HomeMy WebLinkAbout17000090108001_Variances_10-09-1997October 9,1997
Page 7
Ben A. Oseien - Approved
Ben A. Oseien, Henning, MN, requested a variance to have a drainfield 5’ from the garage and
1’ from the road right-of-way. The property is described as Lot E, Ewert Survey Lots of
Government Lots 1 and 2, Section 22 of Rush Lake Township by Round Lake. The applicant
was not in attendance at the scheduled public hearing. After consideration, motion was made
by Randall Mann, seconded by John Everts and unanimously carried, to table the applicant’s
request until the October 9, 1997 meeting. Brian Brogard represented the applicant at the
October 9, 1997 meeting. After consideration, motion was made by Cecil Femling, seconded by
Randall Mann and unanimously carried, to approve a variance to place a drainfield 5’ from the
garage and T from the road right-of-way.
Gary Anderson - Withdrawn
Gary Anderson, Henning, MN, requested a variance of 50' from the required ordinary high water
level of 200’ for a building site setback of 150’ for Parcels A and C as identified on the
applicant’s drawing. The property is described as a 17.49-acre tract in Sub Lots 7 and 8,
Section 3 of Aurdal Township by Fish Lake. The audience was polled with Vernon Danielson
and Lyle Olson speaking to the request. Mark Stortroen, Realtor, appeared along with the
applicant at the public hearing. After much discussion and consideration the applicant decided
to withdraw his variance application request until such time that a more specific plan could be
presented.
James and Brenna Lauerman - Denied
James and Brenna Lauerman, Fargo, ND, requested a variance of 22’ from the South property
line and a variance of 12’ from the North property line for the construction of a 10’ by 20’ water-
oriented accessory structure 18’ from the South property line and 28’ from the North property
line. The applicant’s drawing indicates that impervious surfaces will decrease from 42.3% to
36%. The property is described as part of Government Lots 3 and 6, Section 9 of Dunn
Township by Pelican Lake. This variance request had its first hearing at the September 4,
1997, Board of Adjustment meeting, therefore, the audience was not polled at this time. After
consideration, motion was made by John Everts, seconded by Craig Anderson and unanimously
carried, to deny the variance as requested unless the applicants present a letter by October 17,
1997, authorizing the Board of Adjustment to table their application until the November 6, 1997,
meeting.
With no further business Chairman Walter declared the meeting adjourned at 9:50 p.m.
Wayne(>tein, Secretary
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Mr. Jimmy Lindsay
Ms. Michelle Davis
Page 2
September 2, 2004
Based on the results of Mr. Grugel’s inspection, the information provided by you, and in
accordance with Minnesota Rules, Chapter 4725, a variance is granted to locate the subject
well 27 feet from an untested buried sewer tine on the subject property and 44 feet from an
untested buried sewer line on Dave Grosz’s neighboring property. The variance is granted
because there is no location on the subject property to construct a weU which meets all required
isolation distances. The proposed weU location, approximately 5 feet southwest of the garage,
appears to provide the greatest avaUable separation between the weU and known contamination
sources. Completion of the weU below a substantial clay confining layer should provide
additional protection from the untested buried sewer lines and other contamination sources
located at or near the ground surface.
Because the isolation distances between the proposed weU and the buried sewer lines are less
than required in rule, additional construction methods and precautions are required in order to
reduce the potential for contamination of the weU and groundwater. The foUowing list of
additional conditions and requirements should provide the necessary additional protection for the
weU and groundwater.
The variance is granted with the foUowing conditions:
1. You must contact Mr. Grugel at 218/739-7585 at least 24 hours prior to beginning weU
construction and at least 24 hours prior to instaUing the pitless unit/adapter so that an
inspector may be present during this work.
2. The weU casing must extend to a depth of at least 75 feet.
3. If the weU is constructed using a method which creates an annular space, the annular space
between the casing and the bore hole waU must be fiUed with neat-cement grout as defined in
Minnesota Rules, part 4725.0100 or high-soUds bentonite grout that is NSF approved and
marketed as a weU sealant. High-soUds bentonite grout must be rruxed to the manufacturer's
specifications or must meet the minimum requirements of 15 percent by weight bentonite as
specified in Minnesota Rules, Chapter 4725, whichever is heavier. Grout must be inserted
through a tremie pipe from within 10 feet of the lower termination of the casing to the ground
surface or the base of the pitless unit or adapter.
4. Any existing wells on the property must be permanently sealed by a hcensed well contractor
or hcensed weU sealing contractor.
5. AU other provisions of Minnesota Rules, Chapter 4725, are in effect.
I
Mr. .Timmy Lindsay
Ms. Michelle Davis
Page 3
September 2, 2004
Alternative measures or conditions attached to a variance have the force of law and effect of
applicable rule. If a party violates the alternative measures or conditions attached to the variance,
the party is subject to enforcement actions and penalties provided in the applicable law or rule.
This variance is conditioned upon the applicable acceptance of and compliance with the
conditions of the variance. Ijadure by the applicant to comply with the conditions prescribed in
the variance will result in the immediate expiration of the variance.
If you have any questions, please contact Mr. Grugel at 218/739-7585 or Mr. Ed Schneider at
651/215-0827.
Sincerely,
Daniel A. Wilson, Manager
Wen Management Section
Environmental Health Division
P. O. Box 64975
St. Paul, Minnesota 55164-0975
DAW:JAG:dg
cc: Otter Tail County Land and Resource Management
September 4, 1997
Page 8
David L. Henry - Denied
David L. Henry, Pelican Rapids, MN, requested a variance of 1’ from the required lot line
setback of 10’, a variance of 65’ from the required ordinary high water level setback of 100’ and
a variance of 15’ from the required shore impact zone setback of 50’ for a 6’ by 28’ addition to
an existing dwelling located 35’ from the ordinary high water level (lake) and 9’ from the lot line.
The property is described as part of Lot 7, Henry’s Hill, Franklin Lake in Dunn Township. The
audience was polled with no one speaking for or against the request. After discussion and
consideration, motion was made by Randall Mann, seconded by Craig Anderson and carried
with John Everts voting no, to deny the variance as requested as the applicant’s proposed
development appears to cover more than 25% of the total lot area with impervious surfaces.
Mark McGrath - Approved
Mark McGrath, Eagan, MN, requested a variance “to allow existing structure to remain 7’ 10”
from lot line. Original survey stakes were in wrong location. All inspections were made and
approved during construction. A dispute resulted in a new survey. Setback is currently non
conforming.” The required lot line setback is 10’. The property is described as Lot 4, Block 1,
Westwood Addition, West Battle Lake in Clitherall Township. The audience was polled with
Donald Griwac speaking to the variance request. Letters from Don and Evelyn Griwac and
Donald Langren speaking to the variance request were read for the record. After discussion
and consideration, motion was made by Craig Anderson, seconded by Randall Mann and
carried with John Everts abstaining and with George Walter voting no, to approve the variance
as requested with the condition that no additional variances will be granted for this property in
the future.
James and Brenna Lauerman - Tabled
James and Brenna Lauerman, Fargo, ND, requested a variance of 22’ from the South property
line and a variance of 12’ from the North property line for the construction of a 10’ by 20’ water-
oriented accessory structure 18’ from the South property line and 28’ from the North property
line. The applicant’s drawing indicates that impervious surfaces will decrease from 42.3% to
36%. The property is described as part of Government Lots 3 and 6, Section 9 of Dunn
Township by Pelican Lake. The audience was polled with no one speaking for or against the
request. After discussion and consideration, motion was made by Randall Mann, seconded by
Cecil Femling and unanimously carried, to table the applicant’s request until the October 2,
1997 meeting to allow the applicant to consider other plans and alternatives that would bring the
impervious surface coverage down to at least 25%.
Elaine M. Funfar - Denied
Elaine M. Funfar, Fargo, ND, requested a variance of approximately 6’ from the required holding
tank setback from a structure of 10’ for the location of a detached 24’ by 30’ garage 4’ from the
holding tank. The garage will be located 10’ from the side lot line. The property is described as
Lot 53, Provan Beach, Pelican Lake in Dunn Township. The audience was polled with no one
speaking for or against the request. After discussion and consideration, motion was made by
Craig Anderson, seconded by Robert Schwartz and unanimously carried to deny the variance
as requested as adequate area does exist for the legal placement of both the garage and the
holding tank. The applicant was granted until June 1, 1998 to place the holding tank and/or
garage in a location that meets the setback requirements of the ordinance.
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Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Faiis, MN 56537
(218) 739-2271 Ext. 240
Appiicant must be present at the scheduled hearing.
To Whom it May Concern:
James and Brenna Lauerman
43 is"’Ave. N.
Fargo, ND 58102
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
September 4,1997, at 9:00 p.m.,
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s
office prior to the date of the public hearing.
The property concerned in the application is legally described as
part of Government Lots 3 and 6,
Fire # 4265
Section 9, Township 137, Range 42 - Township Name - Dunn
Lake No. 56-786, Lake Name - Pelican, Class - GD
The variance requested is:
a variance of 22’ from the South property line and a variance of 12’ from the North property line for the
construction of a 10’ by 20’ water - oriented accessory structure 18’ from the South property line and 28’
from the North property line. The applicant’s drawing indicates that impervious surfaces will decrease from
42.3% to 36%.
tt QBoard(^f Adjustment SecretaryDate: August 15,1997 U1
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 18th, day of August 1997 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
James & Brenna Lauerman, #43 18th Ave N., Fargo, ND 58102
Marge Overby, Lake Assoc., of Pelican, Rt 4 Box 159, Pelican Rapids, MN 56572
Judy Sumpter, Twp Clerk of Dunn, Rt 3 Box 193, Pelican Rapids, MN 56572
Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115
Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Otter Tail County Public Heath Department, Courthouse, Fergus Falls, MN 56537
Board of Adjustment:
Craig Anderson, RR, Ottertail, MN 56571
John Everts, RR 2, Battle Lake, MN 56515
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Robert Schwartz, RR 1 Box 4, Wadena, MN 56482
George Walter, RR 1 Box 314, Perham, MN 56573
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: August 18th, 1997
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
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