HomeMy WebLinkAbout20000100062002_Variances_10-13-2022Dale Received
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HECE/VED
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& RESOURCt
1234082
LYHN R LARSON
OTTER TAIL COUNTY
RECORDER/REOISTRAR OF TITLES
FERGUS FALLS, HN_________PtrrncT'.irr-i ny_________
L&R Initial
!t!!!=5 : THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER 10/21/2022 02:26 PM
FEE: 46.00
PAGES 5L.i R-
I .J APPLICATION FOR VARIANCE^^^'^
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.ottertailcountvmn.us
------Application Fee
Receipt Number %c £Z.~
Ub.
218-639-8147
Reviewed/Accepted By / Date
Myron & Jill Carlson DAYTIME PHONEPROPERTY OWNER
53023 440th Street. New York Mills, MN 56567-9311MAILING ADDRESS
myronc@eot.comE-MAIL ADDRESS
GDLittle McDonald328 .lake CLASS
Edna
LAKE NAMELAKE NUMBER
4013610 TOWNSHIP NAMETOWNSHIPRANGESECTION
E-911
ADDRESS
PARCEL
NUMBER 37639 County Highway 34, Perham20000100062002
LEGAL DESCRIPTIONCommencing at Meander Corner Number 22 on east line of said Section 10, thence N 68 E 208
feet to the west line of Public Access, Thence N 8 E 84.36 feet; thence South 75 44' 30" W 315.8
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT:2003
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)
0Shoreland Management Ordinance
n Sanitation Code
nSubdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S): ^ ^ -
EH Renewable Energy Ordinance
EHother
0Attached Subsurface Sewage Treatment System Compliance Inspection
EH No septic system on property
8-15-2022Inspection Date:
I ^
CarlsonProperty Owner
Parcel Number 20000100062002
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
VARIANCE REQUEST:
Construct a 32.3' x 32' attached garage to existing dwelling. Relocate existing West deck to West side of new garage.
Building lines parallel to dwelling require variance for setback requirements from OHWL and County Highway Right
away. QKvo'- ^ ■R^>vO
I UNDERSTAND THAT I 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.
9-21-2022
signature of property owner / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Sddh/y li,U'QO j)./hTimeDate Of Board of Adjustment Hearing
Motion
Variance Application Approved as Requested (6:18 p.m.) - After consideration and discussion, Thomas Lee made a
motion, seconded by Terry Marthaler and carried to approve the variance to construct an attached garage and relocate the
existing deck being 59.1 feet from the ordinary high water level and 5.9 feet from the road right of way. This decision is based
on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached
to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management
Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance
’oval is October 13, 2027.
hairman/Otter Tail Count^Board of Adjustment
Permit(s) required from Land & Resource Management
i Yes (Contact Land & Resource Management)
No
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
f Kyle Westergard
Asst. Director
: ‘ .
• a I
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;Myron & Jill Carlson
Address/Parcel No. 53023 440*'’ St / 20000100062002
Requested Variance: Construct a 32.3’ x 32* attached garage to existing dwelling. Relocate exi.sting We.st deck to West side of
new garage. Building lines parallel to dwelling require variance for setback requirements from OHWL and Countv Highway
Right away. QHWL setback of 59.1' & R0V\/ setback of 5.9*.
Otter Tail County Ordinance; X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Sec. 6 Subp. 4 A & 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: Going from a seasonal structure to their primary residence, need for a
garage due to type of work.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The land use ordinance allows property owners to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
□ 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 Planning
Commission/Board of Adjustment on-site visits.
3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (The boord 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 topography of the land restricts the suitable area for use being considered.
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 wiii maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar structures in the neighborhood with similar setbacks.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than Just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The topography makes it difficult to meet the requirements.
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.
7^tce4aefDATED: October 13,2022
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
Alex Jon Sam nelson - Cont.
This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings
have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land &
Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration
date of this variance approval is October 13, 2027.
Myron & Jill Carlson -Variance Application Approved as Requested (6:18 p.m.)
Myron & Jill Carlson, Commencing at Meander Comer No. 22 on East Line, Little McDonald Lake (56-328) in Edna Township
requested the following: Construct a 32.3’ x 32’ attached garage to existing dwelling. Relocate existing West deck to West side of
new garage. Building lines parallel to dwelling require variance for setback requirements from OHWL and County Highway Right
Away. OHWL setback of 59.1’ & ROW setback of 5.9’.
Myron & Jill Carlson, property owners represented the variance application.
An email was submitted by Matthew Yavarow. Otter Tail County Highway Department indicating that he has reviewed the
application and has no comment.
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and carried to approve the variance to
constmct an attached garage and relocate the existing deck being 59.1 feet from the ordinary high water level and 5.9 feet from the
road right of way. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the
Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the
Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration
date of this variance approval is October 13, 2027.
JDH Investments LLC -Variance Application Approved as Requested (6:29 p.m.)
JDH Investments LLC, Pt GL 3 Bounded on N By S Ln Felicity on S by N Shore Big Pelican Lake, Pelican Lake (56-786) in Dunn
Township requested the following: Inside dedicated setback. Proposing to construct an addition to the dwelling being 54 feet from the
ordinary high water level.
JDH Investments LLC, Chris Schuler, Century Builders represented the variance application.
An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating that he has reviewed the
application and has no comment.
After consideration and discussion. Rick West made a motion, seconded by Rick Wilson and carried to approve the variance to
construct an addition to the dw elling being 54 feet from the ordinary high w ater level. This decision is based on the Findings of Fact
and Decision Form, which contains the criteria reviewed and the Board’s fmdings have been attached to and incorporated as an
official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance granted
shall expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027.
Brenda Knoll Revocable Li^ ing Trust -Variance Application Approved as Requested (6:35 p.m.)
Brenda Knoll Revocable Living Trust. Lots s2 & 3 BIk 2 of Engstrom Beach, Big McDonald Lake (56-386) in Edna Township
requested the following: We are requesting a 12 foot variance for the road setback to allow us to construct a house addition w ithin 8
feet of the platted road right of w ay.
Brenda & Henry Knoll, property owners and Chris Heyer. Moore Engineering (appeared via teams) represented the variance
application.
An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating that he has reviewed the
application and has no comment. Echo Dockter. Clerk of Edna Tow nship submitted an email indicating that Edna Township has no
objections to the variance request. Cy nthia Wedry k submitted an email in support of the variance as requested.
After consideration and discussion. Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to
construct an addition to the dwelling being 8.2’ from the road right of way. This decision is based on the Findings of Fact and
Decision Form, w hich contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official
part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance granted shall
expire five (5) years from the date of approval. The expiration date of this variance approval is October 13, 2027.
Page I 2 Board of Adjustment
October 13, 2022
STAFF REPORT
Myron & Jill CarlsonAPPLICANT:
Construct a 32.3' x 32' attached garage to existing dwelling. Relocate existing West deck
to West side of new garage. Building lines parallel to dwelling require variance for
setback requirements from OHWL and County Highway Right away. OHWL setback of
59.1' & ROW setback of 5.9'
APPLICATION:
37639 County Highway 34, 20000100062002LOCATION:
LAKE NAME/NUMBER/CLASS: Little McDonald/56-328/GD
STAFF WHO COMPLETED REPORT: Michelle Jevne
[
20000100062002
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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.Placement, Height, and Design of Structures on Lots
Placement of Structures and Sewage Treatment Systems on Lots Structures and accessory structures must be
located to meet all setbacks, and comply with the following OHWL setback provisions:
Table IV Setbacks for Structures on a Lot
StructuresClassification
Natural Ehvironrrient 200
Recreational Developnrient 100
General Development 75
Transition 150
Agriculture, Urban and Tributary 100
A. OHWL Setbacks,
Structures, must meet setbacks described in Table IV from the ordinary high water level (OHWL), except that one
water-oriented structure or facility, designed in accordance with Section 7, Subp. 3 of this ordinance, may be set
back a minimum distance of twenty (20) feet from the OHWL. Subsurface sewage treatment systems must meet
setbacks in accordance with Table II of the Sanitation Code of Otter Tail County.
D. Additional Structure Setbacks Structures and accessory structures must also meet the following setbacks,
regardless of the waterbody classification:
Table V Additional Structure Setbacks
Setback from:Setback (ft)
3bTop of bluff
50Unplatted cemetery
Right-of-way line of federal, state or county highway 20
Right-of-way line of town road, public street; or other roads not classified:20
Property Line 10
Property Line for Accessory Structures equal to or less than 120 ft^5
Property Line for Water-Oriented Accessory. Structure 10
Staff Comments: Based on a review of the application and a site review, Staff offers the following comments:
V .#-/<:: r*.-:s..-
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LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falis, 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:
Myron & Jill Carlson
53023 440'^ St.
New York Mills MN 56567
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter
Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls
Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance
of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, October 13, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application.
Public comments regarding this application can be expressed by mail or emailed to 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. - 20000100062002
Commencing at Meander Corner No. 22 on East Line...
Section 10, Township 136, Range 40
Township Name - Edna
Little McDonald Lake (56-328), General Development (GD)
37639 Co. Hwy 34, Perham MN 56573
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Construct a 32.3’ x 32' attached garage to existing dwelling. Relocate existing West deck to West side of new
garage. Building lines parallel to dwelling require variance for setback requirements from OHWL and County
Highway Right Away. OHWL setback of 59.1' & ROW setback of 5.9'.
Aim Busko
Board of Adjustment Secretary
September 28, 2022
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
NOTESEXISTING CONDITIONS This survey was completed without the
benefit of a title opinion or title commitment.■3, SECTION 10,
I TAIL COUNTY, MN
^DOC. NO. 719076^''
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PAGE 1 OF 2 - EXISTING SRV-22-0130
MYRON CARLSON
PERHAM, MN 56573 MYRON CARLSON
NOTES-PROPOSED CHANGES This survey was completed without the
benefit of a title opinion or title commitment.r 3, SECTION 10,
^ TAIL COUNTY, MN
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C.S.A.H. NO. 34 PAGE 2 OF 2 - PROPOSED SRV-22-0130
MYRON CARLSON
PERHAM, MN 56573 MYRON CARLSON
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
OTTER TAIL Page 1
COUNTY M444CSOTA
37639 County Hwy 34, Perham, MN 5657 20000100062002PINProperty Address
Property Area (from GIS or Survey);Square Footage of Lot
Acres x 43,560
ft^0.36 A1Acres 15592
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X.20A2ft^3118.4A33898
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Total Impervious Surface
Description Area Description Area
1100 ft^828 1100B1Dwelling and Attached Garage Driveway/Parking area(s)Total Impervious-Buildings
ft^63 2591ClDetached Garage Patio/Sidewalk Total Impervious-Other
Total Impervious Surface
B1 +C1
ft'3691D1Shed(s)Retaining wall(s)
Total Percent Impervious
(D1 -*-A1)x100 23.67%fp 648 ft^E1Miscellaneous Landscaping
1036 ft=feRecreational Camping Unit Deck(s)207 ^Allowable Total Area Remaining A2-D116 fPft'Other:concrete pQWater Oriented Accessory Structure
1100 ft^2591 ft'B1 Cl Project being requested:Total Impervious-Buildings Total Impervious-Other
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items I—I not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
{B1 +A1)x100
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Date:Int:B2 7.05%
□ 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 2,018.40B3
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
S1 xS2S2 5287.5S3141ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface S3X.15 S4 ft'793.125
List all structure footprints In the Shore Impact Zone List ail other impervious surfaces in the Shore Impact Zone
Total Impervious Surface
Description Area Description Area
ft'ft'S5 if0Patio/SidewalkBuilding(s)Buildings
ft'ft'S6 29Deck(s)Other
Total Impervious Surface
S5 + S613 fPft'S7 29Landscaping/retainging wall(s)
Total Percent Impervious
(S7+ S3) X 100
ft'0.55%ifDriveway/Parking area(s)
if ifMiscellaneous
Allowable Area Remaining S4-S7 764.125concrete pad 16if if
0 ft"SIZ Total Impervious-Buildings S5 .56 ft'29SIZ Total Impervious-Other 7/1/2021
/
XUPrinted Name Signature
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
37639 County Hwy 34, Perham, MN 565^20000100062002PINProperty Address
Property Area {from CIS or Survey):Square Footage of Lot
Acres x 43,560
ft^0.36 A1Acres 15592
Total Area Allowed for Impervious Surface
A1 X.25
Total Area Allowed for Buildings
A1 X .20
A2 ft= ft=A3 3118.43898
List ALL proposed structure footprint areas List ALL proposed other impervious surfaces
Total Impervious Surface
Description Area Description Area
Total Existing Building
Impervious from Page 1
Total Existing Impervious-
Other from Page 11100 ft=2591B1C1
Total Proposed Building Impervious1034 2134-348 F1Dwelling and Attached Garage Driveway/Parking area(s)
Total Proposed Impervious- Other-63 1741G1Detached Garage Patio/Sidewalk
Total Proposed Impervious Surface
FI tG1________________
3875fFH1Shed(s)Retaining wall(s)
Total Proposed Percent Impervious
(H1 -»-A1)x100_______
-252 fF 24.85%11Miscellaneous Landscaping
-187ft=Recreational Camping Unit Deck(s)
Allowable Area Remaining A2 23H1
ft^Water Oriented Accessory Structure Other
17412134FIG1Total Impervious-Buildings Total Impervious-Other
Percent Building Impervious
(F1 -!-A1)x 100 13.69%
Allowable Building Area Remaining A3-FI 984.40
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agricultral, Urban,Tributary River) o d
75 ft (Transition River) ‘
100 ft (NE Lakes)
37.5 ftLake Classification General Development
Shore Impact Zone Area
S1 xS2 5287.5S3S2141ftAverage lot width in the Shore Impact Zone)
Total Area Allowed for Impervious Surface S3X.15 793.125S4 fF
List all proposed structure footprint areas List all proposed other Impervious surfaces
Total Proposed Impervious Surface
Description Area Description Area
Total Existing Building
Impervious (Pg 1)
Total Existing Impervious-
Other (Pg 1)0 fF 29 fFS5S6
0 fFfF fF S8Building(s)Patio/Sidewalk Proposed Buildings
16 fFfF fF S9Deck(s)
Proposed Other
Total Impervious Surface
S8 + S9 16-13 ft^ft^ft^S10Landscaping/Retaining wall(s)
Total SIZ Percent Impervious (S10fS3)x100 0.30%fF fFDriveway/Parking area(s)
ft^ ft^Micellaneous 777.125Allowable Area Remaining S4-S10 fF
ft^ ft^
16S80ft^i9Total Impervious-Buildings Total Impervious-Other 7/1/2021
Dati IsignalPrinted Name ure
Compliance inspection report form
Existing Subsurface Sewage Treatment System (SSTS)vm MINNESOTA POLLUTION
CONTROL AGENCY
520 Lafayette Road North
St. Paul, MN 55155-4194 Doc Type: Compliance and 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:
https://www.pca.state.mn.us/sites/default/riSes/wq-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 noncompliance.
Property information Local tracking number:
Parcel ID# or Sec/Twp/Range: 20000100062002 ___
Property address; ^37639 Cty hwy 34, Perham, MN 56573
Owner/representative: Myron Carlson____________
Brief system description: 1000 gal, tank to 500 lift tank to rock trench drainfield.
System status
Local regulatory authority: Ottertail County
Owner’s phone: 218-639-8147
System status on date (mm/dd/yyyy); 8/15/2022
IS 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 14SA.04,
subdivision 8 is discovered or a shorter time frame exists
in Local Ordinance.)
*Note: Compliance indicates conformance with Minn.
R. 7080.1SOO as of system status date above and
does not guarantee future performance.
Reason(s) for noncompliance (check ail applicable)
□ 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 Conditions (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 (Compliance component #5) - Failing to protect groundwater
□ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies
Comments or recommendations
n 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.Q4 subdivision 8.
Systems failing to protect ground water must be upgraded,
replaced, or use discontinued within the time required by local
ordinance.
Certification
I 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 statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this fof^)/ ^
Business name: Stoll Inspections Inc.
Inspector signature:______________
«»•Certification number; 7526
License number; 2982
(This document has been eleclronically signed)Phone: 218-839-1849
Necessary or locally required supporting documentation (must be attached)
□ Operating PermitI3 Locally required forms □ Tank Integrity Assessment^ Soil observation logs
□ Other information (list):
Available in alternative formats
Pagel of 4
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wq-wwists4-31b • 1/11/21
F •
1. Impact on public health - Compliance component #1 of 5
i Compliance criteria:
System discharges sewage to the
ground surface
Attached supporting documentation:
□ Other: ____________________
O Not applicable
i:
□ Yes" S No
System discharges sewage to drain □ Yes' S No
tile or surface waters,_________________
System causes sewage backup into |DYes‘ |^No
dwelling or establishment.i
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□ Yes H NoSystem consists of a seepage pit,
cesspool, drywell, leaching pit,
or other pit?_______
;■
Name of maintenance business:Hawes
□ Yes' 0NoSewage tank(s) leak below their
designed operating depth?
License number of maintenance business: L3466
8/15/2022Date of maintenance;
□ Existing tank integrity assessment (Attach)
Date of maintenance
(mm/dd/yyyy):(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 -.i,
Describe verification methods and results:
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wq-wwists4-31b • 1/11/21
3. Other compliance conditions - Compliance component #3 of 5
3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured?
□ Yes' B No □ Unknown
3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes’ B No □ Unknown
*Yes to 3a or 3b - System /s 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?
’Yes to 3c or 3d - System is failing to protect groundwater.
Describe verification methods and results:
□ Yes' B No
□ Yes' 0 No
Attached supporting documentation: □ Not applicable □
4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 13 Not applicable
Is 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 PracticefsJ 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 properiy functioning? □ Yes □ No
Any “no” answer indicates noncompliance.
Describe verification methods and results:
□ Yes □ No If "yes", A below is required
□ Yes □ No
Attached supporting documentation: Q Operating permit (Attach) G
Use your preferred relay service * Available in alternative formats
Page 3 of4
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wq-wwists4-31b • 1/11/21
5. Soil separation - Compliance component #5 of 5
□ UnknownDate of installation 11/20/2003
(mm/dd/yyyy)
13 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 treatment area)
Shoretand/Wellhead protection/Food
beverage lodging?
Compliance criteria (select one):
5a. For systems built prior to April 1, 1996,
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. _________
□ Yes □ No‘
□
S Yes □ No‘Indicate depths or elevations
A. Bottom of distribution media
bb.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-fbot vertical
separation distance from periodically
saturated soil or bedrock.*
!I 32"
>68"B. Periodically saturated soil/bedrock
C. System separation ________
D. Required compliance separation*
>36"
36"
*May be reduced up to 15 percent if allowed by Local
Ordinance.
□ Yes □ No'5c. “Experimental", “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.____________
■r'Jhc—.
"Any "no” answer above indicates the system is
failing to protect groundwater.
Describe verirication methods and results:
zo"
\ \0^r
ijo"
Upgrade requirements: (Minn. Stat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced,
or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the
system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by
local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the
system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict.
This provision does not apply to systems in shoreland areas. Wellhead Protection Areas, or those used in connection with food,
beverage, and lodging establishments as defined In law.
https://www.pca.5tate.mn.us
wq-wwists4-31b • 1/11/21
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Page 4 of 4
651-296-6300 800-657-3864
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Sepdn'c 1.0 Co/v)f^l)c.nceAdditional Comments;
SsnSCSBnaBencsPmntarOTO 4n4MM7
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 29th day of September 2022 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
)
Lake AssociationTownship ClerkProperty Owner
Little McDonald Lake Association
PO Box 117
Perham MN 56573
Echo Dockter, Clerk
Edna Township
PO Box 114
Dent MN 56528
Myron & Jill Carlson
53023 440‘^’ St.
New York Mills MN 56567
City Clerk (if located within 2 miles of a city) None
Otter-Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaaement@outlook.eem(Q
lU 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
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist,, PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp, Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist,, PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Little Pine & Big Pine:
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
^ulie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County H\Ary 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: September 29, 2022
Extra 7_____
BOA Members__
PC Member_____
Envelopes____H
TOTAL NOTICES TO PRINT____26
[~~| Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
Amy Busko, Secretary
Otter Tail County Board of Adjustment 6
1 MinutesBy:
Amy Busko
https.7/ottertailmn.sharepoint,com/sites/LandResources/Sh
Myron Affidavit (56-328) 10-13-22.docx
■
-’^-. . .
■Buffer Parcels
Parcel No Addr 2 Citv St ZioAddrl
37600 County Highway 34
Name 1 Name 2
Perham MN 56573 8614Daniel D & Frances N Gleason20000100062000
New York Mills MN 56567 9311Myron L & Jill M Carlson 53023 440th St20000100062002
Stephen S & Connie K Berry Dent MN 56528 92452000010006200328578 State Highway 108
Perham MN 56573 8614Donald & Dolores M Bernauer20000100062004 37654 County Highway 34
Perham MN 56573 8614James W & Julie E Peters 37732 County Highway 3420000100062005
Saint Paul MN 55155 4045State Of Minnesota20000100062006 PO Box 45Attn Tax Specialist
Perham MN 56573 8613Haider Tst 37759 Mallard Loop20000990720000
New York Mills MN 56567 9139Kenneth H Huebsch20000990721000 38543 470th Ave
New York Mills MN 56567 9027Tim & Jodi Ericksrud Tst Etal 38149 560th Ave20000990722000
Perham MN 56573 8614Donald 8i Dolores M Bernauer20000990723000 37654 County Highway 34
Page 1 of 1Thursday. September 29. 2022
S
Buffer Mail i
city, State, ZipAddress i Address 2Name
Donald & Dolores M Bernauer Perham MN 56573 861437654 County Highway 34
Stephen S & Connie K Berry DentMN 56528 924528578 State Highway 108
Myron L & Jill M Carlson New York Mills MN 56567 931153023 440th St
Daniel D & Frances N Gleason Perham MN 56573 861437600 County Highway 34
Haider Tst 37759 Mallard Loop Perham MN 56573 8613
Kenneth H Huebsch New York Mills MN 56567 913938543 470th Ave
James W & Julie E Peters Perham MN 56573 861437732 County Highway 34
State Of Minnesota Saint Paul MN 55155 4045PO Box 45
Tim & Jodi Ericksrud Tst Etal New York Mills MN 56567 902738149 560th Ave
Page 1 of 1Thursday, September 29, 2022
Amy Busko
Matthew Yavarow
Monday, October 3, 2022 11:05 AM
Amy Busko
Chris LeClair
Board of Adjustments - October 13th Meeting
From:
Sent:
To:
Cc:
Subject:
Amy,
The Highway Department has reviewed the variance requests for the October 13, 2022 meeting and have no comments.
Thanks,
Matthew Yavarow, PE
Asst. County Engineer
Highway Department
505 South Court Street, Suite 1
Fergus Falls, MN 56537-2757
Direct 218-998-8497 | Office 218-998-8470
ottertailcountymn.us
OTTER TAIL
COUNIY - MiNNtSOtA
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-mail and destroy all copies of the original message.
1
flKmM»,» 9fl-<VV^flflAMTY pSaD ^
^ 1nd*vh»w<l ffll to ioh^t TOAontft ...............MMw»*o^^o«ocro Cojav#»MM:*a4 _ .. 'JPw «v-! _ .iOFFICE OF COUNTV RECORDER
OTTER TAIL COUNTY, MN
ta W^Ll CFRT1Fi''^ rr ir^''riv'cp
I
‘
Mo delinquent taxes and tarsnsfer entered; Certificate
of Heal Estate Value ( filed ( ) not required
Certificate of ^tate Value Mo.
i:!sl9
i
LAk c' ; '.!County Auditor
• V.;; i; C:-:
Deputy
__________^.JlV
STATE DEED TAX DUE HEREON: $ 72.^0
August &0 .19 91Date:Vi (reserved for recording data)
FOR VALUABLE CONSIDERATION, Phillip J. Krueger and Hanev A. Krueger, husband and wife :
.Gran tor (s).
(marital atatus)
hereby convey (s) and warrant (a) to Mvron L, CarlscBi and Jill M. Carlson
_____" ~ , Grantees as joint itenants, real property In Ottertall_____________________________ County, Minnesota, described as follows:
lhat part of Govt, lot 3 Section 10, Toimshlp 136, Range 40 descried as follcms:
I Cooinencing at Meander Comer Nunber 22 on the east line of said section ten; thence N 68
E 208 feet to the west line of Public Access; thence N 8 E 84.36 feet; thenc^e S 75 -44'
-30" W 315.8 feet; tlienoe S 59 -50’ -30" W 179.23 feet; thence S 48 -35' W 555 feet;
thence S 54 -C)l' W 850 feet; thence S 85 -24’ -30" W 461 feet to the point of beginning;
thence S 84 -53' -30" W 150 feet; thence N 6 -05’ -30" W 90 feet more or less to the
shoreline of Little McDonald Lake; thence easterly can said shoreline to the intersection
of a line projected at N 15 -27' -58" E 140 feet more or less to point of beginning.
i
1
i
(if more space is neaded, continue on back)together with all hereditaments and appurtenances belonging thereto, subject to thr following exceptions:!
1
I
County Of Otter Tail
State of Minnesota
DEED TAX ....
No.^?2iZ5
I PhAllip'J.
Nancy At^^^fcajeger
!ger
TDale
STATE OF MINNESOTAII
COUNTY OF Ottertall
this ? O day of August
. Husbsiui and VfLfe-------------The foregoing instru.nent was acknowledged before me
Phillip J. Kruei^r and Nanev A. Krue^r
I
by
NOTARIAL STAMP OR SEAL (OR OTHER TITLIs OR R ANK)
•f*
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statementa for the real property desarlbad 1 be sent to (Include name and address of Otaotee):
;WILLIAM A. PARKS NOTARY PU8L1C-MINNES0TA
OrrER TAIL COUNTY My Coninmion r.::picn MAROi 2S, 1992
i .In this Instrument shouldIii^fyrcn L. and Jill Carlson
Rt. 2, Box 188
New York Mills, MI. 56567 ., . jTHIS INSTRUMENT WAS DRAFTED DY (NAME AND AbbRESS)!
Derinls W. Heqypel Attorney at liiw
i 100 Second AManue Sovichwest
P.O. Box 157
Berhatn, MT.
mas
. !
I
'i
:■'II
I!____