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HomeMy WebLinkAboutWoodland Beach Resort_25000020012001_Variances_10-13-2022Date Received 1284090 RECEIVED JEP 21 2022 LVNH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED ONl&R initialt-'. j'!v»qn pm THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER ret: ‘to.L'u PAGES 7 NELL CERTIFICATE REC'D; N APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us Application Fee •_______ Receipt Number 'l-tP'ZSL. — Reviewed/Accepted By / Date / PROPERTY OWNER /fey/V DAYTIME PHONE ("a/sT -770-g-7/</ MAILING ADDRESS P.^. 3oK S'S"/ E-MAIL ADDRESS Z-Z- LLCu3 gt-K p AJfY S'8'07^ PL LAKE NUMBER GL? ' ^42- LAKE NAME 7^-/ ^ n /-)»i7^ .LAKE CLASS A'T> SECTION 02. TOWNSHIP /33 RANGE 0^0 TOWNSHIP NAME £\Z&Hs PARCEL NUMBER £>£>0-^2 - cPO/JL~ E-911ADDRESS S-Ur^e. 75' ~ /ka-» r IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: LEGAL DESCRIPTION Cv^eo/ All of fHc ?ar-]r 0-f ■fVN^L. 0^»i I INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER TAIL COUNTY ORDINANCE (Please Check) Kl Shoreland Management Ordinance □ Sanitation Code □ Subdivision Controls Ordinance □ Renewable Energy Ordinance □ Other_____________________ \o ^ T!)«SECTION(S) OF ORDINANCE(S): Inspection Date ~) - i ^ 7 'Z—•Attached Subsurface Sewage Treatment System Compliance Inspection □ No septic system on property Page 2 Property Owner SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. -/d Our-VARIANCE REQUEST: '^<s. o\j e.rhe^c/ /to^/w-7 ^ur- c/as ■f-/c^Ai'»^ /s y A^cxj lei / * >c-c^/^^f-ioi/y ZT/^"et-x-rs/-a^ '3ZZ^ rt < I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENTS ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF OTTER TAIL COUNTY. ' I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY 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 Date Of Board of Adjustment Hearing /iC^, /3j Motion -pin.Time Variance Application Approved as Requested (6:42 p.m.) - After consideration and discussion, Rick Wilson made a motion, seconded by Rick West and carried to approve the variance to replace and raise the existing roof 4 feet on the structure and enclose a small portion of the existing deck to construct a 3-season porch being 4 Vi feet from the road right of way. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire’five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management )( Yes (Contact Land & Resource Management) No «L R Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. Director 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:Woodland Beach Resort Association, LLC Address/Parcel No. 26477 State Hwy 78 / 25000020012001 Requested Variance: We would like to rai.se our existing roof 4 feet to allow more overhead room in nur Inft. The .structure footprint will not change. The location of our cabin i.s currently closer than the 20 ft .setback for the road right awav. In addition, we would like to enclose a small portion of the exi.sting deck to construct a 3-.season porch. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Sec. 6 Subp. 4 D. A variance may be granted only where the strict enforcement of county land use controls will result in o "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the foliowing criteria: The applicant identified the following practical difficulty: The property is right on Hwy 78 and they were unaware of the actual setback to right of wav last survey was in 1980. Also there is an interior road that services the resort that if the structure is moved it would be blocking that road. 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 shail consider the purposes and intent of the officiai control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The land use ordinance allows property owners to develop and improve their property. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official 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 because they are in that right of way area. 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 circurnstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly ?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: It is an existing lot of record with a small building envelope. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 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 are on the location of an 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: October 13, 2022 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's Job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. Woodland Beach Resort Association, LLC -Variance Application Approved as Requested (6:42 p.m.) Woodland Beach Resort Association, LLC., All of Part of the 900 feet of GL 3, Otter Tail Lake (56-242) in Everts Township requested the following: We would like to raise our existing roof 4 feet to allow more overhead room in our loft. The structure footprint will not change. The location of our cabin is currently closer than the 20 ft setback for the road right away. In addition, we would like to enclose a small portion of the existing deck to construct a 3-season porch. Justin Ameson, Woodland Beach Resort Association and Teresa Rodriguez, cabin owner represented the variance application. An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating that he has reviewed the application and has no comment. After consideration and discussion, Rick Wilson made a motion, seconded by Rick West and carried to approve the variance to replace and raise the existing roof 4 feet on the structure and enclose a small portion of the existing deck to construct a 3-season porch being 4 Vi feet from the road right of way. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027. Robert & Amy Nelson -Variance Application Approved as Requested (7:51 p.m.) Robert & Amy Nelson, Lot 11 Blk 1 of purlieu Beach, Pine Lake (56-384) in Edna Township requested the following: We are proposing to build a 28x44, 2 bedroom cabin, (walk out style design, with a deck no more than 3 feet high) with the cabin following the bluff setback line of 30’. We are requesting a variance to the 20’ setback from the Road Right of Way to allow 12 feet as well as the 200’ lake set back to allow 30 feet from the top of the bluff The septic system is proposed to be in the road right of way with an easement from Edna Township and we will stay at least 10’ from the proposed septic while building a structure. The driveway is proposed to be to the East of the cabin and our plan is to move the existing 10x12 (non-permanent structure) shed to the east side of the cabin. Cabin to be 108.2’ from OHWL with deck 97.5’ from OHWL. Robert & Amy Nelson property owners along with Mavrick Larsen from Compass Consultants represented the variance application. An email was submitted by Matthew Yavarow. Otter Tail County Highway Department indicating that he has reviewed the application and has no comment. After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance to construct a 28’ x 44’ dwelling and platform/patio less than 3’ in height. Dwelling being 12.1 feet from the road right of way, 108.2’ from ordinary high-water level and 30’ from top of bluff Platform/patio 97.5 feet from the ordinary high-water level, and at least 15’ from top of bluff and relocate the existing 8’ x 12’ storage shed as depicted on the survey submitted with the variance request. Per additional discussion there will be no excavation for walkout within the 30 foot bluff setback. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027. Other Business - None With no further business, Michael Donoho declared the meeting adjourned at 7:05 p.m. Prepared by: Michelle Jevne. Secretary, The minutes were emailed on October 21, 2022. to the Otter Tail County Board of Adjustment. Official action regarding these minutes w ill be taken by the Board of Adjustment at their next regularly scheduled meeting. Page I 3 Board of Adjustment October 13, 2022 STAFF REPORT Woodland Beach Resort Assn LLCAPPLICANT: We would like to raise our existing roof 4 feet to allow nnore overhead room in our loft. The structure footprint will not change. The location of our cabin is currently closer than the 20 ft setback for the road right away. In addition we would like to enclose a small portion of the existing deck to construct a 3-season porch. APPLICATION: 26477 State Hwy 78, Battle Lake 56515, P# 25000020012001LOCATION: LAKE NAME/NUMBER/CLASS: Otter Tail/56-242/GD STAFF WHO COMPLETED REPORT: Michelle Jevne mw OTTER TAIL LAKE 56024200 1 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 Height, and Design of Structures on Lots Placement of Structures and Sewage Treatment Systems on Lots Structures and accessory structures must be located to meet all setbacks, and comply with the following OHWL setback provisions: D. 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 ft^5 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: 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: Woodland Beach Resort Association, LLC PO Box 551 Wahpeton ND 58074 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, October 13, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to landfSco.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing, ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 25000020012001 All of the Part of the 900 feet of GL 3... Section 02, Township 133, Range 40 Township Name - Everts Otter Tail Lake (56-242), General Development (GD) 26477 State Hwy 78, Battle Lake MN 56515 Lake Name/Number/Class: Property Address: The variance requested is the foliowing: We would like to raise our existing roof 4 feet to allow more overhead room in our loft. The structure footprint will not change. The location of our cabin is currently closer than the 20 ft setback for the road right away. In addition, we would like to enclose a small portion of the existing deck to construct a 3-season porch. Arny linsko Board of Adjustment Secretary September 29, 2022 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 la m is ■I Woodland Beach Resort Project Request Fornlv';% Date of Application: 05/09/2022 Name of Member; Teresa Rodriguez /Lot Number: Description Project: We will be raising the roof of the loft of our lake home by 4 feet. The structure footprint will not change. ;n. L .1? .it ©Approximate Cost of Project: S70@§.0Q When submitting application to Woodland Beach Resort Associaton, include the following items:S- rS'f. 1. Scale drawing of project- this is to include measurements of project in relationship to members camper or deck.f- 2. Make 2 copies of all items for Woodland Beach Board and compliance oflicer Woodland Beach resort use only: 1. Type of permit required: CUP/ Site permit/ lot alteration permit Aprroval of project by Compliance Officer: Approval of Woodland Beach Resortj<^^^:IJ Si y.! 0 Scanned with CamScanner m m V-.' i Wmip 72.■j »v 1 VV-"v'4l’'’'f~® N->• .';j .p^.*>;•I '>• f^^-\ li^J X_ti^-\JX m■ A Y' <-M1^ -^-SA ilrF I;'•I m5/ * •»' "^ Vj) ■'V' V, Si.1^iLSii tW^ll-.•«*.V V'‘ f.tV ,. /i ■r \■ s^>i.V ^-. i'' "■mM''\0^■]' Am."'iisfii# 3t^Sa tv?. i m '■:my £> rrfk-'*' •..K.;st*-,tV*X,?'v.-i V..-\-t (itvllk''. ■ '--■‘5^' ii .^X' '-A %yr»^jtm% ■Ctl:.:::EE^nni S4i/ff »>feffi;;i£j ■ ^y-f~h 9y 11r m \tMP I,I i^\'^S'VI I i. • ^-i.2 ? 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'-»-. ■ -;^ •?- •■ 1^ . ■• If;' - ■ rr.i *A '7-.t*' /.a^ic^__iL S/^^ac^ i// A-tax-vfe.^7 .^3.^1.jtizi V/e,rr__________^ >< ."r\~ c-i _/ ^'UjT\f^:f y ✓?<a Uxi r4;._ <3y^ Zy. ■yfe y^^/gfr' Zo / //J*V»'I^ __UiliL__A^izeyn.gr4-i. 11 iuJ//- t I 7?i ir ^iefO ^ r-T11 ;77^ ! -^TejvT^a^ ^/j <^Oj3^ i OTTER TAIL COUNTY Fergus Falls, Minnesota )STATE OF MINNESOTA ) ss COUNTY OF OTTER TAIL 1, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 29th day of September 2022 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 Otter Tail Lake Association OTLPOA PO Box 21 Battle Lake MN 56515 Woodland Beach Resort Association, LLC PO Box 551 Wahpeton ND 58074 Roland Mann, Clerk Everts Township 27234 368"^ Ave Battle Lake MN 56515 City Clerk (if located within 2 miles of a city) None Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaqement@outlook.com - DONEn UJ Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Nea^Perham): Eagl^Tal ” LidaiJSi Little 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 Jd, 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: Little l^e & 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 Mb SbAf- l\jchhiiJHV) h jm fhjLj Jo U). //TU Board of Adjustment Members: Thomas (Tom) Lee. 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537 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 29, 2022 Extra BOA Members__ PC Member_____ Envelopes____31 TOTAL NOTICES TO PRINT____ I I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & BL Review 7Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy: Amy Busko 46 https:/fottertailmn.sharepoint.com/sites/LandResources/Sh Beach Resort Affidavit (56-242) 10-13-22.docx - J'-*- t /.*'j,,, „ , ;^-5^gv;3- ^r. Buffer Parcels Parcel No Name 1 Addr 1Name 2 Addr 2 Citv St ZiD 25000020010000 Ingvald O Barsness 18955 County Road 8 NW Brandon MN 56315 8311 25000020010002 Jergen Rowe 2105 30th Ave S Minneapolis MN 55406 1439 25000020011002 Trevor S & Patricia L Johnson 26512 State Highway 78 Battle Lake MN 56515 9150 25000020011005 Dirk Siems 38623 Wagon Trail Battle Lake MN 56515 9166 25000020011010 Dirk Siems 38623 Wagon Trail Battle Lake MN 56515 9166 25000020012000 Gareld B 8i Linda M Morical 27372 Cloverleaf Rd Battle Lake MN 56515 9169 Woodland Beach Resort Assn LLC25000020012001 Wahpeton ND 58074 0551PO Box 551 25000020012003 TrevorS8i Patricia LJohnson 26512 State Highway 78 Battle Lake MN 56515 9150 25000020012004 Fiskum Living Tst 10511 Forestview Cir N Champlin MN 55316 3042 25000020012005 Eli Pachel 1571Johnson Dr Moorhead MN 56560 7441 25000020012006 Paul M 8i Teresa D Tschakert PO Box 47 Kent MN 56553 0047 25000020012008 Harley & Lavonne Guenther 117 4th Ave NE Lidgerwood ND 58053 4113 Sherman S & Susan Q Wehlander25000020012009 2702 39th Ave S Fargo ND 58104 7027 25000020012010 Kenneth L Aldrich 4709 17th St N Fargo ND 58102 6301 25000020012011 Michael Allmaras 3802 Cherry St Unit F23 Grand Forks ND 58201 7616 25000020012012 Laurie M Stone 1412 Westmore Ave Wahpeton ND 58075 3721 25000020012013 Kevin T & Maristel S Conry 3134 Fox Hill Terr Edmond OK 73034 2339 25000020012014 Lisa Stevenson Allen 1568 Belmont Ave NW Shakopee MN 55379 7802 25000020012015 Trevor S & Patricia L Johnson 26512 State Highway 78 Battle Lake MN 56515 9150 25000020012016 Trevor S & Patricia L Johnson 26512 State Highway 78 Battle Lake MN 56515 9150 25000020012017 TrevorS & Patricia LJohnson 26512 State Highway 78 Battle Lake MN 56515 9150 25000020012021 Robert A Yaggie 2514 State Highway 210 Breckenridge MN 56520 9662 25000020012024 Emil M Madsen Et Al 26472 State Highway 78 Battle Lake MN 56515 9147 Thursday, Seotember 29. 2022 Paee 1 of 2 Parcel No Name 1 Addrl Addr 2 City St ZipName 2 25000020012025 Road 00 Clinton & Vynnette Perkins25000020012030 Minneapolis MN 55447 3553320 Inland Ln N 25000020012031 James Briks Family Lp Et Al Breckenridge MN 56520 10111027 Main St 25000020012907 Fiskum Living 1st Champlin MN 55316 304210511 Forestview Cir N 25000020013000 Gareld B & Linda M Morical 27372 Cloverleaf Rd Battle Lake MN 56515 9169 25000990606000 Duane & Jeanette Wahl Flankinson ND 58041 94388760 169th Ave SE 25000990607000 Benje C & Jill M Jensen Battle Lake MN 56515 916638551 Wagon Trail Loop 25000990608000 Trevor S & Patricia L Johnson Battle Lake MN 56515 915026512 State Flighway 78 25000990609000 Trevor 5 & Patricia L Johnson Battle Lake MN 56515 915026512 State Flighway 78 25000990610000 Dirk Siems Battle Lake MN 56515 916638623 Wagon Trail Loop 25000990704000 Nicholas J Nemmers 30 6th Ave SE Le Mars lA 51031 3718 25000990705000 James Briks Family Lp Et Al Breckenridge MN 56520 10111027 Main St 25000990706000 Clinton & Vynnette Perkins Minneapolis MN 55447 3553320 Inland Ln N 25000990707000 Breckenridge MN 56520 9436Wiertzema Tst 2534 380th St Clinton & Vynnette Perkins25000990803000 320 Inland Ln N Minneapolis MN 55447 3553 25000990804000 James Briks Family Lp Et Al Breckenridge MN 56520 10111027 Main St 25000991201000 Eugene B lii & Kristi Floersch Battle Lake MN 56515 914726461 State Highway 78 25000991202000 Eugene B lii & Kristi Floersch Battle Lake MN 56515 914726461 State Highway 78 25000991203000 Denise Floersch Tst Battle Lake MN 56515 914726461 State Highway 78 25000991204000 Scott L Fossen Breckenridge MN 56520 1616330 10th St N Battle Lake MN 56515 914725000991205000Jessica A Krueger Et Al 26461 State Highway 78 25000991206000 Florence AZ 85132 6829Dean KJensen 7020 Patriot Way W 25000991207000 Dean K Jensen Florence AZ 85132 68297020 Patriot Way W Thomas Bch Homeowners Assn Inc25000991208000 Battle Lake MN 56515 914726455 5tate Highway 78 Thursdav, September 29. 2022 Paee 2 of 2 ___^wm - -'-rBuffer Mail City, State, Zip Fargo ND 58102 6301 Address i Address 2Name Kenneth L Aldrich 4709 17th St N Lisa Stevenson Allen 1568 Belmont Ave NW Shakopee MN 55379 7802 Michael Allmaras 3802 Cherry St Unit F23 Grand Forks ND 58201 7616 Ingvald 0 Barsness 18955 County Road 8 NW Brandon MN 56315 8311 Kevin T & Maristel S Conry 3134 Fox Hill Terr Edmond OK 73034 2339 Denise Floersch Tst 26461 State Highway 78 Battle Lake MN 56515 9147 Emil M Madsen Et Al 26472 State Highway 78 Battle Lake MN 56515 9147 Fiskum Living Tst 10511 Forestview Cir N Champlin MN 55316 3042 Eugene B lii & Kristi Floersch 26461 State Highway 78 Battle Lake MN 56515 9147 Scott L Fosse n 330 10th St N Breckenridge MN 56520 1616 Harley & Lavonne Guenther 117 4th Ave NE Lidgerwood ND 58053 4113 James Briks Family Lp Et Al 1027 Main St Breckenridge MN 56520 1011 Benje C & Jill M Jensen 38551 Wagon Trail Loop Battle Lake MN 56515 9166 Dean KJensen Florence AZ 85132 68297020 Patriot Way W Jessica A Krueger Et Al 26461 State Highway 78 Battle Lake MN 56515 9147 Trevor S& Patricia L Johnson 26512 State Highway 78 Battle Lake MN 56515 9150 Gareld B & Linda M Morical 27372 Cloverleaf Rd Battle Lake MN 56515 9169 Nicholas J Nemmers 30 6th Ave SE Le Mars IA 51031 3718 Eli Pachel 1571 Johnson Dr Moorhead MN 56560 7441 Clinton & Vynnette Perkins 320 Inland Ln N Minneapolis MN 55447 3553 Thursday, September 29, 2022 Page 1 of 2 Address i City, State, ZipAddress 2Name Jergen Rowe 2105 30th AveS Minneapolis MN 55406 1439 Dirk Siems 38623 Wagon Trail Loop Battle Lake MN 56515 9166 Dirk Siems 38623 Wagon Trail Loop Battle Lake MN 56515 9166 Laurie M Stone 1412 Westmore Ave Wahpeton ND 58075 3721 Thomas Bch Homeowners Assn Inc 26455 State Highway 78 Battle Lake MN 56515 9147 Paul M & Teresa D Tschakert Kent MN 56553 0047PO Box 47 Duane & Jeanette Wahl 8760 169th Ave SE Hankinson ND 58041 9438 Sherman S & Susan Q Wehlander 2702 39th Ave S Fargo ND 58104 7027 Wiertzema Tst 2534 380th St Breckenridge MN 56520 9436 Woodland Beach Resort Assn LLC Wahpeton ND 58074 0551PO Box 551 Robert A Yaggie 2514 State Highway 210 Breckenridge MN 56520 9662 Thursday, September 29, 2022 Page 2 of 2 1 ;* Sewage tank integrity assessment formMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 i Subsurface Sewage Treatment' Systems (SSTS) Program Doc Type: Compliance and Enforcement Purpose: This form may be used to certify the compliance status of the sewage tank components of the SSTS. This form is not a complete SSTS inspection report, only a tank integrity assessment, and may only certifyj sewage tank compliance status when entirely completed and signed by a qualified professional. SSTS compliance inspection report forms can be found at: https://www.pca.state.mn.us/water/inspections. Instructions: This form may be completed, and signed, by a Designated Certified Individual (OCI) of a licensed SSTS inspection, maintenance, installation, or service provider business who personally conducts the necessary procedures to assess the compliance status of each sewage tank in the system. Only a licensed maintenance business is authorized|to pump the tank for assessment. A copy of this information should be submitted to the system owner and be maintained by the licensed SSTS business for a period of five (5) years from the assessment date. When this form is signed by a qualified certified professional, it becomes necessary supporting\documentation to an Existing System Compliance Inspection Report: Compliance inspection form - Existing system (wa-wwists4-31b1. This form can be found on the MPCA website at https://www.pca.state.mn.us/water/inspections. The information and certified statement on this form is required when existing septic tank compliance status is determined by an individual other than the SSTS Inspector that submits an inspection report. This form represents a third party assessment of SSTS component compliance and is allowable under Minn. R. 7082.0700, subp. 4(B)(1). This form is yalid for a period of three years beyond the signature date on this form unless a new evaluation is requested by the owner or owner's agent or is required according to local regulations. Additional Administrative Rule references for this activity can be found at Minn. R. 7082.0700, subp. 4(B),(C), and (D) and; Minn. R. 7083.0730(C). I ! Owner information Owner/Representative Woodland Beach Resort Assn LLC/ Justin Ameson Property address: 26477 State Highway 78_________________________ Local Regulatory Authority: OTWMD_____________________________Parcel 10:25000020012001 System status System status on date (mm/dd/yyyy): 5/2/2022______ I / |Certificate of sewage tank compliance I I Notice of sewage tank non-compliance Compliance criteria: The SSTS has a seepage pit, cesspool, drywell, leaching pit, or other pit - “Failure to Protect Groundwater.”[j^Yes* [/Jjo The SSTS has a sewage tank that leaks below the designed operating depth - “Failure to Protect Groundwater.”I |Yes* [7Jlo The SSTS presents a threat to public safety by reason of structurally unsound (damaged, cracked, or weak) maintenance hole cover(s) or lids or any other unsafe condition - “Imminent Threat to Public Health or Safety.” □ves-mNo Any “yes” answer above indicates sewage tank non-compliance. Company information Company name: Hawes Pumping Business license number: 3466 / personally conducted the work described above as a Designated Certified Individual of a Minnesota-licensed SSTS inspection, maintenance, installation, or service provider Business. I personally conducted the necessary\procedures to assess the compliance status of each sewage tank in this SSTS. By typing/signing my name below, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this form. Designated Certified Individual (DCI) information Print name: Tyler Scheidecker____________________ Certification number: 9352 Date (mm/dd/yyyy): 7/13/22Designated Certified Individual’s signature: Tyler Scheidecker (This document has been electronically signed.) Use your preferred relay service651-296-6300 Available in aiternative formats Page 1 of 1 800-657-3864www.pca.state.mn.us wq-wwists4-91 • 5/10/21 Parcel Number: 25000020012001 Date & Initial: 7/13/22______AK System Drawing The system drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all septic/holding/llft 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). Additional Comments: Page 2 of 2Excel/Compliance Form for OTC 4/14/2017 5. Soil separation - Compliance component #5 of 5 D11/2/04Date of installation nknown (mm/dd/yyyy) Shoreland/Wellhead protection/Food beverage lodging? No Attached supporting documentation: I / I Soil observation logs completed for the report (Attach) Two previous verifications of required vertical —I separation (Attach) Not applicable (No soil treatment area) Compliance criteria (select one):___________________ 5a. For systems built prior to April 1, 1996, I IVes BMo* and not located in Shoreland or Wellhead I—I '------1 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. □ gres|^o‘5b. Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* Indicate depths or elevations 18A. Bottom of distribution media 49B. Periodically saturated soil/bedrock 31C. System separation 36D. Required compliance separation* *May be reduced up to 15 percent if allowed by Local Ordinance. *15% compaction rate used5c. “Experimental", “Other”, or “Performance'^ lYes systems built under pre-2008 Rules; I—I I-----1No* 0-2 10YR 3/2 TopsoilType 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. 2-19 10YR 4/4 Med Sand 19-38 10YR 5/4 Med Sand 38-49 10YR 5/3 Med Sand *Any "no” answer above indicates the system is failing to protect groundwater. Describe verification methods and resuits: 49 10YR 5/1 Med Sand Wet 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 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. hRps://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available In alternative formats Page 4 of 4 651-296-6300 800-657-3864 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? ^^Yes* |no I [unknown 3b. other issues (electricalhazards, etc.) to immediately and adversely impact public health or safety?[p^es* |^Jo^jui *Yes to 3a or 3b - System is an imminent threat to pubiic health and safety. 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? *Yes to 3c or 3d - System is failing to protect groundwater. Describe verification methods and results: nknown [|/^oy'es* HnoYes* Attached supporting documentation | Not applicable | | 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 [^Not applicable ~~|\lo If “yes”, A below Is required Is the system required to employ a Nitrogen BMP specified in the system design? 7es ^N6 If “yes”, B below Is required BMP = Best Management Practlce(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 properly functioning? Any “no” answer indicates noncompliance. Describe verification methods and results: Is the system operated under an Operating Permit?Yes Attached supporting documentation: | [operating permit (Attach) | | Use your preferred relay service. • Available in alternative formats Page 3 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 800-657-3864651-296-6300 jt . 1. Impact on public health - Compliance component #1 of 5 Compliance criteria:Attached supporting documentation: es* |^|noSystem discharges sewage to the ground surface other: Not applicable |Yes* D System discharges sewage to drain tile or surface waters. 0 System causes sewage backup into dwelling or establishment.________ es*o Any “yes" answer above indicates the system is an imminent threat to public health and safety. Describe verification methods and resuits: 2. Tank integrity - Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: I jPumped at time of inspection Name of maintenance business: res' / MoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit?_________________ □verSewage tank(s) leak below their designed operating depth? License number of maintenance business: Date of maintenance: I / [Existing tank integrity assessment (Attach) 5/2/22 o Date of maintenance (mm/dd/yyyy):(must be within three years)If yes, which sewage tank(s) leaks: (See form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) ___Tank is Noncompliant (pumping not necessary - explain below) other: Any “yes” answer above indicates the system is failing to protect groundwater. Describe verification methods and resuits: https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 Use your preferred relay service • Available in alternative formats Page 2 of A Compliance inspection report formMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 rni Existing Subsurface Sewage Treatment System (SSTS) , Doc Type: Compliance and Enforcement‘i Instructions: Inspection results based on Minnesota Pollution Control Agency (MRCA) requirements and attached supportirig documentation - additional local requirements may also apply. Further Information can be found here: httDs://www.Dca.state.mn.us/sites/default/files/wq-wwists4-31a.pdf. Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of final determiriation of compliance or noncompliance. Property information Local tracking number: , Parcel ID# or Sec/Twp/Range: 25000020012001 Property address: 26477 State Highway 78 Owner/representative: Woodland Beach Resort Assn LLC/ Justin Arneson Local regulatory authority: OTWMD 218-548-7400 Owner’s phone: Justin:218-770^2714 Brief system description: 2-750 gallon septic tanks and a 1500 gallon septic tank to 1000 gallon lift to 500 sq ft pressure bed System status System status on date (mm/dd/yyyy): 7/13/22 [ / [compliant - Certificate of compliance* (Valid for 3 years from report date unless.evidence of an imminent threat to pubiic heaith or safety requiring removai and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Locai Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Raa&on(s) for noncompliance (check all applicable) __ympact on public health (Compliance component #1) - imminent threat to pubiic heaith and safety [Tank integrity (Compliance component #2) - Failing to protect groundwater I [Other Compliarice Conditions (Compliance component #3) - Imminent threat to pubiic health and safety —I Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater __System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater Soil separation (Compliance component #5) - Falling to protect groundwater Dperating permit/monitorihg plan requirements (Compliance component #4) - Noncompliant - local ordinance applies comments or recomrhendat|ons OTWMD Active Maintenance System System by Bath House by Highway 78 I [Noncompliant - 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 failing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. Certification V . / hereby certify that all the necessary information has been gathered to determine the comfjliaiice status of this-systerfi. 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 ihfomnatioh can be used for the purpose of processing this form. Business name: Otter Tail Water Management District ■ ■ '.I -. I iCertification number: 9477 .. License nurfiber: OTWMDInspector signature: Alex Kvidt (This document has been electronically signed).Phone: 218-548-7400 •■I Necessary or locally required supporting documentation (must be attached) I |Tank Integrity Assessment | jOperating PermitI ^ |-Ocally required formsSoil observation logs Other information (list): Use your preferred relay service • Available in alternative formats Page 1 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 ' • $6308 yiy Ul Umh forfAmy Busko Matthew Yavarow Monday, October 3, 2022 11:05 AM Amy Busko Chris LeClair Board of Adjustments - October 13th Meeting From: Sent: To: Cc: Subject: Amy, The Highway Department has reviewed the variance requests for the October 13, 2022 meeting and have no comments. Thanks, Matthew Yavarow, PE Asst. County Engineer Highway Department 505 South Court Street, Suite 1 Fergus Falls, MN 56537-2757 Direct 218-998-8497 | Office 218-998-8470 ottertailcountymn.us OTTER TAIL COUNI Y - MINNtSOIA Confidentiality Notice: The unauthorized disclosure or interception of e-mail Is a Federal Crime. See 18 U.S.C Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended reciplent(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mall and destroy all copies of the original message. 1 980257 No delinquent taxes and transfer entered; Certificate of Real Estate Value filed () not required OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that q«0257. this Instrument #---------------------was filed/recorded inthls officefor recpml orvthe-X?-day of vVuJU. 2QP5 atiC^a^pm ilf^ounty ^porder Certificate of Real Estate Value No.__079199i2La323-.20__ WmWendjM by:*^ecofdlng»tre CuO^ well certHlcateULCounty Auditor Aby. Deputy Warranty Deed (individual to individual) WARRANTY DEED STATE DEED TAX DUE HEREON: $3,694.88 Date: IS,.ICO5” FOR VALUABLE CONSIDERATION, Eugene B. Floersch and Denise A. Floersch, husband and wife, Grantors, hereby convey and warrant to Woodland Beach Resort Association, LLC, a limited liability company under the laws of the State of Minnesota, Grantee, real property in Otter Tail County, Minnesota, described as follows: All of the part of the East 900 feet of Government Lot Three (3) in Section Two (2), Township One Hundred Thirty-three (133) North, Range Forty (40) West, Otter Tail County, Minnesota, described as follows:^5' oca Oa-OOiVOOl Beginning at the Southeast corner of said Government Lot Three (3); thence South 89 °56’04" West 100 feet along the South line of Government Lot Three (3) of the point of beginning: thence due North 300 feet; thence due West 350 feet; thence North 157 feet; thence North 89°29'31" West 80.01 feet; thence North 286 feet more or less to the waters edge of Otter Tail Lake; thence westerly along the lake approximately 350 feet to a line running South parallel with and 815 feet West from the East line of said Government Lot Three (3); thence South along last said line 740 feet more or less to the South line of Government Lot Three (3); thence easterly 715 feet along said South line to the point of beginning. The within described tract being subject to highway right-of- way easements and pole line easements as existing records indicate. The afore-named grantors grant to the grantees an easement for ingress and egress, the described center line of said easement or road is as follows: That part of the East 900.00 feet of Government Lot Three (3) in Section Two (2), Township One Hundred Thirty-three (133) North, Range Forty (40) West, Otter Tail County, Minnesota, described as follows: Beginning at the Southeast comer of said Government Lot Three (3); thence North 350.00 feet along the East line of Government Lot Three (3)tothe center line of said road, easement or right of way; thence North 67°20'00" West 212.00 feet along said road center line; thence North 77°35'00" West 204.50 feet along said road center line; thence North 89°35'00" West 154.70 feet more or less along the road center line to a line running parallel with and 550.00 feet West from the East line of said GovemmentLotThree(3)and there terminating. The said road or easement for ingress and egress is two rods wide. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservations of record, if any. Eugei^B. Fioersch Denise A. Fioersch STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this day of ■ 20<15^ ■ by Eugene B. Fioersch and Denise A. Fioersch, husband and wife.0i4w Grantors. Notary Public Tax Statements for the real property described in this instrument should be sent .to: Woodland Beach Resort Association, LLC THIS INSTRUMENT WAS DRAFTED BY: SVINGEN, HAGSTROM, KARKELA, CLINE & DIRKS, PLLP 450 West Main P.O. Box 160 Perham, MN 56573 (218) 346-4995 (TAK/tm) ‘