HomeMy WebLinkAbout20000110066001_Variances_05-12-2022r
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1276941Date Stamp
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
05/19/2022 11:58 AM
FEE; 46.00
PAGES 6
WELL CERTIFICATE REC’D: N|P>canrMf!t|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.us (W \OTTER TNil
Application Fee
Receipt Number 2 Cl I o II
Accepted by /.^ / 2-L) - I ^ 2 2Date
Property Owner
Name JOEL S & SHERRI J THOMSEN
Address 2404 CENTENIAL ROSE DR S
City FARGO
State ND
Zip 58104-6827
Daytime
Phone JOEL) 701-212-2068
Email JOELTHOMSEN@HOTMAlL.COM
Parcel Information
Lake No Lake Name Lake Class qq56032800LITTLE MCDONALD
Parcel Number(s)20000110066001
Parcel Number(s)/l^lTownship Name SectionEDNA 11
Legal Description 32 AC
PT SUB LOT A OF GL 5 N OF C.S.A.H. #34
Physical Address 37989 CO HWY 34 PERHAM, MN 56573
TYPE OF VARIANCE REQUESTED (Please Check)
□structure
Setback □□0 Structure Size SubdivisionSewage System
□□ □
Cluster WECS Miscellaneous
Version Date: 04/07/2020
1
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: ^+ C ''.\i t
/-tt.u I [\i V. M. t:: s
Proposing to replace the existing 11' x 26' 3-Season Porch and the existing 8' x 26' Deck above
with a 12' X 26' 4-Season Porch having a 12' x 26' Deck above being 50' from OHWL. Also
proposing to add a 6' x 18' addition to the dwelling being 67' from OHWL.
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, 2021, 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 OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTAa LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
9 jvA*iSIGNATURE OF PROPERTY OWNER/AGElllT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
\ t\Date of Hearing Time ijf’.oo ptvn
Joel & Sherri Thomsen -Variance Application Approved with Modification (6:33 p.m.)
After consideration and discussion, Rick West made a motion, seconded by Terry Marthaler, and carried to approve the
variance request to construct a 6’ x 18’ addition to dwelling being 67 feet from the ordinary high-water level and
construct an 11’ x 26’ 4-season porch with a 11’ x 26’ deck above the 4-sesaon porch being 50 feet from the ordinary
high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have
been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5)
years from the date of approval. The expiration date of this variance approval is May 12, 2027.
JL
' Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management A NoYes
Note: If Yes, contact Land & Resource Management
AmjCopy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR 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:Joel & Sherri Thomsen
Address/Parcel No. 37989 Co Hwy 34 / 20000110066001
Requested Variance: Proposing to replace the existing 11' x 26' 3-Season Porch and the existing 8' x 26' Deck above with a
12' X 26' 4-Season Porch having a 12' x 26' Deck above being 50' from OHWL. Also proposing to add a
6' X 18' addition to the dwelling being 67' from OHWL.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 4 A.
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: Wants to make updates to the property and increase the size by a foot.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The Land Use Ordinance allows 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...
j No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The proposed improvements are minimal expansions to the existing structure.
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:
The lot was created prior to an zoning regulations established in 1971.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar structures in the neighborhood with similar setbacks.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The addition is a minimal expansion to an existing non-conforming structure and the lot is a substandard lot.
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: May 12, 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.
1239171
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
06/18/2020 02:19 PM
FEE: 96.00
PAGES 2
WELL CERTIFICATE REC'D: Y
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
§ filed ( ) not required,
s Certificate of Real Estate Value No. f I O^Oas
" :Trw n ‘ ‘
ORerTail County Auditornreasurer
in
r-
.(YEAft)
K)
CD
^0 OOo 7i 00(a(/> 001
^ Deputy
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX S
NUMBERr^^crtat • o|
DATETT^
WARRANTY DEED
DEED TAX: S DATE:
E-CRV No.:
FOR VALUABLE CONSIDERATION, William J Ellingson and Deanna J Ellingson, husband
and wife, Grantors, hereby convey and warrant to Joel S Thomsen and Sherri J Thomsen,
Grantees, as joint tenants and not tenants in common, real property in the County of Otter
Tail, Minnesota, legally described as follows:
That part of Sublot A of Government Lot Five of Section Eleven, Township One Hundred
Thirty-six, Range Forty, lying North of County State Aid Highway No. 34 as now sun/eyed and
platted. Otter Tail County, Minnesota
Check here if all or part of the described real property is Registered (Torrens) □
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions:
eck applicable box:
|The Seller certifies that the Seller does not know of any wells on the described real
property.
well disclosure certificate accompanies this document or has been electronically filed. (If
' electronically filed, insert WDC number:
□ I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property have not changed since the last previously
filed well disclosure certificate.
2441S8Page 1 of 2
Otter Tail County, Minnesota 1239171 1 of 2
Page 2 of 2 244158
WITNESS, the hands of the Grantors.
William J Ellingson
naJEllingso^ O□earn
rev-
STATE OF NORTH DAKOTA i
COUNTY OF CASS
On this \'Z^ day of
appeared William J Ellingson and Deanna J Ellingson, husband and wife, known to me to be
the persons who are described in, and who executed the within and foregoing instrument and
severally acknowledged that they executed the same. / /
2020, before me personally-r 1
■j
• ^iian<P<i rfTtiJ KRISTI KRAFTj Notory Public\ State of North Dakota ^ My CornrHissten Expires July 4,2023 Notary Public U
My Commission expires:
TAX STATEMENTS FOR THE REAL
PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO;
JoelS Thomsen and Sherri J Thomsen
2404 Centennial Rose Dr S,
Fargo, ND 58104
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
Wheeler McCartney, P.C.
35 4th St N, Suite;! 02
Fargo, ND 58102
. V
■ I,'
otter Tail County, Minnesota 1239171 2 ,of 2
Christopher & Bridgette Holl - Continued
After consideration and discussion, Thomas Lee made a motion, seconded by Darren Newville, and carried with Rick West voting no
to approve the variance as requested to install a drainfield 40 feet from the ordinary high-water level, 12 feet from the neighboring
house to the west and add an addition to the dwelling being 8 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 finding have been attached to and incorporated as an
official part of the minutes w hich 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 May 12, 2027.
Joel & Sherri Thomsen -Variance Application Approved with Modification (6:33 p.m.)
Joel & Sherri Thomsen, Pt Sub Lot 1 of GL 5 N of CSAH 34, Little McDonald Lake (56-328) in Edna Township requested the
following: Proposing to replace the existing 11’ x 26’ 3-Season Porch and the existing 8’ x 26’ Deck above with a 12’ x 26’ 4-Season
Porch having a 12’ x 26’ Deck above being 50’ from OFIWL. Also proposing to add a 6’ x 18’ addition to the dwelling being 67’ from
OHWL.
Joel Thomsen, property owner, and Jay Weir, Whispering Log Homes represented the variance application. The audience was polled
no one speaking for or against the variance as requested.
After consideration and discussion, Rick West made a motion, seconded by Terry Marthaler, and carried to approve the variance
request to construct a 6’ x 18’ addition to dw elling being 67 feet from the ordinary high-w ater level and construct an 11’ x 26’ 4-
season porch w ith a 11’ x 26’ deck above the 4-sesaon porch being 50 feet from the ordinary high-w ater level. This decision is 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 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 May 12,
2027.
Brian Aksamit -Variance Application Denied (6:45 p.m.)
Brian Aksamit, Pt of GL 5 Com NE Cor GL 5, S 500’. N 69 Deg W 887’ to LK NEly alg Lk 317’, Unnamed Lake (56-997) in Oscar
Township requested the following: Requesting a variance to place a 40’ x 100’ dwelling at 100’ from OHWL, required setback is
200’. An old camper currently sits about 50’ from OHWL and lake classification used to be General Development, which only
required a 75' setback from OHWL. Site currently does not have any structures serviced by a septic system.
Brian & Cari Aksamit, propeiTy owner, represented the variance application. The audience w as polled no one speaking for or against
the variance as requested. An email submitted from Julie Aadland in opposition to the variance request was submitted and read for the
record.
After consideration and discussion, David Trites made a motion, seconded by Darren New ville, and carried to deny the variance as
requested as there is room on the property to meet the setback requirements of the Shoreland Management Ordinance. This decision is
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.
Tony Wulfekuhle - Variance Application Approved w ith Condition (6:53 p.m.)
Tony Wulfchuhle. Lot 2 & Ely 25' of Lot 3 of Segar Beach. Otter Tail Lake (56-242) in Everts Tow nship requested the follow ing: We
are proposing to construct a nev\ dwelling on our property. Proposing to have our coxered porch be 14'2" from the road right of way
and the structure to be approximately 8' from the septic tank.
Tony & Jenny \\ ulfehuhle. property ow ners, represented the \ariance application. 1 he audience was polled w ith no one speaking for
or against this application. An email was sent from Craig Thomson in opposition to the variance request w ith concerns about snow
removal and the setback to the road. An email was also received from Alex Kvidt, Otter Tail Water Management District (OTWMD)
indicating the OfWMD has no objection to this variance request.
After consideration and discussion. J em Marthaler made a motion, seconded by Rick West, and carried to approve the variance
request to construct a new dw elling with the covered porch being 14’2” from the road right of w ay w ith the condition that the dwelling
is 9 feet from the septic tank. This decision is 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 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 May 12, 2027.
Page I 2 Board of Adjustment
May 12,2022
STAFF REPORT
APPLICANT: Joel & Sherri Thomsen
37989 Co. Hwy 34, Perham, MN 56573, 20000110066001, Edna TwpLOCATION:
LAKE NAME/NUMBER/CLASS: Little McDonald Lake, 56032800, General Development
APPLICATION: Proposing to replace the existing 11' x 26' 3-Season Porch and the existing 8' x 26' Deck
above with a 12' x 26' 4-Season Porch having a 12' x 26' Deck above being 50' from
OHWL. Also proposing to add a 6' x 18' addition to the dwelling being 67' from OHWL.
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County Visit the County Website
37989 CO KWY 34
Show search results for 37989
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 3, Subp. 14
All legally established nonconformities as of October 15,1971 may continue. Except as otherwise
set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as
allowed and set forth in Minnesota Statute §394.36
All additions or expansions to the outside dimensions of an existing nonconforming structure must
meet the setback, height, and other requirements of this ordinance. Any deviation from these
requirements must be authorized by a variance.
Improvements to nonconforming structures not requiring a variance, include, but are not limited
to, the following:
1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does
not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed
peaked roof for a non-conforming structure beyond a 4:12 would be considered an
expansion and would require a variance.
2) Installing rails on a patio in which the total height is less than 36" in height as measured from
the ground.
3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36
inches and to not allow the overall building height to exceed maximum height restrictions.
A non-conforming use is any continuous use of land established before the effective date of a
County or local Ordinance which does not conform to the use restrictions of a particular zoning
district. This should not be confused with substandard dimensions of a conforming use.
A prohibited non-conforming use may not be expanded or improved.
If any non-conformity or occupancy is discontinued for a period of more than one year, any
subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
A.
B.
C.
D.
E.
F.
Minnesota Statute, 394.36
Subp. 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. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
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:
Joel & Sherri Thomsen
2404 Centenial Rose Dr. S.
Fargo ND 58104-6827
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, May 12, 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 landra)co.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
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. - 20000110066001
Pt Sub Lot A of GL 5 N of CSAH 34
Section 11, Township 136, Range 40
Township Name - Edna
Little McDonald Lake (56-328), General Development (GD)
37989 Co Hwy 34, Perham MN 56573
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Proposing to replace the existing 11' x 26' 3-Season Porch and the existing 8' x 26' Deck above with a
12' X 26' 4-Season Porch having a 12' x 26' Deck above being 50' from OHWL. Also proposing to add a
6' X 18' addition to the dwelling being 67' from OHWL.
April 28, 2022 A/m Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
Property Address 37Q89 CO HWY 34 PerhaiD, MN 20000110066001PIN
Property Area (from GIS or Survey):Square Footage of Lot
Acres x 43,560.67 Acres A1 29101Acres
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X .20 >0.200000000(ft^A2 7275.25 A3
List ALL proposed structure footprint areas List ALL proposed other Impervious surfaces
Total Impervious Surface
Description Area Description Area
Total Existing Impervious*
Other from Page 1
Total Existing Building
Impervious from Page 1 1058 3213 feB1C1
Total Proposed Building Impervious 1346288eF1Dwelling and Attached Garage Driveway/Partcing area(s)
Total Proposed Impervious- Other 3213G1Detached Garage Patio/Sidewalk
Total Proposed Impervious Surface
F1 +G1________________
4559feH1Shed(s)Retaining wall(s)
Total Proposed Percent Impervious
(HH-AI)x 100
15.67%fF 11LandscapingMiscellaneous
Recreational Camping Unit Deck(s)
Allowable Area Remaining A2 2716.25H1
fp fpWater Oriented Accessory Structure Other
32131346 ft^G1FITotal Impervious-OtherTotal Impervious-Buildings
Percent Building Impervious
(FI tA1)x 100 4.63%
Allowable Building Area Remaining
A3* FI 4,474.20
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agricultral, Urban,Tributary River) c 4 75 ft (Transition River) ^ '
100fl(NE Lakes)
37.5 ftLake Classification General Developm
Shore Impact Zone Area
S1 xS2 0S2 S3 fF0ftAverage lot width in the Shore Impact Zone)
Total Area Allowed for Impervious Surface S3X.15 S4 0 fF
List all proposed structure footprint areas List all proposed other impervious surfaces
Total Proposed Impervious Surface
Description Area Description Area
Total Existing Impervious*
Other (Pg 1)
Total Existing Building
Impervious (Pg 1)0 ft"0S6 ft"S5
0ft"ft"S8 ft"Building(s)Patio/Sidewalk Proposed Buildings
0 ft"ft"ft"S9Deck(s)Proposed Other
Total Impervious Surface
S8 + S9
0 ft"ft"ft"S10Landscaping/Retaining wall(s)
Total SIZ Percent Impervious
(S10 + S3)x100 0.00%ft" ft"Driveway/Parking erea(s)
ft" ft"Micellaneous 0Allowable Area Remaining S4-S10 ft"
ft"fp
0S80ft"S9 ft"Total Impervious-OtherTotal Impervious-Buildings 7/1/2021
H- \2-Xl
Signature DatePrinted Name
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
OTTER TAIL Page 1
COUNTY • WNMCSOTA
20000110066001prbpertyAddress 37989 CO HWY 34 Perham, MN ' PIN
Property Area (from CIS or Survey):Square Footage of Lot
Acres x 43,560.67 Acres A1 29101Acres
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X .20 20.200000000Cft^7275.25 A3A2
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Totai impervious Surface
Description AreaAreaDescription
,10581829962 ft^B1Driveway/Parking area(s)Dwelling and Attached Garage Total Impervious-Buildings
3213ft^-,C1ft^Patio/SidewalkDetached Garage Total Impervious-Other
Total Impervious Surface
B1 +C1 427196ft^D1ft^Retaining wall(s).Shed(s)
Total Percent Impervious (D1+A1)x100 14.68%944 ft^E1ft^LandscapingMiscellaneous
440 ft"3004.25ft^Deck(s)Recreational Camping Unit Allowable Total Area Remaining A2-D1 ft"
ft"feWater Oriented Accessory Structure Other:
3213 ft"1058 ft"Project being requested:Total ImperviouS'Buildings C1B1Total Impervious-Other[
Accessory structures less than or equal to 120 sq ft
_ without a permit. This exemption only applies to items. I—I not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 +A1)x 100
Reviewed by L&R Int: Date:B2 3.64%
□ El Greater than 15% Exemption Not Allowed
□ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This
(~~| exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1 4,762,20 ft"B3
j.
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/ Agriculture, Urban,Tributary Rivers)
75 ft (Transition River)
100 ft (NE Lakes)
37.5 ftS1General DevelopmentLake Classification
i ,Shore Impact Zone Area S1xS2 ■ ft"S3 0S20ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface S3X.15 ft"S4 0
List all structure footprints in the Shore Impact Zone List ail other impervious surfaces In the Shore Impact Zone
Total Impervious SurfaceoAreaDescriptionAreaDescription.
fr" .S5:ft"0ft^Patio/SidewalkBuilding(s)Buildings
0 ft^•S6ft"ft^Deck(s)Other
Total Impervious Surface
S5 + S6
ft"S7 0ft"ft"Landscaping/retainging wall(s)
t
Total Percent Impervious
(S7+ S3) X 100Driveway/Parking area(s)0.00%ft"ft"
ft"Miscellaneousft'
Allowable Area Remaining
S4 - S7
ft"0
ft"ft^
0 S6 0 ft"SIZ Total Impervious-Buildings 05 ft^SIZ Total Impervious-Other 7/V2021
I At..\rv Ok/
Printed Name
o vvV • i»-
DateSignature
f-.V
\ .V'*
Compliance Inspection FormMinnesota Pollution
, Control Agency
520 Lafayette Road North
SLPautMN 55155-4194
Existing Subsurface Sewage Treatment Systems (SSTS)
Doc Type: Compliance and Enforcement
For local tracking purposes;Inspection results based on Minnesota Pollution Controi 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): 8/20^019
Q Noncompliant - Notice of Noncompliance
(See Upgrade Requirements on page 3.)
[El 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)
O Impact on Public Health (Compliance Component #1) - Imminent threat to public health and safety
□ Other Compliance Conditions (Compliance Component #3) - Imminent threat to public health and safety
□ Tank Integrity (Compliance Component #2) - Failing to protect groundwater
□ Other Compliance Conditions (Compliance Component #3) - F&ling 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: 37989 Cty Hwy 34, Perham, MN 56573
Property owner William Ellingson__________________
Parcel ID# or Sec/Twp/Range; 20000110066001
Reason for inspection: County Request
Owner’s phone; ___________________
or
___Representative phone: ________________
___ Regulatory authority phone: 218-998-8095
Owner’s representative: _______________
Local regulatory authority: Ottertail County
Brief system description; 1000 gallon tank, gravity flow to 10 x 37 bed drainfield.
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; Phil Stoll______
Business name: Stoll Inspections
Inspector signature:___________
Certification number; 7526_______
License number 2982_______
Phone number 218-839-1849
Necessary or Locally Required Attachments
□ System/As-built drawing 13 Forms per local ordinance^ Soil boring logs
□ other information (list):
TTY 651-282-5332 or 800-657-3864651-296-630) • 800-657-3864 • Available in alternative formats
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Inspector initials/Date: PJS 1, 8/20/2019
(mm/dd/y^)
Property address; 37989 Cty, Hwy 34, Perham, MN 56573
1. Impact on Public: Health - Compliance component #1 of 5
Verification method(s):
S Searched for surface outlet
' ^ Searched for seeping in yard/backup in home
□ Yes I3 No □ Excessive ponding in soil system/D-boxes
--------------------^------- □ Homeowner testimony (See Comments/Explahalidn)
□ “Black soil” above soil dispersal system
□ System requires "emergency'' pumping
□ Performed dye test
□ Unable to verify (See Comments^xplanation)
□ Other methods not listed (See Comments/Explanation)
Compliance criteria:_____
System discharges sewage to the
ground surface.________________
□ Yes |3 No
System discharges sewage to drain
tile or surface waters.
□ Yes SNoSystem causes sevrage backup into
dwelling or establishment.
Any “yes” answer above indicates the
system is an imminent threat to pubiic
health and safety.
Comments/Explanation;'V
2. Tank Integrity - Compliance component #2 of 5,
Verification method(s):
□ Probed tank(s) bottom
S Examined construction records
□ Examined Tank Integrity Form (Attach)
□ Observed liquid level below operating depth
□ Examined empty (pumped) tanks(s)
□ Probed outside tank(s) for “black soil”
□ Unable to verify (See Comments/Explanat/or))
□ Other methods not listed (See Comments/Explanation)
Compliance criteria:
□ Yes S NoSystem consists of a seepage pit.
cesspool, drywell, or leaching pit.
Seepage pits meeting 7080.2550 may be
compliant if allowed in local ordinance.
□ Yes S NoSewage tank(s) leak below their
designed operating depth.
If yes, which sewage tank(s) leaks:
'i .
. I ■
Any “yes” answer above indicates the
system is failing tO;protect groundwater.
Cbmments/Expianation:
i
;3. Other Comptiance Conditions - Compliance component #3 of 5
a. Maintenance hole covers are damaged, cracked, unsecured,,or appear to be structurally unsound. DYes* * E No DUnknown
b. Overissues (e/ecfricaf bazanfe, efc.) to immediately and adversely impact public health or safety. DYes* ^ No □ Unknown
*System is an imminent threat to public health and safety.
Explain:
c. System is non-protective of ground water forother conditions as determined by inspector. □ Yes* I3 No
*System is failing to protect groundwater.
Explain:
651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats
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Property address: 37989 Cty Hwy 34, Perham, MN 56573 j___■ anspector initials/Date; PJS | 8^0/2019
(mm/dd/yyyy)
4. Soil Separation - Compliance component #4 of 5
Date of installation: 7/2/1986
(mm/dd/yyyy)
Shoreiand/Wellhead prbtection/Food beverage
lodging?
Compliance criteria:______________
□ Unknown Verification methocl(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.
IS Conducted soil observatioh(s) (Attach boring logs)
□ Two previous verifications (Mach boring logs)
□ Not applicable (Holding tank(s), no drainfield)
Q Unable to verify (See Comments/Explanation)
r~l Other (See Comments/Explanation)
S Yes □ No
□ Yes ■ □ Np •For systems built prior to April 1. 1996, and
not located in Shoreland or Wellhead
Protection Area or nof serving a food,
beverage or lodging establishment:
Drainfield has at least a lwo-fbot vertical
separation distance from periodically
saturated soil or bedrock.. ___6“
S'Yes Q NoNon-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.*
Comments/Explanation:
HZ'"
CkV>^j
□ Yes □No"Experimentar, "Other", or “Performance"
systems built under pre-20p8 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 sbil'or bedrock.
Indicate depths or elevations
A. Bottom of distribution media 26"
>62"B. Periodically saturated soil/bedrock
>36"C. System separation
36"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. ,
5. Operating Permit and Nitrogen BMP* - Gompliance component ^ of 5 lEI Not applicable
□ Yes □ No If “yes", A below is required
□ Yes □No If "yes", B below is required
Is the system operated under an Operating Permit?
Is the system required to employ a Nitrogen BMP?
BMP r Best Management Practice(s) specified in the system design
If the answer to bath questions is "no”, tiiis 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.
y
Upgrade Requirements (Minn. Stat. § 115.55) An imminent threat to fxjblic health and safety OTPHS) rriust be.upgraded, replaced, or its u^
d'scontinued withiri ten months of receipt of this notice or within a shorter period if required by local ordnance. 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.)/ an existing sysfern
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 iocal ordinance that is more strict. This provision d>es'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.
651-296-6300 • 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats .
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Parcel Number; ‘Z'CiX^llO^G^S/
Date & Initial: ~imSystem Drawing
The system dravving which Includes and identifies a graphic scale in feet or indicates all setback distances, all septic/holding/iift tanks,
drainfields, wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling stmctures. lot lines, road right-of-ways,
easements, OHWLs, wetlands, and topographic features Q.e. bluffs).
I
I
Additional Comments:
Page 2 of 2rxcel/Corr.pSance Form Tor OTC 4714/2017
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 28th day of April 2022 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment;
)
Property Owner Township Clerk Lake Association
Joel & Sherri Thomsen
2404 Centenial Dr. S.
Fargo ND 58104-6827
Echo Dockter, Clerk
Edna Township
PO Box 114
Dent MN 56528
Little McDonald Lake Association
See Below
City Clerk (if located within 2 miles of a city) None
<0 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Near Perham):
Eagle Lake:
Lida Lakes
UJ Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
Little Pine & Big Pine:
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537 Weiher Enterprises, Inc.
PO Box 99
Verndale MN 56481Board 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
Send notice here
Planning Commission Member: David Trites - 20944 Westwood Dr, Clitherall MN 56524
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: April 28, 2022
Extra 7Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members_
PC Member____
Envelopes____7
TOTAL NOTICES TO PRINT lA
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
5
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-328) 05-12-22.docx
lel
Buffer Parcels
Parcel No Addr 2 Citv St ZiDName 1
Cheryl Wiskow
Addr 1
38251 Wood Duck Loop
Name 2
Perham MN 56573 861220000110064803
State Of Minnesota Saint Paul MN 55155 404520000110065004Attn Tax Specialist PO Box 45
Edgewater Escape LLC 37600 County Highway 34 Perham MN 56573 861420000110066000
Joel S & Sherri J Thomsen Tst 2404 Centennial Rose Dr S Fargo ND 58104 682720000110066001
18 Lake Ct North Oaks MN 55127 620920000990604000Janet L Karvonen
Cheryl Wiskow Perham MN 56573 86122000099060500038251 Wood Duck Loop
Conrad J & Joyce E Mack New York Mills MN 56567 91362000099081600047998 County Highway 14
New York Mills MN 56567 9136Conrad J & Joyce E Mack20000990817000 47998 County Highway 14
Angela J Werner Perham MN 56573 008120000990910000PO Box 81
Friday. April 22. 2022 Page 1 of 1
Buffer Mail
Address i Address 2 City, State, ZipName
Edgewater Escape LLC 37600 County Highway 34 Perham MN 56573 8614
Joel S & Sherri J Thomsen Tst 2404 Centennial Rose Dr S Fargo ND 58104 6827
Janet L Karvonen 18 Lake Ct North Oaks MN 55127 6209
Conrad J & Joyce E Mack 47998 County Highway 14 New York Mills MN 56567 9136
State Of Minnesota Saint Paul MN 55155 4045PO Box 45
Angela J Werner Perham MN 56573 0081PO Box 81
Cheryl Wiskow 38251 Wood Duck Loop Perham MN 56573 8612
Friday, April 22, 2022 Page 1 of 1
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