Loading...
HomeMy WebLinkAbout17000990831000_Variances_11-18-2021. wmoimmI Date Stamp 1269785 LYHH R LARSON OTTER TAIL COUNTY RECGRDER/REGISTRAR OF TITLES FERGUS FALLS, NN RECORDED ON 12/06/2021 10:15 AML&R Initial r - THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER Pages 4 APPLICATION FOR VARIANCE^"REC'Ds N COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: ww\w.ottertailcountymn.us ------------------------------------- 3bCOMPLETE THIS APPLICATION IN INK ^9^ Receipt Number £o£,/ h^O ^ $tb. ooAppiication Fee J-D- -______U»-y^on Accepted By / Date ]ArP> DAYTIME PHONEPROPERTY OWNER AnMAILING ADDRESS E-MAIL ADDRESS Ca^LAKE CLASSLAKE NAMELAKE NUMBER SECTION O!^ TOWNSHIP V*7“\ RANGE o4z-TOWNSHIP NAME ^**7€500 Cjc? ^ ibp.:Vvx>tV (Y\i^ €>lp^Df E-911 ADDRESS PARCEL NUMBER i-\ooo LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Misc.Cluster WECSStructure Size Sewage System SubdivisionStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: ^ S^C-Hbrr ~7 . ^ \SECTION OF ORDINANCE: VARIANCE REQUEST: Currently the impervious surface coverage onsite is 35.29%. We are proposing to reduce the impervious surface coverage onsite to 28.5% with improvements to the property which meet the requirements of the Shoreland Management Ordinance. The Required impervious surface coverage per the Shoreland Management Ordinance shall not exceed 25%. We are requesting a 3.4% impervious surface coverage Variance. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & T^lSQpReS MANAGEMENT REGARDING THIS MATTER. \o \ IGNATURE 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 Nb\/4jnk£y'TimeDate Of Board of Adjustment Hearing Motion f Michael Howe - Variance Application Approved as Requested (6:02 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee and carried to approve the variance request to replace the existing deck with the impervious surface coverage being reduced to 28.5%. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The board noted that this is a reduction in impervious surface coverage onsite. Chairfrian/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368,804 ■ Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 ...because; The topography of the land restricts the suitable area for being considered. :.1Will 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: 4. The addition is a minimal addition of an existing legal non-conforming structure. iDoes thejneed 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: 5. |.1The proposed improvements are to the existing iegal non-conforming structure and the reduction of the impervious surface from 35.9% to 28.5% 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: November 18,2021 _________*D<wtm "HewvMeI Board of Adjustment Vice Chair The Board of ^djustment 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.)f It is the Boardjof 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. i 1: « Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflil 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:Michael Howe Address/Parcel No. 23000 Co Hwy 20/ 17000990831000 Requested Variance: Currently the impervious surface coverage onsite is 35.29%. We are proposing to reduce the impervious surface coverage onsite to 28.5% with improvements to the property which meet the requirements of the Shoreland Management Ordinance. The Required impervious surface coveraRe per the Shoreland Management Ordinance shall not exceed 25%. We are requesting a 3.4% impervious surface coverage Variance. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. L Subdivision. □ WECS U Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 7. Subp 4 B. 1 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: Currently over the impervious surface, this plan will reduce the impervious surface in the size. There will be a new septic tank installed and keep the property functional for the currently property owners. Will be fixing the run-off issues. 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 deck will not be expanding any closer to the lake than the current deck. 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 iost (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... U No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The proposed additions are to the existing structure with no further encroachment on Pelican Lake and the impervious surface is being greatly reduced. 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, iot configuration, wetiand, 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... MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, November 18, 2021 The Otter Tail County Board of Adjustment Members convened on November 18, 2021, at 6:00 p.m. at the Bigwood Event Center, Fergus Falls Minnesota; the applicants appeared via Microsoft Teams. The following persons were in attendance: David Trites Thomas Lee Terry MarthalerDouglas Larson Michael Donoho Chris LeClair, Director, Land & Resource Management Kyle Westergard, Assistant Director, Land & Resource Management Ben Olson, Assistant County Attorney Called to Order Darren Newville, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the October 14, 2021, meeting. The Board of Adjustment considered the following application(s) for variance: Michael Howe - Variance Application Approved as Requested (6:02 p.m.) Michael Howe, Lot 6 & Wl/2 Lot 7 & El/2 Lot 5 of Pelican Lake Park L' Addition, Pelican Lake (56-786) in Dunn Township requested the follow ing: Currently the impervious surface coverage onsite is 35.29%. We are proposing to reduce the impervious surface coverage onsite to 28.5% with improvements to the property which meet the requirements of the Shoreland Management Ordinance. The Required impervious surface coverage per the Shoreland Management Ordinance shall not exceed 25%. We are requesting a 3.4% impervious surface coverage Variance. JD Larson, Contractor, represented the variance application. The audience was polled with no one speaking for or against this application. An email was received from Robin Flurer with concerns about drainage, this email was forwarded to the board members as well as read for the record at the meeting. After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee and carried to approve the variance request to replace the existing deck w ith the impervious surface coverage being reduced to 28.5%. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. The board noted that this is a reduction in impervious surface coverage onsite. Tornquist Family, Rod Tornquist- Variance Application Approved as Requested (6:13 p.m.) Tomquist Family, Rod Tornquist, Pt GL 2 Com NE Cor., Middle Leaf Lake (56-116) in Leaf Lake Township request the following: Proposing to split the existing 2.5 Ac Tract into 2 parcels. Parcel A - 49,500 sq. ft. with 173’± of water frontage/lot width. Parcel B - 60,463 sq. ft. w ith I78’± of w ater frontagelot width. Rod Tomquist, property owner represented the variance application. The audience was polled w ith no one speaking for or against this application. After consideration and discussion, Michael Donoho made a motion, seconded by Terry Marthaler, and carried to approve the variance request to split the existing 2.5 Ac Tract into 2 parcels. Parcel A - 49,500 sq. ft. with 173’± of water frontage lot width. Parcel B - 60,463 sq. ft. with 178’± of w ater frontage'lot w idth as depicted on the survey that was submitted with the variance application. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Board of Adjustment November 18, 2021 Page I 1 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: Michael Howe PO Box 547 Casselton ND 58012-0547 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, November 18, 2021, at 6:00 p.m. This meeting will be held remotely via Microsoft Teams The applicant and/or applicant's agent must participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application expressed by mail or emailed to land(a)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 comment on this application at the meeting may participate in the public hearing virtually. 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. -17000990831000 Lot 6 & Wl/2 Lot 7 & El/2 Lot 5 of Pelican Lake Park 1^' Addition Section 5, Township 137, Range 42 Township Name - Dunn Pelican Lake (56-786), General Development (GD) 23000 Co. Hwy 20, Detroit Lakes MN 56501 Lake Name/Number/Class: Property Address: The variance requested is the following: Currently the impervious surface coverage onsite is 35.29%. We are proposing to reduce the impervious surface coverage onsite to 28.5% with improvements to the property which meet the requirements of the Shoreland Management Ordinance. The Required impervious surface coverage per the Shoreland Management Ordinance shall not exceed 25%. We are requesting a 3.4% impervious surface coverage Variance. Am y Busko Board of Adjustment Secretary September 28, 2021 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 STAFF REPORT Michael HoweAPPLICANT: 23000 Co Hwy 20, Detroit Lakes MN 56501LOCATION: LAKE NAME/NUMBER/CLASS:Pelican Lake, 56078600, General Development Currently the impervious surface coverage onsite is 35.29%. We are proposing to reduce the impervious surface coverage onsite to 28.5% with improvements to the property which meet the requirements of the Shoreland Management Ordinance. The required impervious surface coverage per the Shoreland Management Ordinance shall not exceed 25%. We are requesting a 3.4% impervious surface coverage variance. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County viat tt» County w«biit* 23000 CO HWV 20 Shew sea'ch results tor 23000 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 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: No comments. I i"*- ’'•* .4:*•ft. .(J %[5? .*;-fy y ■r. V L 'A '3 n ' >»•f*-.^yi^-wM [' - *K ?«,•£• <!S •’v.<?-f#>r;i’ », X.. ■ A m.:.'mE■»aK3I x> ■!p- --y'.'.'.fa>1^•V /-’ -felL’ 0 ,'’m i! ^Sss^^s ;7 ,-t i&i'«sV Vh,. 1^ I l^'-J!i I ■ '••lii ji -;-.1'f 1Lil' I If.- ■ “rj.■ ■ •; V '•T •iS.'f'-- - k; ^•r' . , ri* •.y-mf-ttmmm : nIExistingI I II I “Each PROJECT STATISTICS (LAKESIDE LOTI: LOT SIZE: ALLOWABLE (25%): 19,602 S.F. 4,900 S.F.I 3,324 S.F. 1,560 If. 1,229 S.F. 806 S.F. EXISTING CABIN 8. GARAGE: EXISTING CONCRETE DRIVEWAY: EXISTING PAVERS: EXISTING DECK: TOTAL:6,919 S.F. 6,919 / 19,602 =35.3% IMPERVIOUS (LAKESIDE) . zo iio X zOo u 2 lU £lU UJ o LU LU iry6 3/4~PELICAN LAKE O PROPERTY LINE fiojici niAUCONSTRUCTIONDOCUMENTSSETBACKS noitci 216709.30.213 ©©EXISTING SITE PLANSITE PLANS I.SII nProposed PROJECT STATISTICS (LAKESIDE): I9.602S.F. 4,900 S.F. LOT SIZE: ALLOWABLE (25%): 3,324 S.F. 190 S.F. 1,070 S.F. 240 S.F. 760 S.F. EXISTING CABIN 8. GARAGE: PROPOSED ADDITION: PROPOSED CONCRETE DRIVEWAY: PROPOSED STEPPING STONES: PROPOSED DECK: 5,584 S.F.TOTAL: 5,584 / 19,602 = 28.5% IMPERVIOUS zQ&(£O iiiZOouu O LU LU UJ Jj o UJ < UJ PELICAN LAKE oPROPERTY LINE ! X iSETBACKS noitci PHAMCONSTRUCTION DOCUMENTS 216709.30.2 TI 1 ©PROPOSED SITE PLANSTTE PLAN I-S2I otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 elSClOO Co.n OIW ^9 0?3I POO l°l,L>0^ PINProperty Address Property Area (from CIS or Survey):Square Footage of Lot Acres x 43,560 ft^A1Acres 3^AD-4Total Area Allowed for Buildings A1 X ,20 Total Area Allowed for Impervious Surface A1 X .25 A2 A3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Totai Impervious Surface Description Area Description Area I5(g0 B1GarageDriveway/Parking area(s)Dwelling a Total Impervious-Buildings ?,5‘^5ft^C1Patio/SidewalkDetached Garage Total Impervious-Other Totai Impervious Surface B1 +C1 ft^ ft^D1Retaining wall(s)Shed(s) Total Percent Impervious (D1 +A1)x100 ft^ft^E1LandscapingMiscellaneous ft^fpRecreational Camping Unit Other Allowable Total Area Remaining A2-D1 ft^ ft^Water Oriented Accessory Structure 35^5 Project being requested:C1B1Total Impervious-OtherTotal Impervious-Buildings Accessory structures less than or equal to 120 sq ft without a permit. This exemption only applies to items I—J 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 □ 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 AreaRemaining A3-B1 B3 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agricullure, Urban.Tributary Rivers)o>j 75 ft (Transition Rivers) ^ * 100ft(NE Lakes) ftLake Classification Shore Impact Zone Area SI xS2 ft^S3S2ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 S4 ¥ List all other mwervious surfaces in the Shore Impact ZoneList all structure footprints in the Shore Impact Zone Total Impervious Surface Area Description AreaDescription fpft^ ft^S5Patio/SidewalkBuilding(s)Buildings ft^ ft^ft^S6Deck(s)Other Total Impervious Surface S5 + S6 ft^ft^fp S7Landscaping/retainging v^l(s) Total Percent Impervious iS7* S3) x 100 ft^Driveway/Parking arya(s) ft^ft^Miscellaneous Allowable Area Remaining S4 - S7 ft^ ft^ft^ ft^ft^S6SIZ Total Impervious-Buildings 35 SIZ Total Impervious-Other . 7/1/2021 Printed Name tJDZ-\ DateSignattffe otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 li^noo Cn.HufjaD.t.L, ntu/I76r>/iq? b^3lt>6oPINProperty Address Property Area (from GIS or Survey);Square Footage of Lot Acres x 43,560 A1Acres Total Area Allowed for Buildings A1 X .20 • Total Area Allowed for Impervious Surface A1 X .25 A2 A3 List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious Surface DescriptionDescriptionArea Area Total Existing Impervious- Other from Page 1 Total Existing Building Impervious from Page 1 ft^ClB1 Total Proposed Building Impervious 35HF1I9d «•\,olo »’Driveway/Parktng area(s)Dwelling and Attached Garage Total Proposed Impervious- Other G1ft^ft'Patio/Sidewalk 3(^0Detached Garage Total Proposed Impervious Surface F1 fG1________________ ft'ft'HIRetaining wall(s)Shed(s) ir'Jg.SVe )Total Proposed Percent Impervious (H1 f ADxlOO_______ ft'ft'LandscapingMiscellaneous ft'ft'Recreational Camping Unit Other Allowable Area Remaining A2 ft'H15ec,l<ft'Water Oriented Accessory Structure 36 N G1,SjO'lDFITotal Impervious-OtherTotal Impervious-Buildings Percent Building Impervious (F1 ^-A1)x 100 Allowable Building Area Remaining A3 - FI ft' SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agricullure. Urban,Tributary Rivers) C-l 75 ft (Transilion Rivers) 100 ft (NE Lakes) ftLake Classification Shore Impact Zone Area S1xS2 ft'S3S2ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 S4 ft' List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface AreaDescription Description Area Total Existing Impervious- Qmer (Pg 1) Total Existing Building Impervious (Pg 1) ft'S6S5 S8 ft'ft'ft'Palio/Side^Building(s)Proposed Buildings S9 ft'ft'ft'Deck(s)Proposed Other Total Impervious Surface S8 + S9 ft'ft'ft'S10Landscaping/R^ining wall(s) Total SIZ Percent Impervious 4^0 + S3) X 100 ft'Driveway/%rking area(s) ft'ft'Micell/neo'us Allowable Area Remaining S4-S10 ft' ft'ft' ft'ft'S8 Total ImpeTotal Impervious-Buildings (Printed Name Compliance Inspection FormMinnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Existing Subsurface Sewage Treatment Systems (SSTS) Doc Type: Compliance and Enforcement For local tracking purposes:Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached forms - additional local requirements may also apply. Submit completed form to Local Unit of Government (LUG) and system owner within 15 days System Status System status on date (mm/dd/yyyy): 9/30/2019 Q Noncompliant - Notice of Noncompliance (See Upgrade Requiremerits on page 3.) Compliant - Certificate of Compliance (Valid for 3 years from report date, unless shorter time frame outiined in Local Ordinance.) Reason(s) for noncompliance (check all applicable) □ Impact on Public Health (Compliance Component #1)- Imminent threat to public health and safety □ Other Compliance Conditions (Compliance Component #3) - Imminent threat to public health and safety □ Tank Integrity (Compliance Component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance Component #3) - Failing to protect groundwater □ Soil Separation (Compliance Component #4) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance Component #5) - Noncompliant Property Information Property address: 23000 Cty Hwy 20, Detroit Lakes,MN 56501 Property owner: Ambrose Nowacki_______________________ Parcel ID# or Sec/Twp/Range: 17000990831000 Reason for inspection: Sale Owner's phone. ____________ or Representative phone: _________________ Regulatory authority phone: 218-998-8095 Owner’s representative:_________________^____________________ Local regulatory authority: Ottertail County____________________ Brief system description: Lift station to 1000 gal, tank to drainfield. Comments or recommendations: Minimal records on file, Spoke with relative of owner and received Information as far as what components involved with this septic system and where they are located. Inspected tanks and drainfield to the best of my ability. Certification / 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. Inspector name: Phil Stoll Business name: Stoll Inspections Inspector signature: _ Certification number: 7526 License number: 2982 Phone number: 218-839-1849 Necessary or Locally Required Attachments □ System/As-built drawing S Forms per local ordinanceI3 Soil boring logs □ Other information (list): TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 1 of 3 651-296-6300 . 800-657-3864www.pca.state.mn.us • wq-wwists4-31b • 6/4/14 Inspector initials/Date: PJS | 9/30/2019Property address: 23000 Cty Hwy 20, Detroit Lakes,MN 56501 (mm/dd/yyyy) 1. Impact on Public Health - Compliance component #1 of 5 Verification method(s): El Searched for surface outlet S Searched for seeping in yard/backup in home □ Excessive ponding in soil system/D-boxes □ Homeovwner testimony (See Comments/Explanation) □ “Black soil” above soil dispersal system □ System requires “emergency" pumping □ Performed dye test □ Unable to verily (See Comments/Explanation) □ Other methods not listed (See Comments/Explanation) Compliance criteria: □ Yes E NoSystem discharges sewage to the ground surface._____________ □ Yes S NoSystem discharges sewage to drain tile or surface waters. □ Yes H NoSystem causes sewage backup into dwelling or establishment._________ Any “yes” answer above indicates the system is an imminent threat to pubiic health and safety. Comments/Explanation: 2. Tank Integrity - Compliance component #2 of 5 Compliance criteria:Verification method(s): S Probed tank(s) bottom O Examined construction records □ Examined Tank Integrity Form (Attach) O Observed liquid level below operating depth Q Examined empty (pumped) tanks(s) □ Probed outside tank(s) for “black soil" □ Unable to verify (See Comments/Explanation) □ Other methods not listed (See Comments/Explanation) □ Yes El NoSystem consists of a seepage pit. cesspool, drywell, or leaching pit. Seepage pits meeting 7080.2550 may be compliant if allowed in local ordinance. □ Yes E NoSewage tank(s) leak below their designed operating depth. If yes. which sewage tank(s) leaks; Any “yes” answer above indicates the system is failing to protect groundwater. Comments/Explanation: 3. Other Compliance Conditions - Compliance component #3 of 5 a. Maintenance hole covers are damaged, cracked, unsecured, or appear to be structurally unsound. □ Yes* * ^ No □ Unknown b. Other issues (electricalhazards, etc.) to immediately and adversely impact public health or safety. □ Yes* ^ No □ Unknown *System is an imminent threat to pubiic health and safety. Explain: c. System is non-protective of ground water for other conditions as determined by inspector. DYes* S No ‘System is failing to protect groundwater. Explain: TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 2 of 3 651-296-6300 . 800-657-3864www.pca.state.mn.us • wq-wwists4-31b • 6/4/14 Property address: 23000 Cty Hwy 20, Detroit Lakes,MN 56501 Inspector initials/Date: PJS | 9/30/2019 (mm/dd/yyyy) 4. Soil Separation - Compliance component #4 of 5 S UnknownDate of installation:Verification method(s): (mm/dd/yyyy) ShorelandA/Vellhead protection/Food beverage lodging? Soil observation does not expire. Previous soil observations by two independent parties are sufficient, unless site conditions have been altered or local requirements differ. IS Conducted soil observation(s) (Attach boring logs) D Two previous verifications (Attach boring logs) D Not applicable (Holding tank(s), no drainfield) n Unable to verify fSee Comments/Explanation) D Other fSee Comments/Explanation) E Yes □ No Compliance criteria: □ Yes □ NoFor systems built prior to April 1, 1996, and not located in Shoreland or Wellhead Protection Area or not serving a food, beverage or lodging establishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock.Mt'li' 'Z-10“^ Yes □ No Comments/Explanation:Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* ------- □ 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 36"A. Bottom of distribution media >72"B. Periodically saturated soil/bedrock >36"C. System separation 36"0. Required compliance separation* ‘May be reduced up to 15 percent if allowed by Local Ordinance. Any "no” answer above indicates the system is failing to protect groundwater. 5. Operating Permit and Nitrogen BMP*- Compliance component #5 of 5 Not applicable □ Yes □ No If “yes”, A below is required □ Yes □ No If “yes”, B below is required Is the system operated under an Operating Permit? Is the system required to employ a Nitrogen BMP? 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 completed. Compliance criteria a. Operating Permit number: ____________________ Have the Operating Permit requirements been met? □ Yes □ No □ Yes □ Nob. Is the required nitrogen BMP in place and properly functioning? Any “no” answer indicates Noncompliance. Upgrade Requirements (Minn. Stat. § 115.55)/\n 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 failing 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 strid. This provision does not apply to systems in dioreland areas. Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 3 of 3 651-296-6300w\Afw.pea.state.mn. US ■ wq-wwists4-31b • 6/4/14 Parcel Number: 17000^^0^^'0^0 Date & Initial: ___________ System Drawing The system drav/ing which includes and identifies a graphic scale in feet or indicates all sefback distances, all septic/holding/lifl tanks, drainfields, wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling structures, lot lines, road right-of-ways, easements, OHWLs, wetlands, and topographic features (i.e. bluffs). \ \ \ It II I I tt.9 Of' (V"^-1t t I/ V ____J lcW\IiBa i"K CnUjdfM^ccAdditional Comments; £xcol/Con;p!iarce Fonr. for OTC 4/14/2C17 Psge 2 of 2 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountymn.usOTTER TflIIeoaaTT'DisaiioTi GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER & MARCH 31^^ I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my propertwproject (Tax Parcel # \ ootn_____), described on Application(s) datedmy Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). heckOne: >□7^ I agree to waive the GO^Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Applicgtion(s). ■“r •ZjOZ-X\o DATED Property owner LR: Forms: Waiver 60 Day Rule 03-17-2020 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 28*^ day of October 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Sandra Tingelstad, Clerk See Below Dunn Township 47979 E. Lake Lizez Rd Pelican Rapids MN 56572 Michael Howe PO Box 547 Casselton ND 58012 City Clerk (if located within 2 miles of a city) 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 (0 Big McDonald: Devils (Near Perham): Eagle Lake: Lida Lakes UJ 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 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: David Trites - 20944 Westwood Dr., Clitherall, MN 56524 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 30, 2021 Extra 6 BOA Members_ PC Member____ Envelopes 18 TOTAL NOTICES TO PRINT___M I I Added to Agenda I I Print out Findings of Fact Sheet Newspapers FFDJ & Pelican Rapids Press Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy: Amy Busko Map elhttps://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-786) 11-18-21 .docx Buffer Parcels Addr 2 Citv St ZiDAddr 1Parcel No Name 1 Name 2 Ottertail MN 56571 9401Loren & Barbara Hawes46000020006000 33031 State Highway 78 Ottertail MN 565719508David L & Vivian J Bjornlie 44179 Hawes Beach Rd46000020006001 Ottertail MN 56571 950844204 Hawes Beach RdMarc A & Kathleen Gruenenwald46000020006002 Ottertail MN 56571 950844116 Hawes Beach RdPatrick J Honerman46000020006003 Perham MN 56573 2106David & Raeanna Covington All Creatures Vet46000990757000 905 Jenny Ave Maplewood MN 55117 1819Nghia Tran & Kathryn Saylor46000990758000 2203 Hendry PI Maplewood MN 55117 1819Nghia Tran & Kathryn Saylor 2203 Hendry PI46000990759000 Greg A & Rhanda R Anderson Savage MN 55378 11949265 Creek Way46000990760000 Ottertail MN 565719808Theresa & Michael Howe 44105 Hawes Beach Rd46000990761000 Ottertail MN 56571 9508Clyde A & Kimberly K Wynkoop 44121 Hawes Beach Rd46000990762000 Arne & Eloise Breikjern 1933 E Rose Creek Pkwy S Fargo ND 58104 683846000990763000 Stanley & Donna Dreckman 512 17th St E West Fargo ND 58078 219446000990764000 Ottertail MN 56571 9508William J & Jill Schafer 44149 Hawes Beach Rd46000990765000 Ottertail MN 565719508William J & Jill Schafer 44149 Hawes Beach Rd46000990766000 Eden Prairie MN 55346 1020Dale A &. Lesley A Boyenga46000990767000 6424 Brackett Rd Ottertail MN 565719509Peter W & Joanne Meyer 44300 Hawes Beach TrI46000990772000 Ottertail MN 56571 950844157 Hawes Beach Rd46000990773000Patricia Hager Ottertail MN 56571 9508Lawrence J & Carolyn A Roob 44163 Hawes Beach Rd46000990774000 Ottertail MN 56571 9508David L & Vivian J Bjornlie 44179 Hawes Beach Rd46000990775000 Ottertail MN 565719508Hubert D Jr & Kristy Hovland 44191 Hawes Beach Rd46000990776002 Ottertail MN 56571 9508Marc A & Kathleen Gruenenwald 44204 Hawes Beach Rd46000990777000 Isanti MN 55040 6037Larry W & Sherry M Anderson46000991129000 2822 286th Ln NW 33250 Breezy Shores Rd Ottertail MN 56571 9481Scott A & Jennifer A Thompson46000991130000 Page 1 of 2Thursdav. October 28, 2021 Parcel No Name 1 Name 2 Addr 1 Addr2 Citv St Zip West Fargo ND 58078 883546000991131000ChuckTangen1168 43rd Ave W Thursday. October 28. 2021 Page 2 of 2 Buffer Mail Address i City, State, ZipAddress 2Name Greg A & Rhanda R Anderson 9265 Creek Way Savage MN 55378 1194 Larry W & Sherry M Anderson 2822 286th Ln NW Isanti MN 55040 6037 David L & Vivian J Bjornlie 44179 Hawes Beach Rd Ottertail MN 56571 9508 Dale A & Lesley A Boyenga 6424 Brackett Rd Eden Prairie MN 55346 1020 Arne & Eloise Breikjern 1933 E Rose Creek Pkwy S Fargo ND 58104 6838 David & Raeanna Covington 905 Jenny Ave Perham MN 56573 2106 Stanley & Donna Dreckman 512 17th St E West Fargo ND 58078 2194 Marc A & Kathleen Gruenenwald Ottertail MN 56571 950844204 Hawes Beach Rd Patricia Hager 44157 Hawes Beach Rd Ottertail MN 56571 9508 Loren & Barbara Hawes 33031 State Highway 78 Ottertail MN 56571 9401 Patrick J Honerman 44116 Hawes Beach Rd Ottertail MN 56571 9508 Hubert D Jr & Kristy Hovland Ottertail MN 56571 950844191 Hawes Beach Rd Theresa & Michael Howe 44105 Hawes Beach Rd Ottertail MN 56571 9808 Peter W & Joanne Meyer 44300 Hawes Beach TrI Ottertail MN 56571 9509 Lawrence J & Carolyn A Roob Ottertail MN 56571 950844163 Hawes Beach Rd William J & Jill Schafer 44149 Hawes Beach Rd Ottertail MN 56571 9508 Chuck Tangen 1168 43 rd Ave W West Fargo ND 58078 8835 Scott A & Jennifer A Thompson 33250 Breezy Shores Rd Ottertail MN 56571 9481 Nghia Tran 8i Kathryn Saylor 2203 Hendry PI Maplewood MN 55117 1819 Clyde A & Kimberly K Wynkoop 44121 Hawes Beach Rd Ottertail MN 56571 9508 Thursday, October 28, 2021 Page 1 of 1 Amy Busko From: Sent: Emma Barry Wednesday, November 3, 2021 7:57 AM Amy Busko FW: Comments on variance request iAickaii To: jCOjbi^shSubject: Follow Up Flag: Flag Status: Follow up Flagged Emma Barry Admmistratjve Assistant Land and Resource Management 540 W. Fir Avenue Fergus Falls, MN 56537 Direct 218-998-6107 | Office 218-998-8095 ottertaitcountymn.us ' OTTER TAIL county From: robin flurer <robinflurer@gmail.com> Sent: Tuesday, November 2, 2021 11:05 PM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Comments on variance request [You don't often get email from robinflurer@email.com. Learn why this is important at http://aka.ms/LearnAboutSenderldentification.1 We live on Senns Beach and is one of the lower lots on the lake. We built our home in 2015. Our request to the owners is to put in a French drain on back property close to road to catch water from rain or melting snow. As this will help with water running down the road. We do have a French drain on our back lot close to road. It helps but takes time to drain all of the existing water. The other direction of the road has many bumpers along the road that cause the water or melted snow to flow our direction. This would be appreciated before reducing their impervious surface coverage. Thank you for this consideration. Please let us know the outcome of this decision. Sincerely, Robert and Robin Flurer Below is the letter we received in the mail on the notice of hearing for variance. 1 3t>= V-.< %.-t IIKs’;?-® '1.U » • • ■ ■'.- i t' K\ I aOTTER TAILCOUNTY - MINNESOTA * £ ; V Applicant and/c To Whom it May Concer Michael Howe PO Box 547 Casselton ND 58012-( 'i. , _.' i*' '■ ’ V- ; -'‘il ,.i. Has/have made application Tail County Shoreland Man; Ordinance of Otter Tail Cou 3 Amy Busko Amy Busko Friday, November 5, 2021 1:43 PM Chris LeClair; Kyle Westergard; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee FW: Comments on variance request From; Sent: To: Subject: Below is comments in regards to the Variance for the Michael Howe property. Thanks Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountvmn.us OTTBtTAlLoewnriwwdseto From: Emma Barry <ebarry@co.ottertail.mn.us> Sent: Wednesday, November 3, 2021 7:57 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: FW: Comments on variance request Emma Barry Administratrve Assistant Land and Resource Management 540 W. Fir Avenue Fergus Falls. MN 56537 Direct 218-998-6107 | Office 218-998-8095 Dtte^a1coi.."TvrP:r.us OTTER TAILrCOUNTY From: robin flurer <robinflurer@gmail.com> Sent: Tuesday, November 2, 2021 11:05 PM To: Otter Tail County Land <land(5)co.ottertail.mn.us> Subject: Comments on variance request [You don't often get email from robinflurer(5)gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderldentification.1 We live on Senns Beach and is one of the lower lots on the lake. We built our home in 2015. Our request to the owners 1 I nIProposedI I CAopHLeilL I I beach PROJECT STATISTICS (LAKESIDE): LOT SIZE: ALLOWABLE (25%): 19,602 S.F. 4,900 S.F.I 3,324 S.F. 190 S.F. 1,070 S.F. 240 S.F. 760 S.F. EXISTING CABIN & GARAGE: PROPOSED ADDITION: PROPOSED CONCRETE DRIVEWAY: PROPOSED STEPPING STONES: PROPOSED DECK: 5,584 S.F.TOTAL: 5,584 / 19,602 = 28.5% IMPERVIOUS z2a: Hoo11. PXa:h-h-m O V)zz zoouo oU- Co LUCki UJ zLU o LU < LUPELICAN LAKE oPROPERTY LINE SETBACKS PlOJCCt PHAUCONSTRUCTION DOCUMENTS PROJECTDATE 09.30.21 2167 i s 0 PROPOSED SITE PLANSITE PLAN§r • xr-o-S2II n\ Existing\\CAopEueiL PROJECT STATISTICS (LAKESIDE LOT): 19,602 S.F. 4,900 S.F. LOT SIZE: ALLOWABLE (25%): 3,324 S,F, 1,560 S,F, 1,229 S.F, 806 S.F. EXISTING CABIN & GARAGE: EXISTING CONCRETE DRIVEWAY: EXISTING PAVERS: EXISTING DECK: 6,919 S.F.TOTAL: i 6,919 / 19,602 =35.3% IMPERVIOUS (LAKESIDE)z2 Of t- OO ou UJ \ of\\Is\LU §<\ V*1 UJ 3PELICAN LAKE oPROPERTY LINE MOJtCT fHAUCONSTRUCTION DOCUMENTSSETBACKS DATl PIOJECI 09.30.21 21672 0 EXISTING SITE PLANSITE PLANsr-w-tr SIIi