HomeMy WebLinkAbout14000990336000_Variances_06-09-20221278ic3Date Received
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
06/15/2022 09:46 AM
P-\?SranrMAi&R Initial
UCC , ■"■!*■
rrj >THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 4
WELL CERTIFICATE REC’D: N
t‘'i
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
4 ■ooApplication Fee
Receipt Number ~ 0 I ^
Reviewed/Accepted By / Date
Grant R & Mary Ann Colling 218-205-2918 GrantPROPERTY OWNER DAYTIME PHONE
3601 Jones St Apt 108 Omaha NE 68105-1282MAILING ADDRESS
(Grant) grcolling@gmail.com (Kelli: Architect) kelli@harmoniousArchitecture.comE-MAIL ADDRESS
56024300 Marion LAKE CLASS
Dead Lake Twp
LAKE NUMBER_
SECTION TOWNSHIP
LAKE NAME
135 040RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS14-000-99-0336-000 39133 MARION DR S RICHVILLE, MN
LEGAL DESCRIPTIONKLEIN & ADAMS POINT, LOT 6
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT: -
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)
l^Shoreland Management Ordinance
CD Sanitation Code
EZISubdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S): Section 6, Subp. 4, D. Property Line Setback (Rear)
im Renewable Energy Ordinance
CZother______________
5/17/22lAttached Subsurface Sewage Treatment System Compliance Inspection
No septic system on property
Inspection Date:
Page 2
Property Owner
Parcel Number 1^ (nJD^ ? D 'joi^DGQ
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
VARIANCE REQUEST:
^ccj\AJL)>hn.^ (K 0^ Cllc^
-h b^}nj o' 4v fhi
j^jU- of Ld‘y A>. fu n^^jhhorS. huvi c/,M. |^| |^||,
! i>lV'fI UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
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 &
RESOURCEMANAGEMENJ REGARDING THIS MATTER.
SIGNATURE OFPROPERTY OW^R MG
5/17/22
ENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
91 h'(K) j)^.Date Of Board of Adjustment Hearing
Motion
Time
Grant R & Mary Ann Colling - Variance Application Approved as Requested (6:56 p.m.)
After consideration and discussion, Thomas Lee made a motion, seconded by Brent Frazier, and carried to approve
the variance as presented to construct a dwelling with an attached garage 0’ 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 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.
aChairman/otter Tail CountyBoard of Adjustment
Permit(s) required from Land & Resource Management
y Yes (Contact Land & Resource Management)
No
L^ Official/DateCopy 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. DirectorOTTER TRIlooetTT-aiaaiiott
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:Grant & Mary Ann Colling
Address/Parcel No. 39133 Marion Dr. / 14000990336000
Requested Variance: Requesting a Variance of 20' from the road right of wav to construct an attached garage being 0' to
the road right of wav as the neighbors have done.
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: Want to remove the existing dwelling and replace with a new dwelling.
Want to conform with the lotline setbacks. Currently the structure on one side is on the lotline. The garage will be setback as the
neighbors are setback from the road right of wav.
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...
n 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...
I" No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are similar structures and land uses in the neighborhood with similar setbacks as noted during the onsite visit.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
It is an existing 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
nearshore 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:
There are similar uses along this road with structures not meeting the road right of way setback.
the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
"iHicAeiel 'Doho^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.
Grant R & Mary Ann Colling - Variance Application Approved as Requested (6:56 p.ni.)
Grant R & Mary Ann Colling, Lot 6 of Klein & Adams Point, Marion Lake (56-243) in Dead Lake Township requested the following:
Requesting a Variance of 20’ from the road right of way to construct an attached garage being 0’ to the road right of way as the
neighbors have done.
Grant Colling, property owner and Kelli Wegschied, Harmonious Architecture represented the variance application. The audience was
polled with no one speaking for or against this application. Susan Dale submitted a letter in opposition to the variance as requested.
After consideration and discussion, Thomas Lee made a motion, seconded by Brent Frazier, and carried to approve the variance as
presented to construct a dwelling with an attached garage 0’ 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 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.
Wade & Heather Erickson- After the Fact Variance Application Approved as Modified (7:08 p.m.)
Wade & Heather Erickson, Lot 3 Blk 1 Ex Tr., Eagle Lake (56-253) in Eagle Lake Township requested the following: Requesting an
After-the-Fact Variance of 4’6” from Right-of-Way line of road setback of 20’ to construct attached garage at 15’6” off the road-right
way. WJien house and garage were originally placed for start of construction, the contractor measured 20’ from the road edge to the
estimated property line, and an additional 20’ into the lot for the setback, for the start of construction. Once the county requested
verification in December 2021, the property pin was located and determined that the garage in construction was unintentionally
located 15’6” off the property line. The house/garage was NOT made larger than originally shown on the permit. The 3 lots of Reinke
Beach have additional road setback area compared to neighbors.
April 14. 2022
After consideration and discussion, Rick Wilson made a motion to deny request, Rick Wilson withdrew the request to deny variance.
Upon further discussion, Rick Wilson made a motion, seconded by Rick West to deny the variance request. Motion failed due to tie
vote. Darren Newville made a motion, seconded by Mark Johnson to approve the variance request with the condition that a
Conditional Use Permit is granted for the earthmoving of the retaining wall. Motion failed due to tie vote. Darren Newville made a
motion, seconded by Terry Marthaler, and unanimously carried to table the Variance request with the applicant’s permission to allow
time for the property owner to have their property surveyed and to provide a preliminary engineering design of the proposed retaining
wall.
June 9. 2022
Kelli Wegschied, Harmonious Architecture and Pat Morstad, Precision Landscape represented the variance application. Sue Piekarski,
read a letter from Heather Erickson in regards to their variance application, gave background information on the property. The
audience was polled with Bill Sonmor speaking in support of the variance request. Harold Jensen spoke in support of the variance as
requested. Eric Mounts spoke in support of the request. Dale Spitzberg is in support of the variance request. An email from Gene
Eitreim was submitted in opposition to the variance as requested. Pat Morstad spoke regarding the retaining walls that are being
proposed and how they are constructed and the support of the walls. Dale Bar also spoke regarding the earthmoving that has been
done and what is being proposed for earthmoving.
After consideration and discussion. Dan en Nen ville made a motion, seconded by Thomas Lee. and cairied to approve the after the
fact \ ariance request to allow the attached garage to remain 15'6” from the road right of wa> w ith the condition that the retaining
walls are built and located as indicated in the engineering plans provided by Marty Gray. Gray Engineering. LLC and installed by Pat
Morstad. Precision Landscape. This decision is based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed
and the Board’s finding ha\ e been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith
the Land & Resource Management Department. The variance granted shall expire fiv e (5) years from the date of approval. The
expiration date of this variance approval is June 9, 2027.
Other Business - None
\\'ith no further business. Michael Donoho declared the meeting adjourned at 7:39 p.m.
Prepared by:
Amy Busko, Secretary
The minutes were emailed on June 10, 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.
Board of Adjustment
June 9, 2022
Page I 3
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:
Grant R & Mary Ann Colling
3601 Jones St Apt 108
Omaha NE 68105-1282
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Taii
County Shoreland Management Ordinance, the Otter Taii 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(5)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. -14000990336000
Lot 6 of Klein & Adams Point
Section 01, Township 135, Range 40
Township Name - Dead Lake
Marion Lake (56-243), General Development (GD)Lake Name/Number/Class:
Property Address:39133 Marion Dr. S., Richville MN 56576
The variance requested is the following:
Requesting a Variance of 20' from the road right of way to construct an attached garage being 0' to the road right
of way as the neighbors have done.
Aj]]} Busko
Board of Adjustrnent Secretary
May 26, 2022
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
. -r- .>
#
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
P^pertyAddress 30133 s. MARION DRIVE, RICHVILLE 14-000-99-0336-000PIN
Property Area (from CIS or Survey):Square Footage of Lot
Acres x 43,5600 A1 fpAcres6209
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X .20A21552.25 A3 ■1.80000000001
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Total Impervious SurfaceDescriptionAreaDescriptionArea
^ Dwellin^^^ft^ft^0B1Attached Garage Driveway/Parking area(s)Total Impervious-Buildjngs^ PaSsi^walk
(__Retaining wd(l(s)
ft^0ClDetached Gara<Total Impervious-Other
Total Impervious Surface
B1 +C1
ft^D1 0Shed(s)V
Total Percent Impervious
(D1 +A1)x 100
ft^0.00%ft^E1MistLandscapingjineous
1552.25Recreanonal Camping Unit Deck(s)
Allowable Total Area Remaining A2-D1 ft^
\lhwvt^CjOJr()(K^re herWater Orient*jssory Structure
0 fP 0B1Cl Project being requested:Totai Impervious-Buildings Total Impervious-Other
Accessory staictures less than or equal to 120 sq ft
_ without a permit. This exemption only applies to items LJ not bcated in the Shore impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 +A1)x100
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Int:Date;B2 0.00%
□ E1 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This
Q exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1 B3 1,241.80
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/ Agriculti^ 75 ft (Transition RiverL,*^
100ft(NE LakesLX^
Irban,Tributary Rivers)g^Choose the ClassChoose the ClassLake Classificdtion ft
Shore Impact Zone Area
SI xS2S20 ;3 0ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface S3X.15 34 0 ff
List ad structure footprints in the Shor^^(f!i^ct Zone
List ail other impel les in the ^hore,>mpact ZoniIS
Total Impervious Surface
Description Area ■cription Arej
fp S5 ft^0Building(s)PatiolSiaewalk Buildings
fp S6 0 fpDeck(s)ft Other
Total Impervious Surface
S5 + S6
ft^S7 0Landscaping/retaingtng wall(s]
Total Percent Impervious
(S7-^ S3) x 100 0.00%Driveway/Parking arej
~7^ft^ft=Miscellaneous
Allowable Area Remaining S4-S7 0 ft^
fe ft=
0SI2 Total Impervious-Buildings 35 SIZ Total Impervtous-Other S6 0 fp 7/1/2021
KELLI WEGSCHEID, ARCHITECT 5/18/2022
Printed Name Signature Date
otter Tail County
c^AH, Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
14-000-99-0336-00039133 s. MARION DRIVE, RICHVILLE PIN
Square Footage of Lot
Acres x 43,560
Property Area (from CIS or Survey).ft^A10 6209Acres
Total Area Allowed for Buildirtgs Alx.20Total Area Allowed for Impervious Surface
A1 X .25 1.8000000000 re1552.25 A3A2
List ALL proposed other impervious surfa^sList ALL proposed structure footprint areas
Total Impervious Surface
Description AreaDescriptionArea
Total Existing Impervious-
Other from Page 1
Total Existing Building
Impervious from Page 1 0 0ClB1
Total Proposed Buiidirtg Impervious 123672 ft”1236 FIDhveway/Parkirtg area(s)Dwelling and Attached Garage
Total Proposed Impervious- Other213 285G1Patlo/SidewaikDetached Garage
Total Proposed Impervious Surface
FI ->-G1________________
1521 ft^fe H1Retaining wall(8)Shed{8)
Total Proposed PercentImpervious
(HI -t-AnxlOO
24.50%11LandscapingMiscellaneous
te Deck(s)Recreationai Camping Unit A2Allowable Area Remaining 31.25 fi^HI
fFft'Water Oriented Accessory Structure Other:
285 ft'1236 ff GiFITotal Impervious-Buildlrtgs Total Impervious-Other
Percent Building Impervious
(FI +A1)xl00 19.91%
Allowable Building Area R^»ning A3-FI 5.80 ft'
SHORE IMPACT ZONE
37.5 ft (GO Ukes)
50 ft (RD Lakes/Agricultral, Urban.Tributary River) Q4
75 ft (Transition River)
i00ft(NE Lakes)
Choose the Class ftLake Classification Choose the Class
Shore Impact Zone Area
SI xS2 0 ft'S2 S30ftAverage lot width in the Shore Impact Zone)
Total Area Allowed for Impervious Surface S3X.16 S4
all proposed other irfacesList all proposed structure footprint areas
Total Proposed Impervious Surface
y DescriptionDescriptionArea
Tottf Existing lmQcr>jpufqXTotal Existing Building
Impervious (Pg 1)
S6S5
0 fpfFS8ft'Building(s)Patio/Si Proposed Buildings
0 fFft'S94Deck(s)Proposed Other
Total Impervious Surface
S8 + S9 0feS10ining W3ll(s)Landscaping/
Dhv^ifa^arking area(s)Total SIZ Percent Impervious
(S10 + S3)x100 0.00%tete
ft'Micellaneous 0Allowable Area Remaining S4-S10 fF7^te
00ft'S9 ft'S8Total Impervious-Buildings Total Impervious-Oftier 7/1/2021
5/18/2022KELLI WEGSCHEID, ARCHITECT
Signature DatePrinted Name
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
Grant & Mary Ann Colling
3601 Jones St. Apt 108
Omaha NE 68105-1282
Cheryl Harris, Clerk
Dead Lake Township
38019 Dead Lake Rd
Richville MN 56576
Marion Lake Association
Jim Kushinski
PO Box 112
Richville MN 56576
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
LU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald;
Devils (Near Perham):
Eagl«±al«^
LidalJI^
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
Id, 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 Imp. Dist., PO Box 168, Underwood, MN 56586
Little i^e & elg Pine:
South Turtle Lake:
Otter Tail County COLA, 4302 lO'^' 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, Pelican Rapids MN 56572
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes TO Print
File 1Dated: May 26, 2022
Extra 6Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members_
PC Member____
Envelopes 20
TOTAL NOTICES TO PRINT___34
[~~| Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sjtes/LandResources/Sh;
Affidavit (56-243) 06-09-22.docx
It
Buffer Parcels
Parcel No
14000010004001 Raymond & Marcia Moody
Addr2Name 1 AddrlName 2 City St ZiD
Richville MN 56576 960739179 Marion DrS
14000010004002 Eari S Gordon 47 9th St N Custer SD 57730 1627
14000990331000 John L Cox 2108Zuppke DrS Urbana it 61801 6706
14000990332000 Christine A Giii Sioux City iA 51102 1713PO Box 1713
14000990335000 Robert C Loerzei Ham Lake MN 55304 65024457 151st Ln NE
14000990336000 Grant R & Mary Ann Coiiing Omaha NE 68105 12823601 Jones St Apt 108
14000990337000 Haedtke Tst Et Al 1750 158th Ave NW Andover MN 55304 2796
14000990338000 Haedtke Tst Et Al 1750 158th Ave NW Andover MN 55304 2796
14000990339000 David & Rebecca Elbert Tst 3786 Dorothea Ct S Fargo ND 58104 8502
14000990340000 Lorraine Peine Vermillion MN 55085 0023PO Box 23
14000990341000 Jeffrey P Nelson Et Al 16204 Fishing Way Rosemount MN 55068 1408
14000990342000 Mdcc LLC Chris Gill And Carrie Novak 770 Dakota Flats Dr Dakota City NE 68731 3093
14000990345000 John L Cox Et Al 2108 Zuppke Dr S Urbana IL 61801 6706
14000990348000 Charles R Heinke Et Al Lincoln NE 68502 46451856 Pawnee St
14000990349000 Walter & Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
14000990350000 Walter & Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
14000990351000 Walter & Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
Walter 8i Lizetta Beatty Tsts14000990352000 2508 Mulligan Ln Belleville IL 62220 5004
14000990353000 William J 8i Audrey Stearns 1508 3rd St SW Wadena MN 56482 2119
14000990354000 William J & Audrey Stearns 1508 3rd St SW Wadena MN 56482 2119
William J & Deanna C Panning14000990356000 Hamburg MN 55339 9451631 Kim Ave
14000990357000 William J & Deanna C Panning Hamburg MN 55339 9451631 Kim Ave
William J 8i Deanna C Panning14000990358000 Hamburg MN 55339 9451631 Kim Ave
Friday. May 20. 2022 Page 1 of 2
Parcel No Name 1 Name 2 Addr 1 Addr2 Citv St Zio
Cottage Grove MN 55016 121114000990359000 Bb Marion LLC 6939 Idsen Ave 5
Arlene Neu14000990360000 609 9th Ave W Alexandria MN 56308 2203
14000990361000 Arlene Neu 609 9th Ave W Alexandria MN 56308 2203
14000990362000 David & Rebecca Elbert Tst 3786 Dorothea Ct 5 Fargo ND 58104 8502
14000990368000 Mary Beth Muchow 2111 Harrison St W Chandler AZ 85224 6955
14000990562000 Bb Marion LLC 6939 Idsen Ave S Cottage Grove MN 55016 1211
14000990563000 Bb Marion LLC 6939 Idsen Ave 5 Cottage Grove MN 55016 1211
14000990564000 Bb Marion LLC 6939 Idsen Ave S Cottage Grove MN 55016 1211
14000990565000 Jeffrey & Nancy Bell Tst Et Al 6475 Delaney Ave Inver Grove Heights MN 55076 17
Friday. May 20. 2022 Page 2 of 2
■■f
Buffer Mail
Address l City, State, ZipNameAddress 2
Bb Marion LLC 6939 Idsen Ave S Cottage Grove MN 55016 1211
Charles R Heinke Et Al 1856 Pawnee St Lincoln NE 68502 4645
Grant R & Mary Ann Colling 3601 Jones St Apt 108 Omaha NE 68105 1282
John L Cox 2108 Zuppke Dr S Urbana IL 61801 6706
David & Rebecca Elbert Tst 3786 Dorothea Ct S Fargo ND 58104 8502
Christine A Gill Sioux City lA 51102 1713PO Box 1713
Earl S Gordon 47 9th St N Custer SD 57730 1627
Haedtke Tst Et Al 1750 158th Ave NW Andover MN 55304 2796
Jeffrey & Nancy Bell Tst Et Al 6475 Delaney Ave Inver Grove Heights MN 55076 17
Jeffrey P Nelson Et Al 16204 Fishing Way Rosemount MN 55068 1408
John L Cox Et Al 2108 Zuppke Dr S Urbana IL 61801 6706
Robert C Loerzel 4457 151st Ln NE Ham Lake MN 55304 6502
Mdcc LLC 770 Dakota Flats Dr Dakota City NE 68731 3093
Raymond & Marcia Moody 39179 Marion DrS Richville MN 56576 9607
Mary Beth Muchow 2111 Harrison St W Chandler AZ 85224 6955
Arlene Neu 609 9th Ave W Alexandria MN 56308 2203
William J & Deanna C Panning 631 Kim Ave Hamburg MN 55339 9451
Lorraine Peine Vermillion MN 55085 0023PO Box 23
William J & Audrey Stearns 1508 3rd St SW Wadena MN 56482 2119
Walter & Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
Friday, May 20, 2022 Page 1 of 1
Compliance inspection report form
Existing Subsurface Sewage Treatment System (SSTS)nriT MINNESOTA POLLUTION
CONTROL AGENCY
520 Lafayette Hoad North
St. Paul, MN 55155-4194 Doc Type: C|cement
Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and atta^^^L|3^rting
https//WWW pea.state mn us/siles/detautt/files/wa-wwlsts4-31a pdf. Al\ir\ o
Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of
determination of compliance or noncompliance.
Property information Local tracking number
Parcel ID# or Sec/Twp/Range: 14000990336000 _____
Property address: 39133 S Marion Dr. Richville, MN 56576
Ovyner/representative: Grant Colling__________
Brief system description: 2-750 gal. Holding Tanks________
System status
Local regulatory authority: Ottertail County
Owner’s phone;
System status on date (mm/dd/yyyy): 5/18/2022
^ Compliant - Certificate of compliance*
(Valid for 3 yoare from report date unless evidence of
an imminent threat to public health or safety requiring
removal and abatement under section 145A.04,
subdivision 8 is discovered or a shorter time frame exists
in Local Ordinance.)
*Note: Compliance indicates conformance with Minn.
R. 7050.1500 as of system status date above and
does not guarantee future performance.
Reason(s) for noncompliance {check all applicable)
n Impact on public health (Compliance component #1) - Imminent threat to public health and safety
□ Tank integrity (Compliance component #2) - Failing to protect groundwater
□ Other Compliance Condrtions (Compliance component #3) - Imminent threat to public health and safety
□ 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 (Compiiance 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
heal 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
/ 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.
By typing my name below, I certify the above ^atements to be true and correct, to the Pest of my knowledge, and that this information
can be used for the purpose of processing thi:
Business name. Stoll 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 (mu:>t be attached)
□ Operating Permit□ Tank Integrity AssessmentS Locally required forms□ Soil observation logs
□ Otrier Information (list).
800-657-3864 • Use your preferred relay service • Available in alternahve formats
Page 1 of 4
https://www.pca .state.mn .us
wq-wwists4-31b • 1/11/21
651-296-6300
1. Impact on public health - Compliance component #1 of 5
Attached supporting documentation:
□ other: _________________ ____
□ Not applicable
Compliance criteria:
□ Yes' S NoSystem discharges sewage to the
ground surface
□ Yes’ s NoSystem discharges sewage to drain
tile or surface waters.
□ Yes' B 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 resutts:
2. Tank Integrity - Compliance component #2 of 5
Compliance criteria:______
System consists of a seepage pit,
cesspool, drywell, leaching pit,
or other pit?
Attached supporting documentation:
n Pumped at time of inspection□ Yes’ B No
Barry SepticName of maintenance business
iDYes’ 13 No License number of maintenance business: L2821Sewage tank(s) leak below their
designed operating depth?I
Date of maintenance:
□ Existing tank Integrity assessment (Attach)
Date of maintenance (mm/dd/yyyy):
5/17/2022
(must be within three years)
(See form instructions to ensure assessment complies with
Minn. R. 7082.0700 subp. 4B(1))
Q 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:
Use your preferreii relay i;ervice • Ai/silable In alrernstive formats
Page 2 of 4
https://www.pc3,£t3tc,mn.us
wq-wwists4-31b • 1/11/21
651-206-6300 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' 13 No □ Unknown
3b. Other issues (electricat hazards, etc.) to immediately and adversely impact public health or safety? □ Yes' I3 No □ unknown
'Yes to 3a or 3b - System is an imminent threat to pubiic health andsafet]/.
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:
□ Yes' S No
□ Yes' S No
Attached supporting documentation: □ Not applicable □
4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 S Not applicable
□ Yes □ 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 = flesf Management Pracfice(s) specified in the system design
ff the answer to both questions is “no", ttiis 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? □ Yes □ No
Any “no" answer indicates noncompliance.
Describe verification methods and results:
Is the system operated under an Operating Permit?
□ Yes n No
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
wg-wwisM-SIh • 1/11/71
651-296-6300 800-657-3864
5. Soil separation - Compliance component #5 of 5
Q Unknown9/7/1993Date of installation
(mm/dd/yyyy)
S Yes □ No Attached supporting documentation:
□ Soil observation logs completed for the report (Attach)
□ Two previous verifications of required vertical
separation (Attach)
^ Not applicable (No soil treatment area)
Shoreland/Wellhead protection/Food
beverage lodging?
Compliance criteria (select one):
n Yes □ No’5a. For systems built prior to April 1, 1996,
and not located in Shoretand or Wellhead
Protection Area or not serving a food,
beverage or lodging establishment:
Drainfield has at least a two-foot vertical
separation distance from periodically
saturated soil or bedrock.
□
□ Yes □ No*Indicate depths or elevations
A. Bottom of distribution media_____
B. Periodically saturated soil/bedrock
C. System separation
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.*
D. Required compliance separation*
*May be reduced up to 15 percent if allowed by Local
Ordinance.
□ Yes □ No*5c. ‘Pvperimentar, “Other", or “Performance"
systems built under pre-2008 Rules;
Type IV or V systems built under 2008
Rules 7080. 2350 or 7080.2400
(Advanced Inspector License required)
Drainfield meets the designed vertical
separation distance from periodically
saturated soil or bedrock.
"Any “no” answer above indicates the system is
failing to protect groundwater.
Describe verification methods and results:
Upgrade requirements: (Minn. Stat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced,
or Its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the
system is falling to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by
local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the
system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict.
This provision does not apply to systems in shoreland areas, Wellhead Protection Areas, or those used in connection with food,
beverage, and lodging establishments as defined in law.
https://www.pca.5tate.mn.us
wq-wwists4-31b • 1/11/21
6S1-296-6300 800-657-3864 • Use your preferred relay service • Available in alternative formats
Page 4 of 4
Parcel Number:
Date & Initial; ___________^ System Drawing
The system drawing which includes and identlSes a graphic scale in feet or indicates all setback di^ances, ail septic/holding/lift tanks,
drainfieids. wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling stnjciures, lot lines, road right-of-ways,
easements, OHWLs, wetlands, ar>d topographic features (i.e. bluffs).
1
1
)
LL
1
1
5 ^dunTn
rf\Additional Comments:
ExceVCoinplianoe Form f« OTC 4/U/2017 Pege 2 of 2
1179038
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
08/24/2016 3:17 PM
FEE: 46 00
PAGES 2
WELL CERTIFICATE REC'D: N
c No delinquent taxes and transfer entered;
: Certificate of Real;^state Value ( ) filed ( ixfnot required.
Cert of Real Estate Value No.
A3.
n •
. (Year)
Wayne Stein, County Auditor/Treasurer
?frby
0331^
TRUSTEE'S DEED
to Joint Tenants
COUNTY OF OTTER TAIL
STmTH of MINNE^VA
STATE DEED TAX DUE HEREON: $ 1.65
W^,2016 :Date:NUMB
DATE
c FOR VALUABLE CONSIDERATION, Grant R. CoUihg and Mary Ann Colling, as
Trustees of the Colling Family Trust dated July 31, 1997, Grantors, hereby convey to Grant R.
Colling and Mary Ann Colling, Gi^tees as joint tenants, real property in Otter Tail County,
Minnesota, described as follows:
Lot Six (6) of Klein and Adams Point, Otter Tail County, Minnesota;
together with all hereditaments and appurtenances belonging thereto.
i
THE TOTAL CONSIDERATION FOR THIS TRANSFER OF PROPERTY IS $500.00 OR LESS.
TRUSTEES
X
Grant R. Colling
iVJyVU_:>col
Cbllihg,Mary • jhO
. - • CO
ScD
05-..Jc"j:
-1-
otter Tail County, Minnesota 1179038 1 of 2
• r'
‘•n.
c
STATE OF MINNESOTA )
)SS
COUNTY OF OTTER TAIL)
The foregoing was acknowledged before me this \ day of V5s~V~ . 2016.
by Grant R. Colling and Maiy Ann Colling, as Trustees of the Colling Family Must dated July 31,
1997, Grantors.
LYNETTE MARIE MULGREW
Notary Public-Minnesota
My CanimlMlon Explm 4m 3«/20et
Tax Statements for the real property
described in this instrument should be
sent to:
C
Grant R. Colling and Mary Ann Colling
510 East Lakeside Drive
Fergus Falls, MN 56537
THIS INSTRUMENT WAS DRAFTED BY:
Paul S. Jensen
CLINE LARSON JENSEN P.A.
125 South Mill Street
Fergus Falls, MN 56537
218-998-4088
pjensen@clinelawyers. com
c
-2-
Otter Tail County, Minnesota 1179038 2 of 2
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 Dr. Grant & Mary Ann Colling
PLEASE FIND THE ENCLOSED INFORMATION:
[j/Completed Application Form
□ Scaled fe Signed Site Plan? with Impervious Surface Worksheets
o (original + 6 copies)^Certified Survey (if available) ^ >lJL4»
(^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 C(?ofuV\i^ (yiGTv^
>^$500 fee OuYlC/t ^ 'Xo&pc 'iDnS
□ Lot lines and construction area are staked on site
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!
KELLI WEGSCHEID, AIAz
218.346.0081
107 WEST MAIN STREET PERHAM MN
WWW. h armor iousArchitecture.com
M
I p June 01, 2022
Land & Resource Management
5401 West Fir Avenue
Fergus Falls, MN 56537
e-mail: land@co.ottertail.mn.us
Re: Variance request for Parcel No. -14000990336000
Property address: 39133 Marion Drive South, Richville, MN 56576
I am responding to the application made for the property noted above; this variance is scheduled to be
reviewed on Thursday, June 9, 2022.
The owner has requested a variance from the 20' setback from the road right of way to construct an
attached garage being O' to the road right away.
We are in opposition to this requested variance. The parcel of land is 50' wide and 114' deep; there is
adequate land to construct a garage and still adhere to the 20' road right of way by building forward
into the front part of the lot.
If construction of a building is allowed with the requested variance, which is to build a garage right up
to the road right of way, this will potentially push any overflow parking of vehicles, boats, trailers,
campers into the road right away thus crowding the road. It would also be more difficult for snowplows
to be able to remove snow effectively in this narrowed area.
Previously we had applied for a variance of 10' onto the road right of way when constructing our garage,
this variance was denied. We would expect Ottertail County to follow the same guidelines on this
variance request and declare the applicants property buildable thus denying this variance.
Thank you for an opportunity to respond to this variance.
Cordially,
Susan A. Dale
Karen M.Johnson
BB Marion LLC
39068 South Marion Drive, Richville
Amy Busko
From:
Sent:
Amy Busko
Friday, June 3, 2022 10:59 AM
Brent Frazier; Darren Newville; Mark Johnson; Michael Donoho; Rick West; Terry
Marthaler; Thomas (Tom) Lee
FW: Response / comments for Parcel 14000990336000, Lot 6 Klein & Adams Point
Variance response 06.2022.docx
To:
Subject:
Attachments:
Please see attached for comments on a variance request.
Have a great weekend.
Amy Busko
Permit Technician
Land & Resource Management
GSC, 540 W Fir
Fergus Falls, MN 56537
Direct 218-998-8096 | Office 218-998-8095
ottertailcountymnus
OTTERTAILO0UNr>
From: Emma Barry <ebarry@co.ottertail.mn.us>
Sent: Friday, June 3, 2022 9:41 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: FW: Response / comments for Parcel 14000990336000, Lot 6 Klein & Adams Point
Please see attached email
Emma Barry
Administrative Assistant
Land and Resource Management540 WFirAve
Fergus Falls MN 56537
Direct 218-998-8107 | Office 218-998-8095
ottertailcountymn.us
OTTER TAIL
COUNTY - MINNESOTA
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 recipient(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.
From: Sue Dale <dalebbkine56@gmail.com>
Sent: Friday, June 3, 2022 9:38 AM
1
To': Otter Tail County Land <land(5)co.ottertail.mn.us>
Subject: Response / comments for Parcel 14000990336000, Lot 6 Klein & Adams Point
I ■Ia-You don't often get email from dalebbkina56@amail.com. Learn whv this is important
Please find our response, in the attached document, to the variance requested by Grant R. & Mary Ann Colling. The
parcel number is noted above; the variance is scheduled to be reviewed on June 09, 2022.
Susan A. Dale
Karen M.Johnson
BB Marion LLC
39068 So Marion Drive, Richville
2