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Home My WebLink About17000991030000_Variances_08-13-2020243652< Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 09/02/2020 0v!27 AM FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D; H I-■■■.' iy-. ■■O'i'■£i r-- r--,-, ’d- f. -i ..X ijj 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.uspTTjERTAII Application Fee ~~ ^ ^ Receipt Number Accepted by f(Y!r Date Property Owner Name Todd A. Hennum Address 3824 22nd St S City Fargo State ND Zip 58104 Daytime Phone 701-200-7610 Email hardwarehank58@hotmail.com Parcel Information Lake Class Q0Lake NameLake No Pelican56078600 Parcel Number(s)17-000-99-1030-000 Parcel Number(s) SectionTownship Name Legal Description 10Dunn Section -10 Township -137 Rage - 042 VIKEN BAY BEACH EX W5' ALL OF LOT 12 Physical Address 50639 Fish Lake Rd, Detroit Lakes, MN 56501 TYPE OF VARIANCE REQUESTED (Please Check) □□□structure Setback 0 SubdivisionStructure Size Sewage System □MiscellaneousClusterWECS Version Date: 04/07/2020 1 i SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:_______ SKov-g-latvci er/HftoA- Orel 5 Setback - III - 4A - The lot does not allow buildings/decksAA/OAS to meet general set-back requirements Setback - IV -12D - Repair and Replace is not applicable for the project Impervious - IV - 8B1 - The lot size does not allow for reasonable buildings/decksA/VOAS to meet impervious/pervious requirements ~(gV ^-ec|4V I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTH^ PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. / SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) 2-0 z^oDate of Hearing '7'-00 f>.m .Time/ Motion Todd Hennum - Variance Approved as Requested (7:09 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Brent Frazier and carried by roll call vote with Michael Donoho voting no, to approve the variance request to replace the existing dwelling and deck being 38 feet from the lake, 1 foot from the road right of way and 5 feet from the lotline. Also approve to replace the roof on the existing boathouse with a flat roof and deck under 10 feet in height. The building impervious surface coverage is approved to be 28.6%, other impervious surface coverage will be 37.58% and the shore impact zone impervious surface coverage is approved to be 484.50 sq. ft. 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. The variance as approved does not directly or indirectly grant any other variances for future development. fmi ifttxp llUYvia^ Ul Chairman/Otter Tail County Board of Adjustment_______ Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management AnvM Mlo^ L&R OfficiaiyPate' Copy of Application mailed to Applicant, County Assessor and MN DNR 2 * i Proposing to replace the existing dwelling & deck being approximately 38' from the lake, 1' from the { road right of way and 5' from the lotline at the closest point. Also proposing to replace the pitch roof on ') the boathouse with a flat rubber roof with deck being under 10' in height. The proposed impervious surface coverage will be: Buildings - 28.6%, Buildings & Other Impervious Surface will be 37.58% and the Shore Impact Zone Impervious Surface Coverage will be 484.50 Sq. Ft. The Impervious Surface Coverage ' will be reduced by 3.54%. f K V. . T-----T 1-. i !/ 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:Todd Hennum Address/Parcel No. 50639 Fish Lake Rd / 17000991030000 Requested Variance: Proposing to replace the existing dwelling & deck being approximately 38' from the lake, V from the road right of wav and 5' from the lotline at the closest point. Also proposing to replace the pitch roof on the boathouse with a flat rubber roof with deck being under 10' in height. The proposed impervious surface coverage will be: Buildings - 28.6%, Buildings & Other Impervious Surface will be 37.58% and the Shore Impact Zone Impervious Surface Coverage will be 484.50 Sq. Ft. The Impervious Surface Coverage will be reduced by 3.54%. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: III. 4. A., IV. 12. D. & IV. 8. 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: Need more living space as the family is growing. Removing the existing dwelling location being close to the lake and increasing the proposed setback to the lake with the new dwelling and deck. They also have a child with special needs and this proposal will help with her needs. 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... i j No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: This is an existing iegal non-conforming structure located approximately 38'from the OHWL They are making improvements to the property and reducing the impervious surface. 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... n No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The proposed structure will have no further encroachment to the lake and be setback further than the existing cabin. 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: This property was developed prior to the ordinance. 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.... n No, the issuance of the variance is only for economic considerations... ...because: This is an expansion to an existing legal non-conforming Structure. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: August 13, 2020 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. Ottertail Beach Club, Inc., Stacy Rindy, President Cont. After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and carried by roll call vote to approve 'the variance as requested to replace the existing cabin, patio and storage building having a combined 849 sq. ft. of impervious surface with the cabin being 732 sq. ft. of the combined 849 sq. ft. 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. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Brent Frazier - PC Member X X c Todd Hennum - Variance Approved as Requested (7:09 p.m.) Todd Hennum, Ex W 5’ All of Lot 12 of Viken Bay Beach, Pelican Lake (56-786), Dunn Township request the following: Proposing to replace the existing dwelling & deck being approximately 38’ from the lake, 1 ’ from the road right of way and 5’ from the lotline at the closest point. Also proposing to replace the pitch roof on the boathouse with a flat rubber roof with deck being under 10’ in height. The proposed impervious surface coverage will be: Buildings - 28.6%, Buildings & Other Impervious Surface will be 37.58% and the Shore Impact Zone Impervious Surface Coverage w ill be 484.50 Sq. Ft. The Impervious Surface Coverage w ill be reduced by 3.54%. Todd & Stacy Hennum, property owners and Stefen Boehn, Contractor represented the variance application via GoToMeeting. A letter from Dunn Township was received w ith no objection to the variance request. The audience was polled with no one speaking for or against the variance application. After consideration and discussion. Darren New ville made a motion, seconded b\ Brent Frazier and carried b\ roll call vote with Michael Donoho voting no, to approve the variance request to replace the existing dwelling and deck being 38 feet from the lake, 1 foot from the road right of way and 5 feet from the lot line. Also approve to replace the roof on the existing boathouse with a flat roof and deck under 10 feet in height. The building impervious surface coverage is approved to be 28.6%, other impervious surface coverage will be 37.58% and the shore impact zone impervious surface coverage is approved to be 484.50 sq. ft. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follow s: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X XDouglas Larson Michael Donoho X Terry Marthaler Brent Frazier - PC Member X X Kurt & Sharon Baker - Variance Request Approved with Condition (7:21 p.m.) Kurt & Sharon Baker. SI '2 of Lot 5 & All Lots 6 & 7 - Elmwood, Loon Lake (56-523), Candor Township request the follow ing: Proposing to replace existing cabin with new cabin being 6’ from RROW, required setback is 20’. Also requesting to increase Shore Impact Zone Imp. Surface Coverage from 524 sq. ft. to 684 sq. ft. The additional Imp. Surface Coverage in Shore Impact Zone is due to proposed patio w hich w ill be constructed w ith perm. Pavers. The overall Imp. Surface w ill not exceed 25%. The lot is a substandard Board of Adjustment August 13, 2020 Page I 5 STAFF REPORT Todd A HennumAPPLICANT: Proposing to replace the existing dwelling & deck being approximately 38' from the lake, 1' from the road right of way and 5' from the lotline at the closest point. Also proposing to replace the pitch of the roof on the boathouse with a flat rubber roof with deck being under 10' in height. The proposed impervious surface coverage will be; Building: 28.6%, Buildings & Other Impervious Surface will be 37.58% and the Shore Impact Zone Impervious Surface Coverage will be 484.50 sq.ft. The Impervious Surface Coverage will be reduced by 3.54%. APPLICATION: LOCATION:50639 Fish Lake RD, Detroit Lakes MN 56502 170009913000 LAKE NAME/NUMBER/CLASS; [Pelican, 56786, GD] STAFF WHO COMPLETED REPORT: Chris LeClair Staff Recommendation: Either approve or deny. If a motion Is made to approve the application, staff recommends the following conditions be included: 1. No conditions recommended. Applicable Ordinances/Statutes SHOREIAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A LAKES RIVERS SETBACKS (Ft) Elevation Above OHWL GO RD NE U&T Ag Trans Vertical Separation*3 3 3 33 3 Setback From OHWL Dwellings / Non-Dwellings 75 100 200 100 100 150 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 1010 505050 50 50 50 Residential PUD 50 50 50 50 50 50 WOAS 40 65 90 40 65 115 Top of Bluff 30 30 30 30 30 30 Road Rieht-of-Wav (Public / Private) All Structures 20 20 20 20 20 20 Septic Tanks All Structures 10 10 10 101010 Soil Treatment Area Dwelling Non-Dwelling Maximum Structure Height 20 2020 20 20 20 10 10 10 10 1010 Dwelling Non-Dwelling WOAS 35 35 3535 35 35 20 20 20 20 20 20 10 10 10 10 1010 SHORELAND MANAGEMENT ORDINANCE SECTION IV, Subp. 8, B The following are specific standards; Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square ft. B. 1. SHORELAND MANAGEMENT ORDINANCE SECTION IV, SUBP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 4.Nonconformities; certain classes of property. This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments; 1. Site visit August 3, 2020 2. Septic system compliance inspection received by office on 7/17/2020. System compliant. iiX- Z .-it...3 3•1if .* V 7i •if" *,• A r•■ 1-. m ' 'iM*V~i y?':*" “ »mrM 11 1 s»0aA'” K:iffe Plilts ‘1?':’ ♦; . ’■;' t*. I - _v_-_:_•‘#>1 i> Vit.1 iess 9iii|8*l/.'^ :. 'SMh rii ' ->J! '■■ffpSs:* j ■■;-•,.4v-'^' "’V.- . - • », y.' 'W:• . ’*v'It1'■kj^•:t ■ i.0 ' r’vV LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537' COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Todd A. Hennum 3824 22"“ St. S. Fargo ND 58104 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter 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 13, 2020 at 7:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** 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.-17000991030000 Ex W 5' All of Lot 12 of Viken Bay Beach Section 10, Township 137, Range 42 Township Name - Dunn Pelican (56-786), General Development (GD) 50639 Fish Lake Rd., Detroit Lakes MN 56501 Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to replace the existing dwelling & deck being approximately 38' from the lake, 1' from the road right of way and 5' from the lotiine at the ciosest point. Also proposing to replace the pitch roof on the boathouse with a flat rubber roof with deck being under 10' in height. The proposed impervious surface coverage will be: Buildings - 28.6%, Buildings & Other impervious Surface will be 37.58% and the Shore Impact Zone Impervious Surface Coverage will be 484.50 Sq. Ft. The Impervious Surface Coverage will be reduced by 3.54%. July 30, 2020 , Busko Board of Adjustment Secretary ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 Bmrm im 5 Lighthouse Construction Inspire | Design | Construct Ottertail County Board of Adjustment, The following is a variance application for Todd and Stacy Hennum, who have a property located at 50639 Fish Lake Road, Detroit Lakes, MN 56501. The overall goal of this project is to achieve additional living space for their growing family while improving the condition of the land. Throughout this process we are improving the general impervious coverage as well as the Shoreline Impact Zone impervious surface coverage, through the Owners giving up a deck adjacent to the shoreline and a storage building. The lot size is very restrictive and what the Owners are proposing is very reasonable when considering general use and nearby structures. We greatly appreciate your careful consideration of this matter. Please contact Todd Hennum - 701-200-7610 (Owner) or myself 218-850-2273 (Agent/Contractor) with any additional questions. Respectfully, Stefan Boehm f / i ' IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft2 Ft2 Ft2 Ft2 G55Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) storage Shed Landing(s) ISlb XWOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier)Z30rsMiscellaneous ^11TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft2 Ft2 Ft2 Ft2Total Buildings M?5c>100■+:_T X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft2 Ft2 Ft2 Ft2 3-7.58 '/100X LR: Online Permitting Forms 2016: Impervious Surface Calculation V\/orksheet 04-11-2016 2Jja12A^Signature:Date SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Def # 76. Shore Impact Zone (SIZ): Proposed Ft^Existing FF tHBuilding(s)(3^0. on ^Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier)□5515Miscellaneous (j50 .TOTAL Proposed TotalExistingTotal Shore Impact Zone Impervious Surface Ft2Ft2Ff2 Maximum Allowable 260 Ft^ 71 =%is LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016 i'KfTJO Date:Signature: 9 -------VJ-C 1/16'-? p '^uVtir b«.c'^- ^ Vi-*- o'Atd ii ■-----------------fl'. -----------^'-1 ^lb‘------------r^^ivN □ □I a□£ 9wn* Rep oRfk pain I□10 'a«u: VBitd - MougM^ ^mtT□ ' D V»<_□• lO".£hci< Vo£<o £D/l!les sarr tipi H 5 tf> H «n < lu lu lu z o otsSG UJ Ul lU ^ ”1 “J§S° .JiUSL. I~br T 1 •Sipne Step i QC D. 0. ^•11 Sfl6*•ip-e w- I IS ? 3„-! II I 51 O-»-T- o s;; fli c uS> 2 2 3ti i02^ a cK t/) 0>C £ 7-. O D-C-u - dO rp Payment landing/•iT^aiip--✓-9-r-a Q i'-7S- LMNG AREA 113S frOFT eScpHc- lU inlU Ul Z$5vD Notice A Disclaimer DATE: These plans are drawn to comply with the owner's specifications, and any changes made to them after the Preliminary Design Agreement is completed will be done at the owner's expense and responsibility. The homeowner shall verify all dimensions and enclosed drawings Lighthouse Construction is rot liable for errors once construction has begun if Lighthouse Construction is not the selected General Contractor. While every effort has been made in T/21/2020 SCALE: r“ 4 IY'TOIDCjVC-'^■ ia-0 i»u--------o7>jSH lU ^iSi5 MiO'' « fl-ir » —y-iy \*-9-3 W- Ptinsieia P*< rt~ .I. , ispsarr 5s »aO I.o I &JJL ro - —ft-.ir- yaffil 1 1>4 a■9'-r- %0 If)Hi. . 8pg£K fjs ISI si P 5 </> ^«n < uj lu Ui Z o D I• fe »-»-1- o o olU lU lU:.h ,-it S§§ H 0. 0. a. •' ti a|i»* Jv I saE H I §ai ^ II p ? 3,-I ^ II~ I ^iH? .r~= t i 1s a *•“» Cr“ «/) o) ^ c s Tz o o E _Cu- DD Ii: Ei-11 I ■3tr- ScpUC- Sz se 0. tfl uivD Notice & Disclaimer DATE; Tnese plans are drawn to comply with (he owner's specifications, and any char>ges made to them after (he Preliminary Design Agreement is completed will be done at the owner's expense and responsibility. The homeowner shall verity all ensions and enclosed drawings. Lighthouse Construction is not liable tor errors once construction has begun it Lighthouse Cnnstmninn is hnf the selected Oenorai 7/21/2020 SCALE:dim o7i ? fc r6'-10"£t T-10" q' ir 5'-2 3/4"8’-10" TI ib tt «eI& .£b in ISqSQFT ”5is is5";r? ? s A IR15*-a 3/6”6'-11 5/16"•s 4‘5® li! a*. 10" In < iu ulu z o oI5t3t3 lu lU UJ ^ -1 b ?? s 5rm UPVcnr< b. EL 0.b 1 5'-q- IO crt s £ ?> :r i IIII3d*U d5 11 CO £BOATHOUSE ?■ fll C uS) 5 I 3tl o O?- m O)^ c s - O Q bm _Co- tao I£IS :r bfO in S I n ilui-I K13vO<b m Notice & Disclaimerr*<o DATE: These plans are flrawn lo comply with the owner’s specifications, and any changes made to them' after the Preliminary Design Agreement is completed will be done el the owner’s expense and responsibility. The homeowner shall verify all dimensions and enclosed drawings. Lighthouse Construction is not liable for errors once construction has begun if Lighthouse Construaion is not the selected General T/21/2020 SCALE: 5IL 9 oo>H 26' ruts'r-4"2-tr -i-V'-2'-6"5'-10"■-T3-II rrI ------------1-----------mtor>M310FX mtent ITT 2MC66 31906C i«I cC ossin 6'-10” K « £I "II mIll sr5<S S lu Z o o lU UJ |USSS (L fi. 0- %II Ii s I il «oi161 SaFT Iis® ■{:^gs -1-0 - dD IIBOATHOUSE DECK M«OMU»040MU»40FX'tl^is! 0£ K lU o8:S'3II- 2'-8 3M"2'-3 1/4 2'-6 3/4"lijr-6 3/4":2'-6'''-1 3'-10 1/2”. V-0 1/2"6‘6'O 1V-31/2”10'-10“ Nntirp A Dinrlaimpr DATE;r.LIYIN^^AREA <160 SOFT These plans are drawn lo comply with ihe owner's specilications, and any changes made to them after the Preliminary Design Agreement is completed will be done at the ownei's expense and responsibility. The homeowner shall verify all dimensions and enclosed drawings Lighthouse Consvruciicn is not liable tot enors once construction has begun II Lighthouse Construction is not the selected General T/21/2020 SCALE: 1 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 30*^ day of July, 2020 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 Douglas Winter, Clerk Dunn Township 50053 Fish Lake Rd Detroit Lakes MN 56501 See BelowTodd A. Hennum 3824 22"^^ St. S. Fargo ND 58104 City Clerk (if located within 2 miles of a city) NA (Q 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 Big McDonald: Devils (Near Perham); Little McDonald, KerlDS & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: LU Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 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 ^ulie 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: Brent Frazier, PO Box 255, Pelican Rapids MN 56572 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: July 30, 2020 Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT___^ I I Added to Agenda Map r~| Print out Findings of Fact Sheet Newspapers FFDJ & PR Press 6Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:18Amy Busko l:\BOA\August BOAtHennum Affidavit (786) 08-13-20.docx Buffer Parcels Parcel No 17000100114001 B & C Schlossman Lk Prop Ptnrs Name 1 Addr 1 Addr 2 Citv St ZId Fargo NO 58102 4487 Name 2 505 Broadway N Ste 306 17000100114002 Frank & Katherine Miosek Detroit Lakes MN 56501 944550566 Fish Lake Rd Kenneth Marks17000100114900 Detroit Lakes MN 56501 948350650 Fish Lake Rd 17000100115000 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306 Michael F & Donna Ondracek17000100115001 555 40th St S Apt 224 Fargo ND 58103 1175 17000100115002 Shawn M & Mary C Skrove 89 Prairiewood Dr S Fargo ND 58103 4651 17000100115003 William J Radermacher Casselton ND 58012 0222PO Box 222 17000991024000 Marc C Johnson Et A)3200 11th St S #207 Fargo ND 58104 4610 17000991025000 Gary A & Margaret M Pillsbury 861 Rice Creek Ter NE Fridley MN 55432 4555 17000991026001 Julie A Buckley Et Al Los Altos CA 94022 4000271 De Anza Ln 17000991027000 Julie A Buckley Et Al Los Altos CA 94022 4000271 De Anza Ln 17000991028000 Julie A Buckley Et Al 271 De Anza Ln Los Altos CA 94022 4000 17000991029000 Randy L & Michelle L Zimney Detroit Lakes MN 56501 948350631 Fish Lake Rd 17000991029001 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306 17000991030000 Todd A Hennum 3824 22nd St S Fargo ND 58104 6856 17000991030001 Robert B William 50647 Fish Lake Rd Detroit Lakes MN 56501 9483 17000991031000 Steven 8t Sherry K Garza 3610 Claburn Dr Austin TX 78759 8215 17000991032000 Earl & Kristi Jarolimek Tst 3114 37th Ave S Fargo ND 58104 7049 17000991033000 Kenneth Ruhland Et Al 402 Ramona Ave West Fargo ND 58078 3912 17000991034000 Keith E & Doris M Kosse 6008 55th Ave S Fargo ND 58104 5691 17000991036000 B & C Schlossman Lk Prop Ptnrs 505 Broadway N Ste 306 Fargo ND 58102 4487 17000991037000 B 8i C Schlossman Lk Prop Ptnrs 505 Broadway N Ste 306 Fargo ND 58102 4487 Frederick R & Rhonda J Wensel17000991038000 2809 38 1/2 Ave SW Fargo ND 58104 7007 Tuesday. July 28. 2020 Page 1 of 1 Buffer Mail Address iName Address 2 City, State, Zip B & C Schlossman Lk Prop Ptnrs 505 Broadway N Ste 306 Fargo ND 58102 4487 Earl & Kristi Jarolimek Tst 3114 37th Ave S Fargo ND 58104 7049 Steven & Sherry K Garza 3610 Claburn Dr Austin TX 78759 8215 Todd A Hennum 3824 22nd St S Fargo ND 58104 6856 Julie A Buckley Et Al 271 De Anza Ln Los Altos CA 94022 4000 Kenneth Ruhland Et Al 402 Ramona Ave West Fargo ND 58078 3912 Keith E & Doris M Kosse 6008 55th Ave S Fargo ND 58104 5691 Marc C Johnson Et Al 3200 11th St S #207 Fargo ND 58104 4610 Kenneth Marks 50650 Fish Lake Rd Detroit Lakes MN 56501 9483 Frank & Katherine Miosek 50566 Fish Lake Rd Detroit Lakes MN 56501 9445 Michael F & Donna Ondracek 555 40th St S Apt 224 Fargo ND 58103 1175 Gary A & Margaret M Pillsbury 861 Rice Creek Ter NE Fridley MN 55432 4555 William J Radermacher PO Box 222 Casselton ND 58012 0222 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306 Shawn M & Mary C Skrove 89 Prairiewood Dr S Fargo ND 58103 4651 Frederick R & Rhonda J Wensel 2809 38 1/2 Ave SW Fargo ND 58104 7007 Robert B William 50647 Fish Lake Rd Detroit Lakes MN 56501 9483 Randy L & Michelle L Zimney 50631 Fish Lake Rd Detroit Lakes MN 56501 9483 Tuesday, July 28, 2020 Page 1 of 1 Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Gompliance Inspection Form 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): 7/17/2020 Q Noncompliant - Notice of Noncompliance (See Upgrade Requirements on page 3.) 1^ Compliant - Certificate of Compliance (Valid for 3 years from report date, unless shorter time frame outlined in Local Ordinance.) Reason(s) for noncompliance (check all applicable) D Impact on Public Health (Compliance Component #1)- Imminent threat to public health and safety D Other Compliance Conditions (Compliance Component #3) - Imminent threat to public health and safety Q Tank Integrity (Compliance Component #2) - Failing to protect groundwater D 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: 50639 Fish Lake RD Property owner; Todd Hennum______ Parcel ID# or Sec/Twp/Range: 17000991030000 ___ _____________ Reason for inspection: Site Permit _____________ Owner's phone: _______________ or Representative phone: ________________ Regulatory authority phone: 218-998-8095 Owner's representative; ______________________________ Local regulatory authority: Ottertail County L & R_________ Brief system description; 1500 gallon Holding Tank Concrete Comments or recommendations; 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: Scott Ellinqson___________ Business name: Scott's Septic Services, LLC Inspector signature; Certification number: 8571 License number: 3947 Phone number: 218-205-1667 Necessary or Locally Required Attachments □ System/As-built drawing □ Forms per local ordinance□ Soil boring logs □ Other information (list): TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 1 of 3 wvw.pea.state.mn.us • 651-296-6300 • 800-657-3864 wq-wwists4-31b • 6/4/14 Property address: 50639 Fish Lake RD Inspector initials/Date:7/17/2020 (mm/dd/yyyy) 1. Impact on Public Health - Compliance component #1 of 5 Compliance criteria:Verification method(s): S Searched for surface outlet S Searched for seeping in yard/backup in home n Excessive ponding in soii system/D-boxes C] Homeowner testimony (See Comments/Explanationj D “Biack soii” above soii dispersai system D System requires "emergency” pumping D Performed dye test n Unable to verify (See Comments/Explanation) Cl Other methods not listed (See Comments/Explanation) □ Yes Kl NoSystem discharges sewage to the ground surface.______________ □ Yes Kl NoSystem discharges sewage to drain tiie or surface waters. □ Yes S NoSystem causes sewage backup into dweiling or establishment. Any “yes” answer above indicates the system is an imminent threat to pubiic heaith and safety. Comments/Explanation; 2. Tank Integrity — Compliance component #2 of 5 Verification method(s): S Probed tank(s) bottom S Examined construction records Q Examined Tank Integrity Form (Attach) O Observed iiquid ievei below operating depth n Examined empty (pumped) tanks(s) □ Probed outside tank(s) for “biack soil” EH Unable to verify (See Comments/Explanation) D Other methods not listed (See Comments/Explanation) Compliance criteria: n Yes S NoSystem consists of a seepage pit, cesspooi, dryweli, or leaching pit. Seepage pits meeting 7080.2550 may be compliant if allowed in local ordinance. D Yes |3 NoSewage tank(s) ieak beiow their designed operating depth. If yes, which sewage tank(s) ieaks: Any “yes” answer above indicates the system is failing to protect groundwater. Comments/Explanation: Dropped Camera inside all looked good. 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 n Yes* S No □ Unknownb. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety. *System is an imminent threat to public health and safety. Explain: c. System is non-protective of ground water for other conditions as determined by inspector. DYes* g] No *System is failing to protect groundwater. Explain: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 wq-wwists4-31b • 6/4/14 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 2 of 3 ..4 initials/Date:'^^v/roperty address 7IM12020Inspector: 50639 Fish Lake RD (mm/dd/yyyy) 4. Soil Separation - Compliance component #4 of 5 D UnknownDate of installation:Verification method(s): Soil observation does not expire. Previous soil observations by two independent parties are sufficient, unless site conditions have been altered or local requirements differ. □ Conducted soil observation(s) (Attach boring logs) □ Two previous verifications {Attach boring logs) □ Not applicable (Holding tank(s), no drainfield) □ Unable to verify (See Comments/Explanation) □ Other (See Commenis/Explanation) (mm/dd/yyyy) Shoreland/Wellhead protection/Food beverage lodging?□ 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. □ 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 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.Any “no” answer above indicates the system is failing to protect groundwater. ^ Not applicable5. Operating Permit and Nitrogen BMP* - Compliance component #5 of 5 □ 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) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system Is falling to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas, Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. TTY 651-282-5332 or 800-657-3864 • Available in alternative formats Page 3 of 3 651-296-6300 • 800-657-3864www.pca.state.mn.us • wq-wwists4-31b • 6/4/14 I \ i PARCEL # YEAR SCALE / '* Scott Ellingson 201 Meadow Circle, Ashby, MN 56309 218-205-1667 SKETCH OF PROPERTY r t pwcd I I L ,o ..i JNOFFICIALCOPY No delinquent taxes and transfer entered; fieal Estate Value ( \y/S filed ( Certificate of R^Estate^^w Na OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument #L_S5S£±L- was filed/recorded livthls office fo^record on the^LS— Lxjuc.juua_>:r .2004 ou. dwofaiai3^ami(^ii^ Wendv^O Metcalf. Coppty Recordert—X. ^ _YY!uLA^fnapirty' (Ybar) Wayne ^in, County Auditor q.s&ci^^Pr recording fee well certificateby..cKiC >Deputy•iQ -^oo ''/O -OOQ WARRANTY DEED IndivlduaKs) to Indivldual(s) Form No. 1-M (Tbp 3 Inches Reserved for Rcrording Diita) Minnesota Uniform Conveyancing Blanks (<t/17/97) DHmri'AXpUE:$ 577-50 Date: ^ " I ~ ^ ^_____Z! FOR VALUABLE CONSIDERATION, Earl P. Jarolimek and Kristi M. Jarolimek, husband and wife. , Grantor, (m.irlOtl .lUtuK) hereby conveys and warrants to Todd Honnum and Carolyn Hennum , Grantee, Otter Tail County, Miime.sola, described as foIlow,s:real property in Lot 12, except the West 5 feel thereof, of Viken Bay Beach, together with all hereditaments and appurtenances belonging thereto,' subject to the following exceptions: . None.' Check box if applicable: □ Tlie Seller certifies diat dte Seller does not know of any svells on the described real property. i8 A well disclosure certificate accompanies this document □ I am familiar with the property described in tliis instrument and 1 certify tliat die slauis^ant) property have not changed since the last previously filed well disclosure artigffltB:~^/ y/ COUNTY Ol^ OTTER TAIL STATE OF MINNESOTA DEED TAX S NUMBER S A- Affurf^tTax Stamp Hw ter of wells on the described realnut 0 •>Earl P„ Jarolimek Krisn~M. Jarolimek TrsabcxiVew-}“■STATE OF MINNESOTA COUNTY OF Z.^ ^This instrument was acknowledged before me on by Earl P. Jarolimek and Kristi M, Jarolimek, husband and wife 3 . (D>lc) NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) yCXVuiYf) >"yO «IGNATUKB OF ^^ARY PUBUC OR OTHER OmClAL EUZABETH M. THEtEN Nctafy Public, STATE OF NORTH DAKOTA W Commission Expires JULY 14,20(g Check here if part or all of the land is Registered (Torrens) □ THIS INSTRUMENT WAS DRAFTED BY: (NAME AND ADDRESS) Joseph A. Turman DeMars & Turman, Ltd. PO Box 110 Fargo, ND 58107-0110(701)293-5592 Tix Suiiemeats for the real property described in thi.s instrument should be sent to (Include name and address of Grantee): Todd and Carolyn Hennum 2932 37th Avenue SW Fargo, ND 58104 DUNN TOWNSHIP A7^19 East Lake Lizzie Road Pelican Rapids, Minnesota 56572, Phone: 218-863-2099 E-mail: DunntownOloretel.net August 10, 2020 Land & Resource Management Government Services Center 540 West Fir Avenue RECEIVED AUG 13 2023 -ANO » RESOUBCI Fergus Falls, MN 56537 To; Board of Adjustments Subj: Todd A. Hennum, Variance Request The Dunn Township Board of Supervisors reminds the builders that the Fish Lake Road is a 66-foot Road Right of way and so long as the project remains at least 34-feet from the road center line the Board has no objection to the requested variance at 50639 Fish Lake Road, Detroit Lakes, Minnesota. David L Johnson Chairman of Dunn Township responsible thereafter sU. 9 I < 26' 3"3"fl-b"3"-2'-6"1’-4"r-4"-=|3'=: -3'5’-10"2'-6“I I rr 30510FX 30f1(5FX 30910FX-1“ 2bi0ic2650SC 26503CE Th- fo ttir-3"s3' 0>QL kI ^{fi 8'-10"tnIcnrsicnIin 5innOeb-^o m^i§ ^ - TTiI in !:^52 CO Qiis isi s§ I— 5 ifl I—in < uj lum 2: D D H I— k—000 LU lU LU ~3 “)O Q O QC 0^ 0- tt- 0- 5CO :f i in§ o cr C T3 O^ ra in ^ o sO 0 c K 'Cl1 5 □ S E5 CO b in TJ S 5S S| cr CM 161 50 FT nj £= ti if)+- ? J U O o CN D)I uoCnc s — O Q_L_u - CuO I § CM BOATHOUSE DECK &£ <i|c>V iu2;j s' QC DC111 o 3 L_ 2'-S 3/4"V-0 1/2"lU <D_ DATE;LIYIN(5^'aKEA q&0 so FT These plans are drawn to comply with the owner's specifications, and any changes made to them after the Preliminary Design Agreement is completed will be done at the owner's expense and responsibility The homeowner shall verify all dimensions and enclosed drawings Lighthouse Construction is not liable for errors once construction has begun if Lighthouse Construction is not the selected General Contractor While every effort has been made in the preparation of this plan to avoid mistakes Lighthouse Construction can not guarantee against human error The selected General Contractor must verify all dimensions and other details prior to construction and be solely responsible thereafter 1/21/2020 SCALE: HOUSE SHEET: A-4 71 responsible thereafter