HomeMy WebLinkAbout17000030060001_Variances_10-13-2022Date Received
LYNH R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
iny9i yon"'? o~'i&R Initial
The above space is reserved for the county recorder r0- 'H ■ PAGES 6
WELL CERTIFICATE REC'D; N
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.ottertaiicountvmn.us
^ noApplication Fee
^Receipt Number
Reviewed/Accepted By / Date
___DAYTIME PHONE
hris Schuler - Century Builders - 3280 Veterans BLVD Suite 330, Fargo, ND 58104
JDH INVESTMENTS LLC 701-893-6551 ChrisPROPERTY OWN
MAILING ADDRESS
chris@centurybuildersnd.comE-MAIL ADDRESS
56-786 GDPelican LakeLAKE NUMBER LAKE NAME LAKE CLASS
Dunn____TOWNSHIP RANGE TOWNSHIP NAMESECTION
PARCEL
NUMBER
E-911
ADDRESS17000030060001 25010 NEWPORT BEACH RD, DETROIT LAKES, MN 56501
LEGAL DESCRIPTION
PT GL 3 BOUNDED ON N BY S LN FELICITY LAKE, ON S BY N SHOREBIG PELICAN LAKE.
ON W BY LN
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT: 2004
INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S).
OTTER TAIL COUNTY ORDINANCE (Please Check)
0Shoreland Management Ordinance
EH Sanitation Code
EH Subdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S):
EHRenewable Energy Ordinance
EH Other______________
^ Snh(^iA if ^ IOIhuc
[^Attached Subsurface Sewage Treatment System Compliance Inspection
EH No septic system on property
Inspection Date:
Property Owner
Parcel Number/7600 OoL?C> COf
Page 2
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
VARIANCE REQUEST:
4v Con<,jyw^f M (XiLJbh^,^ Ei/v^clt
-frJin OtHoL-
LKXj
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY 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.
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
/3. i<?2ZDate Of Board of Adjustment Hearing
Motion
Time
Variance Application Approved as Requested (6:29 p.m.) - After consideration and discussion, Rick West made a
motion, seconded by Rick Wilson and carried to approve the variance to construct an addition to the dwelling being 54 feet
from the ordinary high water level. This decision is based on the Findings of Fact and Decision Form, which contains the
criteria reviewed and the Board’s findings 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 granted shall expire five (5)
ye^ from the ^aof approval. The expiration date of this variance approval is October 13, 2027.
's
Chairman/Otfer Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
lolpl
ij R Official/Date 'Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 082021
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Wr Kyle Westergard
Asst. Director
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: jdh Investments LLC
Address/Parcel No. 25010 Newport Beach Rd / 17000030060001
Requested Variance: Inside dedicated setback. Proposing to construct an addition to the dwelling being 54 feet from
the ordinary high water level.
Otter Tail County Ordinance; X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation; Sec. 6 Subp. 4 A (OHWL Setbacks)
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; Existing structure has an odd layout which does not allow the expansion to
meet the setback, wanting to enclose an existing pergola area.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The land use ordinance allows property owners to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
□ No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The proposed addition is a minimal addition does not increase the existing impervious surface as it exists today.
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....
□ 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, not
changing the impervious surface just enciosing the existing patio.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
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:
I
There are similar structures with similar setbacks in this neighborhood.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The improvements with minimal change enclosing existing patio.
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.
DATED: October 13, 2022
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 woter 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.
:
j
I
I
Alex Jon Samuelson - Cont.
This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings
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 granted shall expire five (5) years from the date of approval. The expiration
date of this variance approval is October 13, 2027.
Myron «& Jill Carlson -Variance Application Approved as Requested (6:18 p.m.)
Myron & Jill Carlson, Commencing at Meander Comer No. 22 on East Line, Little McDonald Lake (56-328) in Edna Township
requested the following: Construct a 32.3’ x 32’ attached garage to existing dwelling. Relocate existing West deck to West side of
new garage. Building lines parallel to dwelling require variance for setback requirements fi'om OHWL and County Highway Right
Away. OH WE setback of 59.1’ & ROW setback of 5.9’.
Myron & Jill Carlson, property owners represented the variance application.
An email was submitted by Matthew Yavarow. Otter Tail County Highway Department indicating that he has reviewed the
application and has no comment.
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and carried to approve the variance to
construct an attached garage and relocate the existing deck being 59.1 feet from the ordinary high water level and 5.9 feet from the
road right of way. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the
Board’s findings 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 granted shall expire five (5) years from the date of approval. The expiration
date of this variance approval is October 13, 2027.
JDH Investments LLC-Variance Application Approved as Requested (6:29 p.m.)
JDH Investments LLC, Pt GL 3 Bounded on N By S Ln Felicity on S by N Shore Big Pelican Lake, Pelican Lake (56-786) in Dunn
Township requested the following: Inside dedicated setback. Proposing to construct an addition to the dwelling being 54 feet from the
ordinary high water level.
JDH Investments LLC, Chris Schuler, Century' Builders represented the variance application.
An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating that he has reviewed the
application and has no comment.
After consideration and discussion, Rick West made a motion, seconded by Rick Wilson and carried to approve the variance to
construct an addition to the dwelling being 54 feet from the ordinary high water level. This decision is based on the Findings of Fact
and Decision Form, which contains the criteria reviewed and the Board’s findings 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 granted
shall expire five (5) years from the date of approval. The expiration date of this variance approval is October 13. 2027.
Brenda Knoll Rev ocable Living Trust -Variance Application Approved as Requested (6:35 p.m.)
Brenda Knoll Revocable Living Trust. Lots s2 & 3 Blk 2 of Engstrom Beach. Big McDonald Lake (56-386) in Edna Township
requested the following: We are requesting a 12 foot variance for the road setback to allow us to construct a house addition within 8
feet of the platted road right of way.
Brenda & Henry Knoll, property ow ners and Chris Heyer. Moore Engineering (appeared via teams) represented the variance
application.
An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating that he has review ed the
application and has no comment. Echo Dockter, Clerk of Edna Township submitted an email indicating that Edna Township has no
objections to the variance request. Cynthia Wedry k submitted an email in support of the variance as requested.
After consideration and discussion, Terry' Marthaler made a motion, seconded by Rick West and carried to approve the variance to
construct an addition to the dwelling being 8.2’ from the road right of way. This decision is based on the Findings of Fact and
Decision Form, which contains the criteria reviewed and the Board’s findings 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 granted shall
expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027.
Page I 2 Board of Adjustment
October 13, 2022
STAFF REPORT
APPLICANT: JDH INVESTMENTS
APPLICATION: Inside dedicated setback. Proposing to construct an addition to the dwelling being 54
feet from the ordinary high water level.
STAFF WHO COMPLETED REPORT: Amy Busko
PLUCAS uucr\*6
mtCANlAKt
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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:
Applicable Ordinances/Statutes:
Shoreland Management Ordinance
Section 6. Subp. 4. Table IV
Placement of Structures and Sewage Treatment Systems on Lots
Structures and accessory structures must be located to meet all setbacks, and comply with the following
OHWL setback provisions:
Table IV Setbacks for Structures on a Lot
StructuresClassification
Natural Environment 200
Recreational Development 100
General Development 75
150Transition
Agriculture, Urban and Tributary 100
Staff Comments: Based on a review of the application and a site review, Staff offers the following
comments:
1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
.■
Sfi
• i
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:
JDH Investments LLC
4379 66"^ St. S.
Fargo ND 58104
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter
Taii County Shoreiand Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controis
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, October 13, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the pubiic hearing or participate virtuaily to present the
appiication.
Public comments regarding this application can be expressed by maii or emailed to land@co.ottertail.mn.us must be
received by 12:00PM the day before the pubiic hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** 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 legaliy described and located at:
Legal Description:Parcel No. - 17000030060001
Pt GL 3 Bounded on N By S Ln Felicity Lake on S by N Shore Big Peiican Lake
Section 3, Township 137, Range 41
Township Name - Dunn
Pelican Lake (56-786), General Development (GD)
25010 Newport Beach Rd., Detroit Lakes MN 56501
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Inside dedicated setback. Proposing to construct an addition to the dwelling being 54 feet from the
ordinary high water level.
September 29, 2022 Amy Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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Land & Resource Management
Impervious Surface Worksheet Existing
OTTER TAIL Page 1COUHr»'i*HNLSOTA
25010 Newport Beach, Detroit Lakes, MN 17000030060001PINProperty Address
Property Area (from GIS or Survey):Square Footage of Lot
Acres X 43,560
ft^7.06 A1Acres 307533
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X ,2076883.25 61506.6000001A2 A3
□
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Total Impervious Surface
Description Area Description Area
4660 ft^26606 ft^14495 ft^B1Dwelling and Attached Garage Driveway/Parking area(s)Total Impervious-Buildings
26607.744ft^1,744 ClDetached Garage Patio/Sidewalk Total Impervious-Other
Total Impervious Surface
B1 +C19835 41102.744 ft^If D1Shed(s)Retaining wall(s)
Total Percent impervious
(D1 + A1)x 100 13.37%ft^ElMiscellaneous Landscaping
ft=ft^Recreational Camping Unit Deck(s)35780.50Allowable Total Area Remaining A2-D1 6ifOther:Water Oriented Accessory Structure
26607.744ft^14495B1 Cl Project being requested:Total Impervious-OtherTotal Impervious-Buildings
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items I—I not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 ^ A1)x 100
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Int:Date:B2 4.71%
□ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This
|~| exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3 - B1
47,011.60B3
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/ Agriculture, Urban,Tributary Rivers)
75 ft (Transition River)
100ft(NE Lakes)
37.5 ftSIGeneral DevelopmentLake Classification
Shore Impact Zone Area
SI X S2
ft^S3S2 16725446ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface S3X.15 ft^S4 2508.75
List all other impervious surfaces in the Shore Impact ZoneList all structure footprints in the Shore Impact Zone
Total Impervious Surface
Description Area Description Area
ft^S5ft^234 ft^0Patio/SidewalkBuilding(s)Buildings
234S6ft^ft^Deck(s)Other
Total Impervious Surface
S5+ S6 234 teft^S7ifLandscaping/retainging wall(s)
Total Percent Impervious
(S7- S3) X 100 1.40%if ifDriveway/Parking area(s)
ft^ft^Miscellaneous
Allowable Area Remaining S4-S7 2274.75ft^if
0 ft^234SIZ Total Impervious-Buildings 35 S6SIZ Total Impervious-Other 7/1/2021
2.Y^^o/ -2.Z
Date 'SigraturePrinted Name
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
25010 Newport Beach, Detroit Lakes, MN 17000030060001PIN
Property Address
Property Area (from GIS or Survey):Square Footage of Lot
Acres x 43,560 teA17.06 Acres 307533
Total Area Allowed for Impervious Surface
A1 X.25
Total Area Allowed for Buildings
A1 X .2076883.25 61506.60000Cft^A2 A3
□
List ALL proposed structure footprint areas List ALL proposed other impervious surfaces
Totai Impervious Surface
DescriptionDescriptionArea Area
Total Existing Building
Impervious from Page 1
Total Existing Impervious-
Other from Page 114495 26607.74-ft^C1B1
Total Proposed Building Impervious 14908413ft^F1Driveway/Parking area(s)Dwelling and Attached Garage
Total Proposed Impervious- Other-285 26322.7^G1Detached Garage Patio/Sidewalk
Total Proposed Impervious Surface
FI +G1________________
41230.7^ft^fe HIShed(s)Retaining wall(s}
Total Proposed Percent Impervious
(HI >A1)x 100_______
13.41%fF 11Miscellaneous Landscaping
ft^ ft^Deck(s)Recreational Camping Unit
Allowable Area Remaining A2 35652.50]HI
teWater Oriented Accessory Stnjcture Other
26322.7^14908 G1FITotal Impervious-OtherTotal Impervious-Buildings
Percent Building Impervious
(F1 ^-A1)x 100 4.85%
Allowable Building Area Remaining A3-FI 46,598.60fP
□
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agriculiral, Urban,Tributary River) o d 75 ft (Transition River) *
100ft(NE Lakes)
37.5 ftLake Classification General Development
Shore Impact Zone Area
SI xS2 16725 ft^S2 S3446ftAverage lot width In the Shore Impact Zone)
Total Area Allowed for Impervious Surface S3X.15 2508.75S4 ft^
List alt proposed structure footprint areas List all proposed other impervious surfaces
Total Proposed Impervious Surface
Description Area Description Area
Total Existing Building
Impervious (Pg 1)
Total Existing Impervious-
Other (Pg 1)0 234 ft^S5 ft^S6
0 fFfF fF S8Building(s) Patio/Sidewalk Proposed Buildings
234 fFS9fF fF
Deck(s)Proposed Other
Total Impervious Surface
S8 + S9
234 fFft^fF S10Landscaping/Retaining wall(s)
Total SIZ Percent Impervious
(S10 + S3)x 100 1.40%fF fFDriveway/Parking area(s)
fF Micellaneous 2274.75Allowable Area Remaining S4-S10 fF
ft^ ft=
234S80ft=S9,l2
Total Impervious-Buildings Total Impervious-Other 7/1/2021
Date II
SignatuiPrinted Name
Minnesota Pollution
Control Agency
520 Lafayette Road North
St Paul, MN 55155-4194
Compliance Inspection Form
I ixisting Subsurface Sewage Treatment Systems (SSTS)
Doc Type: Compliance and Enhrcement
For local tracking purposes:Inspection results based on Minnesota Pollutio i Control Agency (MPCA)
requirements and attached forms - additional loca requirements may also apply.
Submit completed form to Local Unit of Govei iment (LUG) and system owner
within 15 days
System Status
System status on date (mm/dd/yyyy):i/21/2020
G Noncompiiant - Notice of Noncompliance
(See Upgrade Requirements on page 3.)
G Compliant - Certificate of Con pliance
(Valid for 3 years from report date, unless i horter time
frame outlined in Local Ordinance.)
Reason(s) for noncompliance (chec : all applicable)
□ Impact on Public Health (Complianc Component #1) - Imminent threat to public health and safety
□ Other Compliance Conditions (Comf liance Component #3) - Imminent threat to public health and safety
□ Tank Integrity (Compliance Compon mt #2) - Failing to protect groundwater
□ Other Compliance Conditions (Comj liance Component #3) - Failing to protect groundwater
□ Soil Separation (Compliance Compi nent #4) - Failing to protect groundwater
O Operating permit/monitoring plan rei uirements (Compliance Component #5) - Noncompiiant
Property Information
Property address; 25010 Newport Beach Rd,
Property owner; _Jon D. Hanson
Parcel ID# or Sec/Twp/Range: 17000030060001
)etroit Lakes, MN 56501 Reason for inspection: Owner Request
Owner’s phone: ____________________________________
or
Representative phone; _________
____Regulatory authority phone: 218-998-8095
Owner’s representative: _
Local regulatory authority; Ottertail County
Brief system description: 500 lift tank to 150( jal. tank to 1500/2 comp tank to chamber trench drainfield. 519.75 sq.ft.
Comments or recommendations:
Certification
/ hereby certify that all the necessary informatidp has been gathered to determine the compliance status of this system. No
been nor can be made due to unknown conditions during system construction,
enance, or future water usage.
determination of future system performance ha
possible abuse of the system, inadequate main
Certification number; 7526 _
License number 2982__ __
Phone number; 218-839-1849
Inspector name: Phil^Stoll
Business name: Stoll Inspections
Inspector signature.____
Necessary or Locally Required At achments
□ System/As built drawing ^ Forms per local ordinance^ Soil boring logs
□ Other information (list): ________
TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 1 of 3
00-657-3864651-296-6300 •www.pca.state.mn.us
wq-wwists4-31b • 6/4/14
Inspector initials/Date: PJS | 5/21/20206 roit Lakes. MN 56501Property address: 25010 Newport Beach Rd, D
(mm/dd/yyyy)
1. Impact on Public Health - Comp iance component #1 of 5
Verification method(s):
S Searched for surface outlet
S Searched for seeping in yard/backup in home
□ Excessive ponding in soil system/D-boxes
□ Homeowner testimony (See Comments/Explanation)
□ “Black soil" above soil dispersal system
□ System requires “emergency” pumping
□ Performed dye test
O Unable to verify (See Comments/Explanation)
□ Other methods not listed (See Comments/Explanation)
Compliance criteria:
O I'es E NoSystem discharges sewage to the
ground surface.________________
System discharges sewage to drain
tile or surface waters.
□ I'es S No
Q ^es ^ NoSystem causes sewage backup into
dwelling or establishment. ______
Any “yes” answer above indicaU s the
system is an imminent threat to f. ubiic
health and safety.
Comments/Explanation;
2. Tank Integrity - Compliance comi orient #2 of 5
Verification method(s):
S Probed tank(s) bottom
El Examined construction records
□ Examined Tank Integrity Form (Attach)
□ Observed liquid level below operating depth
□ Examined empty (pumped) tanks(s)
□ Probed outside tank(s) for "black soil”
□ Unable to verify (See Comments/Explanation)
□ Other methods not listed (See Comwents/Explanation)
Compliance criteria:
□ es ^ NoSystem consists of a seepage pit.
cesspool, drywell. or leaching pit.
Seepage pits meeting 7080.2550 may be
compliant if allowed in local ordinance.
□ 'es S NoSewage tank(s) leak below their
designed operating depth.
If yes, which sewage tank(s) leaks;
Any “yes” answer above indicate > the
system is failing to protect groun iwater.
Comments/Explanation:
3. Other Compliance Conditions - (:ompliance component #3 of 5
a. Maintenance hole covers are damaged,
b. Other issues (electricaihazards, efc.) to im
*System is an imminent threat to pub
Explain:
:racked, unsecured, or appear to be structurally unsound. □ Yes* * 0 No □ Unknown
nediately and adversely impact public health or safety. □ Yes* g| No □ Unknown
'c health and safety.
c. System is non-protective of ground wate for other conditions as determined by inspector. DYes* K No
*Systemis failing to protect groundw iter.
Explain:
www.pca.state.mn.us • 651-296-63CX) • 8( )
wq-wwists4-31b • 6/4/14
-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 2 of 3
Property address: 25010 Newport Beach Rd, Pet oit Lakes. MN 56501 Inspector initials/Date; PJS | 5/21/2020
(mm/dd/yyyy)
4, Soil Separation - Compliance com lonent #4 of 5
Date of installation: 5/20/2005
(mm/dd/yyyy)
Shoreland/Wellhead protection/Food beverage
lodging?
Compliance criteria:_______________
Unknown Verification method(s):
Soil observation does not expire. Previous soil
observations by two independent parties are sufficient,
unless site conditions have been altered or local
requirements differ.
S Conducted soil observation(s) (Attach boring logs)
□ Two previous verifications (/attach boring logs)
r~l Not applicable (Holding tank(s), no drainfeld)
r~l Unable to verify (See Comments/Explanation)
r~l Other (See Comments/Explanation)
E Yes □ No
C Yes Q NoFor systems built prior to April 1, 1996, and
not located in Shoreland or Wellhead
Protection Area or not sen/ing a food,
beverage or lodging establishment:
Dra infield has at least a two-foot vertical
separation distance from periodically
saturated soil or bedrock.
Yes □ NoNon-performance systems built April 1,
1996, or later or for non-performance
systems located in Shoreland or Wellhead
Protection Areas or serving a food,
beverage, or lodging establishment:
Drainfield has a three-foot vertical
separation distance from periodically
saturated soil or bedrock.*
Comments/Explanation:3/,
IVuit'U*
Yes □ No"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 from periodically
saturated soil or bedrock.
Indicate depths or elevations
22"A. Bottom of distribution media
>58"B. Periodically saturated soil/bedrock
>36"C. System separation
36"D. Required compliance separation*
*May be reduced up to 15 percent if allowed by Local
Ordinance.
Any "no” answer above indicates tin
failing to protect groundwater.
system is
^ Not applicableMP* - Compliance component #5 of 55. 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 I ermit?
Is the system required to employ a Nitrogen BMP?
BMP = Best Management Practice(s) sf eclfiedin the system design
If the answer to both questions is “m ”, this section does not need to be completed.
Compliance criteria __ ___ _________
a. Operating Permit number; ________________ _
Have the Operating Permit requiremer te been met? _
b. Is the required nitrogen BMP in place nd properly functioning?
Any “no” answer indicates Nona mpliance.
n Yes □ No
□ Yes □ No
Upgrade Requirements (Minn. Stat § 115.55) In Imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use
discontinued within ten months of receipt of this r >f/ce or within a shorter period if required by local ordnance. If the system Is failing to protect
ground water, the system must be upgraded, rep iced, 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 (V o feet of design soil separation, then the system need not be upgraded, repaired, replaced, or
its use discontinued, notwithstanding any local oi llnance that is more strict. This provision does not apply to systems in shoreland areas,
Wellhead Protection Areas, or those used in com ection with food, beverage, and lodging establishments as defined in law.
TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
Page 3 of 3
651-296-6300 • 8(0-657-3864www.pca.state.mn.us
wq-wwists4-31b • 6/4/14
Parcel Number: 1
Date & Initial:MSystem Drawing
The system drawing which includes and identities a grabhic scale in teet or indicates ail setback distances, aii sepiic/noiding/liR tanks,
drainfields, wells within 100 feet of system (indicate de| Ih of wells), dwelling and non-dwelling stmctures. lot lines, road right-of-ways,
easements, OHWLs, wetlands, and topographic feature 5 (i.e. bluffs).
i ifo*4'
I
\
I
0
3
ft
A
2«(nI/6epirLAdditional Comments:\V
z^ccyComdianco : onr. fcr OTC 4/1 '/2317 P«5ft 2 erf 2
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 29th day of September 2022 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
)
Lake AssociationProperty Owner Township Clerk
Sandra Tingelstad, Clerk See Below
Dunn Township
PO Box 347
Pelican Rapids MN 56572
JDH Investments
4379 66‘*’ St. S.
Fargo ND 58104
City Clerk (if located within 2 miles of a city) NA
Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaqement@outlook.com
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & 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
liJ
Big McDonald:
Devils (Near Perham):
Eagle Lake:
Lida Lakes
Little Pine & Big Pine:
South Turtle Lake:
Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537
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
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: September 29, 2022
Extra
BOA Members__
PC Member_____
Envelopes____H
TOTAL NOTICES TO PRINT____25
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press_____
6Amy Busko, Secretary
Otter Tail County Board of Adjustment 6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Investments Affidavit (56-786) 10-13-22.docx
Buffer Mail
Address i Address 2 City, State, ZipName
Dianne L Gibb 319 Broadway St N Unit A301 Fargo ND 58102 4714
Jason R Eid Gst Tst Et Al PO Box 9798 Fargo ND 58106 9798
Jdh Investments LLC 4379 66th St S Fargo ND 58104 6009
Jdh Investments LLC 1935 4th Ave NW West Fargo ND 58078 1331
Vernon & Isabel Kibble 3038 7th St E West Fargo ND 58078 7979
Riley Family Rev Liv Tst 200 4th Ave N Apt 408 Fargo ND 58102 5099
Roers Lake Property LLC 200 45th St S Fargo ND 58103 0907
Steven G & Lisa A Simonson 3123 Olson Dr Grand Forks ND 58201 7566
Sne Properties LLC 1112 South Shore Dr Detroit Lakes MN 56501 4818
Harry Wood 350 Collier Blvd S Unit 108 Marco Island FL 34145 4912
Harry & Candyce J Wood 350 Collier Blvd S Marco Island FL 34145 4912
Thursday, September 29, 2022 Page 1 of 1
Buffer Parcels vH
Parcel No
17000030035003 Harry & Candyce J Wood
Addr 2Addr 1 Citv St ZiDName 1 Name 2
350 Collier Blvd 5 Marco Island FL 34145 4912
17000030059000 Harry Wood Marco Island FL 34145 4912350 Collier Blvd S Unit 108
17000030060000 Harry Wood 350 Collier Blvd S Unit 108 Marco Island FL 34145 4912
17000030060001 Jdh Investments LLC Fargo ND 58104 60094379 66th St S
17000030060002 Jdh Investments LLC 1935 4th Ave NW West Fargo ND 58078 1331
17000030061000 Sne Properties LLC 1112 South Shore Dr Detroit Lakes MN 565014818
Steven G & Lisa A Simonson17000990767000 Grand Forks ND 58201 75663123 Olson Dr
17000990768000 Steven G & Lisa A Simonson Grand Forks ND 58201 75663123 Olson Dr
17000990769000 Dianne L Gibb 319 Broadway St N Unit A301 Fargo ND 58102 4714
17000990770000 Riley Family Rev Liv Tst 200 4th Ave N Apt 408 Fargo ND 58102 5099
17000990771000 Riley Family Rev Liv Tst 200 4th Ave N Apt 408 Fargo ND 58102 5099
17000990772000 Roers Lake Property LLC 200 45th St S Fargo ND 58103 0907
17000990773000 Roers Lake Property LLC 200 45th St S Fargo ND 58103 0907
17000990774000 Roers Lake Property LLC 200 45th St S Fargo ND 58103 0907
17000990775000 Vernon & Isabel Kibble West Fargo ND 58078 79793038 7th St E
17000990776000 Jason R Eid Gst Tst Et Al Attn Bell Bank Fargo ND 58106 9798PO Box 9798
17000990777000 Jdh Investments LLC 1935 4th Ave NW West Fargo ND 58078 1331
Thursday. September 29. 2022 Page 1 of 1
Amy Busko
Matthew Yavarow
Monday, October 3, 2022 11:05 AM
Amy Busko
Chris LeClair
Board of Adjustments - October 13th Meeting
From:
Sent:
To:
Cc:
Subject:
Amy,
The Highway Department has reviewed the variance requests for the October 13, 2022 meeting and have no comments.
Thanks,
Matthew Yavarow, PE
Assf. County Engineer
Highway Department
505 South Court Street, Suite 1
Fergus Falls, MN 56537-2757
Direct 218-998-8497 | Office 218-998-8470
ottertailcountymn.us
OTTER TAIL
COUNIV - MINNESOTA
Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C Sec. 2517(4). This e-mail message,
including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the
intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
1
1271175
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( ) filed ( / ) not required.Certificate of Real Est^ Value No..
w___________________Otter Tall COunty Auditor/"i reasurer
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
01/03/2022 01:23 PM
FEE: 46.00
PAGES 2
WELL CERTIFICATE REC'D: N
)
By:, Deputy
/ TooooJoOj&O0C>/m
(reserved for recording data)
QUIT CLAIM DEEDCOUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX $NUMBER \p- £>{qSQfe>i
\• ■Z'Z^
DEED TAX DUE:
/
Date;DATE
FOR VALUABLE CONSIDERATION, Jon D. Hanson and Lisa Hanson, husband and wife.
Grantors, hereby convey and quitclaim to JDH Investments, LLC, a North Dakota limited liability
company. Grantee, real property in Otter Tail County, Minnesota, described as follows:
All that part of Government Lots Two and Three located In Section 3 of Township 137,
Range 42 West which is bounded on the North by the South shore of Felicity Lake; on
the South by the North shore of Big Pelican Lake; on the West by a line which is
parallel to and 430 feet West of the West line of Newport Beach Subdivision; and on
the East by a line described as follows:
The southerly portion of said line is described as follows: Commencing at a found
iron monument which designates the North quarter corner of Section 3, Township
137 North, Range 42 West of the Fifth Principal Meridian in Otter Tail County,
Minnesota; thence South 00°49’15” East 1189.21 feet on an assumed bearing along
the East line of Government Lot Three of said Section 3; thence North 90°00’00” East
13.87 feet to the Point of Beginning and a found iron monument on the westerly line
of Lot Fifteen of NEWPORT BEACH; said plat is on file and of record in the office of
the Recorder of said County; thence South 01°12’17” East 49.15 feet along the
westerly line of said Lot Fifteen; thence North 90°00’00” West 4.01 feet; thence South
01°07’18” West 28.00 feet to an iron monument; thence continuing South 01°07*18”
West 63.95 feet to an iron monument; thence South 00*’38’35” East 128.76 feet to an
iron monument; thence South 01°39’S1” West 65.84 feet to an iron monument; thence
South 00°11’03” East 147.69 feet to an iron monument; thence continuing South
00*’11’03’’ East 13 feet, more or less, to the water’s edge of Pelican Lake and said
boundary line there terminates.
The northerly portion of said line is described as follows: Returning to the same point
of beginning as described above and thence continuing northward 284 feet more or
less to a point where the west line of Lot Fifteen intersects with the south shore of
Felicity lake and there terminating.
together with all hereditaments and appurtenances.
otter Tail County, Minnesota 1271175 1 of 2
The total consideration for this transfer of property is $500.00 or less.
Check if applicable;
The Seller certifies that the seller does not know of any wells on the described
real property.
A well disclosure certificate accompanies this document.
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 certificate.
X
Affix Deed Tax Stamp Here
Jon D. Hanson, Grantor
Lisa Hanson, Grantor
STATE OF NORTH DAKOTA )
) ss.
COUNTY OF CASS )
This instrument was acknowledged before me on December 28, 2021 by Jon D.
and Lisa Hanson, husband and wife.
inso
IJAMES R BULLiS
f S B A L ) Notary Public
State of North Dakota
My Commission Expires Oct. 16,2022
I I
Notary Public
Expires:
Check here if part or all of the land is Registered (Torrens)
THIS INSTRUMENT WAS DRAFTED BY: Tax Statements for the real property
described in this instrument should
be sent to;
JDH Investments, LLC
4379 66‘^' St S
Fargo ND 58104
James R. Bullis
JAMES R. BULLIS, P.C.
3280 Veterans Blvd S Suite 302
Fargo, ND 58104
(701) 936-8087
jim@bullislaw.com
Otter Tail County. Minnesota 127.1.175..2.of 2
CERTIFICATE OF SURVEY
JON HANSON
JON HANSON