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Home My WebLink About12000990470000_Variances_06-09-20221278157Date Stamp LYHN R LftRSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 06/15/2022 09:15 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: H • Cl I? f->•r- i:o o ■■ bcanvud IL&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 Appli^ion Fee oD_____y OmRTflil Receipt Number /T-2^Accepted by Date Property Owner Name KERRY K TOMLINSON ET AL Address 766 LA HUERTA S City GREEN VALLEY State AZ Zip 85614 Daytime Phone (502)289-4747 (Kelli Wegscheid, Local Contact: 218-251-0081) Email FireFlyGlow@mdn.com (kelli@harmoniousArchitecture.com) Parcel Information Lake Class QQLake NameLake No LITTLE PINE56014200 Parcel Number(s)12-000-99-0325-000 Parcel Number(s)12000990470000 Section 31Township Name Legal Description CORLISS LAKESHORE LOT: LOT 13 PLAT OF K.B. BEACH BACK LOT: LOT 1 BLOCK ONE, TOMLINSON OAKS 46869 BENNY LN PERHAM, MN 5657JPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) □□□structure Setback 0 SubdivisionStructure Size Sewage System □□□MisceilaneousClusterWECS 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:_______ Requesting a l)" variance from each side yard setback of 10' to construct a new dwelling 9'8" from each side property line. Past property information notes 50' property width, but Certified survey shows 49.68' width at road and 49.86' width near lake. Ill DISTRIC REQUIREMENTS Subpart 4. D: Additional Structure Setback 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 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) tTwru ^TimeDate of Hearing (o' Oo f 0-, Motion Kerry Tomlinson, Et Al - Variance Application Approved as Requested (6:45 p.ni.) After consideration and discussion, Thomas Lee made a motion seconded by Darren Newville and cairied to approve the variance as presented to construct a new dwelling bemg 9’8” from the North propert) line and 9’8” from the South property line. This decision is based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed and the Board’s findmg 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 \ ariance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is .lime 9, 2027. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 m Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TfliloeatTT«iatiioi« 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:Kerry K Tomlinson, Et Al Address/Parcel No. 46869 Benny Ln. / 12000990325000 & 12000990470000 Requested Variance: RequestinR a 4" variance from each side yard setback of 10' to construct a new dwelling 9'8" from each side property line. Past property information notes 50' property width, but Certified survey shows 49.68' width at road and 49.86' width near lake. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4 D. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: A survey was done which indicated that the lot is not exactly 50' which is what the plat indicates along with the county website. The property owners want to remove the existing dwelling with a year-round 30' wide new dwelling. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the officiai 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: This is an existing lot of record established prior to zoning regulations established in 1971. 2. Is the property owner proposing to use the property in a reasonabie 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: The request is due to the plat and Otter Tail County CIS Mapping system indicating that the property is 50' wide, which a survey was done and indicated that the lot Is 49.86' wide. 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 property owners thought that they had a 50' lot. 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 simiiar 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 shali consider if economics piayed a role in the request. The fact that coming into compiiance with the ordinance requirements may cost considerabiy more does not constitute a practicai 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 new survey that was completed indicated that the lot is not 50' as indicated on the Fiat. 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: June 9, 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. Susan Es\y -Variance Application Approved as Requested (6:19 p.m.) Susan Ewy, Lot 32 of Dee Lake Beach, Deer Lake (56-298) in Everts Township requested the following: Current dwelling has 5 ft. setback from east property line. Propose adding 16 ft. addition across the north side of the dwelling that would also have 5 ft. setback. Neighbors to east (Brian & Kim Melton) & west (Jeff & Eileen Hage) are supportive of approving variance. Addition that aligns with current dwelling walls and roofline would be aesthetically desirable. Slightly less than 'A current dwelling and current deck are located within the SIZ and slightly exceed the impervious surface limit of 15% (15.4%). Propose current deck removal & replace with smaller patio to decrease impervious surface in SIZ to 14.8%. Propose adding 'A story bonus room above addition & current dwelling. Addition going up would not add any sq.ft, to impervious surface. Total impervious surface with proposed addition would be 16.8%. The existing dwelling is 39’ at the closest point to the OHWL (verified by Land & Resource). Susan Ewy, property owner, represented the variance application. The audience was polled no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion seeonded by Rick West and carried to approve the variance as presented to construct an addition across the north side of dwelling and 14 story bonus room above the existing dwelling and proposed addition being 5’ from the east lotline and 39’ 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 June 9, 2027. Gary & Jill Grindle -Variance Application Tabled to July BOA Meeting (6:23 p.m.) Gary & Jill Grindle, Lot 1 Ex Platted & Lot 36 Blk 1 of Echo Ranch Riviera 7* Addition, Parcels not to be Split, Otter Tail River (56- OTR) in Otter Tail Township requested the following: Requesting variances from current ordinance river setback of 150’ from OHWL. On Gov’t Lot 1, remove existing substandard cabin, small shed & old concrete sidewalks equivalent to approx. 1010 sq. ft. & replace with a new, approx. 2100 sq. ft., one level dwelling at the same distance of approx. 22 ft. from the river channel as current cabin. Requesting setback variance on Lot 36 to build a approx. 2500 sq. ft. storage shed/workshop at 95 ft. from OHWL. Proposal includes removal of current old septic holding tank & installing an approved new code compliant drain field septic and also drilling a new deep well. These lots are permanently attached and were recorded prior to Oct. 15, 1971, the size, shape, and location of these parcels makes it impossible to conform to current shoreline setback standards. Gaiy & Jill Grindle, property owners, represented the variance application. The audience was polled w ith no one speaking for or against the variance as requested. An email submitted from Jacquie Schneewind indicating she has no objections to the variance request. After consideration and discussion. Darren Newville made a motion seconded by Rick West and carried with the applicant’s permission to table the request until the July 14, 2022, Board of Adjustment Meeting. Applicants will need to submit revised request by June 28, 2022. Kerry Tomlinson, Et Al - Variance Application Approved as Requested (6:45 p.m.) Keny Tomlinson. Lot 13 of K.B. Beach & Lot I Blk I of Tomlinson Oaks, Little Pine Lake (56-142) in Corliss Township requested the following: Requesting a 4" variance from each side \ard setback of 10' to construct a new dwelling 9'8" from each side property line. Past property infonnation notes 50' property w idth. but Certified survey shows 49.68' idtli at road and 49,86’ w idth near lake. Kerry fomlinson. property owner, and Kelli Wegschied. Harmonious Architecture represented the variance application, Nancy Bossert spoke in opposition to the variance lequest indicating that her proiterty vv ill be directly impacted. After consideration and discussion. I homtis Lee made a motion seconded by DaiTen New\ ille and carried to approve the variance as presented to construct a new dwelling being 9'8" from the North property line and 9'8" from the South property line. This decision is based on the Findings of Fact and Decision Form, w hich cojitains the criteria reviewed and the Board's finding have been attached to and incorporated as an official part of the mimites w hich hav e been placed on file w ith 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 June 9, 2027. Board of Adjustment June 9, 2022 Page I 2 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: Kerry K Tomlinson, Et Al 766 LA Huerta S Green Valley AZ 85614 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, June 9, 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 land(Sco.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. - 12000990325000 & 12000990470000 Lot 13 of K.B. Beach & Lot 1 BIk 1 of Tomlinson Oaks Section 31, Township 137, Range 38 Township Name - Corliss Lake Name/Number/Class:Little Pine Lake (56-142), General Development (GD) 46869 Benny Ln., Perham MN 56573Property Address: The variance requested is the following: Requesting a 4" variance from each side yard setback of 10' to construct a new dwelling 9'8" from each side property line. Past property information notes 50' property width, but Certified survey shows 49.68' width at road and 49.86' width near lake. . 1///I //;/.v/(^ Board of Adjustment Secretary May 26, 2022 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 1 uIDll “J g q; '-SC -1 u j lU *0 I- 8_ ^ X ^ I VP 13 IMPERVIOUS SURFACE: IEXISTING SHED NEW CABIN NEW PATIOS NEW PARKING 216 SF 1,550 SF 250 SF 400 SF INFORMATION GATHERED FROM COMPASS CONSULTANTS CERTIFICATE OF SURVEY DRAWING NUMBER SRV-21-0207. NOT INTENDED TO BE A CERTIFIED SURVEY i'2D9) < -s I 2,416 SF 11,528 SF 20.96%LOT AREA PER SURVEY: TOTAL COVERAGE:n5 a a CO o CNCM ^CO190.25' N86°^6';E _OUTLINE OF EXIST. CABIN TO REMOVE^ir- m Q uj z \uu lu\NATURAL GAS LINE-------- '®' ®—proiSt sepcc tanks in shrubs ..-COHflRM QICTWCAL BOX l/ AND OVERHEAD LINE THAT Cf^OSSES LOT >-------- — n39'+' paRRing\^ A CO U4 :z:EXIST. MOUND I SYSTEM REMAIN ROTECTIK/SNOIIFENCE* I75-0’2LExist:5 NEW TOto u^< •CDSHECL20'-Q”UU COZ \ 1 J'cO ;07 Q.<mt£2 XLMcOiCPliJ z UJ gmS<5 UJ z CO _Jj CQ El 1^.23’ N86°23’44"E-=r AI44’+/ -CONRRM SAVE TREE ON LOT UNE r 071 CDI00 CD•sroPROPOSED SITE PLAN N 1:30' CERTIFICATE OF SURVEY' f . T^i37N, LOT 13 PLAT OF K.B. BEACH LOT 1, BLOCK ONE, TOMLINSON OAKS OTTER TAIL COUNTY, MINNESOTA \I..OT 9\VPoi \ pi- \\LOT iO /\\i /\IL' 3T ' LL' S S ' /1..0T ii / /70 0‘>I 12.. til'1 >>C 'o>232±mNRB'20’16”E r1 N84‘57’15"E r^'To^u)l^'^Emm------- r- easement gt>« I lot 1 “'m'wwl !S.5S7S.F. 1 !°= ' — f, IV — V;j190.25 LOT 13 11,528 S.F.190.23 CD pi i' 2 1 4»-39± i^TTiON 3! K N05-34’52”f >"•59.61 iDi rn oo\ % VUVV: ■■;•.:• 44± ^C;234±Z rn I N86*23’44”E 3I c:;' ;T .5' UTILITY .E^EJFNT, '—I—f" - — 0 60 120 n 1 ORIENTATION OF THIS BEARING SYSTEM IS ASSUMED r.o---—^187.00 N85*40 49 E; ,-.-1::__Ei-1----- ------------ !“T7 : ■■■■■■' I LEGENDo> FOUND IRON SET REBAR CAP 50732 PROPERTY LINE ADJOINING OWNER LINES PLATTED UTILITY EASEMENT I...0T 2I o\ILd I O 1 o••••. > fur CNl --------Tg Ct NOTES\ This survey was completed without the benefit of a title opinion or title commitment. o:...0T i?I \L.OT 3 ....:to I •<38W.--------1 r;:I \CERTIFICATIONiX: y)'T_j8________I I hereby certify that this survey, plan, or report was prepared by me or^nder my direct supervision and that I am duly Licensed Land^ur^yor^der the laws of the state of Minnesota.\ compassconsultants inc. Perham, MN 218-347-3620 TrustCompass.com \ Tlack Rosenthal, PLS, 50732 Date PAGE 1 OF 1 SRV-2i-0207 KERRY TOMLINSON W‘-v>.A ;. i e i •\ ^ >i::: ' -e'.vfey,;. ^ '•* ' OJ \ r-'> : i '- : ■■)’I /'I . ^ 1?!,- i*. W' ■■■•'—■''-'S’•'■ ■ cc'f •:'7\ 1 #*'IIII *'I f '^:r Cr .It' V- ■4^ {!|i*. K. B.beach plu H-tJ I ^ to ('(Li J bu.', Iy I l^ii ! otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 Prop^ivAddress 46869 BENNY LN PERHAM MN p'" 12-000-99-0325-000 Property Area (from GIS or Survey);Square Footage of Lot Acres x 43,560.26 teA1Acres11528 Total Area Allowed for Impervious Surtace A1 X .25 Total Area Alowed for Buidings A1 X.20A2ft^2305.62882A3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total impervious Surface Description Area Description Area OtmOA1.L.216ft^B1Dwelling and Attached Garage Driveway/Parking area(s)Total lmpervk>us*6uildings W.IY10 ^fe 0ClDetached Garage Patio/Sklewalk Total Impervious-Other Total Impervious Surface B1 +C1216 te 216 ft^D1Shed(s)Retaining wail(s) Totai Percent Impervious (D1 +A1)x100 1.87%te ElMiscellaneousLandscaping te 2666Recreational Camping Unit Deck(s) Allowable Total Area Remaining A2-D1teOther:Water Oriented Accessory Structure 216 0B1C1 Project being requested:Total Impervious-Buildings Totai impervious-Other Accessory s^ctures less dian or equal to 120 sq ft vinthout a permit. This exemption only applies to items I—1 not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 +A1)x 100 Reviewed by L&R □ El Greater than 15% Exemption Not Allowed Int:Date:B2 1.87% D 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 Buldirtg AreaRemaining A3-B1 B3 2,089.60 SHORE IMPACT ZONE El 37.5 ft (GD Lakes) 50 ft (RD Lakes/ Agriculture. Urban,Tributary Rivers) 75 ft (Transition River) 100 ft (NE Lakes) 37.5General DevelopmentLake Classification SI ft Shore Impact Zone Area SI xS2S2 S3 1875 ft^50Average lot width in the Shore Impact Zone ft Total Area Alowed for Impervious Surface S3X.15 S4 281.25 ft' List all structure footprints in the Shore Impact Zone List all other impervious surfecea in the Shore impact Zone Total Impervious Surface Description Area Description Area ft^S5 0Buikjjng(8)Patio/Sidewalk BuMings fp ft^S6 0 ft^Deck(s)Other Total Impervious Surface S5 + S6 S7 ft^0Landscaping/retainging waH(s) Total Percent Impervious (S7+ S3) X 100 0.00%feDrlveway/P^ir)g area(s) ft^fpMiscellaneous Alowable Area Remaining S4-S7 281.25ft^fe 0SIZ Total Impervious-Buildings 35 ft^S6 0 ft"SIZ Total lnx>erviou5-Other 7/1/2021 Signature ' KELLI WEGSCHEID 3/23/22 Printed Name Date otter Tail County oTTERTAii. Land & Resource Management Impervious Surface Worksheet Proposed Page 2 P^pertyAddress 46869 BENNY LN PERHAM MN 12-000-99-0325-000PIN Property Area (from GIS w Survey);Square Footage of Lot Acres X 43,560.26 A1 11528Acres Total Area flowed for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X .20 2305.6A2A32882 List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious SurfaceDescriptionAreaDescriptionArea Total Existing Building Impervious from Page 1 216 re Total Existing Impervious- Other from Page 1 0 fPB1Cl Total Proposed Butidirtg Impervious1550 1766 400 F1Dwelling and Attached Garage Driveway/Parking area(s) Total Proposed Impervious- Other250 650 ft^G1Detached Garage Patio/Sidewalk Total Proposed Impervious Surface FI +G1________________ 2416reft'H1Shed(s)Retaining wall(s) Total Proposed Percent Impervious (H1fA1)x100_______20.96%ft'fF 11Miscellaneous Landscaping fFRecreational Camping Unit Deck(s) Allowable Area Remaining A2 466H1ft^feWater Oriented Accessory Struc^re Other 650 fF1766FIG1Total Impervious-Buildings Total Imp^ious-Other Percent Building Impervious (F1-rA1)x100 15.32% Allowable Building Area Remaining A3-FI 539.60 ft" SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agricuttral, Urtwin,Tributary River) o d 75 ft (Transition River) ' 100ft(NE Lakes) 37.5 ftLake Classification General Developtm Shore Impact Zone Area S1 xS2 1875S250S3 fFftAverage lot \Mdth in ttie Shore Impact Zone) Total Area Allowed for Impervious Surface S3X.15 281.25S4 fF List all proposed structure footprint areas List all proposed other impervious surfaces Total Proposed Impervious SurfaceDescriptionAreaDescriptionArea Total Existing Building Impervious (Pg 1) Total Existing Impervious- Other (Pg 1) 0 ft"0S5S6 fF 0fF fF fFS8Building(s) Patio/Sidewalk Proposed Buildings 0ft'fF ft"S9Deck(s) Proposed Other Total Impervious Surface S8 + S9 0ft"s'ft"S10Landscaping/Retaining wall(s) Total SIZ Percent Impervious (S10 + S3)x100 0.00%fp fFDriveway/Parking area(s) 281.25ft'fFMicellaneous Allowable Area Remaining S4-S10 fF fF 00ft'S8 fFS9Total Impervious-Buildings Total Impervious-Other 7/1/2021 IflUUKELLI WEGSCHEID 3/23/22U Printed Name Signature Date Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS) MINNESOTA POLLUTION CONTROL AGENCY S20 Lafayette Road North St. Paul, MN 55155-4194 nm Doc Type; Compliance and Enforcement Instructions: inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting documentation - additionai iocai requirements may also apply. Further information can be found here: https://www.Dca.state.mn.us/site5/default/files/wg-wwists4-31a.pdf. Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of final determination of compliance or nonconhpliance. Property information Local tracking number Local regulatory authority. Ottertail CountyParcel ID# or Sec/Twp/Range: 12000990325000 Property address: 46869 Benny Lane, Perham, MN 56573 Owner/representative: Kerry Tomlinson _________ ' Brief system description: Concrete tank to lift tank to mound drainfield. 322 sq.ft. Owner’s phone: System status System status on date (rnm/dd/yyyy): 5/11/2022 _ ^ Compifarit - Certincate of compliance* (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision Bis discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check all applicable) □ Impact on public health (Compliance component #1) - Imminent threat to public health and safety □ Tank integrity (Compliance component #2) - Pailing to prd/ecf groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety □ Other Corinpliance 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) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies Comments or recommendations □ 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 t. • I hereby certify that all the necessary information has been gathered to determine the compliance status of this system. No determin^ion 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 be/pw; / certify the above stfi^ements to be true and correct, to the best of my knowledge, and that this information can be used for the fMi^ose of processing this Business name: Stoil inspections Inc. Inspector signature: _________ Certification number: 7526 License number: 2982 _____ Phone: 218-839-1849(This document has been electronically signed) Necessary or locally required supporting documentation (must be attached) IS Locally required formsS Soil observation logs □ Other Information (list); □ Tank Integrity Assessment □ Operating Permit Use your preferred relay service > Available in alternative formats Page 1 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 800-657-3864651-296-6300• ’ 1. Impact on public health - Compliance component#! of 5 Attached supporting documentation: □ Other J □ Not applicable Compliance criteria: □ Yes’ S NoSystem discharges sewage to the ground surface □ Yes- 0 NoSystem discharges sewage to drain tile or surface waters. □ Yes* S NoSystem causes sewage backup into dwelling or establishment._________ Any "yes" answer above indicates the system is an imminent threat to public health and safety. ___ Describe verification methods and results: 2. Tank integrity-Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: □ Pumped at time of inspection -t□ Yes* 0 NoSystem consists of a seepage pit, cesspool, drywell, leaching pit, Of other pit?______Name of maintenance business; License number of maintenance business: L3474 Sewer Service □ Yes* 0 NoSewage tank(s) leak below their designed operating depth?Date of maintenance; • □ Existing'tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): 5/10/2022 (must be within three years) , . (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: Tank Empty___________ If yes, which sewage tank(s) leaks: Any “yes” answer above indicates the system is failing to protect groundwater. Describe verification methods and results; •' ‘i nttps!//www.pca.state.mn.us wqF-w'w/5rs4-SJi • 1/11/21 , use your pi ererred relay service AvaiiaDie in airernaiive formats Page 2 of 4 ^ bbi-zyb-hiuu 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes' H No □ Unknovm 3b. Other issues (electricalhazanis, etc.) to immediately and adversely impact public health or safety? □ Yes* H No □ Unknown * Ves fo 3a or 36 - System is an imminent threat to public health and safety. 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? ‘/es to 3c or 3d - System is failing to protect groundwater. Describe verification methods and results: □ Yes* IS No □ Yes’ El No Attached supporting documentation: □ Not applicable □ 4. Operating perrhit and nitrogen BMP* - Compliance component #4 of 5: M Not applicable □ Vee □ No If “yes”, A below is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If "yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions Is "no”, tttis section does not need to be completed. Compliance criteria: Is the system operated under an Operating Permit? □ Yes □ Noa. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? □ Yes □ No Any "no” answer indicates noncompliance^ Describe verification methods and results; Attached supporting documentation: □ Operating permit (Attach) G 800-657-3864' • Use your preferred r^ay service • Available in alternative formats Page 3 of 4 https://www.pca.state.mn.us wg-wwists4-3tb • 1/11/21 651-296-6300 ' • » ‘ 5. Soil separation - Compliance component #5 of 5 □ UnknownDate ofinstallation 7/1/1985 (tnm/dd/^yy) S Yes □ No Attached supporting documentation: 13 Soil observation logs completed for the report (Attach) □ Two previous verifications of required vertical separation (Attach) □ Not applicable (No soil treatmerrt area) Shoreland/Wellhead protection/Food beverage lodging? Compliance criteria (select one): I5a. For systems built prior to April 1, .1996, \ □ Yes O No* and not located in Shoreland or Wellhead Protection Area or not s&ving a food, beverage or lodging establishment: Orainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock. ! □Mound Heigm= 30"i ; 3 Yes □ No* Indicate depths or elevations5b. Non-performance systems built April 1,1996, or later or for non-perfoimahce systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Draihfield has a three-foot vertical . separation distance from periodically saturated soil or bedrock.* A. Bottom of distribution media 20" B. Periodically saturated soil/bedrock i >56" >36"C. System separation D. Required compliance separation* : 36"______ *May be reduced up to 15 percent if allowed by Local Ordinance. i! □ Yes □ No*5c. "Experimental", "Other", or "Performance" systems built under pre-2008 Rules; Type IVor V systems built under 2008 Rules 7080 2350 or 7080.2400 (Advanced Inspector Ucense required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. % *Any "no" answer above indicates the system is failing to protect groundwater. Describe verificationmethods and results: 30*' U^rade r^ufrements; (Minn. Stat. §115.55) An imminentthreatto 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 proted 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 sal separation, then the system need not be upgraded^ repaired, replaced, or its use discontinued, notwithstanding any /oca/ 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. 8CX)-657-3864 • Use your preferred relay service • Available in alternative formats Paoe4of4 https;//www.pcajtate,mn.us 651-296-6300 » ' Parcet Number: IZ0p0^03Z.^2}CO Date & initial: ^iijZT^ ^ System DrawingThe system drawing which includes and identifies a graphic scale in feet or indi«ites all setbacK distances, all septlc/holdmgillfl tanks, drainfields wells within 100 feet of system (indicate depth of wells), dwelling and non^welling stmctures. lot lines, road right-of-ways, easements, OHWLs, wetlands, and topographic featwres (i.e, Wuffs). L;iHc Uiut ■r T\ \ I i i 5U^ Zi\ Additional Comments; ^xceJi'Complisnce Form for OTC 4/1^/2017 Page 2 9f 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 26th day of May 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 Kerry K Tomlinson, Et Al 766 LA Huerta S Green Valley AZ 85614 Treva Mayfield, Clerk Corliss Township 45656 500‘'^ St. Perham MN 56573 Little Pine Lake Association PO Box 62 Perham MN 56573 City Clerk (if located within 2 miles of a city) NA Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaqement@outlook.com NA 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 Little McDonald, Kerbs & 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 Imp. Dist., PO Box 168, Underwood, MN 56586 (Q LU 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 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake: Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®‘ Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6*'’ St NE, Perham, MN 56573 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 Brent Frazier - PO Box 255, Peliean 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: May 26, 2022 Extra 7Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members 6 PC Member____ Envelopes 18 TOTAL NOTICES TO PRINT 33 □ Added to Agenda □ Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus 1 MinutesBy: Amy Busko https;//ottertailmn.sharepoint.com/sites/LandResources/Sh Kerry Affidavit (56-142) 06-09-22.docx Buffer Parcels Citv St ZipAddrZAddrlParcel No Name 2Name 1 Moorhead MN 56560 39481831 33rd St S12000310223001 Stephen J & Tammy J Sakrismo Marco Island FL 34145 486712000310223002 Geoffrey D & Pamela Bentley 220 Collier Blvd S Unit 803 Perham MN 56573 830712000310223003 Jill Marie Pawlowski RevTst 46923 Benny Ln Seward NE 68434 80931246 210th Rd12000310223004 John W Brady Perham MN 56573 830712000310223005 Kenneth A & Susan A Johnson 46963 Benny Ln Perham MN 56573 830712000310223006 Jill Marie Pawlowski Rev Tst 46923 Benny Ln Perham MN 56573 830712000310223008 Kathryn J Johnson 46819 Benny Ln Perham MN 56573 830412000310223009 Mark I & Michele K Halbakken 46611 Benny Ln West Des Moines iA 50266 28295782 Northview Dr12000310224000 Steven L Becker Rev Tst Et Al Eagan MN 55123 1965957 Curry TrI12000990313000 Michael J & Debra K Johnson Perham MN 56573 830712000990314000 Kenneth A & Susan A Johnson 46963 Benny Ln Perham MN 56573 830712000990315000 Kenneth A & Susan A Johnson 46963 Benny Ln Seward NE 68434 80931246 210th Rd12000990316000 John W Brady Seward NE 68434 809312000990317000 John W Brady 1246 210th Rd Perham MN 56573 830712000990318000 Jill Marie Pawlowski Rev Tst 46923 Benny Ln Moorhead MN 56560 39481831 33rd St S12000990320000 Stephen J & Tammy J Sakrismo Marco Island FL 34145 486712000990321000 Geoffrey D & Pamela Bentley 220 Collier Blvd S Unit 803 Marco Island FL 34145 486712000990322000 Geoffrey D & Pamela Bentley 220 Collier Blvd S Unit 803 Marco Island FL 34145 486712000990324000 Geoffrey D & Pamela Bentley 220 Collier Blvd S Unit 803 Green Valley AZ 85614 012000990325000 Kerry K Tomlinson Et Al 766 La Huerta S Plymouth MN 55447 103518415 34th Ave N12000990326000 Nancy L Bossert Tst Medina MN 55340 46094777 Medina Lake Dr12000990329000 Steven J STerese M Fox Spring Branch TX 78070 5401352 Arthur Ct12000990330000 Joan Martin Stobie Page 1 of 2Friday. Mav 20, 2022 Parcel No Addr 1 Addr 2 Citv St ZipName 1 Name 2 12000990332000 Kathryn J Johnson Perham MN 56573 830746819 Benny Ln 12000990334000 Steven E Bigler Saint Paul MN 55102 2239446 Holly Ave Unit 2 12000990335000 SchoenbergerTst Perham MN 56573 834346793 Benny Ln Roy M Schatschneider Perham MN 56573 82251200099033600046352 510th St 12000990337000 Paul Albrecht 2932 37 1/2 Ave 5 Fargo ND 58104 7053 12000990470000 Kerri K Hunter 766 Lahuerta 5 Green Valley AZ 85614 2244 12000990471000 Steven J & Terese M Fox Medina MN 55340 46094777 Medina Lake Dr 12000990472000 Joan Martin Stobie Spring Branch TX 78070 5401352 Arthur Ct 12000990473000 To The Public 00 Friday. Mav 20. 2022 Pase 2 of 2 mBuffer Mail y City, State, ZipAddress i Address 2Name Paul Albrecht 2932 37 1/2 Ave S Fargo ND 58104 7053 Geoffrey D & Pamela Bentley 220 Collier Blvd S Unit 803 Marco Island FL 34145 4867 Steven E Bigler 446 Flolly Ave Unit 2 Saint Paul MN 55102 2239 John W Brady 1246 210th Rd Seward NE 68434 8093 Steven J & Terese M Fox 4777 Medina Lake Dr Medina MN 55340 4609 Mark I & Michele K Halbakken Perham MN 56573 830446611 Benny Ln Kerri K Hunter 766 Lahuerta S Green Valley AZ 85614 2244 Jill Marie Pawlowski Rev Tst Perham MN 56573 830746923 Benny Ln Kathryn J Johnson 46819 Benny Ln Perham MN 56573 8307 Kenneth A & Susan A Johnson Perham MN 56573 830746963 Benny Ln Michael J & Debra K Johnson 957 Curry TrI Eagan MN 55123 1965 Kerry K Tomlinson Et Al Green Valley AZ 85614 0766 La Huerta S Nancy L Bossert Tst 18415 34th Ave N Plymouth MN 55447 1035 Stephen J & Tammy J Sakrismo 1831 33rd StS Moorhead MN 56560 3948 Roy M Schatschneider 46352 510th St Perham MN 56573 8225 SchoenbergerTst Perham MN 56573 834346793 Benny Ln Steven L Becker Rev Tst Et Al 5782 Northview Dr West Des Moines lA 50266 2829 Joan Martin Stobie 352 Arthur Ct Spring Branch TX 78070 5401 Friday, May 20, 2022 Page 1 of 1 1198236 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 10/26/2017 11:22 AM No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( not required.„§:;ert. of Real Estate Value No. in co^COI^CD FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N■ gon (Year) Wayne Stein, County Auditor/Treasurer>00 by. l?-OOU°vS 03^5000 Deputy \>OC/U‘^A.O OOOO QUIT CLAIM DEED Individual to Joint Tenants STATE DEED TAX DUE HEREON: $1.65 Dated:., 2017 FOR VALUABLE CONSIDERATION, Kerry K. Tomlinson, a single individual. Grantor, hereby conveys and quitclaims to Kerry K. Tomlinson and Jane G. Rosenbush, Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows: Lot Thirteen (13) of K. B. Beach in Section Thirty-one (31), Township One Hundred Thirty-seven (137), Range Thirty-eight (38), Otter Tail County, Minnesota. Forever attached to Lot 1, Block 1, Tomlinson Oaks. together with all hereditaments and appurtenances belonging thereto. THE TOTAL CONSIDERATION PAID FOR THIS DEED IS $500 OR LESS. COUNTY OF OTTER TAIL STATE OF MINNESOTA DEE0TAX$-N*? number Jkdtidun-'(son. Grantor DATE STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) This instrument was acknowledged before me this _____ ■ 2017, by Kerry K. Tomlinson, a single individual. Grantor. day of heather lee ICIRCHENWITZ Notary Public State of Minnesota ^SpESS My Commission Expires January 31.2022 Notary Public Tax Statements for the real property described in this instrument should be sent to: THIS INSTRUMENT DRAFI ED BY: PELOQUIN LAW OFFICE, P.A. Attorneys at Law 432 Third Avenue SE Perham, MN 56573 (218) 346-6900 Kerry K. Tomlinson 766 South La Huerta Green Valley, AZ 85614 98S492 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( Certificate of Real Estate Value No. OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument e was filed/recorded In this office for record on the_^i4_dav of ) not required.) filed (!0803g^ (Year) Wayne Stein, County Auditor oh R^caraeroun potTby.i^cordlng fe^ .well certlfl^teDeputy 'TQ/^ 1-M WARRANTY DEED Individual(s) to Lndividual(s) STATE DEED TAX DUE HEREON: $ 12.21 Date: May 2, 2005 FOR VALUABLE CONSIDERATION, Donald J. Tomlinson, a single person, Grantor(s), hereby convey(s) and warrant(s) to Kerri K. Hunter, Grantee(s), real property in Otter Tail County, Minnesota, described as follows: Lot One (1), Block One {!), Tomlinson Oaks, according to the certified and recorded Plat thereof, on file and of record in the office of the County Recorder, in and for Otter Tail County, Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, Easements and Restrictions of Record, if any. Ctuick Box if Applicable:0 The Seller certifies that the seller does not know of any wells on the described real property. 1 I A well disclosure certificate accompanies this document. I I 1 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 prcvipdsl^ filed well disclosure certificate. COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX «NUMBE^\5 DATE 11« PS_ maid J. Tomlulson STATE OF MINNESOTA COUNTY OF OTTER TAIL The foregoing instrument was acknowledged before me on this j ‘3T'^''^''^ay of K^Cl^i'~C'WiJlo.tyr2005, by Donald J. Tomlinson, a single person. Grantor(s). ) )ss. ) 1X2:51^NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENTDENISE TAPPE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 Check here if part or all of the land is Registered (Torrens) □ c Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Kerry K. TomlinsonTitle Services of Perham 160 3rd Ave. S.W. PO Box 187 Perham, MN 56573 Order No.: 16959 766 S. La Huerta Green Valley, AZ 85614-2244 ARCH I TECTURE^ TO: Otter Tail County Land & Resource management. Board of Adjustment 914 East Channing Avenue in Fergus Falls, MN RE: Variance Application for Kerry Tomlinson, et. PLEASE FIND THE ENCLOSED INFORMATION: Scaled & Signed Site Plan, with impervious Surface Worksheets o (original + 6 copies) 0^^rtified Survey (if available) B^Evidence of Land Ownership o Call in Advance to print the current Deed 218-998-8140 o $3 Cash from Recorder's Office @ 520 Fir Ave W, Fergus Falls MN Septic design or compliance inspection □ $500 fee iUS^jndj^Qnstruction area are staked on'sTte^□ Please mail the notification card that must be posted on site to our office as the local contact: 107 West Main Street Perham MN 56573 Please call our office at 218-346-0081 with any questions, thank you! 107 WEST MAIN STREET PERHAM MN www.harmoniousArchitecture.com KELLI WEGSCHEID, AIA a 218.346.0081