. The addition and attached garage will be 3.5' from the tank and approximately 8' from the
drainfield at the closest points. The proposed attached garage will be approximately 4’ from the road right of wav. The
shore impact zone impervious surface coverage will increase from 242.56 so. ft. to 338.56 sq. ft. The lot is a substandard
lot of record.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: HI. 4. A. & IV. 12. D.
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 variance is to add a garage onto the existing structure and where the
easement road is located it makes it difficult to meet the 20' setback. We will stay within the requirements for the impervious
surface setback.
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...
n No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The Land Use Ordinance allows for the expansion of legal non-conforming structure through variance process.
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 addition is a minimal addition to the existing legal non-conforming structure.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
11 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 Land Use Ordinance and built
prior to any zoning reguiations in 1971.
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:
This existing legal non-conforming structure and the location of the easement makes it difficult to meet setbacks.
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: August 13, 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.)
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.
Dan & Ruth Knoblich Cont.
Dan & Ruth Knoblich, property owners represented the variance application via GoToMeeting. The audience w as polled with no one
speaking for or against the variance application.
After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and carried by roll call vote to
approve the variance to construct a 24’ x 30’ garage being 185 feet from the ordinary high water level, place an 8’ x 16’ storage shed
in line w ith the new addition to dwelling being approximately 169 feet from the ordinary high water level and construct a 10’ x 77’
addition to the dw elling on the road side of the existing dw elling being approximately 159 feet from the ordinary high w ater level.
This decision is also based on the Findings of Fact and Decision Form, which contains the criteria review ed 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 w ith 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 follows:
Board of Adjustment ABSTAINABSENTNAYYEA
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC Member X
James & Donna Danner - Variance Approved as Requested (7:44 p.m.)
James & Donna Danner, Lot 2 - Round Lake Beach. Round Lake (56-297), Everts Township request the following: Requesting a
variance for an addition to dwelling to be at 59 ft. to ordinary high-water level.
James & Donna Danner, property ow ners represented the variance application via GoToMeeting. The audience was polled with no
one speaking for or against the variance application.
After consideration and discussion. Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to
approve the variance to construct an addition to dwelling being 59 feet from the ordinary high water level. This decision is also based
on the Findings of Fact and Decision Form, which contains the criteria review ed 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 w ith the Land & Resource Management Department.
Roll call vote as follows:
Board of Ad justment ABSENT ABSTAINNAYYEA
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC Member X
Raymond & Marcia Moody - Variance Approved with Condition (7:47 p.m.)
Ray mond & Marcia Moody, Pt of GL 6. Marion Lake (56-243), Dead Lake Township request the following: Proposing to construct an
addition to the dwelling and an attached garage being 43’ from the OWHL at the closest point. The addition and attached garage will
be 3.5’ from the tank and approximately 8’ from the drainfield at the closest points. The proposed attached garage will be
approximately 4’ from the road right of w ay. The shore impact zone impervious surface coverage w ill increase from 242.56 sq. ft. to
338.56 sq. ft. The lot is a substandard lot of record.
Ray mond & Marica Moody, property owners represented the variance application via GoToMeeting. The audience was polled with no
one speaking for or against the variance application.
Board of Adjustment
August 13, 2020
Page I 7
Raymond & IVfarcia Moody Cont.
After consideration and discussion, Douglas Larson made a motion, seconded by Brent Frazier, motion failed as the roll call vote was
tied with Thomas, Darrin & Michael voting no and Douglas, Terry & Brent voting yes. Upon further discussion, Thomas Lee made a
motion, seconded by Darren New ville to deny the variance request. This motion was w ithdrawn. With more discussion and
considerations Darren New ville made a motion, seconded by Terry Marthaler and carried by roll call vote w ith Michael Donoho
voting no, to approve the variance to construct an addition to the dw elling and an attached garage being 43 feet from the ordinary high
water level, 3.5 feet from the septic tank and 8 feet from the drainfield with the condition that the attached garage can be no larger
than a 12’ x 24’ and must be 8 feet from the traveled surface. 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 w ith 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 follows:
Board of Ad justment ABSENT ABSTAINNAYYEA
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC Member X
Otter Tail LLC, Sean & Liz Singh - Variance Approved as Requested (8:35 p.m.)
Otter Tail LLC. Sean & Liz Singh. That Pt Lot 2 & Pt Gl. 3 (Forever Attached), Little McDonald Lake (56-328), Edna Township
request the follow ing: Requesting a variance of 21’ from the ordinaiy high-water level setback of 75’ to build a deck 320 SF over
existing concrete patio. Proposing to remove 320 SF of concrete boat ramp.
Sean & Liz Singh, property owners and Kelli Wegscheid, Architect represented the variance application via GoToMeeting. The
audience was polled w ith no one speaking for or against the variance application.
After consideration and discussion, Michael Donoho made a motion seconded by Darren Newville, and carried by roll call vote to
approve the variance request to construct a covered deck being 54 feet from the ordinary high water level. This decision is also based
on the Findings of Fact and Decision Form, w hich contains the criteria review ed and the Board’s finding have been attached to and
incorporated as an official part of the minutes which have been placed on file w ith 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 ABSENT ABSTAINYEANAY
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC Member X
Dean & Delores Jorgenson - Tabled (8:14 p.m.)
Dean & Delores Jorgenson, Pt of GL 5, Cry stal Lake (56-739), Maplew ood Tow nship request the following: #1 Harry Jorgneson, my
father bought this property in 1943. Enclosed you will find historical aerial photos and site photos, which show old oak trees
inundated w ith lake w ater. The rising w ater has consumed nearly all of the buildable area betw een the roadw ay and the w ater. With
that said I am requesting a variance of the setback from the OHW from the required 200’ to a 90’ setback for Parcels E and
F. Request for Parcels to be declared suitable for single family use. 1 have 2 children and my desire is to leave a piece of this family
property to each kid. The enclosed maps give has contours a visual representation of the site, water frontage distances buildable area
Board of Adjustment
August 13, 2020
Page I 8
SCALE DRAWING FORM
Tax Parcel Nijrriber(s)
The 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
Impervious Surface Calculation (see back).
Scale
\-,5b
\
\.4
rx.<<s
5€TV?
\s:3 9
• X1:f'lr V.s 3
111
—I
■^1'
^ W v/^ '—5" 5
u
si5n5$4 1'Si
r5 Hs
2 > 'i)_£ -
V ,I a.Ha■I-r I
0^0 ^
I'i cu,«>\n -f <acCDixV'N.rO
>'
s ^ § '2)
iig^/‘/h /3k-
KN >■Iny'
14.J c,
I g. *p CT' ^
1 <i
S-vj
_>.J.u xa3L3
ivV.
s^ r«s
3-^ X £ - 4: OS
rO
-i <0!X <Vi/ -/I«>ws
;0 ^^ 3
c::> 5
Os
?<•
ili
vs /$
V
s^Sm S.S.S.->v Xv.
c 05"^O
trr:£v>^ Ki
3
36*-y
f]I
r >
v>5 -
Signature of Property Owner Date
rBK —042016 gus Fails. MN • 1-800 i46^870360.800 • Vict<Umdeen Co.. Printers •
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
Ft^Ft^Ft Ft
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^ Ft^Ft^Total Buildings
100+X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
fP Ft^Ft^Ft^
100+-r X
impervious Surface Caicuiation Worksheet 04-11-2016
Signature:Date
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
9583.3Lot Area (ft^):
C>, IZ Other Impervious SurfaceBuildings
ExistingExistingProposed Proposed
Ft^Ft^Ft^Ft^
____
h) he
Deck(s)Dwelling
Patio(s)Attached Garage
Sidewalk(s)Detached Garage
1 Landing(s)Storage Shed
Driveway(s)WOAS
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
(Plastic Barrier). . f ^ ^ ^ ^ ^_______
Miscel\aneouY-htLma S/rju
Lanain^
TOTAL OTHER
Landscaping
UA
9V6’-'/Ml mvTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^ Ft^ Ft^Total Buildings
IM.Ml LI30m9503-^100+-i-X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^ Ft^ Ft^
Ml q503-9.\WM m 0-li^100+-i-X~ ~
Impervious Surface Calculation Worksheet 04-11-2016
Signature:Date
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify aii existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing.
Def # 76. Shore Impact Zone ISIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Existing Ft^Proposed Ft^
m7MI 9^Building(s)ms.iDeck(s)
Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
P
Miscellaneous
mTOTAL
1Total
Shore Impact Zone
Impervious Surface
Existing PP Proposed Total
Ft^Ft^Ft^
m Maximum Allowable 260 Ft^
qU>%
Impervious Surface Calculation SIZ 04-11-2016
Signature:.Date:
i
SS44S4No delinquent taxes and transfer entered; Certificate of
Real Estate Value (
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #
was filed/recorded in this office
for record on the Hay of
^ • * - ___2001 at /^i£0_am/pm
) filed (
Certific^e of Real Estate Value No.
Wayne Stein, County Auditor-&L
) not required.
(Year)Wendy L. metcaH, County Recorder
D«.p.ty
C\l ronnrfting fee
A3.00 c f<L mmii certificate
c\ cs^ ^f\
S. (Vvc^rtorv.
Ps.tc.Kv3 V U e ^ A\aJ
by:
by
Deputy
Form No. 5-M-WARRANTY DEEDDEED TAX DUE: $
May 14, 2001 Individual(s) to Joint TenantsDate:
Earl L. Hislop and Maxine T. Hislop, husband and wifeFOR VALUABLE CONSIDERATION,
(marita] status)Raymond Moody and Marcia J. MoodyGrantor, hereby conveys and warrants to
Ot-.l-er Tai 1Grantees, as joint tenants, real property in County, Minnesota, descnlsed as follows:
Plecise see reverse for legal description
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Check box if applicable;
L,J.The Seller certifies that the seller does not know of any wells on the described real property.
I v/T A well disclosure certificate accompanies this document.
I__j I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real
property have not changed since the last previously filed well disclosure certiEcate.
OAT
Maxine T. HislopT ' /'/\y~ W o-/—v<
STATE OF MINNESOTA }ss.DAKOTACOUNTY OF./SJThis instrument was acknowledged before me on
______Earl L. Hislop and Maxine T. Hislop, husband and wife
Date
by.
SIGNATU^OF NOTARY FU^Ut OR OTHER OFFICIAL
Check here if pari or all of the laMjs^egistered (Torrens) f I
BJMUNDC. IMEISINOER
NOTAfnr PU8UC • MINNESOTA
My Commi Expbas Jm. SI. 3005 \
Tax Statements for the real property described in this instrument should
be sent to (include name and address of Grantee):
THIS INSTRUMENT WAS DRATTED BY (NAME AND ADDRESSl:
Edmund C. Meisinger
Attorney at Law
60 East Marie, Suite 109
west St. Paul, MN 55118
Mr. and Mrs. fiawtond Moody 39179 S Marion lake Drive
Richville, MN 56576
DCMN5M
That part of Government Lot Six (6) in Section One (1),
Township One Hundred Thirty-five (135) North, Range Forty (40)
West, Otter Tail County, Minnesota, described as follows:
Beginning at the northeast corner of Lot One (1), of Klein and
Adams Point, according to the plat on record at the Register
of Deeds Office, Otter Tail County, Minnesota; thence running
north fourteen (14) degrees fifty three (53) minutes East one
hundred (100) feet; thence north seventy-five (75) degrees
seven (7) minutes west ninety-five (95) feet more or less to
the waters edge of Marion Lake; thence running in a general
southwesterly direction along said lake a distance of
approximately one hundred (100) feet to the northerly line of
said Lot One (1) Klein and Adeuns Point, thence south seventy-
five (75) degrees seven (7) minutes east ninety-five (95) feet
more or less to the point of beginning and containing Twenty-
two hundredths (0.22) of an acre more or less. AND together,
the grantors and grantees herein will mutually agree to
reserve -for access roadway purposes the following described
tract, in said Government Lot Six (6) beginning at the
northeast corner of said Lot One (1) Klein and Adams Point, a
recorded plat; thence south 75 degrees 7 minutes east along
I the northerly line of the public road a distance of 33 feet;
thence north 3 degrees 23 minutes west 105.3 feet to the
northeast* corner of the above first described tract; thence
north 75 degrees 7 minutes west 33 feet along the northerly
line of said first described tract, thence south 3 degrees 23
minutes east 105.3 feet to the point of beginning.
*Prior deed incorrectly refers to Northwest
/V- 0Db-10‘0ODf.Do/
* W b « % *%VV _ 4 Ik%Ar'-
STAFF REPORT
Raymond & Marcia MoodyAPPLICANT:
Proposing to construct an addition to the dwelling and an attached garage being 43’
from the OHWL at the closest point. The addition and attached garage will be 3.5' from
the tank and approximately 8' from the drainfield at the closest points. The proposed
attached garage will be approximately 4' from the road right of way. The shore impact
zone impervious surface approximately 4' from the road right of way. The shore impact
zone impervious surface coverage will increase from 242.56 sq.ft, to 338.56 sq.ft. The
lot is a substandard lot of record.
APPLICATION:
39179 South Marion DR, Richville MN 56576, 14000010004001LOCATION:
LAKE NAME/NUMBER/CLASS: Marion, 56-243, GD
STAFF WHO COMPLETED REPORT: Chris LeClair
ITTB s
▼ MOODY,RAYMOND 8i MARCIA X Q,
ShO'A ''esults ^'or MOODY,
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1. Variance from Sanitation Code required for setbacks to septic tank and soil treatment area.
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
RIVERSLAKES
U&T Ag TransSETBACKS (Ft)
Elevation Above OHWL
NEGDRD
3 3Vertical Separation*3 3 33
Setback From
OHWL
Dwellings / Non-Dwellings 100 100 15010020075
20 2020 20 2020WOAS
Lotline**
10 1010 10 10Single Family Residence
Commercial PUD
10
50 50505050 50
50 5050 50Residential PUD 50 50
90 40 65 1154065WOAS
30 30Top of Bluff
Road Rieht-of-Wav (Public / Private)
30 30 3030
20 20 202020 20All Structures
Septic Tanks
10 1010 10 10All Structures 10
Soil Treatment Area
20 20 20 20Dwelling
Non-Dwelling
Maximum Structure Height
20 20
10 10101010 10
35 3535 35Dwelling35 35
20 20Non-Dwelling ***20 2020 20
10 101010 10 10WOAS
IMPERVIOUS SURFACE
SHORELAND MANAGEMENT ORDINANCE
SECTION IV, Subp. 8, B
The following are specific standards:
Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings
must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square ft.
B.
1.
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 August 3, 2020. Compliance inspection received by office on 5/27/2020. System compliant.
2. Proposed addition too close to septic system. Tank setback is 10 feet.
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:
Raymond & Marcia Moody
39179 South Marion Drive
Richville MN 56576
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, August 13, 2020 at 7:00 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:
Parcel No.-14000010004001
Pt of GL6
Section 01, Township 135, Range 40
Township Name - Dead Lake
Lake Name/Number/Class: Marion (56-243), General Development (GD)
Property Address:
The variance requested is the following;
Proposing to construct an addition to the dwelling and an attached garage being 43' from the OWHL at
the closest point. The addition and attached garage will be 3.5' from the tank and approximately 8' from
the drainfield at the closest points. The proposed attached garage will be approximately 4' from the
road right of way. The shore impact zone impervious surface coverage will increase from 242.56 sq. ft.
to 338.56 sq. ft. The lot is a substandard lot of record.
Legal Description:
39179 South Marion Drive, Richville MN 56576
Amy Busko
Board of Adjustment Secretary
July 30, 2020
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
Compliance Inspection FormMinnesota Pollution
Control Agency
520 Lafayette Road North
St. Paul, MN 55155-4194
Existing Subsurface Sewage Treatment Systems (SSTS)
Doc Type: Compliance and Enforcement
For local tracking purposes:Inspection results based on Minnesota Polluti n Control Agency (MPCA)
requirements and attached forms - additional locr requirements may also apply.
Submit completed form to Local Unit of Gove nment (LUG) and system owner
within 15 days
System Status
System status on date (mm/dd/yyyy): 5/26/2020
Q Noncompliant - Notice of Noncompliance
(See Upgrade Requirements on page 3.)
^ Compliant - Certificate of Cor ipliance
(Valid hr 3 years from report date, unless horter time
frame outlined in Local Ordinance.)
Reason(s) for noncompliance (chec (all applicable)
□ Impact on Public Health (Compliaric > Component #1) - Imminent threat to public health and safety
□ Other Compliance Conditions (Com tliance Component #3) - Imminent threat to public health and safety
□ Tank Integrity (Compliance Compor snt #2) - Failing to protect groundwater
□ Other Compliance Conditions (Com fiance Component #3) - Failing to protect groundwater
□ Soil Separation (Compliance Compi nent #4) - Failing to protect groundwater
□ Operating permit/rhonitoring plan re iuirements (Compliance Component #5) - NoncompliantI
Property Information
Property address: 39179 S Marion Dr. Richviil!, MN 56576
Property owner: Ray Moody__________________________
Parcel ID# or SecTTwp/Range: 14000010004001
Reason for inspection: Permit
Owner's phone: 651-303-3766
or
Representative phone._________________
Regulatory authority phone: 216-998-6095
Owner’s representative: ________________
Local regulatory authority: Ottertail County
Brief system description: 750 gal, tank, gravili/ flow to 14' x 19' seepage bed drainfield.
Comments or recommendations:
System installed on 5/16/1985.
i
:;i
Certification
/ hereby certify that all the necessary Informatioi
determination of future system performance has
possible abuse of the system, Inadequate maint
has been gathered to determine the compliance status of this system. No
been nor can be made due to unknown conditions during system construction,
mance, 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
K Soil boring logs
□ Other information (list):
□ System/As-S Forms per local ordinanceluilt drawing
www.pca.state.mn.us • 651-296-6300 • 8
wq-wwists4-31b • 6/4/14
0-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Pa$e 1 of 3
Inspector initials/Date: PJS | 5/26/2020
(mm/dd/yyyy)Property address: 39179 S Marion Dr. Richville,MN 56576
iliance component #1 of 51. Impact on Public Health - Com
Verification method(s):
H Searched for surface outlet
S Searched for seeping in yard/backup in home
n 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
□ Unable to verify (See Comments^xplanation)
□ Other methods not listed ("See Comments/Explanation)
Compliance criteria:
Yes S No□System discharges sewage to the
ground surface. _______________
System discharges sewage to drain
tile or surface waters.______
Yes S No□
Yes E NoPSystem causes sewage backup into
dwelling or establishment.
!Any “yes" answer above indicat fs the
system is an imminent threat to lublic
health and safety.
Comments/Explanation;
2. Tank Integrity - Compliance com aonent #2 of 5
Compliance criteria:Verification method(s):
S Probed tank(s) bottom
^ Examined construction records
□ Examined Tank Integrity Form (Attach)
□ Observed liquid level below operating depth
□ Examined empty (pumped) tanks(s)
CH Probed outside tank(s) for “black soil”
□ Unable to verify (See Commenta/Explanation)
□ Other methods not listed (See Comments/Explanation)
□ yes ^ NoSystem consists of a seepage pit,
cesspool, drywell, or leaching pit.
Seepage pits meeting 7080.2550 may be compliant if allowed in locai ordinance.
□ yes ^ NoSewage tank(s) leak below their
designed operating depth.
If yes, which sewage tank(s) leaks:
Any "yes” answer above indicate
system is failing to protect grour
s the
dwater.
Comments/Explanation:
3. Other Compliance Conditions — Compliance component #3 of 5
a. Maintenance hole covens are damaged, cracked, unsecured, or appear to be structurally unsound. □ Yes* S No □ Unknown
b. Other issues (electricalhazards, etc.) to irr nediately and adversely impact public health or safety.
*System is an imminent threat to put ic health and safety.
Explain:
□ Yes* E No □ Unknown
c. System is non-protective of ground wat( r for other conditions as determined by inspector. □ Yes* ^ No
*System is failing to protect groundw 3ter.
Explain;
www.pca.state.mn.us • 651-296-6300 • 8(
wq-wwists4-3lb • 6/4/14
0-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 2 of 3
i/IN 56576 Inspector initials/Date: PJS | 5/26/2020Property address; 39179 S Marion Dr. Richville,
(mm/dd/yyyy)
4. Soil Separation — Compliance con iponent #4 of 5
Date of installation: 5/16/1985
(mm/dd/yyyy)
Shoreland/Wellhead protection/Food beverage lodging?
Compliance criteria:____________^
I J Unknown Verification method(s):
So/7 observation does not expire. Previous soil
observations by two independent parties are sufficient,
unless site coridltions have been altered dr local
requirements differ.
El Conducted soil observation(s) (Attach boring logs)
D Two previous verifications (A/fac/r boring logs)
□ Not applicable (Holding tank(s), no drainfield)
□ Unable to verify (See Comments/Explanation)
Q Other (See Comments/Explanation)
3 Yes O No
D Yes □ NoFor 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 two-foot vertical
separation distance frotin periodically
saturated soil or bedrock________________O'"iO"ir3 Yes Q 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 ser\ring a food,
beverage, dr lodging establishment:
Drainfield has a three-foot vertical
separation distance from periodically
saturated soil or bedrock *
‘•HIt'tr ^0"
CjPvrtAI
’'Experimental", “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 frpm periodically
saturated soil or bedrock.
H Yes □ No Indicate depths or elevations
28"A. Bottom of distribution media
>64"B. Periodically saturated soil/bedrock
>36"C. System separation
D. Required compliance separation*
‘May be reduced up to 15 percent if allowed by Local
Ordinance.
36"
Any "no” answer above indicates th i system is
failing to protect groundwater.
BMP* ^ Compliance component #5 of 5 Not applicable5. Operating Permit and Nitrogen
□ 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 employ a Nitroger BMP?
BMP = Best Management Practice(s) i oecHiedin the system design
If the answer to both questions is “r o”, this section does not need to be completed.
Compliance criteria
a. Operating Permit number:____________________
Have the Operating Permit requireme its been met?
n Yes □ No
□ Yes □ Nob. Is the required nitrogen BMP in place and properly functioning?
Any “no” answer indicates None tmpUance.
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, ref aced, 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 t\ 'o feet of design soilseparation, then the system need not be upgraded, repaired, replaced, or
its use discontinued, notwithstanding any local o dinance that is more strict. This provision does not apply to sy^ems in shoreland areas.
Wellhead Protection Areas, or those used in con lectioh with food, beverage, and lodging establishments as defined In law.
8 0-657-3864www.pca.state.mn.us • 651-296-6300
wq-wwists4-3lb • 6/4/14
TTY 651-282-5332 or 800-657-3864 ■ Available in alternative formats
Page 3 of 3
Parcel Number: lOplOOO ^O0(
Date & Initial:
System Drawing
The system drawing which includes and identifies a gra hie scale in feet or indicates ail setback distances, all septic/holding/lilt tanks,
drainfields, wells within 100 feet of system (indicate dep h of wells), dwelling and non-dwelling structures, lot lines, road right-of-v/ays.
easements, OHVtiLs, wetlands, and topographic feature : (i.e. bluffs).
I
'Ll!5*l4—8^
n4t\
(
f } I5t)
I
p<-
1
I
'SfiphT- i>iAdditional Comments;
Page 2 of 2Exccb'Con'.cliarcc rorrr for OTC ^/1^/2C17
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 30*'' day of July, 2020 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
Kimberlie Wells, Clerk
Dead Lake Township
PO Box 54
Richville, MN 56576
Marion Lake Association
Jim Kushinski
PO Box 112
Richville MN 56576
Raymond & Marcia Moody
39179 South Marion Drive
Richville MN 56576
City Clerk (if located within 2 miles of a city) City of Richville, Leslie Lee, Clerk 611 3rd St SW, Richville, MN 56576
2 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
tu
MS (Neat^e r>tD(6nald ; PJ^A Big
FisTtikB
Big 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: Brent Frazier, PO Box 255, Pelican Rapids MN 56572
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: July 30, 2020
Extra
BOA Members___5
PC Member
Envelopes _
TOTAL NOTICES TO PRINT____28
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
7Amy Busko, Secretary
Otter Tail County Board of Adjustment
1mi‘MinutesBy:14Amy Busko
l:\BOA\August BOAiMoody Affidavit (243) 08-13-20.docx
■ •ptr-
Buffer Parcels
Citv St ZiDParcel No Addr 2Addr 1Name 1
14000010004001 Raymond & Marcia Moody
Name 2
Richville MN 56576 960739179 Marion DrS
Custer SD 57730 162714000010004002 Earl 5 Gordon 47 9th St N
Urbana IL 61801 670614000990331000 JohnLCox 2108 Zuppke Dr S
Sioux City lA 51102 171314000990332000 Christine A Gill PO Box 1713
Ham Lake MN 55304 650214000990335000 Robert C Loerzel 4457 151st Ln NE
Omaha NE 68105 128214000990336000 Grant R & Mary Ann Colling 3601 Jones St Apt 108
Andover MN 55304 279614000990337000 Haedtke 1st Et Al 1750 158th Ave NW
Andover MN 55304 279614000990338000 Haedtke Tst Et Al 1750 158th Ave NW
Fargo ND 58104 850214000990339000 David & Rebecca Elbert Tst 3786 Dorothea Ct 5
Vermillion MN 55085 002314000990340000 Lorraine Peine PO Box 23
Rosemount MN 55068 140814000990341000 Jeffrey P Nelson Et Al 16204 Fishing Way
Dakota City NE 68731 3093Chris Gill And Carrie Novak14000990342000 Mdcc LLC 770 Dakota Flats Dr
Urbana IL 61801 670614000990345000 John L Cox Et Al 2108 Zuppke Dr 5
Lincoln NE 68502 464514000990348000 Charles R Heinke Et Al 1856 Pawnee St
Alexandria MN 56308 220314000990361000 Arlene Neu 609 9th Ave W
14000990362000 David & Rebecca Elbert Tst Fargo ND 58104 85023786 Dorothea Ct S
Paee 1 of 1Wednesday. Julv 29. 2020
Buffer Mail
city, State, ZipAddress iName Address 2
Charles R Heinke Et Al Lincoln NE 68502 46451856 Pawnee St
Grant R & Mary Ann Colling Omaha NE 68105 12823601 Jones St Apt 108
John LCox Urbana IL 61801 67062108 Zuppke Dr S
David & Rebecca Elbert Tst 3786 Dorothea Ct S Fargo ND 58104 8502
Christine A Gill Sioux City lA 51102 1713PO Box 1713
Earl S Gordon 47 9th St N Custer SD 57730 1627
Haedtke Tst Et Al 1750 158th Ave NW Andover MN 55304 2796
Jeffrey P Nelson Et Al 16204 Fishing Way Rosemount MN 55068 1408
John L Cox Et Al 2108 Zuppke Dr S Urbana IL 61801 6706
Robert C Loerzel Ham Lake MN 55304 65024457 151st Ln NE
Mdcc LLC 770 Dakota Flats Dr Dakota City NE 68731 3093
Raymond & Marcia Moody Richville MN 56576 960739179 Marion DrS
Arlene Neu 609 9th Ave W Alexandria MN 56308 2203
Lorraine Peine Vermillion MN 55085 0023PO Box 23
Wednesday, July 29, 2020 Page 1 of 1