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HomeMy WebLinkAbout38000150099000_Conditional Use Permits_09-15-2004^-/S-^OOV OFFrCE OF COUNTY RECORDER OTTER TAIL MINNESOTA 963033 963033 I hereby certify that this instrument #__ was filed/recorded in this office for record on the 78ih Hay of ____5 p-f on(\A at-EiHiz WendyL^etcal^ C^nt^ by: /y neputy m ecorder .recording fee .well certificate5 L ;i? 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 Application Fee 13-7 ‘fT?COMPLETE THIS APPLICATION IN BLACK INK Receipt Numben_ Accepted By / Date Anwj L. LAKE NUMBER LAKE NAME _______ TOWNSHIP /JV range V/ TOWNSHIP NAME / 3Z^otX>-6- DAYTIME PHONE SPROPERTY OWNE MAILING ADDRESS 9'7 U)jk ___LAKE CLASS 19]^ SECTION /5 -yfUjJ 5 PARCEL NUMBER E-911 ADDRESS At ^lAcl e>f SWodUj /J(jDtC (^/iv/c LEGAL DESCf^TION 'YkiaT'^tT'eT^&vf. •oec^. /S, 7^- ^37 ^ (-7^^ AfA/ //gi Tc//, £/•>(/: / K^yite A/Uj sa.<y'i^T be-ar',^ 3 SSTm'nuAcs iO cL-icn^ d ’7<sAa-ncer<rfS'3 7?o'pT-cT-S ^ xer <f cf 2s ' CJeiTr-rty ti‘<p crfAA'C.cJirt2icc<.AixJ Jfru/KJ^Itajy/iZsZ&iaiiyiAt^ic-e/S^txAir^v saT/ / > y e» a c^rv'f, <■£/-«,^ C.OXX> ' « c/j-/4. ^^,/eoA U.‘VV 'C2l sc>- -> <- TT M CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration__J Commercial Use Forest Land Conversion__ Miscellaneous Cluster Development__ Extractive Use Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. LOe. prcpox^ Ao ^ec4<ce Y/;e A cm cms7o.ye. /C€ a./enc V»e of cur prcpxc-iy reducAcn u.u//Ui rscrleifon ^ cc. ic henefA coimfl dncJrecfuee 5a.,Jar,d Aft ru.,off 'hrfZim M)c K^audmo nMe ujz/la/so /mproAt our zicce^ /ak^ anj proi//c9e zA. Jberi^er v/eaj '’fhom -tAi-e sbcrc ^ ~77\^ zna.x/nium cu-t cO/// be -super \//S/rj youn^ cJh Tdren.r our ^pr-oy,^ccbe/y -fe^i . 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. ^. ^KjaJlsi T / j U' fk y'/'j SIGNATURE OF PRO^TY OWNER (S)DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Planning Commission Hearing ^/^j 0^ Timer Planning Commission Motion September 15, 2004: Motion: : A motion by Sha, second by Trites to deny for the following reasons: 1. No evidence has been provided that indicates this fill facilitate the recreation of a reparian zone to benefit wildlife. 2. Adequate access to the lake exists. jl^^nty Planning Commission Chairman/Otter Tail County Board Action ___Approved As Recommended Denied As Recommended Other 2 Date of rinal Action .0 rrnan/Otter Jail C6unty Board of CommissionersChair CONDITIONAL USE PERMIT# P£Ni^^ L & R Official/Da Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR No /A>L&R Official/Date bk 0204-006 317,339 • Victor LumJeen Co., Printers • Fergus Falls, Mirv>esola OTCo. Board of Commissioners' Minutes September 21, 2004 Page 5 OTCo. Board of Commissioners’ Minutes September 21.2004 Page 4 I^ ridge along the shore of the property. The property is described as Pt of GL 2 (6.84 AC) in IS Section 15 of Maine Township; Pickerel Lake (56-475). Preliminary Plat & Conditional Use Permit - “Pelican River Estates"/Merell & Bemiece E. Dalluae & FreelandAA/eum Development L.L.C: Motion by Mosher, second by Froemming, and unanimously carried to approve the Preliminary Plat of Merrell & Berniece E Dalluge and Freeland/Weum Development L.L.C. known as "Pelican River Estates” as presented on the revised map (consisting of 29 lots) received at the September 15, 2004, Planning Commission meeting and approval of the Conditional Use Permit to construct the road. This motion is subject to all conditions as recommended by the Planning Commission with an additional condition that road construction must include appropriate temporary erosion control measures. The property is described as NEVi ex S.L.A & ex tr & N 414 rods of S.L. 1, 2, 3 ...(182.53 AC) in Section 17 of Fergus Falls Township; Pelican River (56-PR). Conditional Use Permit - Pair-A-Dice Resort & Camoaround/Joe & Usa Harlow: Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use Permit to expand a food service business with a condition as recommended by the Planning Commission. The property is described as Pt of GL 1 in Section 17 of Pine Lake Township; Big Pine Lake (56-130). Preliminary Plat - “The Palms of Lida '/Darrel Forspren & Q5 tnv. LLLP: Motion by Block, second by Froemming, and unanimously carried to approve the Preliminary Plat of Darrel Forsgren & Q5 Inv. LLLP known as "The Palms of Lida" as presented on the revised drawing dated September 10, 2004, and a Conditional Use Pennit to construct a road to service the plat with conditions as recommended by the Planning Commission. The property is described as Pt of Lots 5, 6 & 7, Section 9; Lot 1, 2 & Pt NW% NW%, Section 16; and Pt NE% NE% & SW14 NE% & Lot 1, Section 17 in Lida Township; Lake Lida (56-747). Preliminary Plat & Conditional Use Permit - “lnterlaken"/Mike Vipond: Motion by Froemming, second by Block, and unanimously carried to approve the Preliminary Plat of Mike Vipond known as "Interlaken” consisting of eleven (11) single family residential lots as presented on the revised map (received by Land & Resource Management on August 27, 2004) and a Conditional Use Permit to construct a road to service the plat with conditions as recommended by the Planning Commission. The property is described as Pt GL 5, 6, 7 & 8 (55.87 AC) in Section 22 of Dunn Township; Elbow Lake (56-774) and Franklin Lake (56-759). Labor Management Discussion County Coordinator, Larry Krohn, briefed the County Board on topics recently discussed by the Labor Management Committee. Motion by Nelson, second by Mosher, and carried with Block opposed, to install a water purifier in the lunch room at the New York Mills offices. Conditional Use Permit - Bradley C. & Mary C. Hastings: Motion by Froemming, second by Mosher, and unanimously carried to approve a Conditional Use Permit for a Mail Order Business as presented. The property is described as Hilkoske's River Ranch Beach ex WLY 75’ Lot 1 (a tri tr in SE cor) in Section 4 of Ottertail Township; Otter Tail River (56-OTR). Health Insurance Rates for CY2005 Motion by Mosher, second by Block, and unanimously carried to acknowledge the BC8S 2005 health insurance renewal and approve an 11% increase for the Blue Cross Blue Shield copay health insurance plan and a 13% increase for the Blue Cross Blue Shield $750 deductible health insurance plan effective January 1, 2005. I Conditional Use Permit - Red Horse Ranch: Motion by Mosher, second by Froemming, and unanimously carried to approve a Conditional Use Permit to construct two approaches with turn lanes as presented. The property is described as Lots 11, 12 8, SEVi SEVi 8, within Road Right-of-Way of Co. Hwy #10 in Section 31 of Friberg Township; Otter Tail River (56-ORD). Closed to the Public Adjournment At 11;53 a m.. Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners closed to the public for the purpose of evaluating the performance of Public Health Director, Diane Thorson, pursuant to M.S. Chapter 13D.05 Subd. 3. Commissioners Nelson, Block, Mosher, and Froemming were present for the evaluation. A summary of performance conclusions will be provided at the next regular County Board meeting. Upon conclusion of the Performance Evaluation, at 12:11 p.m.. Chairman Nelson adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, September 28, 2004. Conditional Use Permit - Hobart Township/David Dom/Joann Bauers/Steohen Hero: Motion by Block, second by Nelson, and unanimously carried to approve a Conditional Use Permit to flatten back slopes beyond the 33' township road right-of-way of Rice Lake Road as presented. The property is described as Pt of Rice Lake Road on section line & W14 SWVi (80 AC) in Section 13 8, Lots 1 8, 2 (54.95 AC) in Section 14 of Hobart Township; Rice Lake (56-363). OTTER TAIL COUNTY BOARD OF COMMISSIONERSConditional Use Permit - Viola Barrett % Nancy OuderUirk: Motion by Nelson, second by Mosher, and unanimously carried to approve an after-the-fact Conditional Use Permit to construct a driveway with a condition as recommended by the Planning Commission. The property is described as Lot 9 BIk 1 of McDonald Shores in Section 20 of Edna Township; Big McDonald Lake (56-386). Dated: By: Sydney Nelson, County Board ChairAttest:. Larry Krohn, Clerk Conditional Use Permit - Jeffrey D. & Amy L. Drake: Motion by Froemming, second by Block, and unanimously carried to deny, as recommended by the Planning Commission, a Conditional Use Permit to reduce the size of an unstable ice Planning Commission September 15, 2004 Page 4 Break: At 9:35 P.M., the Commission took a 15 minute break. Viola Barrett %Nancy Ouderkirk - Approved With A Condition: A Conditional Use Permit Application (as stated by the Applicant): Nor-son, Inc. requests the following as part of the After-The-Fact Conditional Use Permit Application: 1) Revised site grading per drawing dated August 17, 2004 as a result of site conditions (drawing on file with Land & Resource Mgt. Office). 2) Revise original CUP request from 855 cubic yards of fill to 1,553 cubic yards of fill for import to site. 3) Allow for additional import, only, to ensure the new driveway base drains properly to the Southeast. 4) Allow for the owner to dress the entire site with 4” - 6” of topsoil, which will be part of a landscape plan. (Owner to comply with permitting requirements.) The property is described as Lot 9 BIk 1 McDonald Shores, Section 20 of Edna Township: Big McDonald Lake (56-386), RD. Tim Schulke (Nor-Son Inc.), Rich Moorhead & Nancy Ouderkirk represented the Application. Motion: A motion by Trites, second by Schwartz to approve as presented, allowing a maximum of 4” of topsoil. Voting: All Members in favor. Jeffrey D. & Amy L. Drake - Denied: Conditional Use Permit Application (as stated by the Applicant): We propose to reduce the size of an unstable ice ridge along the shore of our property. The reduction will facilitate the recreation of a riparian zone to benefit wildlife and reduce the sand and silt runoff from the ridge. Reducing the ridge will also improve our access to the lake and provide a better view from the shore for supervising our young children. The maximum cut will be approximately 3 feet. The property is described as Pt of GL 2 (6.84 AC), Section 15 of Maine Township: Pickerel Lake (56-475), RD. Jeffrey & Amy Drake represented the Application. Motion: A motion by Sha, second by Trites to deny for the following reasons: 1. No evidence has been provided that indicates this fill facilitate the recreation of a reparian zone to benefit wildlife. 2. Adequate access to the lake exists. Voting: All Members in favor. Pair-A-Dice Resort & Campground/Joe & Lisa Harlow-Approved As Presented: Conditional Use Permit Application (as stated by the Applicant): Increase food service menu to include fresh baked pizza, burgers, subs & basket appetizers. Currently the lodge serves 3.2 beer, pop, candy & frozen pizza. Our goal is to serve our resort guests, lake customers & local community. We are planning on staying open all year so increasing our winter business to serve ice fisherman. We currently have a small establishment food line. Our seating capacity is 30. The property is described as Pt of GL 1 ..., Section 17 of Pine Lake Township: Big Pine Lake (56-130), GD. Joe & Lisa Harlow represented the Application. Motion: A motion by Estes, second by Zimmerman to approve as presented, allowing one 4’ X 6’ lighted sign. Voting: All Members in favor. ■ I OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Jeffrey D. & Amy L. Drake 38497 Walker Lake Dr Richville, MN 56576 APPLICANT: HEARING DATE/LOCATION: September 15, 2004 at 8:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (AS STATED BY THE APPLICANT): We propose to reduce the size of an unstable ice ridge along the shore of our property. The reduction will facilitate the recreation of a riparian zone to benefit wildlife and reduce the sand and silt runoff from the ridge. Reducing the ridge will also improve our access to the lake and provide a better view from the shore for supervising our young children. The maximum cut will be approximately 3 feet. LAKE NAME/NUMBER/CLASS: Pickerel Lake (56-475), RD E-911 ADDRESS: NA (at the end of Shady Nook Drive) LEGAL DESCRIPTION: Pt of GL 2 (6.84 AC), Section 15 of Maine 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, 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. September 1, 2004 Mailing Date Bert Olson Chairman Planning Commission Drake: Pickerel Lake Property Improvement Proposal Au£ust 17. 2004 Jeff & Amy Drake 38497 Walker Lake Drive Richville, MN 56576 (218) 367-3833 Submitted By: Address: Phone: Introduction: We recently purchased 6.84 acres with 174’ of frontage on Pickerel Lake. Please refer to Fig. 1 for the survey drawing of the property. The lake frontage consists of 42’ which is roughly level to the lake and another 132’ containing an ice ridge which varies in height between 3’ and 4’ above ground on the land side and 4’ to 5’ above water’s edge on the lake side Trees which had been growing on the ridge were removed by the previous owner. They then removed some resulting stumps and small section of the ridge according to OTC Grade & Fill permit #3655. The remaining ice ridge is sparsely vegetated and not presently stable. On August 4*'', we met onsite with Terry Lejcher from the Fergus Falls DNR office to discuss various ideas about how to improve the lake shore. Given the size of the ice ridge, much of the lake shore is unusable in its present state. Proposal From our discussion with Mr. Lejcher, we have determined that we want to alter the property in the following manner. By removing material between points B and C (Fig. 2), we will reduce the height of the berm to approximately 1’ on the land side and to between 1.5’ and 2’ from the water’s edge. Approximately 20’ of the NW end will remain undisturbed. Mr. Lejcher indicated that the DNR typically recommends leaving a berm a minimum of 6” in height. Our proposal will easily meet that parameter. The material from the ridge will be spread between the lake shore and the wetland, leaving an approximately 15’ buffer around the undisturbed wetland. No more than a depth of 6” of material will be introduced so existing trees will remain unharmed. Any excess material will be transported to the existing gravel drive. No wetland will be filled under this proposal as it is our intention to preserve the wetland and protect or enhance the water quality of Pickerel Lake. Prior to the reduction of the ice ridge, we will consult with Brad Mergens of the Soil and Water Conservation Department and Pete Buessler, DNR Prairie Biologist, to determine plantings to preserve and protect the lake shore along the reduced berm. 1. 2. 3. Please refer to Fig 2 for a scale drawing of the plans and points of impact Justification 1. The plan will adhere to the recommendations of Mr. Lejcher and other experts so that the alterations made are ecologically sound, preserve the natural wetland on the property, and improve the stability of the lake shore. (Section IV, #3B,la,b,e page 15 Shoreland Management Ordinance) 2. We intend to improve wildlife habitat by recreating a riparian zone in the designated area. (Section IV, #3Bl,c page 15 Shoreland Management Ordinance) 3. This proposal will improve our lake shore access for recreational use. (Section IV, #3Bl,d page 15 Shoreland Management Ordinance) We appreciate your consideration of this proposal. Respectfully Submitted, Jeffrey D. Drake Property Owner Amy L. Drake Property Owner 4 ^ S^nature /^UAa-^T /7 ^WB - ^ -Pee-t Scale Date Overhead View D Fig. Z hi 'PRCPETTTY LINE Berm to Rehaiw (L \ Berm to be Re&aceC) X Wetland PieKeREL Lake 6rT\A5Sy AReA B/ Dock shore Dr»ve 'Berm TO "REMAiV YZA !\ S PiRQPFRTV LlN'E C-URReNTp^FlLE AloN^PoiMTS l^TD C_ BERM Shorefi''RASSY AREA Wetland Pickerel Lake PkoPosEbTkoFiLE Along- Poimts. B to (L ShorpGrRASsy area BeRIA ^ o I —<xWetland PicheRel Lake BK — 0403 313,987 • Victor Lundeen Co„ Printers • Fergus Falls, MN » 1-800-346-4870 N. 1/4 CORNER SECTION 15-134-41 lO 3002.001 00too 50 o Sco-ie- in Fkei'I/ V V L . v_y // 100M0 N. LINE OF - GOV T LOT 2 N 89'49‘20" W ON.W. CORNER OF-. GOV‘ T LOT 2 584 ±|N\5/./6i9 ;x\415.97 49.47'^. 67 ± V h \ \ \ \ \ \ \ V ' \ <^ \ ''t\ \ V.\ \\\\l/\\\\l/\\ A\9-A \ ^ \l/ It I A / ^ ^V ¥ I I, I M /\l//I /I PARCEL/ A 6.64 ± I ACRES Q O)N \l/K /K NW'LY LINE OF LOT 1/*o I \l/Vi 10 ’'I \\/I ■MOST W'LY COR. OF LOT 1\W. UNE OF GOV" T LOT 2 /2\ / O 10N I*.\ t /^T- i- . /\l/\/■vlNKi/■*kN.N-S 1/4 LINE OF - SECTION 15-134-41 \«•*/\W" LY UNE OF LOT 1O:2; E'LY R/W UNE OF C.R. NO. 115 <7*1 K>SiQol ■> <\ro,o SlV'i.y' cor/OF LOT 1o>\\J inN §A1S 89’35‘26”E 475.28 %Vi iSio(..51.64'^.o183.08<o 235.56/I /S-r- (L.V-/ I O .1h-Ui 239.72 ......Lu ?1<o o -i-t W'LY LINE OF DEDICATED ROAD PER WEST SHADY NOOK BEACH < 8OO01 '^X'OmA't' inbQ - J 2Oo Q X' \>o rcP<o00 I :<N|t------1