HomeMy WebLinkAbout14000990341000_Variances_09-08-2022Date Received
1232301
LVNH R LARSOH
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, NN
RECORDED ONL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER FEE: 46.00
PAGES 4
ii^RTIFICATE REC'D: NAPPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.ottertailcountvmn.us
Application Fee
Z0^Z-Q2£Receipt Number
Reviewed/Accepted By / Date lT.j ")TQ0.
651-216-9947Jay, Jeff and Brett Nelson DAYTIME PHONEPROPERTY OWNER
16204 FISHING WAY Rosemount, MN 55068MAILING ADDRESS
nelsonsi 7020@outlook.com, nels0401 @gmail.comE-MAIL ADDRESS
__LAKE CLASS
Dead Lake Township
56024300 MarionLAKE NUMBER _
SECTION TOWNSHIP
LAKE NAME
135 040RANGE TOWNSHIP NAME
E-911
ADDRESS
PARCEL
NUMBER 14-000-99-0341-000 39132 Marion Dr S. Richville, MN 56576
LEGAL DESCRIPTIONLOTH ^ M (LrY\S
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT: 1964
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^OUNTY ORDINANCE (Please Check)
[fijShoreland Management Ordinance
CH Sanitation Code
EH Subdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S): Section 6, Subp 4
EH Renewable Energy Ordinance
EH Other_______________
r^^[?(ttached Subsurface Sewage Treatment System Compliance Inspection
EH No septic system on property
7/14/2022Inspection Date;
Page 2
NelsonProperty Owner
Parcel Number 14-000-99-0341-000
E BRIEF ASProposing to replace the existing cabin within the same footprint. At the closest point, the structure will
be placed 1.22 feet from the lot south line and 4.44 feet at the closest point of the north lot line.
The proposed new dwelling will be approximately 50 feet from the ordinary high water level and behind
the building line.
The impervious surface coverage is currently at 33.71%, which will not change as there will be no
additional coverage on the lot.
I UNDERSTAND THAT 1 HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF
OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Ml-U' OO mTimeDate Of Board of Adjustment Hearing
Motion Jeff P. Nelson, Et Al -Variance Application Approved as Requested (6:07 p.m.)
After consideration and discussion, Rick Wilson made a motion, seconded by Darren Newville with Thomas Lee voting
no to approve the variance application to replace the existing cabin being 1.22 at the closest point from the south lotline
and 4.44 feet at the closest point fi'om the north lot line and the impervious surface coverage to remain at 33.71%. This
decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s
findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the
Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval.
The expiration date of this variance approval is September 8, 2027.
hairman/Otter Tail County^ard of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
AtVUll^lld
L R Official/Date
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 082021
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TflIIoo*»TTaieiii0Tt
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: jay, Jeff & Brett Nelson
Address/Parcel No. 39132 Marion Dr. S. /14000990341000
Requested Variance: Proposing to replace the existing cabin within the same footprint. At the clo.sest point, the
structure will be placed 1.22 feet from the south lot line and 4.44 feet from the closest point of the north lot line.
The proposed new dwelling will be approximately 50 feet from the OHWL and behind the building line. The
impervious surface coverage is currently 33.71%. which will not change as there will be no additional coverage on
the lot.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 4
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: The lot size and when the lots were created, they were created smaller
than was required therefore makinR it difficult to meet setbacks.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shail consider the purposes
and intent of the 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. This lot is a substandard lot and they are
not increasing the impervious surface coverage. Replacing structure in the same footprint, except for making the structure taller.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
n No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The proposed structure replacement will be using the existing foundation, it is a substandard lot of record and there is no further
encroachment to the lake and there are similar land uses in the neighborhood.
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....
n No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
There are using the existing foundation for the replacement of the dweiling with adding a 2"^ story.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar land use patterns and use of property In the vicinity of the request and there is no change in the size of the
foundation, just adding a second story.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than Just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The proposed Improvements are to an existing non-conforming structure which will allow updating and modernizing the cabin.
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.
'JHccAetel *Dow>^DATED: September 8, 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.
STAFF REPORT
APPLICANT: Jay, Jeff, and Brett Nelson
APPLICATION: Proposing to replace the existing cabin within the same footprint. At the closest point,
the structure will be placed 1.22 feet from the south lot line and 4.44 feet from the
closest point of the north lot line.
The proposed new dwelling will be approximately 50 feet from the OHWL and behind the
building line.
The impervious surface coverage is currently 33.71%, which will not change as there will
be no additional coverage on the lot.
STAFF WHO COMPLETED REPORT: Elizabeth Plaster
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff
recommends the following conditions be included:
Applicable Ordinances/Statutes
Shoreland Management Ordinance
Section 6, Subp. 4 (D)
D. Additional Structure Setbacks Structures and accessory structures must also meet the
following setbacks, regardless of the waterbody classification:
Table V Additional Structure Setbacks
Setback (ft)Setback from:
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state or county highway 20
Right-of-way line of town road, public street, or other roads not classified.20
10Property Line
Property Line for Accessory Structures equal to or less than 120 ft2
Property Line for Water-Oriented Accessory Structure __________
5
10
Section 8, Subp. 4 (B)
1) Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must
not exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of
a planned unit development, must not exceed 15% of the area of the SIZ.
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.
n
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:
Jeff P. Nelson, Et Al
16204 Fishing Way
Rosemount MN 55068
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 Controis
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 \A/ill assemble for this hearing on
Thursday, September 8, 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. -14000990341000
Lot 11 of Klein & Adams Point
Section 01, Township 135, Range 40
Township Name - Dead Lake
Marion Lake (56-243), General Development (GD)
39132 Marion Dr. S., Richville MN 56576
Lake Name/Number/Class:
Property Address;
The variance requested is the following:
Proposing to replace the existing cabin within the same footprint. At the closest point, the structure
will be placed 1.22 feet from the south lot line and 4.44 feet from the closest point of the north lot
line. The proposed new dwelling will be approximately 50 feet from the OHWL and behind the
building line. The impervious surface coverage is currently 33.71%, which will not change as there
will be no additional coverage on the lot.
. 1///I liusko
Board of Adjustment Secretary
August 25, 2022
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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otter Tail County
CTKA'L Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
Property Address 3Q132 MARION DR. S RICHVILLE, MN 14-000-99-0341-000PIN
Square Footage of Lot
Acres x 43,560
Property Area (from GIS or Survey);0.13 A1Acres 5945
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X ,20 A3 1189A21486.25
List ALL existing other impervious surfacesList ALL existing structure footprint areas
Totai Impervious Surface
Area Description AreaDescription
1052960534B1Driveway/Parking area(s)Dwelling and Attached Garage Total Impervious-Buildings
920194ft^ClPatio/SidewalkDetached Garage Total Impervious-Other
Total Impervious Surface
B1 +C192 1972ft^ft^D1Retaining wall(s)Shed(s)
Total Percent Impervious
(D1 -*-A1)x 100 33.17%ft^ft^ElMiscellaneous Landscaping
192ft^-485.75Deck{s)Recreational Camping Unit
Allowable Total Area Remaining A2-D1 ft^
ft^ft^Other;
Water Oriented Accessory Structure
920 ft^1052 ft^Bi Cl Project being requested:Total Impervious-OtherTotal Impervious-Buildings
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items
1—1 not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(BI ^ Al)x 100
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Date;Int:B2 17.70%
□ El 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 137.00B3
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/ Agriculture, Urban,Tributary Rivers)
75 ft (Transition River)
100ft(NE Lakes)
37.5 ftGeneral Development S1Lake Classification
Shore Impact Zone Area
SI X S2S2 S3 1875 ft^50 ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface
S3 X .15
ft^S4 281.25
List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone
Total Impervious Surface
Description AreaDescriptionArea
0 ft^75 S5 0 ft^Patio/SidewalkBuilding(s)Buildings
75ft^ ft^S6 ft^Deck(s)Other
Total Impervious Surface S5fS6 75ft^ ft^S7 ft^Landscaping/retainging wall(s)
Total Percent Impervious
(S7-^ S3) X 100 4.00%ft^ ft^Driveway/Parking area(s)
ft^ ft^Miscellaneous
Allowable Area Remaining
S4 - S7 206.25
ft^ft^
0 ft^SIZ Total Impervious-BuildingE 35 ft^75S6SIZ Total Impervious-Other 7/1/2021
SignaturePrinted Name
otter Tail County
9^^^,!: Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
14-000-99-0341-000Property Address 30132 MARION DR. S RICHVILLE, MN PIN
Square Footage of Lot
Acres x 43,560
Property Area (from GIS or Survey):A10.13 5945Acres
Total Area Allowed for Buildings
A1 X .20
Total Area Allowed for Impervious Surface
A1 X .25 11891486.25 A3A2
List ALL proposed other impervious surfacesList ALL proposed structure footprint areas
Total Impervious Surface
Description AreaDescriptionArea
Total Existing Impervious-
Other from Page 1
Total Existing Building
Impervious from Page 1
1052 920C1B1
Total Proposed Building Impervious 1052ft^ft^F1Driveway/Parking area(s)Dwelling and Attached Garage
Total Proposed Impervious- Other 920G1Patio/SidewalkDetached Garage
Total Proposed Impervious Surface
FI G1____________
1972H1Retaining wall(s)Shed(s)
Total Proposed Percent Impervious
(HI -<-A1)x100_______
33.17%ft^11LandscapingMiscellaneous
fi^Deck(s)Recreational Camping Unit
Allowable Area Remaining A2 -485.75HIft' ft'Water Oriented Accessory Structure Other:
920 fF1052G1FITotal Impervious-OtherTotal Impervious-Buildings
Percent Building Impervious
(FI rt-A1)x 100 17.70%
Allowable Building Area Remaining
A3 - FI
137.00 ft^
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agricultral. Urban.Tributary River) o -1
75 ft (Transition River)
l00ft(NE Lakes)
37.5 ftGeneral Developnrv kLake Classification
Shore Impact Zone Area
SI xS2 1875S3 ffS250ftAverage lot width in the Shore Impact Zone)
Total Area Allowed for Impervious Surface S3X.15 281.25S4 ft'
List all proposed other impervious surfacesList all proposed structure footprint areas
Total Proposed Impervious Surface
Description AreaDescriptionArea
Total Existing Impervious-
Other (Pg 1)
Total Existing Building
Impervious (Pg 1)750S5ft'S6 ft'
0 ft'fF ft'S8Patio/SidewalkBuilding(s)Proposed Buildings
75 ft'ft'ft'S9Deck(s)Proposed Other
Total Impervious Surface
S8 ^ S9
75 ft'ft' ft'S10Landscaping/Retaining wall(s)
Total SIZ Percent Impervious
(S10+ S3)x 100 4.00%ft'ft'Driveway/Parking area(s)
206.25ft'Micellaneous
Allowable Area Remaining S4-S10 ft'
ft'ft'
75S80ft'S9 ft'Total Impervious-OtherTotal Impervious-Buildings 7/1/2021
ZZ.
DateSignaturePrinted Name
Compliance inspection report form
Existing Subsurface Sewage Treatment System (SSTS)
MINNESOTA POLLUTION
CONTROL AGENCY
520 Lafayette Road North
St. Paul, MN 55155-4194
nm
Doc Type: Compliance anp Enforcement
Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting
documentation - additional local requirements may also apply. Further information can be found here:
I'.tips ;/mvw pea state mn us/'siles/detauil.'files/wq vvwisis4 ,.ila pdf
inspsetor must submit completed form to Local Governmental Unit (LGU) and eyctem owner within 15 daye of final
determination of compliance or noncompliance
Property information Local tracking number:
Local regulatory authority: OtLertail CountyParcel ID# or Sec/Twp/Range: 14000990341000
Property address: 39132 Marion Lake Dr S Richville, MN 56576
Owner s phone: 651-216-9947Owner/representative: Brett Nelson
Brief system description: ^750 gal Holding Tanks
System status
System status on date (mm/dd/yyyy): 7/14/2022
E Compliant - Certificate 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 8 is 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)
G Impact on public health (Compliance component #1) - Imminent threat to public health and safety
G Tank integrity (Compliance component #2) - Failing to protect groundwater
G Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety
G Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater
G System not abandoned according to Minn R. 7080 2500 (Compliance component #3) - Failing to protect groundwater
G Soil separation (Compliance component #5) - Failing to protect groundwater
G Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies
Comments or recommendations
G 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
/ hereby certify that all the necessary information has been gathered to detennine 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 ^f^enfs to be true and comsef, to the best of my knowledge, and that this information
can be used for the purpose of processing this/orm
Certification number 7526
License number 2982
Phone 218-839-1849
Necessary or locally required supporting documentation (must be attached)
Business name: Stoll Inspections Inc.
Inspector signature
r
(This document has been electronically signed)
G Operating PermitG Tank Integrity AssessmentG Locally required formsG Soil observation logs
n Other information (list):
Available in alternative formats
Page 1 of 4
Use your preferred relay servicehrtps://www. pea.state.mn. us
wq-wwi5ts4.31b • 2/11/21
651-296-6300 800-657-3864
1. Impact on public health - Compliance component #1 of 5
Attached supporting documentation;
□ Other:
□ Not applicable
Compliance criteria:
System discharges sewage to the
ground surface
□ Yes E No
System discharges sewage to drain □ Yes 13 No
tile or surface wat^r^.
System causes sewage backup into □ Yes' 0 No
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:
System consists of a seepage pit.
cesspool, drywell, leaching pit,
or other pit?
Sewage tank(s) leak below their
designed operating depth?
Attached supporting documentation:
O Pumped at time of inspection□ Yes’ E No
Name of maintenance business:Hawes
□ Yes' 0 No License number of maintenance business: L3466
Date of maintenance
Q Existing tank integnty assessment (Attach)
Date of maintenance
(mm/dd/yyyyi
7/14/2022
(must be within three years';If yes, vyhich sewage tankfs) leaks: _
Any "yes" answer above indicates the system
is falling to protect groundwater
(See form instructions to ensure assessment complies with
Minn. R. 7082 0700 subp. 4 B (W
I I Tank is Noncompliant (pumping not necessary - explain below)
□ Other Tank Empty
Describe verification methods and results;
use you' preferred ’■eiay service Available m alternative formats
Page 2 of 4
https://www.pca.state.mn.us
wq-wwisrs4-31b • 1/11/21
651-296-6300 800-657-386't
3. Other compliance conditions - Compliance component #3 of 5
3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured?
□ Yes 0 No □ Unknown
3b. Other Issues (electrical hazards, etc) to immediately and adversely impact public health or safety? □ Yes 0 No □ Unknown
'Yes to 3a or 3b 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 Systpm not abandoned in accordance with Minn R 7080 2500?
■Yes to 3c ot 3d System is failing to protect groundwater
Describe verification methods and results:
□ Yes' 0 No
□ Vae' 0 No
Attached supporting documentation; G Not applicable G
4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 0 Not applicable
□ Yes □ No If "yes", A below is requiredIs the system operated under an Operating Permit?
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", this section does not need to be completed.
Compliance criteria;
a. Have the operating permit requirements been met?
b. Is the required nitrogen BMP in place and properly functioning? G Yes Q No
Any "no" answer indicates noncompliance.
Describe verification methods and results;
□ Yes □ No
Attached supporting documentation: G Operating permit (Attach) □
Use your preferred relay service • Available In alternative formats
Page 3 of 4
800-657-3864651-296-6300https;//wv/w. pcD.state, mn. us
wQ-wwists4~31b • 1/11/21
5. Soil separation - Compliance component #5 of 5
E UnknownDate of installation
(mm/dd/yyyy)
0 Yes □ NoShorelandAVellhead protection/Food
beverage lodging?
Attached supporting documentation:
□ Soil observation logs completed for the report (Attach)
□ Two previous verifications of required vertical
separation (Attach)
H Not applicable (No soil treatment area)
Compliance criteria (select one):
5a. For sysltims built piioi to Apiil 1. 1996, O Yes Q No
and not located in Shoreland or Wellhead
Protection Area or not serving a food,
beverage or lodging establishment:
Drainfield has at least a two-foot vertical
separation distance from periodically
saturated soil or bedrock
5b Non-performance systems built April 1, Q Yes D No
1996, or later or for non-performance
systems located in Shoreland or Wellhead
Protection Areas or serving a food,
beverage, or lodging establishment:
Drainfield has a three-foot vertical
separation distance from periodically
saturated soil or bedrock.*
□
Indicate depths or elevations
A. Bottom of distribution rnedja
B. Periodically saturated soil/bedrock
C. System separation
D. Required compliance separation* _____
*May be reduced up to 15 percent if allowed by Local
Ordinance
5c. "Experimental". "Othef. or “Performance" □ Yes □ No
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 failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by
local ordinance If an existing system is not failing as defined in law. and has at least two feet of design soil separation then the
system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more stnct
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 iaw
Use your preferred relay service • Available in alternative formats
Page 4 of 4
https://www.pce.st3te.mn.us
wq-wwists4-31b • 1/11/21
651-296-6300 800-657-3864
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System Drawing
Date & Initial:
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The system drawing must be to s«fe and include aU septic/hoWingrtifl tanks, drainfieWs; wells within 100 feel of system (indicate depth of .
wetlsK dmlKng and non-dweffing stnictures■ lot lin», road right-of-ways., easements,pHWLs, wetlands, and topographic features (i.e. bluffs)..
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ExeeVCompliance Forni lor OTC t/i S/2014 Page 2 ol 2
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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 25th day of August 2022 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Township Clerk Lake AssociationProperty Owner
Cheryl Harris, Clerk
Dead Lake Township
30819 Dead Lake Rd
Richville MN 56576
Marion Lake Association
Jim Kushinski
PO Box 112
Richville MN 56576
Jay, Jeff & Brett Nelson
16204 Fishing Way
Rosemount MN 55068
City Clerk (if located within 2 miles of a city) City of Richville, Leslie Lee, Clerk, 611 3'^“ St. SW, Richville MN 56576
Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaqement@outlook.comre
UJ Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Near Perham):
Eagla^ak^
LidaLl|§
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:
Little l^e & Big Pine:
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1®'Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number OF Notices &
Envelopes to Print
1FileDated: August 25, 2022
Extra 7Amy Busko, Secretary
Otter Tail County Board of Adjustment 6BOA Members__
PC Member_____
Envelopes____19
TOTAL NOTICES TO PRINT____^
I I 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
Affidavit (56-243) 09-08-22.docx
Buffer Parcels •.a
Parcel No Name 1
14000010004001 Raymond & Marcia Moody
AddrlName 2 Addr 2 City St Zip
Richville MN 56576 960739179 Marion Dr 5
Earl 5 Gordon14000010004002 47 9th St N Custer SD 57730 1627
14000990331000 John! Cox 2108 Zuppke DrS Urbana IL 61801 6706
14000990332000 Christine A Gill PO Box 1713 Sioux City lA 51102 1713
14000990335000 Robert C Loerzel Ham Lake MN 55304 65024457 151st Ln NE
Grant R & Mary Ann Colling14000990336000 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 5 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 DrS 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 8i Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
14000990351000 Walter & Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
14000990352000 Walter & Lizetta Beatty Tsts 2508 Mulligan Ln Belleville IL 62220 5004
William J & Audrey Stearns14000990353000 1508 3rd St SW Wadena MN 56482 2119
14000990354000 William J & Audrey Stearns 1508 3rd St SW Wadena MN 56482 2119
14000990355000 Jeffrey & Nancy Bell Tst Et Al 6475 Delaney Ave Inver Grove Heights MN 55076 17
14000990356000 William J & Deanna C Panning 631 Kim Ave Hamburg MN 55339 9451
William J & Deanna C Panning14000990357000 631 Kim Ave Hamburg MN 55339 9451
Monday. August 22. 2022 Page 1 of 2
Parcel No Addr 2 Citv St Zip
Hamburg MN 55339 9451
Addr 1Name 1 Name 2
William J & Deanna C Panning14000990358000 631 Kim Ave
14000990359000 Bb Marion LLC 6939 idsen Ave S Cottage Grove MN 55016 1211
Alexandria MN 56308 220314000990360000 Arlene Neu 609 9th Ave W
Alexandria MN 56308 220314000990361000 Arlene Neu 609 9th Ave W
14000990362000 David & Rebecca Elbert 1st Fargo ND 58104 85023786 Dorothea Ct S
14000990562000 Bb Marion LLC 6939 idsen Ave S Cottage Grove MN 55016 1211
14000990562001 Jeffrey & Nancy Bell 1st Et Al Inver Grove Heights MN 55076 176475 Delaney Ave
14000990563000 Bb Marion LLC 6939 Idsen Ave S 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 Inver Grove Heights MN 55076 176475 Delaney Ave
Paee 2 of 2Monday. August 22. 2022
Buffer Mail
city, State, ZipAddress i Address 2Name
Cottage Grove MN 55016 1211Bb Marion LLC 6939 Idsen Ave S
Lincoln NE 68502 4645Charles R Heinke Et Al 1856 Pawnee St
Omaha NE 68105 1282Grant R & Mary Ann Colling 3601 Jones St Apt 108
Urbana IL 61801 6706John L Cox 2108 Zuppke Dr S
Fargo ND 58104 8502David & Rebecca Elbert Tst 3786 Dorothea Ct S
Sioux City lA 51102 1713Christine A Gill PO Box 1713
Earl S Gordon Custer SD 57730 162747 9th St N
Andover MN 55304 2796Haedtke Tst Et Al 1750 158th Ave NW
Inver Grove Heights MN 55076 17Jeffrey & Nancy Bell Tst Et Al 6475 Delaney Ave
Rosemount MN 55068 1408Jeffrey P Nelson Et Al 16204 Fishing Way
Urbana IL 61801 6706John L Cox Et Al 2108 Zuppke Dr S
Ham Lake MN 55304 6502Robert C Loerzel 4457 151st Ln NE
Dakota City NE 68731 3093Mdcc LLC 770 Dakota Flats Dr
Richville MN 56576 9607Raymond & Marcia Moody 39179 Marion DrS
Alexandria MN 56308 2203Arlene Neu 609 9th Ave W
Hamburg MN 55339 9451William J & Deanna C Panning 631 Kim Ave
Vermillion MN 55085 0023Lorraine Peine PO Box 23
Wadena MN 56482 2119William J & Audrey Stearns 1508 3rd St SW
Belleville IL 62220 5004Walter & Lizetta Beatty Tsts 2508 Mulligan Ln
Page 1 of 1Monday, August 22, 2022
it