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HomeMy WebLinkAbout08000160123003_Conditional Use Permits_07-14-2004959297 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # f was fiied/recorde^ this office the 29 ------3-2004 at Jr^^recording fee weil certificate Weni Recorder Deputyby: N. l(L THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us 2 6 2004 M 0MAY LAI ID D Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE LAKE CLASS PROPERTY OWNER(S) MAILING ADDRESS LAKE NUMBER LAKE NAME dfs:^>s~U/ afs.d ^ CC'i'f'r) 7 RANGESECTIONTOWNSHIP TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS ‘I ul-6 'y^OD' LEGAL DESCRIPTION CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alt^tiori^ Commercial Use Miscellaneous Cluster Development__ Extractive Use Industrial Use Forest Land Conversion SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I UNDERSTANDTHAT<A^R^AL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. AND THA^OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO NAGEMENT REGARDING THIS MATTER. I ALSO UNDE CONTACT SOtJRe y 7/ /lATURE^F PROI^TY OWNER (S)ATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) TimeDate Of Planning Commission Hearing Planning Commission Motion July 14, 2004: Motion: A motion by Zimmerman, second by Boyer to deny for the following reasons: 1. Unsure of the effect on surface water run-off. 2. The amount of fill is unacceptable. 3. The DNR’s comments/concerns. 4. Destruction of the existing vegetation. '(Sc/y\ Chairman/Otter Tail CountyTlanning Commission County Board Action ___Approved As Recommended Denied As Recommended Othet j2-0 /(£) V Date of Final Action Cl Ch4irman/Otter‘"T^il County Board of Commissioners L & R Official/Date CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No Copy of Application Mailed to Applicant, Co. Assessor and MN DNR L& R ficial/Date bk 0204-006 317,339 • Vicior Lirdeen Ca, Printers • Fergus Falls, Minnesota OTC Board of Commissioners’ Minutes July 20, 2004 Page 3 Conditional Use Permit - Guv W. Johnson: Motion by Lee, second by Froemming, and unanimously carried to uphold the recommendation of the Planning Commission to deny a Conditional Use Permit to reshape this property. Reasons for denial are as stated in the July 14, 2004, Planning Commission minutes. The property is described as Pt of GL 6, Beg. 685.05’ N of SW cor, E 285’ S on Ik 100’, W 285’, N 100’ to beg (.66 AC), Section 16 of Candor Township; Leek Lake (56-532). Conditional Use Permit - Gavin & Tanya McCrary: Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use Permit to cut, grade and fill existing property with soils remaining on the property to facilitate house structure with conditions as recommended by the Planning Commission. The property is described as Lot 4 BIk 1, Paul Lake Preserve, Section 15 of Edna Township; Paul Lake (56-335). Conditional Use Permit - “Woodland Resort’YJames & Miriam Hatlevip: Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use Permit to replace a cabin and move two cabins 200 feet off the lake combining them into one structure as presented. The property is described as Pt of GL 4...(2.02 AC), Section 16 of Dead Lake Township; Dead Lake (56-383). Preliminan/ Plat - “Golden ViewVPaul & Roberta Olson: Motion by Mosher, second by Block, and unanimously carried to accept the applicant’s withdrawal of the Preliminary Plat request entitled “Golden View”. The property is described as Pt GL 2 ...(17.10 AC), Section 35 of Tordenskjold Township; Stalker Lake (56-437). Preliminary Plat and Conditional Use Permit - “Baileys Beach’YD. Kersten/Taylor Investment Corporation: Land & Resource Director, Bill Kalar, stated that “Baileys Beach” is a proposed preliminary plat on East Lost Lake in Section 1 of Sverdrup Township and the Planning Commission is recommending approval with a condition. Mr. Kalar presented an aerial photo of the area including the proposed development and surrounding township roads (330‘^ Avenue & 273^'^ Street) which would be traveled for access to the development. Property owners on 273^'^ Street spoke in favor of vacating 273^'* Street and moving the easement for the road to the north because of the unsafe road conditions and the 90 degree turn. Township Supervisor, Gene Pederson, spoke in favor of moving the road because of the unsafe conditions of the road and expressed concern that this development would increase traffic on the road and worsen the conditions. Discussion took place regarding servicing the existing cabins. Planning Commission member, Joe Maske, brought up road concerns. Scott Seely of Taylor Investment Corp., stated that all roadways going to the property are existing township roads, maintained for years, and did not feel responsible for what existing property owners want. Mark Williams, resident on East Lost Lake, requested that, at minimum, Taylor Investment and the Township upgrade 330^^ Avenue until an agreement can be reached to move 273^ Street. Commissioner Mosher offered a motion to refer this Preliminary Plat and Conditional Use Permit request back to the Planning Commission. County Attorney, David Hauser, stated that the applicant is entitled to a decision within 60 days and would need to waive that entitlement, or, after 60 days, this would be automatically approved. Planning Commission July 14, 2004 Page 2 OTTER TAIL COUNTY PLANNING COMMISSION otter Tail County Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095 Guy Johnson represented the Application. Jeanette Wardwell (neighbor) expressed concerns regarding their shared driveway (heavy equipment traveling over it), surface water drainage and the location of the lotline. Tammy Smith (previous owner) discussed the lotline and stated that the project would be an improvement. Motion: A motion by Zimmerman, second by Boyer to deny for the following reasons; 1. Unsure of the effect on surface water run-off. 2. The amount of fill is unacceptable. 3. The DNR’s comments/concerns. 4. Destruction of the existing vegetation. Voting: All Members in favor. Gavin & Tanya McCrary - Approved With a Condition: A Conditional Use Permit Application as stated by the Applicant Cut, grade and fill existing property. No import or export of material. All soils will remain on and be used on the property to facilitate house structure. Landscape will protect the lake and neighbor’s property on either side. A) One 30’ x 150’ cut at high lake side ridge. B) Driveway cut to a maximum depth of 4.5 feet; supported by rock retaining wall. Total maximum 300 - 350 cubic yds. The property is described as Lot 4 BIk 1 Paul Lake Preserve, Section 15 of Edna Township; Paul Lake (56-335), RD. Regg Wenaas represented the Application. Tanya McCrary indicated that the neighbor to the east is happy with the berm. Motion: A motion by Schwartz, second by Sha to approve provided erosion control fiber blanket is placed from the top of the cut (lakeside) landward 10’. Reasons for approval include: 1. A berm is proposed to prevent surface water run-off to the neighbor to the east & the surface water will be retained on the lot (front & side). 2. It looks like a good landscaping plan. Voting: All Members in favor. Ahead of Schedule: At 7:24 P.M., the Commission was ahead of schedule and Bill Kalar informed the Commission that the County Board is in the process of creating a committee to review Cluster Developments. He indicated that the committee may consist of approximately 27 members, including Commissioner Bob Block, the DNR, the MPCA, the Planning Commission and the Board of Adjustment. There will be public meetings to allow for public input and information. Woodland Resort / James & Miriam Hatleviq - Approved As Presented: A Conditional Use Permit Application as stated by the Applicant Woodland Resort has 3 of 6 cabins that are original from 1947. They are government grainerys from WWII which needs to be replaced. One cabin will be replaced on site, the other two will be moved back off the lake (200 feet). This structure will combine 2 units into 1 structure (walkout lower level) thus reducing the footprint on the land. The property is described as R of GL 4 ...(2.02 AC), Section 16 of Dead Lake Township; Dead Lake (56-383), NE. Jim Hatlevig represented the Application. Motion: A motion by Estes, second by Wilson to approve as presented; reasons being that this is an improvement , this is a needed business, and there will be a decrease in impervious surface. Voting: All Members in favor. July 14. 2004 Meeting of the Otter Tail County Planning Commission was held on July 14, 2004 at 6:30 P.M. in the Commissioner's Room, Government Services Center, Fergus Falls, Minnesota. Roll Call: Members Present; Rod Boyer, Les Estes, Frank Lachowitzer, Joe Maske, Bert Olson, Robert Schwartz, Richard Sha, David Trites, Rick Wilson and Leona Zimmerman. Members Absent: None. Nicole Hansen represented the County Attorney’s Office and Bill Kalar represented the Land & Resource Management Office. Minutes of June 9, 2004 and June 16, 2004: A motion by Lachowitzer, second by Boyer to approve the Minutes of June 9, 2004 and June 16, 2004 as received. Voting: All Members in favor. David & Rita Heinrich AND George & Gail Krasean - Approved With A Condition: HEINRICH: A Conditional Use Permit Application as stated by the Applicant To cut an area from Pleasant Pointe Road approximately 325 feet south and 175 feet north of Pleasant Lake to prepare driveway 300 feet x 16 feet with 3 foot ditch. The spoils (approx. 820 cu yds) to be used to construct a driveway on Lot 2, Block 2. The property is described as Lot 3 Block 2 Pleasant Pointe, Section 5 of Sverdrup Township: Pleasant Lake (56-449), RD. KRASEAN: A Conditional Use Permit Application as stated by the Applicant To construct a 300’ long x 16’ wide driveway, starting from Pleasant Lake Road to our lot; (Lot 2 BIk 2) fill will be borrowed from Lot 3 BIk 2. Approx. 820 cubic yards. The property is described as Lot 2 BIk 2 Pleasant Pointe, Section 5 of Sverdrup Township; Pleasant Lake (56-449), RD. Wayne Evavold (Contractor) represented the Application. Motion: A motion by Estes, second by Boyer to approve as presented, with the condition that appropriate erosion control measures are implemented. It was noted that there has been a precedent set as similar work was done in the area. Voting; All Members in favor. Guv W. Johnson - Denied: A Conditional Use Permit Application as stated by the Applicant On public access side of mobile home I would like to have at least 15’ of level land to keep home stable. This would require building a retaining wall 2-3’ high at the access property line and filling with fill; 1" black dirt & sod. Total 32 c yd dirt. Now it slopes very quickly away from the mobile home (which with out a foundation should have more stability). On the lake front someone put railroad ties to tier the lot years ago. I wish to remove them and slope the lot as my neighbor has done. Requires moving & grading 6" of dirt on the upper tier and adding 30 c yd dirt, fill, sod. The property is described as Pt of GL 6: Beg 685.05’ N of SW cor, E 285’ S on Ik 100', W 285’, N 100’ to bg (.66 AC), Section 16 of Candor Township; Leek Lake (56-532), RD. OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING / Guy W. Johnson 810 5'^ Ave. S Moorhead, MN 56560 APPLICANT:\a/| ^ Lo^^.kd VV- ,, ruv vJoMI/V O^Vq T^li OA+D t>v\^ piOj^v^l, CONDITIONAL USE PERMIT APPLICATION REQUEST (AS STATED BY THE APPLICANTS I I (L.y • HEARING DATE/LOCATION: July 14, 2004 at 6:30 P.M. Commissioner's Room, Government Services Cente West Fir Fergus Falls, MN 56537 On public access side of mobile home I would like to have at least 15’ of level land to keep home stable. This would require building a retaining wall 2-3’ high at the access property line and filling with fill; 1” black dirt & sod. Total 32 c yd dirt. Now it slopes very quickly away from the mobile home (which with out a foundation should have more stability). On the lake front someone put railroad ties to tier the lot years ago. I wish to remove them and slope the lot as my neighbor has done. Requires moving & grading 6” of dirt on the upper tier and adding 30 c yd dirt, fill, sod. 5’ S on Ik 100’. W LAKE NAME/NUMBER/CLASS: Leek Lake (56-532), RD E-911 ADDRESS: 49110 Leek Lake Dr. _______,..285’, 15 0^ LEGAL DESCRIPTION: Pt of GL 6: Beg 685.05’ N of SW cor, E 285 N 100’ to bg (.66 AC), Section 16 of Candor Township ** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergutf' Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of me 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, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. June 30, 2004Bert Olson Mailing DateChairman Planning Commission 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 Planning CommissionJor Otter Tail County, Minnesota, do hereby certify that on the 30^ day of served upon the following: , 2004, the attached Notice of Hearing and was duly in CourthouseCounty Sheriff County Highway Engineer J Otter Tail COLA, John Matteson, 23674 W Silver Lk Rd, Battle Lake, MN 56515 MPCA, 116 E Front St., Detroit Lakes, MN 56537 Terry Lejcher, DNR, Div. of Waters, 1509 1st Ave N, Fergus 1221 Falls, MN 56537 Bruce Winterfeldt, DNR, Trails & Watenways Arlin Schalekamp, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife (The above 8 receive all Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lk Imp Dist) Pelican, Fish, Bass & Little Pelican: Pelican Group Lake Imp. Dist., %Don Mediinger, PO Box 2905, Fargo, ND 58108-2905 South Turtle Lake: South Turtle Lake Imp. Dist., %Bricker & Janet Johnsen, 32790 Turtle Shore Ln, Undenwood, MN 56586 Little Pine & Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Little McDonald, Kerbs & Paul: McDonald Lakes Imp. Dist., PO Box 133, Perham, MN 56573 City Clerk (if located within 2 miles of a city) MNDOT Dist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State Hwy) Same Envelope ion, surve^9j:-(if'S^ropriate),Planning Commission Member^,vJownship Clerk^a] and those listed on the attachei • • •» 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 / / 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 If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit (3/04) GRADE & FILL APPLICATION LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 218-998-8095 www.co.otter-tail.mn.us JUN 0 7 2004 LAND & RESOURCE PERMIT NO.Application Fee Receipt Number PROPERTY OWNER MAILING ADDRESS CITY, STATE, ZIP__ DAYTIME PHONE NUMBER ^ LAKE NAME PARCEL NUMBER(S) TWP /S7 RANGE T/y CLASSLAKE NO. SECTION TWP NAME /Z (7/ (o ■ ^ /./<' /OO^' ^ Zo ^(2 _____________________ LEGAL DESCRIPTION E-911 PROPERTY ADDRESS Received L&R Official DATE PROJECT REQUEST (Provide the Scale Drawing On Back) Z)CUT AREA:FT.X FT.= ^ / S' 7 AV FT2FILL AREA:FT.X FT.= /5'00 ^ MAXIMUM DEPTH OF CUT: /OO £FT. MAXIMUM DEPTH OF FILL:FT. / YDS3TOTAL CUBIC YARDS OF EARTHMOVING REQUESTED: DESCRIBE YOUR PROJEcTbELOW RECEIVED APR 1 5 2004 LAND & RESOURCE JUN 0 7 2004 & RESOURCE may 2 6 2004 Lc; SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE BK1003 315,902 • Victor Lundeen Co.. Printers • Fergus Falls. MN • 1-600-346-4670 Scale: S^kJdW ^ S^i/j^e^ ^ 7^^ a^r ........ _J^c/ /^ " <^/a ^ '//A/. '7d<^jm /^/> ihfdoi:^ ^(aBJ a P JS 5^ 7 -<2 .7^/J6 £i^/? d6^Ji^y ,(^c/ //f^<J£ us^J J^^ /f t_____ d'^if /o^f ^o *• 7p^ _ (-f4'^J'Sdi^6dM/u J_A7'flte4^ Mo>4^ 7"A/so ^i'q x^x 96jp(f\Q_d i^on iJL t-J~n(L OlP I^OCK'f^Ol 6jcMhq . DatedSignature BK —0403 — 029 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertaiI.mn,us JUN 0 7 2004 land & RESOURCE May 28, 2004 Guy W. Johnson 810 5th Ave. s Moorhead, MN 56560 RE: Conditional Use Permit Application, Pt of GL 6, Leek Lake (56-532) Dear Mr. Johnson, I have had an opportunity to review your application and 1 will be returning the application, drawings and check to you for the following reason. Regarding your drawings with all the writing in red ink on them, on the Application Checklist it states that you must provide one (1) original drawing (for office use) and ten (10) copies (these are mailed to the Planning Commission members before the hearing so they have a copy of your plan when they go onsite to view your project) we need ten (10) copies of these drawings. 1 did make ten copies of the other map for you. 1 will leave it up to you if you wish to write over it in “red ink” as shown on the original. In youjLrequ£^ you address the fill in “cf.” (cubic feet), is this correct or should it b^ubicyd^ I have enclosed an application in case you need to re-write your Tcqucstrlh you have any questions, before returning the paperwork, please call me. Once these items have been completed, please return everything and 1 will review again for processing. Just a reminder that the filing date is June 23^^^ before 3 P.M. to make the July hearings. Mavis Samuelson Permit Technician Enel. /!jn/1 Scale Signature Date1 : _i I ;• -i i ! :\ i 1 ;1 s;! ;!'! r i 1 Ii i ; ;•-J.i I 1 •- 7 I ' (.L- ; ; I MAY %. 6 Z004 ;? I BK — 0403 313.987 • Viciot Lundeen Co, Prinlet* • feigus Fato, MN ■ 1-800-349-4570V Jo'<s~ykiyof 1 ^^30' a/0’<3 VA 0^ u aa2 MAY 2 6 2004 BK — 0403 313,987 ♦ Viciot Lundeen Co., Ptintars • Fstflus FaHs, MN • 1-6OO-346-d07O rVScale Signature Date f £i(W u// (pfo/ l/iA \/^ J^'kJ ) I \ 0 I I /5 MAY 2 6 2004 BK — 0403 313.987 • Victor Lundeen Co.. Printers • Fergus Falls. MN • 1-800-346-4870 * . V r ria& iviAY 2 6 2004 / BK — 0403 313.987 • Victor Lundeen Co., Printers • Feraus Falls. MN • 1-800-346-4870 FOR : TAMMY SMITH LOT 6, SECTION 16, TOWNSHIP 137, RANGE 41 OTTER TAIL COUNT Y, MN. EXISTING LEGAL DESCRIPTION^ ■ r • ’ uEK PJiBUC Thot part of Government Lot Six (6) in Section Sixteen (16), Township One Hundred Thirty-seven (137), Ronge Forty-one (41), described as follows, to wit: Beginning at the Southwest comer of said section; thence North 00*00' East 685.05 feet on and along the West section line to the point of beginning; thence South 89*50' East 285 feet, more or less, to the water's edge of Leek Lake; thence southerly along the shoreline of Leek Lake a distance of 100 feet; thence * •; * FENCE UNE AS HOD LOCATED ON 3-7-^■■ ; S8y56'34"E , 285.00 ± (S89-50’E 285±)i I* •278.13/North aySO’ West a distance of 285 feet, more or less, to the west line of Section Sixteen (16); thence North on and olong the west lineSUNFA^AS nOjJ of Section Sixteen (16) 100 feet to the place of beginning and thereLOCATED ON 3-7-03------BITUUmUS2*.y—terminating, including all riporian rights to the above trod and subject \ to exisUng road easements.ELEC WX \\ ^- — GRAVEL SURFACE AS FIEID LOCATED ON 8-7-03 . 'q ■GRAPHIC SCALES s >•a 2 • ir ^ ■8i- e< • a.:LEGEND•>------OVERHEAD ELECTRIC UNEUJ ^• = OENOTES IRON MONUMENT FOUNO O = iron rod SET AND MARKEDMTH LAND SURVEYOR NO. 40827.'278.13= MEASURED DISTANCE (NOOTIO'E 100)= DEED ‘ id. , UJ UJ VICINITY MAP ^CAPmt 7575 30tjnos3a9'®i'^^,__FD 1/2 IRONV^CAPF>ED 7575 /. \ JEANETTE WABDWELL PROPERTY_ ^\vooz S T yd's!PER BK.409 DEEDS, PC-. 68.5Y\ \ \ ^____ —PO I here fy thot the subdivided property described in this survey meets unty requiremenla for oublic rood access and sewaae 3Each grid, equals feet/inches GRID PLOT PLAN SKETCHIlMG FORM 4 A ^/„J1p / Dated; Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures. VJ- j ■i /II 4' O 'k \ iV'A 4 }3‘ 1 \i .[}% ^ %{ \ C''''l ' \<2>v RECEIVED APR 1 5 2004 «=xC50. ^-TO ^iECI^VED LAND & RESOURCEJ JN 0 7 2004Qi. Li.ND& RESOURCE '■“l V '' 1|(A, (c|jL^kkj^iji)At,\ ^ J06 ^----- may 2 6 2004 I \oo\'^MKL-0871-029 21598 7®VICTOR LUNOECN CO.. RRINTCRt. FEROUS FALLS. UtHN. Form No. MKL-032065 237,443 — Victor Lundoon Co., Printers, Fergus Falls, Minnesota