HomeMy WebLinkAbout08000090065010_Conditional Use Permits_08-12-2003'^'U-03 uK
OTTER TAIL COUNTY
Conditional Use Permit # (oOii______:
Hay^VCi^ 6"S'3^ (
)wner’s Name
address
ocation: Lake Ho.^S3^ ^ Twp. lyi Range Twp. Name 6^facfor
ng-OoO' ^-06ks:--o( o
i^f ( lOM _____________
A/orkAuthorized:^! ry<ukMt(K, De4-o-di jro/^vkon^ />n Aj>,:>lica^'HonT
asi6<iExpires:Issued:
Land and Resource Management Official AfnI IS^&Earthmoving shall be done between
Entire area shall be stabilized within 10 days of the completion of any earthmoving.
Owner is legally responsible for all surface water drainage that may occur.
No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of
Natural Resources.
If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done,
and shall be maintained there until completion of such work.
NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271, WHEN AUTHORIZED
WORK HAS BEEN COMPLETED.BK-1099-046
298.111 • Vidor Lundtcn Co.. Printsrs • Forgus Falla, MN * 1 •800'34&-4e70
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AI & Genelle Sather
50045 Leek Lake Bend
Vergas, MN 56587
Project Summary
Conditional Use Permit Application
Topographical Alteration
Fill Swale
To improve lake access, applicant proposes to install approximately 300 cubic yards of
fill within an area measuring 67’ wide by 60’ deep located between 80’ and 140’ from the
OHW of Leek Lake. Special design features were implemented to address issues
concerning runoff/sediment control, loss of infiltration area and stormwater detention.
Runoff/Sediment Control
The design utilizes natural topography to eliminate project-related runoff and sediment
firom discharging into Leek Lake. This is accomplished through restricting all fill
material to ah area behind and below an existing natural ridge which completely
separates the project area fi'om the lake. All fill material will be restricted to a minimum
of 10’ to 25 ’ behind and 8” to 20” below the top of the ridge.
Loss of Infiltration Area and Stormwater Detention
A stormwater detention area with a maximum pool depth of 1.29’ provides 660 square
feet of additional infiltration area - 10% more than the total infiltration area lost due to
placement of the fill. A design runout elevation of 91.92’ (assumed datum) assures all
runoff will be maintained behind and below the existing natural ridge without overflow
of the containment area.
Re-grade Parking Area
The applicant also proposes to re-grade a 35’ x 40’ unpaved overflow parking area
adjacent to the township road. The re-grade will help alleviate road shpuldef erosion on
Leek Lake Bend by redirecting runoff away from the steep road slopes and toward a
natural detention area. To reverse the direction of runoff from this area, movement of
1.3’ to 1.9’ fi-om the high side toward the low side of the parking area is required.
As with the swale fill project, erosion control measures including installing a temporary
silt fence and seeding/mulch would be implemented until the soil is stabilized.
928473
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that this instrument # 5)^8473
was fiied/recorded in this office
for rec
0^prd on the AO day of
2003 atYQCVanwm
iy Lv Metcalf, County Reccirddr
^ ftBcordlnd 1e^
well certificate
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Deputyby:
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537
(218)739-2271
COMPLETE THIS APPLICATION IN BLACK INK***
Accepted By / Dele
PHONE (lio3)S4/-95n5
Application Fee.
Receipt Number
Al j Qeine,(l< 3eCii^PROPERTY OWNER DAYTIME
ADDRESS/3 5 A^/4L. h).F: //
LAKE NUMBER £^'539^ LAKE NAME/i^g^ (T/aujhrUjA LAKE CLASS Rh
SECTION. 0^_____TOWNSHIP /5?A/ RANGE V/ Ul/ TOWNSHIP NAME
/w./
E-911 ADDRESS^'^t^^/2- Eey\JPARCEL NUMBER ^
PT GL 4 COM SW COR SEC 9, E
453.36' TO PT BG, N 735', 453.35', N 262.41', E 680.10', S 5 DEG E 436.04', S 30 DEG E 537.5' TO i.,K. SWLY ALG LK TO
S LN SEC 9, W 390.9' TO BG
LEGAL DESCRIPTION w
16- IcSlfiC.)
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
^topographical Alteration (2) Commercial Use (3) Cluster Development (4) Extractive Use (5) Industrial Use
(6) Forest Land Conversion (7) Miscellaneous
EXPLAIN YOUR REQUEST c/ .'Ho.cJUJ a>4a.
I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
1^
SIGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
BK-0600-006 305.909 • Victor Lundeen Co.. Printers • Fergus Falls. MN • 1-800-346-4870
'?■ 30Date Of Planning commission Hearing Time
Planning Commission Motion
April 23, 2003:
Motion: A motion by Trites, second by Boyer to approve provided: 1. A minimum of 12”
of separation between the ridge and the fill is maintained. 2. The area is hydroseeded &
an erosion control fence is installed within 24 hours of completing the fill (the erosion
control fence remains until the area is vegetated). 3. Appropriate erosion control
measures are installed. 4. The cross section of the waten/vay shall be configured at a
negative grade from the intersection of the waterway & the ridge, extending landward a
minimum of 15’.
\oA
Chairman/Otter Tail County Planning Commission
County Board Action
\/ Approved As Recommended
Denied As Recommended
Other
(o^ <3^00.^
Dae of Final ActionChairman/Otter Tail County Board of Commissioners
4o27 Sj)£kj
L & R Official / Date'
CONDITIONAL USE PERMIT#
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management
Copy of Application Mailed to Applicant And MN DNR
No
T
Cowi Use
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A1 & Genelle Sather
50045 Leek Lake Bend
Vergas, MN 56587 {iko
Project Summary
Conditional Use Permit Application
Topographical Alteration
Fill Swale
To improve lake access, applicant proposes to install approximately 300 cubic yards of
fill within an area measuring 67’ wide by 60’ deep located between 80’ and 140’ from the
OHW of Leek Lake. Special design features were implemented to address issues
concerning runoffisediment control, loss of infiltration area and stormwater detention.
Runoff/Sediment Control
The design utilizes natural topography to eliminate project-related runoff and sediment
fi'om discharging into Leek Lake. This is accomplished through restricting all fill
material to ah area behind and below an existing natural ridge which completely
separates the project area from the lake. All fill material will be restricted to a minimum
of 10’ to 25’ behind and 8” to 20” below the top of the ridge.
Loss of Infiltration Area and Stormwater Detention
A stormwater detention area with a maximum pool depth of 1.29’ provides 660 square
feet of additional infiltration area - 10% more than the total infiltration area lost due to
placement of the fill. A design runout elevation of 91.92’ (assumed datum) assures all
runoff will be rhaintained behind and below the existing natural ridge without overflow
of the containment area.
Re-grade Parking Area
The applicant also proposes to re-grade a 35’ x 40’ unpaved overflow parking area
adjacent to the township road. The re-grade will help alleviate road shoulder erosion on
Leek Lake Bend by redirecting runoff away from the steep road slopes and toward a
natural detention area. To reverse the direction of runoff from this area, movement of
1.3’ to 1.9’ from the high side toward the low side of the parking area is required.
As with the swale fill project, erosion control measures including installing a temporary
silt fence and seeding/mulch would be implemented until the soil is stabilized.
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone:(218) 739-2271
Court House
FERGUS FALLS, MINNESOTA 56537
July 2, 2001
Al Sather
138 JandelAveNE
Hanover MN 55341
RE; Conditional Use Permit (CUP) #5845, Leek Lake (56-532)
Dear Mr. Sather:
On June 28, 2001, I inspected your easement road construction (CUP #5845) project in
response to your June 25, 2001 telephone call. My inspection revealed that some of the
temporary erosion control measures we discussed on May 25, 2001 had been implemented.
Specifically, the silt fence and some erosion control blanket had been installed.
I am concerned, however with the steep (appear greater than 3:1) inslopes of this road from
both a safety (if a driver loses control of his/her vehicle) and a permanent stabilization
(revegetation) perspective. I am also concerned that no attempt had been made to place
temporary erosion control on these inslopes.
Since this is the case, you should reduce the slope (3:1 or less) of the inslopes and install
appropriate temporary erosion control (as discussed on May 25, 2001) on or before July 20,
2001.
If you have any questions regarding this matter, please contact our Office.
Sincerely,
Bill Kalar
Administrator
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MEMO
OTTER TAIL COUNTY ATTORNEY
218/739-2271, Ext. 200
/]
TO:MARSHA BOWMAN
RECEIVEDFROM:DAVID HAUSER
JUN 2 8 2001DATE:6-23-01
UND& RESOURCERE:Allen Sather easement
I have reviewed the easement documents that you sent me, and it is clear that there is a new
easement at another location. It appears that it was the intention of the parties to vacate the
existing easement although it does not say so specifically. It is clear, however, that that was the
intention because of the replacing an interim easement. Also, the property owner benefited from
the existing easement joined in the creation of the new easement.
It is the new easement only which should be subject to the setback requirements.
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882833 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was filed/recorded in this office
for recoj^ on the ^ day of
____2001 at il
TRANSFER ENTERED
^ oLOO/
(Year)
Wayne Stein, County Auditor
882833
Deputy
By:well certificate
/W/v\ T Ca
QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $1.65
2001Date
FOR VALUABLE CONSIDERATION, the Grantors, Allen H. Sather and Genelle M.
Sather, husband and wife, each in his and her own right and as spouse of the other,
do hereby convey and quit claim to the Grantee, Sandra L. Brownstein, a single person,
real property situated in Otter Tail County, Miimesota, described as follows:
See legal description on Exhibit A attached hereto.
Together with all heredit^ents and appurtenances belonging thereto.
Consideration on this transaction is less than $500.00.
X The Grantor certifies that she does not know of any wells located on the described real estate.
A Well Disclosure Certificate accompanies this document.
The Grantor certifies that the status and number of well(s) on the described real estate has not
changed sirtce the last previously filed Well Disclosure Certificate.
■ \
Allen H. Sather Genelle M. Sather
COUNTY OP OTTBB TAIL
STATE OF MINM^ipTA
deed! TAX —
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STATE ^
) SS.
COUNTY OF
I, the undersigned Notary Public in and for said State, do hereby certify that Allen
H. Sather and Genelle M; Sather, husband and wife, each in his and her own right and as
spouse of the other,* personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day in person rind
acknowledged that they signed, sealed and delivered said instrument as their free and
voluntary act, for the uses and purposes therein set forth.
Given under my hand and Notarial seal this day of 2001.
/;
SHANE W-ZIMMFRMAN |
______,Notary PublicMv commission expires: S/t 20^-5~
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Mail tax statements to:
No change.
Prepared by:
Minnesota Title & Closing Company
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56501
Telephone: (218) 847-1297
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EXHIBIT AI
ALSO MI'UlifN INCUJDIiD and SUBJIiCI’ l O is a 33.00 foot wide casement
for driveway purposes over, under and across part of tlie above described tract, part of
said Government Lot 4 and part of the Southeast Quarter of the Soutiieasl Quarter of
Section 8 of said Townslu’p 137 North, Range 41 West. The centerline of said 33.00 foot
wide driveway easement is described as follows:
Beginning at the afore mentioned Point C; thence South 80 degrees 09 minutes 4?
seconds West 318.74 feet; thence North 86 degrees 36 minutes 57 seconds West 100.00 ^
feel; thence southwbsterly on a curve concave to the southeast, having a central angle of
90 degrees 35 minutes 30 seconds and a,radius of 120.00 feet, for a distance of 189.74
feet (chord bearing South 48 degrees 05 minutes 18 seconds West); thence Soulli 02
degrees 47 minutes 33 seconds.West 85.00 feet; thence southwesterly on a curve concave
to the northwest, haying a central angle of 90 degrees 00 minutes 00 seconds and a radius
of 50.00 feet, for a distance of 78.54 feet (chord bearing South 47 degrees 47 minutes 33
seconds West); thence North 87 degrees 12 minutes 27 seconds West 270.06 feet to tlie
west line of said Section 9; thence continuing North 87 degrees 12 minutes 27 seconds
West 50 feet, more or less, to the centerline of said existing public road and said.33.00
foot wide driveway easement centerline there terminates. At the point of beginning of
said 33.00 foot wide driveway easement centerline the sidelines of said easement shall be
prolonged or shortened to terminate on a line which liears North 30 degrees 44 minutes
48 seconds West and South 30 degrees 44 minutes 48 seconds Hast from said point of
beginning. At the point of tcrminnt inn of said easement centerline the sidelines of said
easement shall he. prolonged or shortened to terminate on Hie centerline of said existing
nnblic road.
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Q •OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 882834
^his office
etcalf, County Re
882834
this instrument #_
was flled/recorded i
for reco^on the
mi
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Wei rby:Pepotr'L5v6bd2>,f^rciir§ fee (
.well certificate
EASEMENT AGREEMENT
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2001Date:
This Agreement made and entered into this JLj'"- day of
by and between the Gr^tors, Allen. H. Sather and Genelle M. Sather, husband, and
wife, husband and wife, each in bis and her own right and as spouse Of the other,
and the Grantee, Sandra Brownstein, a single person, and as follows:
The Grantors are the owners of a tract of land located in Otter Tail County,
Minnesota which adjoins the lands of the Grantee and the Grantors and the Grantors, in
consideration of One Dollar and other good and valuable consideration in hand paid,
hereby grant to the Grantee, her heirs and assigns, the non-exclusive easement of ingress
and egress to the tracts of the Grantees’ land, in over and upon that part of said land of
the Grantors described as follows:
See easement description attached hereto;
; together with the right to maintain and improve the roadway currently situate thereon and
to install utility lines thereon; provided, however, that any damage caused to the existing
roadway by Grantee, her heirs or assigns, shall be repaired at the expense of the Grantee
or her heirs and assigns.
., 2001,
To have arid to hold said easement unto said grantees, their heirs and assigns
forever as appurtenant to said tracts of land of the Grantor and the Grantee.
In witness ^whereof, the Grantors and the Grantee have hereunto set their hands
the day and date fir^t above written.
11
Afandra L. BrownsteinAllen H. Sather
Genelle M. Sather
I
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Part of Government Lot 4 of fr. Section 9,
Township 137 North, Range 4] West of the Fifth Principal Meridian,
Candor Township, Otter Tail County, Minnesota
ACCESS EASEMENT (Interim Replacement dated May 15, 2001)
NOTE: This eaBement is provided as cm interim replacement for the
access easement of record across these certain pa^ts of
Government Lot 4 of fractional Section 9, Tounship IS? Njrth,
Flange 41 West of the Fifth PHnaipdl Meridian, Otter Tail Countyt
Minnesota, which ax^e libeled' Tracts h-1 and H-Z on the Cirtificate
of Survey prepared by Boy A. .Smith, RLS, updated most reiently
June 12, 2000,
Access will be provided for Tracts H-1 and H--2 across Tract H-1 along
the route indicated on attached Exhibit A (said Exhibit A beiig a
reduction of the road layout prepared by Robert J, Roberts & \ssociates,
Inc., Consulting Engineers and Land Surveyors, most recently jpdated
April 12, 2001, and approved by the Otter Tail County Planning Commission
at its meeting April 18, 2001), Upon completion of construction of said
access road, a final easement will be prepared and filed to iiclude a
33-foot right-of-way, 16.5 feet each side of the as-built center line.
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' . EXHIB-IT A for ACCESS EASEMENT (Interim Replacement dated May 15, 2001)
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STATE OF
COUNTY OF
) SS.
3
The undersigned Notary Public does hereby certify that Allen H. Sather and
Genelle M. Sather, husband and wife, each in his and her own right and as spouse of
the other, personally known to me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and acknowledged that
they signed, sealed and delivered said instrument as their free and voluntary act, for the
uses and purposes therein set forth.
Given under my hand and notarial seal this^-^ day of , 2001.
I rV
Notary Public
My commission expires: 3 h
COUNTY OF f^^j(0hj
l=±__)STATE OF
) SS.
3
The undersigned Notary Public does hereby certify that Sandra L. Brownstein, a
single person, personally known to me to be the same person whose name is subscribed
to the foregoing instrument, appeared before me this day in person and acknowledged
that she signed, sealed and delivered said instrument as her free and voluntary act, for the
uses and purposes therein set forth.
leal thisGiven under mv hand
I idiK TWfiAM. SUH®.
S NOTAFYPUBLIC-MB®CSOIA
S MyConunlsslonExpltwJaii.31,2005
.,2001.
f;'3S3SS
My commission expires:.
This document prepared at the
request of Allen H. Sather by:
Minnesota Title & Closing Company
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56501
ROY A. SMITH & ASSOCIATES, INC.
LAND SURVEYING AND CONSULTING ENGINEERING
County Surveyor for Becker County 522 West Main Street
Detroit Lakes, Minnesota 56501
218-847-4289
218-846-1945 fax
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RECtH^VEO
JUL 1 3 2000
WNDS RESOURCE:'.Sandy Brownstein -- Tract H-1 (westerly 10.65 acre tract)
Land description;
That part of Government Lot 4 of Section 9, Township 137 North, Range 41 West
of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows:
Commencing at a found iron nionument which designates the southwest comer of
said Section 9; thence South 89 degrees 12 minutes 30 seconds East 453.36 feet on an
assumed bearing along the south line of said Section 9 to an iron monument, said point is
the point of beginning; thence North 00 degrees 01 minute 33 seconds West 298.89 feet
to an iron monument; thence continuing North 00 degrees 01 minute 33 seconds West
436.11 feet; thence North 89 degrees 12 minutes 30 seconds West 453.35 feet to the west
line of said Section 9; thence North 00 degrees 01 minute 33 seconds West 262.41 feet
along the west line of said Section 9 to an iron monument; thence South 89 degrees 48
minutes 23 seconds East 25.00 feet to an iron monument; thence continuing South 89
degrees 48 minutes 23 seconds East 655.10 feet; thence South 05 degrees 02 minutes 16
seconds East 436.04 feet; thence South 30 degrees 44 minutes 48 seconds East 53.20 feet
to an iron monument; thence continuing South 30 degrees 44 minutes 48 seconds East
149.58 feet to an iron monument; thence continuing South 30 degrees 44 minutes 48
seconds East 88.92 feet to a point hereinafter referred to as Point C; thence continuing
South 30 degrees 44 minutes 48 seconds East 97.43 feet to an iron monument; thence
continuing South 30 degrees 44 minutes 48 seconds East 133.37 feet to an iron
monument; thence continuing South 30 degrees 44 minutes 48 seconds East 15 feet, more
or less, to the water's edge of Leek Lake; thence southwesterly along the water's edge of
said Leek Lake to the south line of said Section 9; thence North 89 degrees 20 minutes 20
seconds West 100 feet, more or less, along the south line of said Section 9 to a found iron
monument which designates Meander Comer No. 59; thence North 89 degrees 12
minutes 30 seconds West 290.90 feet continuing along the south line of said Section 9 to
the point of beginning. The above described tract contains 10.65 acres, more or less.
SUBJECT TO an easement for public road purposes over, xmder and across that
part of the above tract adjacent to the west line of said Section 9 which lies within 33.00
feet of the centerline of an exiting public road as located and established on October 7,
1999.
ALSO HEREIN INCLUDED and SUBJECT TO is a;33.00 foot wide easement
for driveway purposes over, under and across part of the above described tract, part of
said Government Lot 4 and part of the Sotftheast Quarter of the Southeast Quarter of
Section 8 of said Township 137 North, Range 41 West. The centerline of said 33.00 foot
wide driveway easement is described as follows;
. -r.
Beginning at the afore mentioned Point C; thence South 80 degrees 09 minutes 49
seconds West 318.74 feet; thence North 86 degrees 36 minutes 57 seconds West 100.00
feet; thence southwesterly on a curve concave to the southeast, having a central angle of
90 degrees 35 minutes 30 seconds and a radius of 120.00 feet, for a distance of 189.74
feet (chord bearing South 48 degrees 05 minutes 18 seconds West); thence South 02
degrees 47 minutes 33 seconds West 85.00 feet; thence southwesterly^on a curve concave
to the northwest, having a central angle of 90 degrees 00 minutes 00 seconds and a radius
of 50.00 feet, for a distance of 78.54 feet (chord bearing South 47 degrees 47 minutes 33
seconds West); thence North 87 degrees 12 minutes 27 seconds West 270.06 feet to the
west line of said Section 9; thence continuing North 87 degrees 12 minutes 27 seconds
West 50 feet, more or less, to the centerline of said existing public road and said 33.00
foot wide driveway easement centerline there terminates. At the point of beginning of
said 33,00 foot wide driveway easement centerline the sidelines of said easement shall be
prolonged or shortened to terminate on a Une which bears North 30 degrees 44 minutes
48 seconds West and South 30 degrees 44 minutes 48 seconds East Ifrom said point of
beginning. At the point of termination of said easement centerline the sidelines of said
easement shall be prolonged or shortened to terminate on the centerline of said existing
public road.
•ic" ■
I hereby certify that I am a Registered Land Surveyor under the laws of the State
of Minnesota ^d that the above legal description was prepared from information on
Certificate of Survey T3648'15R dated July 18, 1988, and revised June 12, 2000, and
said legal de^iption is legaUy sufficient to locate the boundary lines shoAvn on said
Certificate ofSurvey. fl
Roy A, Smiti
Minnesota Heg. Land Surveyor No. 12004
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ROY A. SMITH & ASSOCIATES, INC.
LAND SURVEYING AND CONSULTING ENGINEERING
County Surveyor for Becker County
522 We^ Main Sto'eet
Detroit Lakes, Minnesota 56501
218-847-4289
218-846-1945 fax
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t;Sandy Brownstein -- Tract H-2 (easterly 10.65 acre tract)
Land description;
V.
That part ofGovemment Lot 4 of Section 9, Township 137 North, Range 41 West
of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as fijllows;
Commencing at a found iron monument which designates the southwest comer of
said Section 9; thence South 89 degrees 12 minutes 30 seconds East 453.36 feet on an
assumed bearing along the south line of said Section 9 to an iron monument; thence
North 00 degrees 01 minute 33 seconds West 298.89 feet to an iron monument; thence
continuing North 00 degrees 01 minute 33 seconds West 436. II feet; thence North 89
degrees 12 minutes 30 seconds West 453.35 feet to the west line of said Section 9; thence
North 00 degrees 01 minute 33 seconds West 262.41 feet along the west line of said
Section 9 to an iron monument; thence South 89 degrees 48 minutes 23 seconds East
25.00 feet to an iron monument; thence continuing South 89 degrees 48 minutes 23
seconds East 1283.60 feet to the east line of said Government Lot 4, said point is the
point of beginning; thence North 89 degrees 48 minutes 23 seconds West 628.50 feet;
thence South 05 degrees 02 minutes 16 seconds East 436.04 feet; thence South 30
degrees 44 minutes 48 seconds East 53.20 feet to an iron monument; thence continuing
South 30 degrees 44 minutes 48 seconds East 149.58 feet to an iron monument; thence
continuing South 30 degrees 44 minutes 48 seconds East 88.92 feet to a point hereinafter
referred to as Point C; thence continuing South 30 degrees 44 minutes 48 seconds East
97.43 feet to an iron monument; thence continuing South 30 degrees 44 minutes 48
seconds East 133.37 feet to an iron monument; thence continuing South 30 degrees 44
minutes 48 seconds East 15 feet, more or less, to the water's edge of Leek Lake; thence
easterly along the water's edge of said Leek Lake to the east line of said Government Lot
4; thence North 00 degrees 10 minutes 58 seconds West 75 feet, more or less, tdong the
east line of said Government Lot 4 to an iron monument; thence continuing North 00
degrees 10 minutes 58 seconds West 685.35 feet along the east line of said Government
Lot 4 to an iron monument; thence continuing North 00 degrees 10 minutes 58 seconds
West 90.81 feet along the east line of said Government Lot 4 to the point of beginning.
The above described tract contains 10.65 acres, more or less.
__ALSO HEREIN INCLUDED is a 33.00 foot wide easement for driveway
purposes over, under and across part of said Government Lot 4 and part of the Southeast
Quarter of the Southeast Quarter of Section 8 of said ToWnship 137 North, Range 41
West. The centerline of said 33.00 foot wide driveway easement is described as follows:i
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Begnming at the afore mentioned Point C; thence South 80 degrees 09 minutes 49
seconds West 318.74 feet; thence North 86 degrees 36 minutes 57 seconds West 100.00
feet; thence southwesterly on a curve concave to the southeast, having a central angle of
90 degrees 35 minutes 30 seconds and a radius of 120.00 feet, for a distance of 189.74
feet (chord beiaring South 48 degrees 05 minutes 18 seconds West); thence South 02
degrees 47 minutes 33 seconds West 85.00 feet; thence southwesterly on a curve concave
to the northwest, having a central angle of 90 degrees 00 minutes 00 seconds and a radius
of 50.00 feet, for a distance of 78.54 feet (chord bearing South 47 degrees 47 minutes 33
seconds West); thence North 87 degrees 12 minutes 27 seconds West 270.06 feet to the
west line of said Section 9; thence continuing North 87 degrees 12 minutes 27 seconds
West 50 feet, more or less, to the centerline of said existing public road and said 33.00
foot wide driveway easen:«nt centerline there terminates. At the point of beginning of
said 33.00 foot wide driveway easement centerline the sidelines of said easement shall be
prolonged or shortened to terminate on a Jine which be^s North 30 degrees 44 minutes
48 seconds West and South 30 degrees 44minutes 48 seconds East from said point of
beginning. At the point of termination of said easement centerline the sidelines of said
easement shall be prolonged or shortened to terminate on the centerline of said existing
public road.
• 'v
I-
I hereby certify that 1 am a Registered Land Surveyor under the laws of the State
of Minnesota and that the above legal description was prepared from infermation on
Certificate of Survey T3648-15R dated July 18, 1988, and revised June 12,2000, and
said legal description is legally sufficient to locate the boundary lines shown on said
Certjfieafe of Survey.^
(kRoy A. ^lith
Miimesora Reg. Land Surveyor No. 12004
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Please use this sheet for the required^scale drawing of ypurpjgggsal. Be sure't^ include Jot dimension, water
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STATE OY ItLuOLn^^Bl^
COUNTY OF
I, the undersigned Notary Public in and for said State, do hereby certify that Allen
H. Sather and Genelle M. Sather, husband and wife, each in his and her own right and as
spouse of the other, personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that they signed, sealed and delivered said instrument as their free and
voluntary act, for the uses and purposes therein set forth.
Given under my hand and Notarial seal this day of /^Ay
) SS.
., 2001.
SHANE W ZiMWFf^MAN |.4A
,Notary PublicMy commission expires; CS.i^/7 S/t
Mail tax statements to:
No change.
Prepared by:
Miimesota Title & Closing Company
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56501
Telephone: (218) 847-1297
EXHIBIT A
Al,SO Ui'lUilN INCLUDKD ami SUnJIiC'l’ I'O is a 33.00 fool wide cnsemcnl
for driveway purposes over, under and across pari of the above described tract, part of
said Government Lot 4 and part of the Southeast Quarler of the Soutlieasl Quarter of
Section 8 of said Township 137 North, Range 41 West. The centerline of said 33.00 fool
wide driveway easement is described as follows;
Beginning at the afore mentioned Point C; (hence Soul!) 80 degrees 09 miniilcs 49
seconds West 318.74 feet; thence North 86 degrees 36 minutes 57 seconds West 100.00
feet; thence southwesterly on a curve concave to the southeast, having a central angle of
90 degrees 35 minutes 30 seconds and a radius of 120.00 feet, for a distance of 189.74
feet (chord bearing South 48 degrees 05 minutes 18 seconds West); thence South 02
degrees 47 minutes 33 seconds West 85.00 feet; thence southwesterly on a curve concave
to the northwest, having a central angle of 90 degrees 00 minutes 00 seconds and a radius
of 50.00 feet, for a distance of 78.54 feet (chord bearing South 47 degrees 47 minutes 33
seconds West); thence North 87 degrees 12 minutes 27 seconds West 270.06 feet to the
west line of said Section 9; (hence continuing North 87 degrees 12 minutes 27 .seconds
West 50 feet, more or less, to the centerline of said existing public road and said 33.00
foot wide driveway easement centerline there terminates. At the point of beginning of
said 33.00 foot wide driveway easement centerline tlie sidelines of said easement shall be
prolonged or shortened to tenninate on a line which bears North 30 degrees 44 minutes
48 seconds West and Soulli 30 degrees 44 minutes 48 seconds Hast from said point of
beginning. At the point of termination of said ca.sement centerline tlic sidelines of said
casement siiall be prolonged or sliortencd to terminate on the centerline of said existing
niiblic. road.
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
882834
882834
I hereby certify that
this instrument #
was filed/recorded injhis office
for record on the S Hay of
pnni at ‘
li^etcalf. County Re^&putjrWei
by:
ree
well certificate
/Un\ T-Ot(/ <*CLc04>^
This Agreement made and entered into this day of by and between the Grantors, Allen H. Sather and Genelle M. Sathei^ husband and
wife, husband and wife, each in his and her own right and as spouse of the other,
and the Grantee, Sandra Brownstein, a single person, and as follows:
,2001,
The Grantors are the owners of a tract of land located in Otter Tail County,
Minnesota which adjoins the lands of the Grantee and the Grantors and the Grantors, in
consideration of One Dollar and other good and valuable consideration in hand paid,
hereby grant to the Grantee, her heirs and assigns, the non-exclusive easement of ingress
and egress to the tracts of the Grantees’ land, in over and upon that part of said land of
the Grantors described as follows:
See easement description attached hereto;
together with the right to maintain and improve the roadway currently situate thereon and
to install utility lines thereon; provided, however, that any damage caused to the existing
roadway by Grantee, her heirs or assigns, shall be repaired at the expense of the Grantee
or her heirs and assigns.
To have and to hold said easement unto said grantees, their heirs and assigns
forever as appurtenant to said tracts of land of the Grantor and the Grantee.
In witness whereof, the Grantors and the Grantee have hereunto set their hands
the day and date first above written.
a
Alandra L. BrownsteinAllen H. Sather
Genelle M. Sather
Parl of Government Lot 4 of tr. Section 9,
Township,!37 North, Range 41 West of the Fifth Principal Meridian,
Candor Township, Otter Tail County, Minnesota
■i ,ACCESS EASEMENT (Interim Replacement dated May 15, 2001)
HOT£: Thi& eaBement is provided as an interim replacement for the
access easement of record acroee these certain pa^te of
Government Lot 4 of fractional Section Tounship 237 U-jrth,Flange 41 Weet of the Fifth Principal Meridian, Otter Tail County, Minnesota, which are labeled' Tracts H-l and H-2 on thedrtificate
of Survey, prepared by Poy A. Smith, RLS, updated most recently
June 12, 2000.
Access will be provided for Tracts H-1 and U-i'2 across Tract H-1 along
the route indicated on attached Exhibit A (said Exhibit A beivg a
reduction of the road layout prepared by Robert J. Roberts & \ssociates,
Inc., Consulting Engineers and Land, Surveyors, most recently updated
April 12, 2001, and approved by the Otter Tail County Planning Commission
at its meeting ApriT 18, 2001), Upon completion of construction of said :
access road,-a final easement will be prepared and filed to include a
33-foot right-of-way,-16.5 feet each side, of the as-built center line.
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. EXHIMT A for ACCESS EASEMENT (Interim Replacement dated Hay 15, 2001)
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STATE OF
COUNTY OF ffenr^:p^) ss.)
The undersigned Notary Public does hereby certify that Allen H. Sather and
Genelle M. Sather, husband and tvife, each in his and her own right and as spouse of
the other, personally known to me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and acknowledged that
they signed, sealed and delivered said instrument as their free and voluntary act, for the
uses and purposes therein set forth.
Given under my hand and notarial seal thisi^|_ day of ., 2001.
-.V. -'4
Ni. "4;;- p- ;j; .
i
fY\iii\f\e.5cHn
COUNTY OF f}^i(0hj 1
Notary PublicZCCb'W'AAAAA
My commission expires:
___)STATE OF
) SS.
The undersigned Notary Public does hereby certify that Sandra L. Brownstein, a
single person, personally known to me to be the same person whose name is subscribed
to the foregoing instrument, appeared before me this day in person and acknowledged
that she signed, sealed and delivered said instrument as her free and voluntary act, for the
uses and purposes therein set forth.
leal this ., 2001.Given under my handed notaim
I SUEDEL
® notary PUBUC-MINNESOW
My Comrnls^ Expire®
[*3SSSSSSSS
My commission expires;
This document prepared at the
request of Allen H. Sather by:
Minnesota Title & Closing Company
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56501
r
ROY A. SMITH & ASSOCIATES, INC.
LAND SURVEYING AND CONSULTING ENGINEERING
County Surveyor for Becker County
522 West Main Street
Detroit Lakes, Minnesota 56501
218-847-4289
218-846-1945 fax
RECEIVED
JUL 1 3 2000
LAND & RESOURCESandy Brownstein -- Tract H-1 (westerly 10.65 acre tract)
Land description:
That part of Government Lot 4 of Section 9, Tovmship 137 North, Range 41 West
of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows:
Commencing at a found iron monument which designates the southwest comer of
said Section 9; thence South 89 degrees 12 minutes 30 seconds East 453.36 feet on an
assumed bearing along the south line of said Section 9 to an iron monument, said point is
the point of beginning; thence North 00 degrees 01 minute 33 seconds West 298.89 feet
to an iron monument; thence continuing North 00 degrees 01 minute 33 seconds West
436.11 feet; thence North 89 degrees 12 minutes 30 seconds West 453.35 feet to the west
line of said Section 9; thence North 00 degrees 01 minute 33 seconds West 262.41 feet
along the west line of said Section 9 to an iron monument; thence South 89 degrees 48
minutes 23 seconds East 25.00 feet to an iron monument; thence continuing South 89
degrees 48 minutes 23 seconds East 655.10 feet; thence South 05 degrees 02 minutes 16
seconds East 436.04 feet; thence South 30 degrees 44 minutes 48 seconds East 53.20 feet
to an iron monument; thence continuing South 30 degrees 44 minutes 48 seconds East
149.58 feet to an iron monument; thence continuing South 30 degrees 44 minutes 48
seconds East 88.92 feet to a point hereinafter referred to as Point C; thence continuing
South 30 degrees 44 minutes 48 seconds East 97.43 feet to an iron monument; thence
continuing South 30 degrees 44 minutes 48 seconds East 133.37 feet to an iron
monument; thence continuing South 30 degrees 44 minutes 48 seconds East 15 feet, more
or less, to the water's edge of Leek Lake; thence southwesterly along the water's edge of
said Leek Lake to the south line of said Section 9; thence North 89 degrees 20 minutes 20
seconds West 100 feet, more or less, along the south line of said Section 9 to a found iron
monument which designates Meander Comer No. 59; thence North 89 degrees 12
minutes 30 seconds West 290.90 feet continuing along the south line of said Section 9 to
the point of beginning. The above described tract contains 10.65 acres, more or less.
SUBJECT TO an easement for public road purposes over, under and across that
part of the above tract adjacent to the west line of said Section 9 which lies within 33.00
feet of the centerline of an existing public road as located and established on October 7,
1999.
ALSO HEREIN INCLUDED and SUBJECT TO is a 33.00 foot wide easement
for driveway purposes over, under and across part of the above described tract, part of
said Government Lot 4 and part of the Southeast Quarter of the Southeast Quarter of
Section 8 of said Township 137 North, Range 41 West. The centerline of said 33.00 foot
wide driveway easement is described as follows:
Beginning at the afore mentioned Point C; thence South 80 degrees 09 minutes 49
seconds West 318.74 feet; thence North 86 degrees 36 minutes 57 seconds West 100.00
feet; thence southwesterly on a curve concave to the southeast, having a central angle of
90 degrees 35 minutes 30 seconds and a radius of 120.00 feet, for a distance of 189.74
feet (chord bearing South 48 degrees 05 minutes 18 seconds West); thence South 02
degrees 47 minutes 33 seconds West 85.00 feet; thence southwesterly on a curve concave
to the northwest, having a central angle of 90 degrees 00 minutes 00 seconds and a radius
of 50.00 feet, for a distance of 78.54 feet (chord tearing South 47 degrees 47 minutes 33
seconds West); thence North 87 degrees 12 minutes 27 seconds West 270.06 feet to the
west line of said Section 9; thence continuing North 87 degrees 12 minutes 27 seconds
West 50 feet, more or less, to the centerline of said existing public road and said 33.00
foot wide driveway easement centerline there terminates. At the point of beginning of
said 33.00 foot wide driveway easement centerline the sidelines of said easement shall be
prolonged or shortened to terminate on a line which bears North 30 degrees 44 minutes
48 seconds West and South 30 degrees 44 minutes 48 seconds East from said point of
beginning. At the point of termination of said easement centerline the sidelines of said
easement shall be prolonged or shortened to terminate on the centerline of said existing
public road.
I hereby certify that I am a Registered Land Surveyor under the laws of the State
of Minnesota and that the above legal description was prepared from information on
Certificate of Survey T3648-15R dated July 18, 1988, and revised June 12, 2000, and
said legal de^ription is legally sufficient to locate the boundary lines shown on said
Cerfrfi^e oiSurvev.
Roy A. Smitl
Minnesota Heg. Land Surveyor No. 12004
ROY A. SMITH & ASSOCIATES, INC.
LAND SURVEYING AND CONSULTING ENGINEERING
County Surveyor for Becker County
522 West Main Street
Detroit Lakes, Minnesota S6S01
218-847-4289
218-846-194S fax
Sandy Brownstein - Tract H-2 (easterly 10.65 acre tract)
Land description;
That part of Government Lot 4 of Section 9, Township 137 North, Range 41 West
of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows;
Commencing at a found iron monument which designates the southwest comer of
said Section 9; thence South 89 degrees 12 minutes 30 seconds East 453.36 feet on an
assumed bearing along the south line of said Section 9 to an iron monument; thence
North 00 degrees 01 minute 33 seconds West 298.89 feet to an iron monument; thence
continuing North 00 degrees 01 minute 33 seconds West 436.11 feet; thence North 89
degrees 12 minutes 30 seconds West 453.35 feet to the west line of said Section 9; thence
North 00 degrees 01 minute 33 seconds West 262.41 feet along the west line of said
Section 9 to an iron monument; thence South 89 degrees 48 minutes 23 seconds East
25.00 feet to an iron monument; thence continuing South 89 degrees 48 minutes 23
seconds East 1283.60 feet to the east line of said Government Lot 4, said point is the
point of beginning; thence North 89 degrees 48 minutes 23 seconds West 628.50 feet;
thence South 05 degrees 02 minutes 16 seconds East 436.04 feet; thence South 30
degrees 44 minutes 48 seconds East 53.20 feet to an iron monument; thence continuing
South 30 degrees 44 minutes 48 seconds East 149.58 feet to an iron monument; thence
continuing South 30 degrees 44 minutes 48 seconds East 88.92 feet to a point hereinafter
referred to as Point C; thence continuing South 30 degrees 44 minutes 48 seconds East
97.43 feet to an iron monument; thence continuing South 30 degrees 44 minutes 48
seconds East 133.37 feet to an iron monument; thence continuing South 30 degrees 44
minutes 48 seconds East 15 feet, more or less, to the water's edge of Leek Lake; thence
easterly along the water's edge of said Leek Lake to the east line of said Government Lot
4; thence North 00 degrees 10 minutes 58 seconds West 75 feet, more or less, along the
east line of said Government Lot 4 to an iron monument; thence continuing North 00
degrees 10 minutes 58 seconds West 685.35 feet along the east line of said Government
Lot 4 to an iron monument; thence continuing North 00 degrees 10 minutes 58 seconds
West 90.81 feet along the east line of said Government Lot 4 to the point of beginning.
The above described tract contains 10.65 acres, more or less.
ALSO HEREIN INCLUDED is a 33.00 foot wide easement for driveway
purposes over, under and across part of said Government Lot 4 and part of the Southeast
Quarter of the Southeast Quarter of Section 8 of said Towrahip 137 North, Range 41
West, The centerline of said 33.00 foot wide driveway easement is described as follows;
Beginning at the afore mentioned Point C; thence South 80 degrees 09 minutes 49
seconds West 318.74 feet; thence North 86 degrees 36 minutes 57 seconds West 100.00
feet; thence southwesterly on a curve concave to the southeast, having a central angle of
90 degrees 35 minutes 30 seconds and a radius of 120.00 feet, for a distance of 189.74
feet (chord bearing South 48 degrees 05 minutes 18 seconds West); thence South 02
degrees 47 minutes 33 seconds West 85.00 feet; thence southwesterly on a curve concave
to the northwest, having a central angle of 90 degrees 00 minutes 00 seconds and a radius
of 50.00 feet, for a distance of 78.54 feet (chord bearing South 47 degrees 47 minutes 33
seconds West); thence North 87 degrees 12 minutes 27 seconds West 270.06 feet to the
west line of said Section 9; thence continuing North 87 degrees 12 minutes 27 seconds
West 50 feet, more or less, to the centerline of said existing public road and said 33.00
foot wide driveway easement centerline there terminates. At the point of beginning of
said 33.00 foot wide driveway easement centerline the sidelines of said easement shall be
prolonged or shortened to terminate on a line which bears North 30 degrees 44 minutes
48 seconds West and South 30 degrees 44 minutes 48 seconds East from said point of
beginning. At the point of termination of said easement centerline the sidelines of said
easement shall be prolonged or shortened to termhiate on the centerline of said existing
public road.
I hereby certify that 1 am a Registered Land Surveyor under the laws of the State
of Minnesota and that the above legal description was prepared from information on
Certificate of Survey T3648-15R dated July 18, 1988, and revised June 12,2000, and
said legal description is legally sufficient to locate the boundary lines shown on said
Certi of Survey.
Roy A. S^th
Minnesora Reg. Land Surveyor No. 12004
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PAGE 02titrsiUKCJAKtbTRATEGIES
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Scale ; / Inch = 200 feel
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May 22 01 08:31p p. 1
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AcAMay 22, 2001
BillKalar
Land & Resource Office
Subject; Conditional Use Application
To further define the plan for re-vegetation along the road, there will be a
mixture of rye included with the prairie grasses and wUdflowers on the road
in slopes. The in slopes will then be covered with straw toieliminate erosion
and provide coverage while the lye/grasses/wildflowers are beginning to
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ROA.P IMPIIOVE.MEI4T& (PROFO«>eC>>
AU SATWEJR.
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D^AWN BYSCAL.E 'Part op Govn*,LoT4- vm
OTTER TAIL. COUNTY.MVt4UESOTA SHQNA/N o4-/l^/OlAS 4
Snsuo^'s 34MS&^^P%uev&4ll^i^^Il^, wnk:
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DRAWING numberAPPROVED BYDATE
U/I6/OO t OP {RJR. U?>R,CbJ,MO.------
WE 1, PLAN-PROFILE
KEUFFEL & ESSER CO.
48 7004 29233
MAOS m U.9.A.
"v
OTTER TAIL COUNTYi/3o(ol
Conditional Use Permit #AtT^'
* I
Owner’s Name
yt-l ^a+l^v"
Location; Lake No. 3-Sec. ‘I Two, lil Range HI Twp.Namei
;
______________0<j'-OOD-CPl- oO(fS'-^^
Work Authorized: to bu^ w a
Wct-h _ __
j-he 3l/AMtd-+g
wri-'^ BiTj Rtfild^r (£lz.iloi)
e^oS\on con+i^^l cts jfa+^cl ore
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on VO
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....,. ..
Expires;Issued:
Land and Resource Management Official
yyril iyf-1. Earthmoving shall be done between
4 Entire area shall be stabilized within 10 days of the completion of any earthmoving.
3. Owner is legally responsible for all surface water drainage that may occur.
4. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of
Natural Resources.
5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
6. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be .done,
and shall be maintained there until completion of such work.
7. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271, WHEN AUTHORIZED
wnate uac rppm rrtMDi
&
.^ccc^>8826^
1 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
was filed/recorded in this officerd on the _4__^day of ^W-e __^2001 at am^;
Metcaif, Countv Recotder
forre(
Wei
by:/v. ifOPo/y recordl'nq'fee/
^weil certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
*** COMPLETE THIS APPLICATION IN BLACK INK*** ^ ^
Application Fee S 15^
Receipt Number I 30^
~Br^o(jjrt,s-Vetrv DAYTIME PHONE JPROPERTY OWNER
^oYT-^l^\\;d /tucsciyx / Pc-z- / ^5~itto
/ ^€.lc/'T(LofAlh£J^d^ *
ADDRESS
1?DLAKE NUMBER^^'^-^^ 'I-LAKE NAME _
SECTION 0*^ __TOWNSHIP ( RANGE O'-t 1 TOWNSHIP NAME 6A-K1-C0(^
R 0g> CDOOQo0(eSCOCo
LAKE CLASS
FIRE/LAKE I.D. NUMBERPARCEL NUMBER
LEGAL DESCRIPTION '■SLo' Sn-un', K -te PT FbE, M
Lo4S3,3^'^AJ Zb'Z.^[^ iJ \z>0‘8, (cO' 6 ‘XS’ 1,11^^ -fo UC^ ^uou^ ALCr-
0<L ^\o ^ LM 6ec- ^ ^ 'Z^ 0.^0' +Q 'BGr
EXPLAIN YOUR REQUEST
The purpose of this application is to obtain a permit to build a driveway to proposed building sites.
This 20 acre porcel is being split into two 10 acre parcels. In order to ovoid a “land locked" situation, ^
it is proposed to build a driveway to both parcels with an easement from the first parcel to provide *'
access to the second porcel. Both building sites have been determined and the avoidance of existing tsCCl
natural low areas provided limited driveway placement options.
Request approval to build a driveway, which begins from a junction of an existing driveway and
continues for 975 feet. The driveway will serve both parcels. -After about 475 feet along the
driVelvay, the plon will be to cut into the top of an existing hill and move about 2,000 cubic yards of
dirt down the hillside to create an adequate slope for continuation of the driveway.
I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE. OF THE LAND.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER DATE
RECEIVED
APPLICANT MUST BE PRESENT AT THE HEARING SEP 1 9 2000
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
LAND & RESOURCE
2»«.9t3 • Victor UtntfMd te. MnHr • fm^m Fata MrwMto
\
'irLT&J‘>li‘iL
L & R Of^cfal/Date ^Accepted By Land & Resource
i\ooDate Of Planning Commission Hearing Time
Planning Commission Motion
April 18. 2001 - Approved With Conditions:
October 11. 2000 / Tabled: A motion by Estes, second by Schwartz to table per the Applicant's
request to November 8, 2000 to allow the Applicant to look into an alternate location of the road
and/or provide a detailed plan showing cross sections, a road profile and an erosion control plan.
November 8. 2000 / Tabled: A motion by Estes, second by Bergerud to table the Application to
December 13, 2000, as requested by the Applicant.
December 13. 2000 / Tabled: A motion by Trites, second by Lachowitzer to table the Application
to the March Meeting, per the Applicant’s request, to provide time for the Applicant to stake the
revised road location and the proposed building site.
March 14. 2001 / Tabled: A motion by Boyer, second by Bergerud to table the Application to
April 18, 2001 as requested by the Applicant.
April 18. 2001 - Approved With Conditans: .A motion by Sha, second by Boyer to approve with
the following conditions: 1. A reasonable backslope, inslope & ditch bottom be installed. 2. The
project must be stabilized immediately. 3. An erosion control plan must be approved by Land &
Resource Management.
Chairman/Otter Tail CdOnty Planning Commission
County Board Action
Approved As Recommended
____Denied As Recommended
Other
Date of Final Action
if .1^****'^ii^**'^****>v>'*»y*^^
rm^Otter J^\ County Board of CommissionersChai
')(LSU^ .'T/j?/?/
L & R Official/OaM '
CONDITIONAL USE PERMIT #
Permlt(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)No
LSROfncteVDate
Copy of Application Mailed tc^plican)/And MN DNR
r OTTER TAIL COUNTY PLANNING COMMISSION
Otter Tall County Courthouse, Feigus Falls, MN 66537 216-739-2271 Ext 225
March 14. 2001
Meeting of the Otter Tail County Planning Commission was held on March 14, 2001 at
7:00 P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota.
Roll Call:
Members Present: Linda Bergerud, Rod Boyer, Joe Maske, Bert Olson, Robert
Schwartz, Richard Sha, David Trites and Leona Zimmerman.
Member Absent: Les Estes and Frank Lachowitzer.
Barb Hanson and Nicole Hansen represented the County Attorney's OfRce and Bill Kalar
represented the Land & Resource Management Office.
■ i;
Minutes of February 14. 2001:
A motion by Trites, second by.Maske to approve the February 14, 2001 Minutes as
maiied. Voting: All members In favor.
Sandra Brovi/nstein - Tabled to April 18. 2001:
A Conditional Use Pemnit Application to obtain a pennit to build a driveway to proposed
building sites. This 20 acre parcel is being split Into two 10 acre parcels. In order to
avoid a “land locked* situation, it Is proposed to build a driveway to both^parcels with an
easement from the first parcel to provide access to the second parcel. Both building sites
have been detennlned and the avoidance of existing natural low areas provided limited
driveway placement options. Request approval to build a driveway, which begins from a
Junction of an existing driveway and continues for 975 feet The driveway will servo both
parcels. After about 475 feet along the driveway, the plan will be to cut into the top of an
existirig hill and move about 2,000 cubic yards of dirt down the hillside to create an
adequate slope for continuation of the driveway. The property is described as Pt GL 4,
Section 9 of Candor Township: Leek (Trowbridge) Lake (56-532), RD.
October 11. 2000 / Tabled: A motion by Estes, second by Schwartz to table per the
Applicant’s request to November 8, 2000 to allow the Applicant to look Into an alternate
location of the road dnd/or provide a detailed plan showing cross sections, a road profile
and an erosion control plan.
j
i
November 8. 2000 / Tabled: A motion by Estes, seoond by Bergerud to table the
Application to December 13,2000, as requested by the Applicant.
December 13. 2000 / Tabled: A motion by Trites, second by Lachowitzer to table the
Application to the March Meeting, per the Applicanfs request, to provide time for the
Applicant to stake the revised road location and the proposed building site.
Planning Commission Mareh14,2001
Pago2
Bill Kalar read a letter from Sandra Brownstein requesting her Application be tabled to
April.
Motion: A motion by Boyer, second by Bergerud to table the Application to April 18,
2001 as requested by the Applicant
Voting: All members in favor.
Scenic Point ReeortfTanv Colton & Brenda Burton- Tabled to April 18.2001.:
A Conditional Use Permit Application to split Scenic Point Resort into dual ownership
per survey (on file at Land & Resource Management, Courthouse, Fergus Falls); to
include 10 x 40 porch at cabin #9; 40 x 40 addition to lodge; 40 x 60 cabin in exchange
for vacating pad 11; 40 x 100 pole bam 20 feet from SW boundary; owners unit 20 feet
from north property line and 30 feet from east line and a 16 x 22 addition to cabin #1.
The property Is described as Part Gov Lot 2, Section 13 of Clitherall Township; Clttherall
Lake (56-238), RD.
nnrgmhar 13 2000 / Tabled: A motion by Trites, second by Lachowftzer to table the
Application to the >February Meeting, per the Applicanfs requesf, to allow the Applicant
time to come-up with a plan that will: 1. Minimize variance requimments. 2. Reduce the
total number of dwelling units. 3. Provide a drawing that morp’accurately depicts the
location of the 34 units.
Febniarv 14.2001 / Tabled : A motion by Estes, second by Boyw to table the request to
March 14, 2001 as requested by the Applicant. (Bill Kalar read a jetter from Terry Colton
loatinn his ADollcatlon be rescheduled to March 14,2001.).,
as
••I
Vi.;•ram
Planning Confvnission
April 23. 2003
Page 3
surroundings." The property is described as Pt of GL 5 ...{Tract P), Section 28 of Hobart
Township; Long Lake (56-388), RD.
Daniel Primoli represented the Application.
Motion: A motion by Bergerud, second by Trites to approve with the following
conditions: 1. The provisions of the MN Wetland Conservation Act are met. 2. The
project must be done under the supervision of the Land & Resource Management Office.
Voting: All Members in favor.
Pierre & Mary duCharme - Approved as Presented:
A Conditional Use Permit Application stating: “We wish to apply to return the seasonal
cabin usage of two rooms at this location to Commercial. With a Retail Food Handlers
License we will sell pre-packaged foods and soft ice cream. Some food items to be sold
are: pop, chips, candy, frozen pizza, coffee, prepared sandwiches & etc. No grill, deep
fat fryer, beer or cigarettes are planned. Real Estate Office to remain (CUP #5610
granted 4/8/98). Restaurant to be open Monday - Sunday, 7 days, 7 A.M. - 10 P.M.,
May - September,” The property is described as Pt GL 1...(1.12 AC), Section 4 of Star
Lake Township; Star Lake (56-385), GD.
Pierre & Mary duCharme represented the Application.
Motion: A motion by Lachowitzer, second by Trites to approve as presented, it was
noted that the sewer has already been updated. Voting: All Members in favor.
Al & Genelle Sather — Approved with Conditions:
A Conditional Use Permit Application for a topographical alteration. The plan includes
filling a swale to Improve lake access(approximately 300 cubic yards) and a regradging of
the parking area (details on file at the Land & Resource Management Office). The
property is described as Pt GL 4...(10.65 AC), Section 9 of Candor Township; Leek
/Trowbridge (56-532), RD.
Motion - Withdrawn (for further discussion): A motion by Sha to approve provided the
project is vegetated by June 1, 2003.
Motion - Failed: A motion by Trites, second by Bergerud to approved with the following
provisions: 1. There Is no less than a 10” separation between the fill and the existing
ridge. 2. The area is hydroseeded & an erosion control fence is installed within 24 hours
of completing the fill. 3. Appropriate erosion control measures are installed.
Voting Yes: Bergerud, Olson & Trites. Voting No: Boyer, Lachowitzer, Maske, Sha &
Zimmerman.
Motion - Withdrawn: A motion by Sha, second by Maske to approve provided: 1. A
minimum of 18” of separation between the lowest point of the ridge and the bottom of the
drainage way Is maintained. 2. The area is hydroseeded & an erosion control fence is
installed with 24 hours of completing the fill. 3. Appropriate erosion control measures are
installed.
Motion: A motion by Trites, second by Boyer to approve provided: 1. A minimum of 12”
of separation between the ridge and the fill is maintained. 2. The area Is hydroseeded &
an erosion control fence is installed within 24 hours of completing the fill (the erosion
control fence remains until the area is vegetated). 3. Appropriate erosion control
measures are installed. 4. The cross section of the waterway shall be configured at a
Planning Commission
April 23. 2003
Page 4
negative grade from the intersection of the watenvay & the ridge, extending landward a
minimum of 15'.
Voting Yes: Bergerud, Boyer, Lachowitzer, Maske & Trites.
Voting No: Olson, Sha & Zimmerman.
Walter E. Yonker Tst / Taylor Investment Corporation - Denied:
A Conditional Use Permit Application stating: “To construct 1,300 linear feet of drive-way
with a 16 foot top. To construct the drive-way will require 700 cubic yards of fill and 600
cubic yards of cut. Their will be a 15% imblance in cuts and fills in balance for impaction.
Their will be a 4-inch top of class five placed on the constructed driveway. The cubic
yards of class five with a 4-inch top is 254 cubic yards. A portion of the drive-way will
require wetland metigation. The area of wetland to be metigated is 1,786 square feet."
The property is described as Pt GL 4 ex tr 472.80' x 410' in NW cr ( 37.95 AC), Section
22 of Dunn Township; Elbow Lake (56-774), NE.
Jim Peterson (Anderson Land Surveying) represented the Application.
I
Merle Miller (Dunn Townboard) expressed concerns regarding many lots being served by
a driveway.
Motion: A motion by Bergerud, second by Sha to deny as the proposal does not meet
the intention of the Subdivision Controls Ordinance which requires Township approval of
road access. Voting: All Members in favor.
William S. Corbin - Denied:
A Conditional Use Permit Application stating: “Put up retaining wall on NE comer of
property. Fill in area behind retaining wall (towards west); approximately 50 cubic yards”
(map available for viewing at Land & Resource Mgt. Office). The property is described as
Betty Johnson Addition Lot 6 BIk 1, Section 20 & Pt SW1/4 SW1/4 ... (.42 Ac), Section
21 of Dunn Township; Lake Lizzie (56-760), RD.
April 9, 2003 - Motion: A motion by Lachowitzer, second by Trites to table, at the
Applicant's request, to April 23, 2003.
William & Pamela Corbin represented the Application.
Motion: A motion by Zimmerman, second by Maske to deny for the following reasons:
1. The proposal exceeds the maximum height allowed by the Shoreland Management
Ordinance for a vision obstructing fence. 2. A landscaping plan was not included with the
proposal. 3. The potential for failure. 4. Suitable alternatives exist for the use of this
parcel. 5. This project would not have been approved If it was considered prior to the
construction. 6. It is located too close to the lotline. Voting: All Members in favor.
Adloum: A motion by Lachowitzer, second by Sha to adjourn the meeting (10:00 P.M.).
Voting: All Members in favor.
The next meeting is scheduled for May 14, 2003.
Respectfully submitted.
Marsha Bowman
Recording Secretary
f OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT:Al & Genelle Sather
135 Jandel Avenue NE
Hanover MN 55341
HEARING DATE/LOCATION: April 23. 2003 at 7:30 P.M. **
Commissioner's Room,
Otter Tail County Courthouse
(Use the West Law Enforcement Entrance)
121 W Junius
Fergus Falls, MN 56537
PROJECT DESCRIPTION (AS STATED ON THE CONDITIONAL USE PERMIT
APPLICATION): See summary description on backside.
LAKE NAME/NUMBER/CLASS: Leek /Trowbridge (56-532), RD
E-911 ADDRESS: 50042 Leek Lake Bend
LEGAL DESCRIPTION: Pt GL 4...(10.65 AC), Section 9 of Candor Township
** 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 above Applicant has made Application to the Otter Tail County Planning Commission
for a Conditional Use Permit as per the requirements of the Shoreland Management
Ordinance of Otter Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, 121 W Junius Suite 130, Fergus Falls, MN 56537.
Any comments regarding this request may be expressed at the Hearing or forwarded to the
Land & Resource Management Office.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
Bert Olson April 9, 2003
Chairman Planning Commission Mailing Date
1
C.o^c( U-se /<-f>pA1 & Genelle Sather
50045 Leek Lake Bend
Vergas, MN 56587
Project Summary
Conditional Use Permit Application
Topographical Alteration
Fill Swale
To improve lake access, applicant proposes to install approximately 300 cubic yards of
fill within an area measuring 67’ wide by 60’ deep located between 80’ and 140’ from the
OHW of Leek Lake. Special design features were implemented to address issues
concerning runoffrsediment control, loss of infiltration area and stormwater detention.
Runoff/Sediment Control
The design utilizes natural topography to eliminate project-related runoff and sediment
from discharging into Leek Lake. This is accomplished through restricting all fill
material to ah area behind and below an existing natural ridge which completely
separates the project area from the lake. All fill material will be restricted to a minimum
of 10’ to 25’ behind and 8” to 20” below the top of the ridge.
Loss of Infiltration Area and Stormwater Detention
A stormwater detention area with a maximum pool depth of 1.29’ provides 660 square
feet of additional infiltration area - 10% more than the total infiltration area lost due to
placement of the fill. A design runout elevation of 91.92’ (assumed datum) assures all
runoff will be maintained behind and below the existing natural ridge without overflow
of the containment area.
Re-grade Parking Area
The applicant also proposes to re-grade a 35’ x 40’ unpaved overflow parking area
adjacent to the township road. The re-grade will help alleviate road shoulder erosion on
Leek Lake Bend by redirecting runoff away from the steep road slopes and toward a
natural detention area. To reverse the direction of runoff from this area, movement of
1.3’ to 1.9’ from the high side toward the low side of the parking area is required.
As with the swale fill project, erosion control measures including installing a temporary
silt fence and seeding/mulch would be implemented until the soil is stabilized.
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL )
I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County
tter Tail County, Minnesota, do hereby certify that on
—, 2003, the attached Notice of Hearing and was duly
Planning Commission for Q /j^ day of
served upon the following:
the.
County Sheriff
County Highway Engineer
^ Courthouse
Otter Tail COLA, John Matteson, R#2 Box 40W, Battle Lake, MN 56515
MPCA, 116 E Front St., Detroit Lakes, MN 56537
Terry Lejcher, DNR, Div. of Waters, 1221 E Fir Ave, Fergus Falls, MN 56537
Bruce Winterfeldt, DNR, Trails & Waterways, 1221 E Fir, Fergus Falls, MN 56537
Arlin Schalekamp, DNR, Div.of Fisheries, 1221 E Fir Ave, Fergus Falls, MN 56537
Doug Wells, DNR, Div. of Wildlife, 1221 E Fir Ave, Fergus Falls, MN 56537
(MNDOT Dist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501)
Same
Envelope
Planning Commission MemberiJ^ownship Clerjl^LakeAssociation^urveyor (if appropriate), MNDOT
(if located on a State Hwy) and those listed on the attached sheet...,
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and
by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of
the above named at the addresses shown above.
Secretary
(8 - total)
(PC/Affidavlt)01/03
If parcel owner is “USA”, mail to Fish & Wildlife Service, 21932 St Hwy 210, Fergus Falls, MN 56537
If parcel owner is “DNR”, ignore as they are receiving a notice as stated above
D
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OTC Board of Commissioners’ Minutes
May 6, 2003
Page 3
under Section 501(c)(9) of the Internal Revenue Code, and consents to the appointment
of Wells Fargo Corporation as Trustee.
3. The effective date of the establishment of the VEBA and Health Care Expense Account
shall be on or before May 30, 2003.
Commissioner Froemming seconded the motion, and upon being put to vote, was
unanimously carried.
Adopted on the 6'^ day of May, 2003.
OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated:
By;
Malcolm K. Lee, County Board Chair
Attest;
Larry Krohn, Clerk
Planning Commission Recommendations
Conditional Use Permit - Terry L. Davis:
Motion by Froemming, second by Nelson, and unanimously carried to authorize a Conditional
Use Permit for this grade & fill project as presented. The property is described as Lots 8 & 9,
BIk 1, South Oaks, Section 1 of Otter Tail Township; Buchanan Lake (56-209).
Conditional Use Permit - Star Lake Resort/Phyllis Reimer:
Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to sell a portion of land to the Department of Natural Resources and construct a home
on remaining property as presented. The property is described as GL 1 ex N 1.3 Ac ex
platted (23.37 Ac), Section 35 of Dora Township; Star Lake (56-385).
Conditional Use Permit - Daniel F. Primoli:
Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional
Use Permit to construct a garage with attached shop and a driveway with conditions as
recommended by the Planning Commission. The property is described as Pt of GL 5...
(Tract P), Section 28 of Hobart Township; Long Lake (56-388).
Conditional Use Permit - Pierre & Mary duCharme:
Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to expand a commercial business as presented. The property is described as Pt
GL 1...(1.12 Ac), Section 4 of Star Lake Township; Star Lake (56-385).
^ iConditional Use Permit -AI& Genelle Sather:
Commissioners discussed this project. Rob Goral represented the applicant. Motion by Lee,
second by Froemming, and carried with Block and Mosher opposed, to approve a Conditional
Use Permit to fill a swale and regrade a parking area with conditions as recommended by the
Planning Commission. The property is described as Pt GL 4...(10.65 Ac), Section 9 of
Candor Township; Leek/Trowbridge (56-532).
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Conditional Use Permit # 5~</45j
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Owner’s Name
yl-l ^i-lAiLr
I Location: Lake No. Sec. _3 Twp. Ijl Ranged! Twp.Name=1i-?i
O^'OOD-Cf)- oO(eS'-oo<eh
Work Authorized: to ^tyddWrHo
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5'/Z-9/o ILJ ,oo.^' f '~^'‘0-‘ ■ce Issued: Expires:
Land anti Besource-Managemant Official
1. Earthmoving shall be done between ^ lyj ________
|. Entire area shall be stabilized within 10 days of the compietion of any earthmoving.
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3. Owner is legally responsible for all surface water drainage that may occur.
4. No fiil shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of
Natural Resources.
5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
6. This card shali be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to .be^done,
and shali be maintained there until completion of such worj<.
7. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271, WHEN AUTHORIZED
WORK HAS BEEN COMPLETED.
( ^
BK-1099-046