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:
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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/|
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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:
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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.
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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
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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\
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^____ —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.
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RECEIVED
APR 1 5 2004
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LAND & RESOURCEJ JN 0 7 2004Qi.
Li.ND& RESOURCE
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may 2 6 2004
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\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