HomeMy WebLinkAbout17000990935001_Variances_08-12-2021stS-gw]
126482S
Date Stamp
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
09/08/2021 09:03 AM
FEE; 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
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L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.us9I7IIITKH
Application Fee ^ . cQ
2£Zhil6Receipt Number
Accepted by Date
Property Owner
Name Kristi Timmer & Richard Pundsack
Address 5865 Sunnybrook Lane
City Minnestrista
state MN
Zip 55364
Daytime
Phone 701-280-2091
Email trevor@buildingconcepts.us
Parcel Information
Lake Name Lake Class QQLake No 56078600 Pelican Lake
Parcel Number(s)17000990935001
Parcel Number(s)
/.LijhLTownship Name
Legal Description
Section 04Dunn
Section-04 Township-137 Range-042
E 45.5' OF LOT 7
Physical Address 24407 Morningside Beach Lane, Detroit Lakes, MN 56501
TYPE OF VARIANCE REQUESTED (Please Check)
□□ □
structure
Setback E SubdivisionStructure Size Sewage System
□E□MiscellaneousWECSCluster
VarsionOate: 04/07/2020
1
SWOFY HOW VOOR MOKT VARIES FROM ORDINANa REQUmEMENTS. PtEASE BE BRIEF AS THIS Wia BE USED FOR nieuc
NOTIFICATION.OTTER TAR. COUNTY OROMANCE: Shofoland Management Ordinance
SECTION OF ORDINANCE;
UvUV
Section 8. Subo. 4 B
Proposing to construct a new dwelling and attached garage. The proposed structure will meet the
building line requirements of the Shoreland Management Ordinance. Currently the impervious surface
calculation is at 28.9%. The proposed building impervious surface calculation will be approximately
20.57% and the total impervious surface coverage will be 28.9% (no change from existing). Also
requesting a variance to be 5' from east and west lotline.
I UNDERSTAND THAT M ACCOROAFKE WITH MNNESOTA STATUTE 15.99, SUMNVtSKM 2. OTTER TAR. COUNTY HAS UP TO SOrrV |f^
DAYS TO REVIEW AND APPROVE OR DENY THE PCRMir APPtlCATlON. DURM6 THE COVID-19 PUBUC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER SI, 202V, WHICHEVER COMES FIRST, IN ACCORDANCE WTTH MINNESOTA STATUTE 15.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN AODtTKMIAL SIXTY (M| DAYS, AND HAS UP TO ««-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPUCATION.
IUIWERSTANO THAT OTHER FERMITS MAY BE REQUIKD. ITIS MY RESPONSIMITY TO CONTAa LAND A RESOURtX MANAGEMENT
THIS MATTER.
ammmornomrn oXifciVA<a^ tor o%wer date
I APPUCANT MUST BE PRESENT AT THE HEARING
(AppAcjnt \»NI NBafcNhMi al ttw Of/TImt oThwcI,^
/2,Dttc of Hearing Time ~1 ■ OO p
Kristi Timmer & Richard Pundsack - Variance Application (7:23 p.m.)
• After consideration and discussion, Michael Donoho made a motion seconded by Rod Boyer with Douglas
Larson and Thomas Lee voting no to approve the variance to construct a new dwelling and attached garage with
the total building impervious surface being 20.57% and total impervious surface coverage being 28.9%. 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.I
(1 /
'u^hairman/Otter Tail County Board of Adjustment
Pefmit(s) required from Land ft Resourct Mamgtmwt | Yts | X | No
Note: rf Tm, contact Land A Resource Management
Copy o> Application maBed to AppHcant County Aiieeiof and MM DNR
lAROWIclal/Doto
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TflilOOfITT
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:Kristi Timmer & Richard Pundsack
Address/Parcel No. 24407 Morningside Bch Ln. / 17000990935001
Requested Variance: Proposing to construct a new dwelling and attached garage. The proposed structure will meet the
building line requirements of the Shoreland Management Ordinance. Currently the impervious surface calculation is at
29.03%. The proposed impervious surface calculation after acquiring an additional 2206 sq. ft from the adjacent Parcel
(Parcel No. 17000990934000) will be approximately 29.33% as depicted on the drawing filed with the variance
application which is on file at the Land & Resource Management Office.
Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. L Subdivision. □ WECS T Dock & Riparian Use Li Setback Ord.
Ordinance Section Citation: Section 8 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: A survey was done, and it was determined that the lot lines were off which
resulted in the impervious surface being over 25%. Would like to build a retirement home to accommodate them and their family.
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 for property owners to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
□ No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are similar structures and land uses in the neighborhood with similar setbacks as noted during the board members 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 legal non-conforming structure not meeting the required setbacks of the current Ordinance and built prior to
any zoning regulations.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar structures in the neighborhood with similar setbacks.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The proposed improvements to the property with the replacement of the existing legal non-conforming structure.
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: August 12, 2021
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.
08/^/2003 17:13 UNIUERSfiL TITLE ■> 12182333955 NO.294 0802
I
'939572
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
^^9572
was flled/recorded In this office
torretoRlonthe_£j_dayof
MfA 2003 atPia
ndwL.''Mete
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( *—) filed (
Certificate of Real Estate Value Na .
Wayne Stein, County Auditor
) not required.
__a2as27
1
by—^We
by:Deputy Ing
.?o.c£)i
1
.well certl
\T-aH; f
Form No. i9rM LSMITED WARRANTY DEED
lndhiduiit(s) id Mrit Tenants
DEED TAX DUE; $.
Date: August 25,2003
FOR VALUABLE CONSIDERATION, James E. Umdstrom and Jeanne R, Reen, as husband and wife,
Grantor, hereby oonve)^ and quttdalms to Richard Pimsacic and Kristi Ttmmer, and spouses, if any
Grantees, as Joint tenant, real property in Otter Tail County, MInnescrta, described as follows:
The East 45 1/2 feet of Uat 7, Pravan Beach, Otter Tail County, NN.
together with all hereditaments and appurtwiances.
This Deed conveys after-acquired tide. Grantor warrants that Grantor has not done or suffered anything to
encumber the property,
EXCEPT:
Check box if applicable:
Q The Seller certifies that foe seljer does not know of any wells on the described real property.
gtj A well disclosure certiflate aosmpanles this documeirt
ri I am familiar with foe property described in this Instniment and I certify that the status and number ^ of wells on foe descilb^ real property have not dtanged since foe last previously filed wiell
disclosure certificate.
h-w- I
I
COUNTY OF OTTER TAIL
STATE OF MINNESOTA DEEP TAX $7afeiLOQIBRk.j22553NUMB
DATE
I
254M5
08/^5^2003 17:13 UNlkCRSflL TITLE 12182333955 NO.294 D003 i
tr*
CD
Mines E. Undstroni
eanne R. Roen
Affix Deed Tax Stamp Here
>STATl OF MINI 'A
>S5.
}COUNTY O
This instrument was acfcnowledged before me on August 25^* 2003, by Jam^E. Umdstrem and Jeanne R. Roen, as husband and wife. L) f / / J r\ \
N07AWAL STAMP OR SEAL (OR OTHERTTOE OR RANK):
signature of notary pubuc ok OIHER OFBOALi«i
SANOflA L. LARSON
3 Notary Poblio-MInnesota
My Coton!. E:<pires Jan. 31, 2005
0»d( hare If part or all cl the land b Registered CTencns) p~|
Tax Statenents fertile real pnpefly dESOlbed In this Instrument
sheuU be sent to (indude name and address of Grantee);
: .
Rldwrd Pundsadc and Kristi TlmmerTHIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRBS):
Unlveisai Title Company
14750 Cedar Avenue
Suite 103
Apple Valley, MN 55124
254405
AND
Summit Mortgage
13705 Firet Avenue North
Plymouth, MN 55441
95DLl03i67'00
■
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25^
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Michael Shea - Variance Application Approved as Requested (7:17 p.m.)
Michael Shea, Pt Lake Sybil Cenetery & Pt Gl 3 Com NE Cor, Sybil Lake (56-387) in Hobart Township requested the following:
Doing a 2 story addition being 35 feet from the OHWL the second story addition will not exceed 35 feet in height. Will need to
remove the north half of the roof to add the addition. Impervious surface coverage in the Shore Impact zone will not change. It is
currently at 23.17%
Michael Shea and Gary Shaunder property owners represented the variance application. The audience was polled with Cindy &
Marvin Liere speaking in support of the variance as requested.
After consideration and discussion. Douglas Larson made a motion seconded by Darren Newville and unanimously carried to approve
a 2"“* story addition to the dwelling being 35 feet from the ordinary high water level and the impervious surface in the shoreland impact
zone coverage of 23.17%. 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.
Kristi Timmer & Richard Pundsack - Variance Application (7:23 p.m.)
Kristi Timmer & Richard Pundsack, E 45.5’ of Lot 7 of Provan Beach, Pelican Lake (56-786) in Dunn Township requested the
following: Proposing to construct a new dwelling and attached garage. The proposed structure will meet the building line requirements
of the Shoreland Management Ordinance. Currently the impervious surface calculation is at 28.9%. The proposed building impervious
surface calculation will be approximately 20.57% and the total impervious surface coverage will be 28.9% (no change from existing).
Also requesting a variance to be 5’ from the east and west lot lines.
Richard Pundsack, property owners and Allen Hochhalter, contractor represented the variance application. The audience was polled
with no one speaking for or against this application. Lynn M. Hoghaug sent a letter in support of the variance request which was
forwarded to the Board Members for their review and read for the record at the meeting.
After consideration and discussion, Michael Donoho made a motion seconded by Rod Boyer w ith Douglas Larson and Thomas Lee
voting no to approve the variance to construct a new dwelling and attached garage with the total building impervious surface being
20.57% and total impervious surface coverage being 28.9%. This decision is also based on the Findings of Fact and Decision Form,
which contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes
which have been placed on file with the Land & Resource Management Department.
Other Business - None
With no further business, Darren Newville, Chair declared the meeting adjourned at 7:39 p.m.
Prepared by:
Amy Busko, Secretary
The minutes w ere emailed on August 30, 2021, to the Otter Tail County Board of Adjustment. Official action regarding these minutes
will be taken by the Board of Adjustment at their next regularly scheduled meeting.
Board of Adjustment
August 12, 2021
Page I 4
STAFF REPORT
APPLICANT:Kristi Timmer & Richard Pundsack
LOCATION:24407 Morningside Beach LN, Detroit Lakes MN 56501 17000990935001
LAKE NAME/NUMBER/CLASS: Pelican, 56078600, GD
Proposing to construct a new dwelling and attached garage. The proposed
structure will meet the building line requirements of the Shoreland Management
Ordinance. Currently the impervious surface calculation is at 28.9%. The proposed
building impervious surface calculation will be approximately 20.57% and the
total impervious surface coverage will be 28.9% (no change from existing). Also
requesting a variance to be 5' from the east and west lot lines.
APPLICATION:
STAFF WHO COMPLETED REPORT: Chris LeClair
jj^ Otter Tail County Visit the County Website
34391 MORNSiGSIDE BEACH &
NGSlt)E BEACHlN
423 MO
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 from:Setback (ft)
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
Property Line 10
Property Line for Accessory Structures equal to or less than 120 5
ft'
Property Line for Water-Oriented Accessory Structure 10
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. No comments
a
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:
Kristi Timmer & Richard Pundsack
5865 Sunnybrook Lane
Minnetrista MN 55364
Flas/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, August 12, 2021, at 7:00 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.)
The applicant and/or applicant's agent must be present at the public hearing or 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 must be received by 12:00PM the day before the public
hearing date. Members of the public wishing to make comments at the public hearing may be present
at the public hearing. As an alternative, members of the public wishing to observe and/or make
comment on this application may participate in the public hearing virtually. A link to the virtual meeting
will be provided on the Land & Resource website seven days prior to the public hearing regarding this
application may be expressed at the public hearing, mailed to the Land & Resource Management Office
at the above address, or emailed to land(5)co.ottertail.mn.us. Written correspondence or emails.
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:
Parcel No.-17000990935001
E 45.5' of Lot 7 of Provan Beach
Section 04, Township 137, Range 42
Township Name - Dunn
Pelican Lake (56-786), General Development (GD)
24407 Morningside Beach Ln., Detroit Lakes MN 56501
Legal Description:
Lake Name/Number/Class:
Property Address:
OVER
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
V
The variance requested is the following:
Proposing to construct a new dwelling and attached garage. The proposed structure will meet the
building line requirements of the Shoreland Management Ordinance. Currently the impervious surface
calculation is at 28.9%. The proposed building impervious surface calculation will be approximately
20.57% and the total impervious surface coverage will be 28.9% (no change from existing). Also
requesting a variance to be 5' from the east and west lot lines.
Amy Busko
Board of Adjustment Secretary
July 29, 2021
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
MQDfJ Ln.mo9jeoo /Property Address PIN
Property Area (from GIS or Survey):Square Footage of Lot
Acres x 43,560 A1 reAcres
Total Area Allowed for Impervious Surface
At X .25
Total Area Allowed for Buildings
A1 X .20
A2 ft^A3 ft^
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Totai impervious SurfaceDescriptionAreaDescriptionArea
/^ooOBO /4MB1Dwelling and Attached Garage Driveway/Parking area(s)Total Impervious-Buildings
)0nic iis^ft^Cl ft^Detached Garage Patio/Sidewalk Total Impervious-Other
Total Impervious Surface
B1 +C1
r'SiA )
ft^D1Shed(s)Retaining wall(s)
Total Percent Impervious
(D1 + A1)x 100
ft^ElMiscellar>eous Landscaping
If IfRecreational Camping Unit Other
Allowable Total Area Remaining
A2 - D1 ffact.3ISI,Water Oriented Accessory Structure
HB6{B1 /St!^Cl ft^Project being requested:Total Impervious-Buildings Total Impervious-Other
Accessory structures less than or equal to 120 $q ft
without a permit. This exemption only applies to items
l—l rK)t located in the Shore Impact Zone. Bluff Impact
Zone, or Wetlands,
Building Impervious SurfacePercentage
(B1 + A1)x 100
Reviewed by L&R
D El Greater than 15%: Exemption Not Allowed
Int:Date:B2
□ El 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This
|~| exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1 B3 ft^
SHORE IMPACT ZONE
37,5fl(GD Lakes)
50 ft (RD Lakes/Agricullure, Urban,Tributary Rivers)Q a
75 ft (Transition Rivers)
100 ft (NE Lakes)
ftLake Classification
Shore Impact Zone Area
SI xS2S2 S3ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface
S3x .15
S4
List all oh^r impervious surfaces in the Shore lm||M(^t ZoneList all structure footprints in the Shore Impact Zone
Total Impervious Surface
DescriptionDescriptionArea
7 ft^S5 ft^Patio/SidewalkBuilding(s)Buildingszff^S6ft^ft=Deck(s)Other
Landscaping/retainging"^^I(s)
Total Impervious Surface
S5 + S6
ft^ ft^S7
Drlveway/Parlji(fgarea{s)Total Percent Impervious
(S7 * S3) X too
ft^fP
Misce|kfneousft^
Allowable Area Remaining
S4- S7
ft^
StZ Total Impervious-Buildingi 35 S6 ft^SIZ Total Impervious-Other 7/1/2021
/A‘\c('a HocJJAaljcy
Signature DatePrinted Narne .
otter Tail County
oWail Land & Resource Management
Impervious Surface Worksheet Proposed *
Page 2
iDorrun^sidf Boh PIN *7OOP f 9 093oc> /Property Address
Square Footage of Lot
Acres x 43,560
Property Area {from CIS or Survey):ft'A1Acres
Total Area Allowed for Buildings
A1 X .20
Total Area Allowed for Impervious Surface
A1 X .25
ft'A3ft'A2
List ALL proposed other impervious surfacesList ALL proposed structure footprint areas
Total Impervious Surface
AreaDescriptionAreaDescription
Total Existing Impervious-
Other from Page 1 ^50 «'Total Existing Building
Impervious from Page 1 5/;^ClB1ft'
Total Proposed Building Impervious FIft'Driveway/Parking area(s)Dwelling and Attached Garage
Total Proposed Impervious- Other G1ft'ft'Patio/SidewalkDetached Garage
Total Proposed Impervious Surface
FI f G1________________
HI ,ft'ft'Retaining wallfs)Shed(s)
Total Proposed Percent Impervious
(H1 I- A1) X 100_______
ft'ft'LandscapingMiscellaneous
ft'ft'OtherRecreational Camping Unit A2Allowable Area Remaining ft'H1ft'ft'Water Onented Accessory Structure
lOoi ft'G1F1Total Impervious-OtherTotal Impervious-Buildings
OiPercent Building Impervious
(FI T A1)x 100 0/
Allowable Building Area Remaining A3-FI ft'
SHORE IMPACT ZONE
37.5 n (GD Lakes)
50 ft (RD Lakes/Agricullure, Urban,Tributary Rivers) 0
75 ft (Transition Rivers)
100 ft (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
S3 X .15 S4
List all proposed other impervioyC surfacesList all proposed structure footpimt areas
Total Proposed Impervious Surface
AreaAreaDescriptionDescription
m*^Existmg Impervious- Othe^S^)Total Existing Building
Impervious (Pg 1)
Sj ft'ft'S5
S8 ft'ft'ft'Patio'Sidewalk Proposed BuildingsBuilding(s)
S9 ft'ft'ft'Deck(s)proposed Other
Total Impervious Surface
S8 * S9
ft'ft'S10ft'Landscaping/Retainin^all(s)
Total SIZ Percent Impervious
(S10 + S3) X 1(X)
ft'ft'Dnveway/ParkingVrea(s)
Aliowat)Micellaneous
le Area Remaining ft'S4-S10
ft'ft'
S9 ft'S8 ft'Total Impervious-OtherTotal Impervious-Buildings z 7/1/2021
SignaturePrinted Name ^0>Uvl<dilU<^ p tS- iLtC' 'Date
pelican
, Compliance inspection report form
Existing Subsurface Sewage Treatment System (SSTS)m%MINNESOTA POLLUTION
CONTROL AGENCY
520 Lafayette Road North
St. Paul, MN 55155-4194 Doc Type:.Corhpliance and Enforcement
Instructions: Inspection results based on Minnesota Pollution ControLAgency (MPCA) requirements and attached supporting
documentation - additional local requirements may also apply. Further information can be.found here:
https:/AA/ww.Dca.state.mn.us/sites/defaultffiles AAra-wwists4-31a.pdf.
Inspector must submit completed form to Local Governmental Unit {LGU) 'and system owner within 15 days of final
determination of compliance or noncompliance.
Property information Local tracking number:
Parcel ID# or Sec/Twp/Range: 17000990935001
■Property address: 24407 Morningside'Beach Lane, Detroit Lakes, MN 56501
Owner/representative: .Buildihg Concepts
Brief system description:'1600 gal. Holding Tank______________________
Local regulatpry authority; Ottertail County
Owner's phone; 701-280-2091
System status
System status on date (mm/dd/yyyy): 7/21/21
S Compliant - Certificate of compliance*
(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.)
*Nqte: Compliance indicates conformance with Minn.
R. 7080.1500 as of system status date above and
does not guarantee future performance.
Reason(s) for nbncompliance (check all applicable)
□ Impact on public health (Compliance component #1) - Imminent threat to public health and safety
□ Tank integrity (Compliance component #2) - Falling to protect groundwater
□ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety
Q Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater
D System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater
O Soil separation (Compliance component #5) - Failing to protect groundwater
Q Operating permit/monitoring plan requirements (Compliance component #4) - Noncomptlant - local ordinance applies
Comments or recommendations
□ Nonconipliant- Notice of noncompliance
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.
Systems falling to protect ground water must be upgraded,
. replaced, or use discontinued within the time required by local
ordinance.
Certification
/ hereby certify that all the necessary iriformation 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 fpf^.j'
Business name; Stoll Inspections Inc.
Inspector signature:
Certification number: 7526
License number: 2982
(This document has been electronically signed)Phone: 218-839-1849
Necessary or locally required supporting documentation (must be attached)I
□ Operating Permit0 Locally required forms □ Tank Integrity Assessment□ Soil obsen/ation logs
□ Other information (list):
I
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1. Impact on public health-Compliance Gomponent#! of 5
i
Compliance criteria:Attached supporting documentation:
□ Other: ______________________
□ Not applicable
□ Yes*, ISi NoSystem discharges sewage to the
ground surface
□ Yes* ElNoSystem discharges sewage to drain
tile or surface waters.
□ Yes’ El NoSystem causes sewage backup into
dwelling or establishment;
Any “yes” answer above indicates the system is an
imminent threat tp public health and safety.
Describe verification methods and results:
2. Tank integrityCompliance component #2 of 5
Attached-supporting documentation:
□ Pumped at time of inspection
Compliance criteria:
□ Yes*. El NoSystem consists of a seepage pit.
cesspool, drywell, leaching pit,
or other pit? __________Deweys SepticName of maintenance business:
□ Yes' H No License number of maintenance business; L2884
Date of maintenance:
□ Existing tank integrity assessment (Attach)
Date of maintenance
(mm/dd/yyyy);
Sewage tank(s) leak below their
designed operating depth?7/21/2021
(must be within three years)
(See form instructions to ensure assessment complies with
Minn. R. 7082.0700 subp. 4 B (1)) .
If yes, which sewage tank(s) leaks:
Any “yes” answer above indicates the system
is failing to protect groundwater.
□ Tank is Noncompliant (pumping riot necessary - explain below)
0 Other: Tank Empty
Describe verification methods and results:I
Camera
)
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wq-wwists4-31b • 1/11/21
1
i
3. Other compliance conditions - Compliance component #3 of 5
3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured?
□ Yes* E No D Unknown
3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes? S 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 accordancewith Minn. R. 7080.2500?
*Yes to 3c or 3d - System is filing to protect groundwater.
Describe verification methods and results:
□ Yes* p No
□ Yes* S No
Attached supporting documentation: O Not applicable Q
4. Operating permit and nitrogen BMP* 7^ Compliance component #4 of 5 g] Not applicable
□ Yes □ No If “yes”, A below is requiredIs the system operated under an Operating Permit?
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 completed.
Compliance criteria:
a. Have the operating permit requirements been met?
b. Is the required nitrogen BMP in place and properiyfunctioning? DVes □ No
Any “no” answer indicates noncompliance.
Describe verification methods and results:
□ Yes □ No
Attached supporting documentation: □ Operating permit (Attach) □
Available in alternative formats
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• Use your preferred relay service •800-657-3864651-296-6300https://www.pca.state.mn.us
wq~wwists4~31b • 1/11/21
F.'
5. 'Soil separation - Compliance component #5 of 5
■i
D UnknownDate of installation 10/4/1984 ;(mm/dd/yyyy)
^ Yes □ No Attached supporting documentation:
□ Soil observation logs completed for the report (Attach)
O Two previous verifications of required vertical
separation (Attach)
S Not applicable (No soil treatment area)
Holding Tank Only__________________
Shoreland/Weilhead protection/Food
beverage lodging?
Compliance criteria (select one):
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 DNo*
El
■-•Is
□ Yes □ Nd‘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 distanceTrom 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 ONo*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
(Advanced Inspector License required)
Drainfield meets the designed vertical
separation distance.from periodically
saturated soil or bedrock._____________
i.
1 ■
■ i
I!,
i
1
*Any “no ” answer above indicates the system is
failing to protect groundwater.
Describe verification methods and results:
I
■ . i ;
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 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 Jaw, 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
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wq-wwists4-31b • 1/11/21
■;
Parcel Number: lT(Xp^0^3^OI
Date & Initial: ijZijz^
System Drawing
The system drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all septic/holding.'lifl tanks,
drainfields, wells within 100 feet of system pndicate depth of wells), dwelling and non-dwelling structures, lot lines, road right-of-ways,
easements, OHWLs, wetlands, and topographic features (i.e. bluffe).
\
Additional Comments:|V)
ExccVComptiance Footj fcf OTC 4/1^/2017 Page 2 of 2
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
)COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 29*^ day of July, 2021 the attached Notice of Hearing for Variance was duly served upon the
individuals listed below and/or included in the attachment:
Lake AssociationTownship ClerkProperty Owner
See BelowDouglas Winter, Clerk
Dunn Township
50053 Fish Lake Rd
Detroit Lakes MN 56501
Kristi Timmer & Richard Pundsack
5865 Sunnybrook Lane
Minnetrista MN 55364
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald;
Devils (Near Perham):
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:
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
111
Little Pine & Big Pine:
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
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: Rod Boyer, 51127 E. Wymer Lake Rd, Frazee MN 56544
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
1FileDated: July 29, 2021
Extra___3Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members
PC Member__
Envelopes 13
TOTAL NOTICES TO PRINT___23
I I Added to Agenda
I I Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press_____
5
1 MinutesBy:
Amy Busko
Map
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Richard Affidavit (56-786) 08-12-21 .docx
Buffer Parcels
Parcel No Addr2Addr 1
2104 Hastings Ave Ste 200
Citv St ZiD
Newport MN 55055 1812
Name 1 Name 2
17000040065000 Azure Estate LLC
Newport MN 55055 181217000090107001 Azure Estate LLC 2104 Hastings Ave Ste 200
17000090107006 Azure Land Co LLC Newport MN 55055 18122104 Hastings Ave Ste 200
17000100116001 Rommesmo Family Ltd Ptnrshp West Fargo ND 58078 3304702 13th Ave E
Burlington Wl 53105 872217000100116005 Annie Sumpter 8963 Pheasant Run
17000990754000 Radtke Family Tst Attn Wallace E Radtke 12942 Red Fox Rd W Peoria AZ 85383 7630
17000990755000 Judy Steffes Detroit Lakes MN 56501 944750395 Fish Lake Rd
Casselton ND 58012 9754Attn Renee Fowler 15605 29th St SE17000990929000 Lorry E Vining LLC
17000990930000 Jeffrey V Overby Tst Moorhead MN 56560 56013915 3rd St S
17000990931000 Michael & Kristi Spindler Fargo ND 58104 72346262 Martens Way S
17000990932000 Lynn M Hoghaug Tst Devils Lake ND 58301 0160PO Box 160
Devils Lake ND 58301016017000990933000 Lynn M Hoghaug Tst PO Box 160
17000990934000 Lynn M Hoghaug Tst Devils Lake ND 58301 0160PO Box 160
17000990935000 Nathan A & Jessica L Metcalf 4813 Meadow Creek Dr S Fargo ND 58104 7115
17000990935001 Kristi Timmer & Rich Pundsack 5865 Sunnybrook Ln Minnestrista MN 55364 1280
Valley City ND 58072 242217000990936000 Joshua R & Alison M Kasowski 961 9th Ave NE
4813 Meadow Creek Dr S17000990936001 Nathan A & Jessica L Metcalf Fargo ND 58104 7115
Newport MN 55055 181217000990939000 Azure Estate LLC 2104 Hastings Ave Ste 200
17000990941000 Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
Newport MN 55055 181217000990942000 Azure Estate LLC 2104 Hastings Ave Ste 200
17000990943000 Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
Pase 1 of 1Wednesday. July 28, 2021
Buffer Mail
Address iName Address 2 City, State, Zip
Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
Azure Land Co LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
Jeffrey V Overby Tst 3915 3rd St S Moorhead MN 56560 5601
Joshua R & Alison M Kasowski 961 9th Ave NE Valley City ND 58072 2422
Kristi Timmer & Rich Pundsack 5865 Sunnybrook Ln Minnestrista MN 55364 1280
Lorry E Vining LLC 15605 29th St SE Casselton ND 58012 9754
Lynn M Hoghaug Tst PO Box 160 Devils Lake ND 58301 0160
Nathan A & Jessica L Metcalf 4813 Meadow Creek Dr S Fargo ND 58104 7115
Radtke Family Tst 12942 Red Fox Rd W Peoria AZ 85383 7630
Rommesmo Family Ltd Ptnrshp 702 13th Ave E West Fargo ND 58078 3304
Michael & Kristi Spindler 6262 Martens Way S Fargo ND 58104 7234
Judy Steffes 50395 Fish Lake Rd Detroit Lakes MN 56501 9447
Annie Sumpter 8963 Pheasant Run Burlington Wl 53105 8722
Wednesday, July 28, 2021 Page 1 of 1
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Amy Busko
From:
Sent:
Amy Busko
Thursday, August 12, 2021 10:52 AM
Rob Boyer; Chris LeClair; Kyle Westergard; Ben Olson; Darren Newville; Douglas Larson;
Michael Donoho; Terry Marthaler; Thomas (Tom) Lee
Correspondence
SPRTLR0221081210351.pdf
To:
Subject:
Attachments:
Good morning - We received correspondence by mail this morning in regards to a variance application at tonight's
meeting. The letter did come after the cut-off time for correspondence.
Have a great day
AMY
From: PRTLR02@CO.OTTERTAIL.MN.US <PRTLR02@CO.OTTERTAIL.MN.US>
Sent: Thursday, August 12, 2021 10:36 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: Scan from OTC Land & Resource
1
pelican