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HomeMy WebLinkAbout17000170232001_Variances_07-14-20204 ' Date Received 1280632 LYHH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, TIN RECORDED ON 08/04/2022 11523 AMEPL&R Initial rcc; ‘to.uu PAGES 5 • 2 - the above space is reserved for the county recorder vj I-C' 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.ottertailcountvmn.us ^ FYD IT) 2013 -021 Application Fee _ Receipt Number Reviewed/Accepted By / Date Tobbie & Shelly Krueger 218-790-2684DAYTIME PHONEPROPERTY OWNER 23485 Fish Lk TrI Pelican Rapids, MN 56572MAILING ADDRESS kruegermasonry@yahoo.comE-MAIL ADDRESS Fish GD56-768 LAKE CLASS Dunn LAKE NUMBER SECTION TOWNSHIP RANGE LAKE NAME 042 TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER 17000170232001 23485 Fish Lk TrI Pelican Rapids, MN 56572 LEGAL DESCRIPTIONTR CALLED LOT 2 OF INWOOD ADDN. #2 RC BK 464 PG 175 IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY. WHAT YEAR WAS THAT STRUCTURE BUILT: INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REOUEST 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): Section 6, Subp. 4 & Section 8 Subp. 4B EH Renewable Energy Ordinance Dother 0Attached Subsurface Sewage Treatment System Compliance Inspection EH No septic system on property 06/06/2022Inspection Date: '• ■Page 2 Property Owner KruegGr Parcel Number 17000170232001 SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST: Requesting a 10 foot variance from the current 20 foot setback from the road right of way to build a detached garage 10 feet from the road right of way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. 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 OV/NER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY (y'-voDate Of Board of Adjustment Hearing Motion Time Tobbie & Shelly Krueger - Variance Application Approved with Condition (7:05 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to construct a detached garage being 10’ from the road right of way and reducing the impervious surface coverage to 28.48% with the condition that the structure will meet the 10’ lot line setback. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s fmdings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resoufce Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. ///! y airman/otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No kiSmI ll 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 Kyle Westergard Asst. DirectorOTTCRTAIl 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:Tobbie & Shelly Krueger Address/Parcel No. 17000170232001 Requested Variance: Requesting a 10 foot variance from the current 20 setback from the road right of wav to build a detached garage 10 feet from the road right of wav. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4 & Section 8 Subp 4B 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: Moved out there to be year-round and would like a garage. We will turn it a little bit so the one side will be 10' from the RROW and this will add more green space on one side of it. 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 central). 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: There are similar structures and land uses in the neighborhood with similar setbacks as noted during the onsite visit. 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 lot of record with a small building envelope. 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 of the request. S. 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 proposed improvements are to substandard lot of record. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Foct Addendum if this is an After-The-Fact variance request. DATED: July 14, 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 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. Charles F. Anderson & Abigail A. Smith - Continued After consideration and discussion, David Wass made a motion, seconded by Rick West with Thomas Lee voting no to approve the variance to construct a 10’ x 40’ lean-to roof to an existing building (30’ x 40’) being approximately 40’ to 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 July 14, 2027. Tobbie & Shelly Krueger - Variance Application Approved with Condition (7:05 p.m.) Tobbie & Shelly Krueger, Tr Called Lot 2 of Inwood Addn., Fish Lake (56-768) in Dunn Township requested the following: Requesting a 10 foot variance from the current 20 setback from the road right of way to build a detached garage 10 feet from the road right of way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. Tobbie & Shelly Krueger, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. Russell Larson submitted an email in support of the variance request. Jeff & Rhonda Harmon 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 a detached garage being 10’ from the road right of way and reducing the impervious surface coverage to 28.48% with the condition that the structure will meet the 10’ lot line setback. 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 July 14, 2027. Roxanne & Craig Irey-Variance Application Approved as Requested (7:12 p.m.) Roxanne & Craig Irey, A Tract of Land 75 feet in Width Being Part of GLs 2 & 3, Lida Lake (56-747) in Lida Tow nship requested the following: We would like to build a detached garage 2 feet from road right of way and 55 feet from the traveled surface. The standard is 20 feet from the right of way. Craig Irey, property owner, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. Lida Township submitted an email in support of the variance request indicating they have no objection to the Variance. After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance request to construct a detached garage being 2 feet from the road right of way and 55 feet from the traveled surface. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed 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 July 14, 2027. David D. Sweere - Variance Application Approved as Requested (7:24 p.m.) David D. Sweere. Lot 8 Blk I of Rainbow Point Estates. Marion Lake (56-243) in Rush Lake Township requested the following: Requesting to be 40' from the ordinary high water level with a new, type 1 mound soil treatment area. Required setback is 50’. David D. Sweere, property owner, represented the variance application. The audience was polled w ith James Lemke speaking, had a couple concerns, questioning did he “over build” on the site and is there a 2"** site for a system that is required to have. It was determined that this variance request is not the property that Mr. Lemke was referring to. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to install a type 1 septic system (mound system) being 40 feet from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed 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 July 14, 2027. Board of Adjustment July 14, 2022 Page I 3 STAFF REPORT APPLICANT: Tobbie & Shelly Krueger APPLICATION: Requesting a 10 foot variance from the current 20 foot setback from the road right-of- way to build a detached garage 10 feet from the road right-of-way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website 23485 FISH LAKE TRL Show search results for 234S5 ... .4 4/11 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 V A. Additional Structure Setbacks Structures and accessory structures must also meet the following setbacks, regardless of the waterbody classification: Table V Additional Structure Setbacks Setback (ft)Setback from; Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway 20 Right-of-way line of town road, public street, or other roads not classified. 20 10Property Line Property Line for Accessory Structures equal to or less than 120 5 ft' Property Line for Water-Oriented Accessory Structure 10 Section 8, Subp. 4 (B) 1) Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of a planned unit development, must not exceed 15% of the area of the SIZ. 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. * LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 COUNTY-MINNESOTA Notice of Hearingfor Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Tobbie & Shelly Krueger 23485 Fish Lake TrI Pelican Rapids MN 56572 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, July 14, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be received by 12:00PM the day before the public 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 legally described and located at: Legal Description:Parcel No. - 17000170232001 Tr Called Lot 2 of Inwood Addn. Section 17, Township 137, Range 42 Township Name - Dunn Lake Name/Number/Class: Property Address: Fish Lake (56-768), General Development (GD) 23485 Fish Lake TrI., Pelican Rapids MN 56572 The variance requested isthe following: Requesting a 10 foot variance from the current 20 setback from the road right of way to build a detached garage 10 feet from the road right of way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. .i/m’ Busko Board of Adjustment Secretary June 30, 2022 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 f I fee) —,SDsg^^ i|J.% r"A^>4-'^ A\X^ ^i i (\6'^ -X»ri[Oervs'Ou^ ^ -]-o ^6 rimmd[350^^ I rnth ^ \6'lifh otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 17000170232001Properly Address 23485 Flsh Lake TrI PIN Property Area (from GIS or Survey):Square Footage of Lot Acres x 43,560 ft^0.18 A1 8250Acres Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X .20 1650A2ft^A32062.5 List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious Surface Area Description AreaDescription ^ 254Total Existing Impervious- Other from Page 1 Total Existing Building Impervious from Page 1 1196 C1B1 Total Proposed Building Impervious 2096ft^ ft^F1Driveway/Parking area(s)Dwelling and Attached Garage Total Proposed Impervious- Other900 fF 254 ff^ft^G1Patio/SIdewalkDetached Garage Total Proposed Impervious Surface FI G1_______________ 2350 fFH1Retaining wall(s)Shed(s) Total Proposed Percent Impervious (HI -r A1)x 100______ 28.48%ft^fF nLandscapingMiscellaneous ft^Recreational Camping Unit Deck(s) Allowable Area Remaining A2 -287.5HI ft^ft^Water Oriented Accessory Structure Other: 2542096G1F1Total Impervious-OtherTotal Impervious-Buildings 0 lAj'Vi Ca/€.v Percent Building Impervious (FI-fAI)xlOO 25.41% ^.1 Allowable Building Area Remaining A3-FI -446.00 ;SHORE IMPACT ZONE 37,5 ft (GD Lakes) 50 ft (RD Lakes/Agricultral, Urban,Tributary River) o *1 75 ft (Transition River) ' 100 ft (NE Lakes) General Developmjpj 37.5 ftLake Classification Shore Impact Zone Area SI xS2 2062.5S3 ft^S2 55 ftAverage lot width in the Shore Impact Zone) Total Area Allowed for Impervious Surface S3X.15 309.375 ft^S4 List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface Area Description AreaDescription Total Existing Impervious- Other (Pg 1) Total Existing Building Impervious (Pg 1)80 126ft'S6S5 80 ft'ft'ft'S8Palio'StdewalKBuilding(s)Pcoposed Buildings 0 ft'ft'S9ft'Deck(s)Proposed Other Total Impervious Surface S8 + S9 80 ft'ft' ft'S10Landscaping/Retainirig \vall(s) Total SIZ Percent Impen/tous (S10-S3)x100 3.88%ft'ft'Driveway/Parking area(s) 229.375ft'ft'Micellaneous Allowable Area Remaining S4-S10 ft' ft' ft' 080 ft'ft'S9S8Total Impervious-OtherTotal Impervious-Buildings ~_________^ 7/1/2021 nrutCjJtrPrinted Name / •signature otter Tail County Land & Resource Management Impervious Surface Worksheet Existing OTTER TAIL Page 1 GDIMTY * MNNUOTA 23485 Fish Lake TrI Pelican Rapids p'N 17000170232001Property Address Property Area (from CIS or Survey):Square Footage of Lot Acres X 43.5600.18 A1 8250Acres Total Area Allowed for Impervious Surface ' A1 X .25 Total Area Allowed for Buildings A1 X .20 A2 2062.5 ft^A3 1650 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total Impervious Surface Description Area Description Area 1196956 fe 1336 B1Dwelling and Attached Garage Driveway/Parking area(s)Total lmpervious*6uildings 1504 ft^168ft^C1Detached Garage Patio/Sidewalk Total Impervious-Other Total Impervious Surface B1 +C1240 2700D1Shed(s)Retaining wall(s) Total Percent Impervious (D1 +A1)x100 32.73%ft^ ft^ElMiscellaneous Landscaping ft^-637.5ft^Recreational Camping Unit Deck(s) Allowable Total Area Remaining A2-D1ft^Other: Water Oriented Accessory Structure 1504 ft^1196 Project being requested:B1 C1Total Impervious-OtherTotal Impervious-Buildings Accessory structures less than or equal to 120 sq ft without a permit. This exemption only applies to items l-J not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (BI-^AI)xlOO Reviewed by L&R □ El Greater than 15% Exemption Not Allowed Int:Date:B2 14.50% □ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This Q exemption only applies to items not located In the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building Remaining A3-B1 454.00B31i i !SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers) 75 ft (Transition River) 100ft(NE Lakes) I:37.5 fiSIGeneral Development 'VLake Classification Shore Impact Zone Area SI xS2 ft'S3 2062.5S255ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 S4 ft'309.375 List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone Total Impervious Surface Description Area Description Area ft'126 S5 8080ft'ft'6uilding(s)Palio/Sidewalk Buildings 126 ft'S6ft'ft'Deck(s)Ollier Total Impervious Surface S5 4 S6 206S7ft'ft'Landscaping/retainging wall(s) Total Percent Impervious (S7+ S3) X 100 3.88%ft'ft'Driveway/Parking area(s) ft'ft'Miscellaneous Allowable Area Remaining S4-S7 229.375 ft' ft'ft' 80 ft^126 ft^S6SIZ Total Impervious-Building* 35 SIZ Total Impervious-Other 7/1/2021 Prinfed Narne / ' t Signature Subject RE: New Contact Us Submission from Tobbie & Shelly Krueger <dunntown@loretel.net>From <kruegermasonry@yahoo.com> Today at 12:30 PM Tobbie and Shelly - Got a call from David Johnson re: your garage construction. The Dunn board is giving permission to build your garage next to the township right of way but there can be NO encroachment into or onto the township right of way. Sandy, Dunn Township Clerk To: Date From: Tobbie & Shelly Krueger <noreplv@dunntownship.com> Sent: Thursday, June 16, 2022 6:06 PM To: dunntown@loretel.net Subject: New Contact Us Submission from Tobbie & Shelly Krueger First Name Tobbie & Shelly Last Name Krueger Email krueaermasonrv@vahoo.com Phone (218) 790-2684 Message Good Evening, My husband and I are working with Land & Resource to get permission to build a garage at our lake property on Fish Lake. We would like to request permission from you, Dunn Township, to allow us to build the garage closer to the road than the 20' minimum set back. I talked with David Johnson this evening, but if there are any other questions or concerns please feel free to call me at _ , Our address is; 23485 Fish Lake TrI Pelican Rapids, MN 56572 Thank you, Shelly Krueger Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS) Doc Type: Compliance and Enforcement tm MINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 Instructions: Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of finai determination of compiiance or noncompiiance. Instructions for filling out this form are located on the Minnesota Pollution Control Agency (MPCA) website at httDs://www.Dca.state.mn.us/sites/default/files/wa-wwists4-31a.Ddf. Property information Local tracking number: Parcel ID# or Sec/Twp/Range: 17000170232001 Local regulatory authority info: Ottertail County Land and Resource Dept Property address: 23485 FISH LAKE TRL PELICAN RAPIDS, MN 56572 Owner/representative: KRUEGER,TOBBIE G & SHELLY R____________ Brief system description: Holding Tank Reason for Inspection Building Permit Owner’s phone: 7012194139 Seifer System status System status on date (mm/dd/yyyy): 6/6/2022 ^ Compliant - Certificate of compiiance* (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check all applicable) □ Impact on public health (Compliance component #1) - Imminent threat to public health and safety □ Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety D Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater □ System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater Q Soil separation (Compliance component #5) - Failing to protect groundwater D Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies Comments or recommendations □ Noncompliant - Notice of noncompliance Systems failing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. 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 ordinance or under section 145A.04 subdivision 8. Certification I hereby certify that all the necessary Information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. By typing my name below. I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this form. Certification number: C2042 License number: LI322 Business name: Seifert Septic Service Inspector signature: Ross Seifert (This document has been electronically signed)Phone:7012194139 Necessary or locally required supporting documentation (must be attached) □ Soil observation logs □ System/As-Built □ Locally required forms □ Tank Integrity Assessment □ Operating Permit □ Other information (list): https ://www. pea. state.mn.us wq-wwists4-31b • 4/28/2021 Use your preferred relay service • Available in alternative formats Page 1 of 4 651-296-6300 800-657-3864 Property Address: 23485 FISH LAKE TRL PELICAN RAPIDS, MN 56572 Business Name: Seifert Septic Service____________________________Date: 6/6/2022 1. Impact on public health - Compliance component #1 of 5 Compliance criteria:Attached supporting documentation: □ Other: ______________________ ^ Not applicable □ Yes* S NoSystem discharges sewage to the ground surface □ Yes* E NoSystem discharges sewage to drain tile or surface waters. □ Yes* S NoSystem causes sewage backup into dwelling or establishment._______ Any “yes” answer above indicates the system is an imminent threat to public health and safety. Describe verification methods and results: Visually inspected system for surfacing, none found. 2. Tank integrity - Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: K Empty tank(s) viewed by inspector□ Yes* ^ NoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit? Sewage tank(s) leak below their designed operating depth? Name of maintenance business:Seifert Septic □ Yes* ^ No License number of maintenance business: L1322 Date of maintenance: Q Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): 6/2/2022 (must be within three years) (See form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) I I Tank is Noncompiiant (pumping not necessary - explain below) □ Other: _________________ If yes, which sewage tank(s) leaks: Any “yes” answer above indicates the system is failing to protect groundwater. Describe verification methods and results: Had tank pumped. Visually inspected interior of tank with camera for cracks, roots, or any other evidence of leakage. No issues found. Use your preferred relay service • Available in alternative formats Page 2 of 4 https ://w ww. pea. state.mn.us wq-wwists4-31b • 4/28/2021 651-296-6300 800-657-3864 Property Address: 23485 FISH LAKE TRL PELICAN RAPIDS, MN 56572 Business Name: Seifert Septic Service_______________________________Date: 6/6/2022 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? n Yes* El No O Unknown 3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes* E No □ Unknown *Yes to 3a or 3b - System is an imminent threat to public health and safety. 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? ‘Yes to 3c or 3d - System is failing to protect groundwater. Describe verification methods and results: Visually inspected surface around tank for any safety issues (fall hazards, electrical hazards), none found. n Yes* 0 No □ Yes* 0 No Attached supporting documentation: S Not applicable □ 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 ® Not applicable □ Yes □ No If “yes”, A below is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions is “no”, this section does not need to be compieted. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? Q Yes Q No Any “no” answer indicates noncompliance. Describe verification methods and results: Is the system operated under an Operating Permit? □ Yes □ No Attached supporting documentation: □ Operating permit (Attach) □ Use your preferred relay service • Available in alternative formats Page 3 of 4 https ://www. pea. state.mn.us wq-wwists4-31b • 4/28/2021 651-296-6300 800-657-3864 Property Address: 23485 FISH LAKE TRL PELICAN RAPIDS, MN 56572 Business Name: Seifert Septic Service_______________________________Date: 6/6/2022 5. Soil separation - Compliance component #5 of 5 [3 UnknownDate of installation (mm/dd/yyyy) SYes DNoShoreiand/Weilhead protection/Food beverage lodging? Attached supporting documentation: □ Soil observation iogs completed for the report □ Two previous verifications of required vertical separation S Not appiicabie (No soil treatment area) Compliance criteria (select one): □ Yes DNo*5a. For 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 from periodically saturated soil or bedrock. □ □ Yes □ No*5b. Non-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.* Indicate depths or elevations A. Bottom of distribution media B. Periodically saturated soil/bedrock C. System separation_____________ D. Required compliance separation* *May be reduced up to 15 percent if allowed by Local Ordinance. □ Yes □No*5c. “Experimental'', “Other”, or “Performance" systems built under pre-2008 Rules; Type IV or V systems built under 2008 Rules 7080. 2350 or 7080.2400 (Intermediate Inspector License required S 2,500 gallons per day; Advanced Inspector License required > 2.500 gallons per day) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. *Any “no" answer above indicates the system is failing to protect groundwater. Describe verification methods and resuits: HI A. Tank only inspection 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 ordinance. If the system Is falling to protect ground water, the system must be upgraded, replaced, 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 two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas, Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined In law. Use your preferred relay service • Available in alternative formats Page 4 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 4/28/2021 800-657-3864651-296-6300 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 30th day of June 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Property Owner Township Clerk Lake Association Tobbie & Shelly Krueger 23485 Fish Lake Trail Pelican Rapids MN 56572 Sandra Tingelstad, Clerk Dunn Township PO Box 347 Pelican Rapids MN 56572 NA City Clerk (if located within 2 miles of a city—NA Otter Tail Water Management District - Emait-Notice if it is in the district - ottertailwatermanaaement@outlook.eom 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 Id. 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 S iii Big McDonald: Devils (Near Perham): Eagli^ak^ LidaLlllfe Little Little l^e & 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: David Wass - 29133 260*'’ St., Undcrw'ood MN 56586 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: June 30, 2022 Extra 2Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members_ PC Member____ Envelopes 10 TOTAL NOTICES TO PRINT____ I I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ_______________ 6 1 MinutesBy: Amy Busko 20 https://ottertailmn.sharepoint.com/sites/LandResources/Sh Tobbie Affidavit (56-768) 07-14-22.docx Buffer Parcels V,;"' Parcel No Addr 2 Citv St ZiD West Fargo ND 58078 6015 Name 1 Jeffrey G & Rhonda K Harmon Addr 1Name 2 17000160197000 1105 Martin Dr Mark H & Veseda M Hoff17000160198002 7302 Eagle Pointe DrS Fargo ND 58104 7722 Melody R J & Gregg S Jensen Marco Island FL 34145 335917000160198011140 Seaview Ct Apt 1501s Pelican Rapids MN 56572 7151Martin Baker17000160198012 48978 Fish Lake Rd Paul S & Krista M Kuhiman Grand Forks ND 582019202170001602070003402 62nd Ave S Taylor Legacy LLC Moorhead MN 56560 490417000160212000416 Brook Ave Adams Legacy LLC Moorhead MN 56560 490417000160213000416 Brook Ave Jeffrey G Harmon West Fargo ND 58078 6015170001602140001105 Martin Dr Patrick W Mollner Palm Coast FL 32164 78061700016021600040 Westchester Ln Cole T 8i Mary L Jendro17000160217000 Casselton ND 58012 0457PO Box 457 Joel & Deborah Peterson17000170232000 Fargo ND 58103 78462544 32nd St S Tobbie G & Shelly R Krueger Barnesville MN 56514 4003170001702320011013 5th St SE Russell J Larson17000170232002 Fargo ND 58103 2673622 10th St S Apt 4 Peterson Pelican Lake Hoi LLC17000170232006 2544 32 nd St S Fargo ND 58103 7846 Marco Island FL 34145 335917000170233000Gregg S Jensen 140 Seaview Ct Apt 1501s 17000170234000 Melody RJ Jensen Marco Island FL 34145 3359140 Seaview Ct Apt 1501s James Lambertz Pelican Rapids MN 56572 71191700021029000248553 Us Highway 59 17000210290003 Martin Baker Pelican Rapids MN 56572 715148978 Fish Lake Rd Peterson Pelican Lake Hoi LLC17000991119000 2544 32nd St S Fargo ND 58103 7846 Monty E Jr & Mae Loni Scherer Pelican Rapids MN 56572 71971700099112000023395 Marquart Way Monty E Jr & Mae Loni Scherer Pelican Rapids MN 56572 71971700099112100023395 Marquart Way 17000991129000 Joel 8t Deborah Peterson 2544 32nd St S Fargo ND 58103 7846 Melody R J 8i Gregg S Jensen Marco Island FL 34145 335917000991129001140 Seaview Ct Apt 1501s Page 1 of 2Wednesday. June 29, 2022 Citv St Zip Fargo ND 58103 7846 AddrZAddrlName 2Parcel No Name 1 2544 32nd St S17000991130000 Peterson Pelican Lake Hoi LLC Pelican Rapids MN 56572 717123401 MarquartTrl.17000991725000 Timothy J & Susan A Marquart Fargo ND 58102 36641030 Broadway17000991726000 Gregory Marquart Et Al 0017000991727000 To The Public Page 2 of 2Wednesday. June 29. 2022 Buffer Mail Name Address i City, State, ZipAddress 2 Adams Legacy LLC 416 Brook Ave Moorhead MN 56560 4904 Martin Baker 48978 Fish Lake Rd Pelican Rapids MN 56572 7151 Gregory Marquart Et Al 1030 Broadway Fargo ND 58102 3664 Jeffrey G Harmon 1105 Martin Dr West Fargo ND 58078 6015 Jeffrey G & Rhonda K Harmon 1105 Martin Dr West Fargo ND 58078 6015 Mark H & Veseda M Hoff 7302 Eagle Pointe Dr S Fargo ND 58104 7722 Cole T & Mary L Jendro Casselton ND 58012 0457PO Box 457 Gregg S Jensen 140 Seaview Ct Apt 1501s Marco Island FL 34145 3359 Melody R J Jensen 140 Seaview Ct Apt 1501s Marco Island FL 34145 3359 Melody R J & Gregg S Jensen 140 Seaview Ct Apt 1501s Marco Island FL 34145 3359 Tobbie G & Shelly R Krueger 1013 5th StSE Barnesville MN 56514 4003 Paul S & Krista M Kuhiman 3402 62nd Ave S Grand Forks ND 58201 9202 James Lambertz 48553 Us Highway 59 Pelican Rapids MN 56572 7119 Russell J Larson 622 10th St S Apt 4 Fargo ND 58103 2673 Timothy J & Susan A Marquart 23401 Marquart TrI Pelican Rapids MN 56572 7171 Patrick W Mollner 40 Westchester Ln Palm Coast FL 32164 7806 Peterson Pelican Lake Hoi LLC 2544 32nd St S Fargo ND 58103 7846 Joel & Deborah Peterson 2544 32nd St S Fargo ND 58103 7846 Monty E Jr & Mae Loni Scherer 23395 Marquart Way Pelican Rapids MN 56572 7197 Taylor Legacy LLC 416 Brook Ave Moorhead MN 56560 4904 Wednesday, June 29, 2022 Page 1 of 1 firU I /.VAmy Busko I Otter Tail County Land Thursday, July 14, 2022 8:39 AM Amy Busko FW: Thur's July 14th Land Resource Management Variance Hearing From: Sent: To: Subject: Please see email below. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL COUNTY - 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. From: Jeff Harmon <jgharmonl(5)hotmail.com> Sent: Wednesday, July 13, 2022 8:23 PM i To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Thur's July 14th Land & Resource Management Variance Hearing You don't often get email from igharmon1@hotmail.com. Learn whv this is important RE: Parcel No -17000170232001, support the Kruger's need for the two variances they're requesting at 23485 Fish Lake Trail. I own two contiguous lots one over to their east. Jkly lake addresses are 23515 23507 Fish Lake Trail or fire post 4051 and 4053. Thanks for solicitating my input Jeff and Rhonda Harmon 1105 Martin Dr West Fargo ND 58078 1 Amy Busko Otter Tail County Land Wednesday, July 13, 2022 7:59 AM Amy Busko FW: Tobbie Krueger - Hearing for Variance - Thursday July 14,2022 | From: Sent: To: Subject: Please see email below. Thank you. Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us 9j OTTER TAIL COUNTY - 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. From: RtBsell LarsonKrusselljlarson@gmail.com> Sent: Tuesday, July 12, 2022 4:40 PM ‘ To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Tobbie Krueger - Hearing for Variance - Thursday July 14,2022 You don't often get email from russellilarson@Qmail.com. Learn why this is importantI Tobbie & Shelly Krueger 23485 Fish Lake Trail Pelican Rapids MN 56572 To Whom it may concern, I am a neighbor of the Kruegers, my name is Russell Larson. I would like to state that I have no problems with their variance requests. Sincerely, 1 ffu?s^fTarson 701-200-7317 russellilarson@gmail.com Lake 23495 Fish Lake Trail Pelican Rapids MN 56572 Home 1 i 622 10th St S #4 Fargo ND 58103 2 1101898 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ^ ) ( Certificate of Reai Estate Value No. ) not required.rO9»103 DOC# 1101898 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: December 19, 2011 8:50 AM Wendy L. Metcalf, Recorder 1101898 Fee: $46.00 Well Certificate [ ] Rec'd ^d// I ■f (Yoar) Wayne Stein, County Auditor by__^ Returned To: MIDWEST BANK BARNESVILLEI PO BOX 737 BARNESVILLE, MN 56514 By: LL V _ y Multiple Individual to Joint Tenants COUNTY OF OTTER TAIL STATE OF MINNESQIA DEED Tax $ yrz soNUMBFRfrrJ DATE Minnesota 2WARRANTY DEED day of December, 2011, from Grantor to Grantee:This Indenture effective the f I Definitions. For the purpose of this Indenture: “Grantor” shall mean Nellie E. Wickstrom, a single person, whose mailing address is 3534 University Drive South #2, Fargo, North Dakota 58104. “Grantee” shall mean Tobbie G. Krueger and Shelly R. Krueger, husband and wife, whose mailing address is 10135*'’ Street SE, Bamesville, Minnesota 56514, and whose receipt of the Property shall be as joint tenants with the right of survivorship and not as tenants in common. 1. a. b. “Indenture” shall mean this warranty deed between Grantor and Grantee.c. “Property” shall mean the following described real estate, together with all improvements, hereditaments and appurtenances, in the County of Otter Tail, in the State of Minnesota: d. That portion of Government Lot Seven (7), beginning at a point 330 feet North and 55 feet left at an angle of 75 degrees of the SE comer of Section Seventeen (17), Township One Hundred Thirty-Seven (137) North of Range Forty-two (42) West; thence on a tangent for a distance of 55 feet; thence running right at an angle of 75 degrees for a distance of 150 feet; thence running right at an angle of 105 degrees for a distance of 55 feet; thence running right at an angle of 75 degrees to the point of !1 1 • beginning. It being the intent and purpose to convey lake-shore frontage on the Northerly side of Lot Two (2). This property is also described as Lot Two (2) of Inwood Beach Addition Number 2. Consideration and Conveyance. For a valuable consideration, the receipt of2. which is hereby acknowledged, Grantor hereby conveys and warrants the Property to Grantee. Warranty of Title. Grantor does covenant with Grantee that Grantor is well seized in fee3. of the Property and has good right to sell and convey the Property in the manner and form set forth in this Indenture. yVarranty of Encumbrances. Grantor does covenant with Grantee that the Property is4. free from all encumbrances, except installments of special assessments or assessments for special improvements which have not been certified to the County Treasurer for collection. Warranty of Quiet Possession. Grantor does warrant, and will defend, the quiet and5. peaceful possession of the Property by the Grantee against all persons lawfully claiming the whole or any part of the Property. Minnesota State Deed Tax. Minnesota State Deed Tax shall be due in the amount of6. Four Hundred Twelve and 50/100 (S4I2.50) Dollars. Benefit. This Indenture shall benefit, and shall be binding upon, the parties and their7. respective successors in interest. 8.Well Disclosure Statement. Grantor is familiar with the property described in this instrument and Grantor certifies that the status and the number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 2 ‘ t . \ Nellie E. Wickstrom iXauv By: Marcia A. Goodyear,*'as Attomey-in-Fact for Nellie E. Wickstrom )STATE OF ) ss. )COUNTY OF On this^day of December, 2011, before me personally appeared Marcia A. Goodyear, as Attomey-in-Fact for Nellie A. Wickstrom, a single person, known to me to be the person who is described in and who executed the within and foregoing instmment, and acknowledged that she executed the same as her free ai^^^degfUIj IREBECCA L STAHL notary PUBLIC-MINNESOTA j My Commission Expires JAN, 31.20i2 |Notary Public(SEAL) My Commission Expires: 1^— REAL ESTATE TAX STATEMENTS TO:THIS fNSTRUMENT WAS DRAFTED BY: Tobbie G. and Shelly R. Krueger 1013 5"’ Street SE Bamesville, Minnesota 56514 Susan E. Johnson-Drenth Vogel Law Finn 215 30* Street North P.O. Box 1077 Moorhead, MN 56561-1077 SJD-036818.08000 ' / 1280280.1 t 3