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HomeMy WebLinkAbout38000360301001_Conditional Use Permits_04-18-20010^1'8|2j3bl OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # ---------------- was filed/recorded in this office for record on the . H—day of 2001 at 2; 880859 880859 am/g^ I f ■ -^ch4 recording fee () well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, WIN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK ***opApplication Fee J STO Receipt Number lOAurStz scH^ior PHONE H 9S-^SS'IPROPERTY OWNER DAYTIME ADDRESS 33(oZO Cou^r'i H-ujh f f LAKE NUMBER S'U ' LAKE NAME O TTT^/L. /€ I RANGE 4^/ LAKE CLASS TOWNSHIP NAME AJA\/OCj3 (ajPI TOWNSHIP 38ooq3<o ojo/00//z s'? -uoo o/ooo2.a/z. SECTION 3(o^GPARCEL NUMBER FIRE/LAKE I.D. NUMBER y UT7 ^ to Hts* Si.1 ; fir^v /iV' T'i ^ s LEGAL DESCRIPTION /v*r Suj S. G.(^.7 ; Z, AJ oi- /fOuf 3^ 0^C^m SeC 3 ,7*/ OAA- •$» C 1 _______________________EXPLAIN YOUR REQUEST OA>£X/^Ar<^ A 01^6-AH A aJ ^eoAr/ 0 J^cr^Ai/Z. o/=* qf'/lufp SfTa T^ /A-Ac i. (-totF X) j'o rAeA-/sH^y/eif=^A.ocA7T^ Utcs AuJc.Ar/oy^ AC/^S'j C.H-A^>(r{A^G- /=7?c./c//-y ^ PaAKi^g- y- SA*^trAA.t^ /^A ct , a) peR.hA\^iosJ fr M\/ pj^£s0fJt'P Si<^^ to //0v/Xoc.Ato^ ‘Admass' To /vicu& S//0d T> fd£ /JPW MextioV/^^jz I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAtiD.de^^^'^X 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 APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-0299-006 294.913 • Victor Lundean Co.. Printer • Fergus FaHs. Mirmesota 3^-00 0- 3C£-0^ol-o0l Seet/Twn/Range 36 134 041 1, DeededLot/Blockop 7 EX W 413 1.00 AC Sl-^oo- oi-O00> -3^-000-3'^-°^''°°^ Sect/Twn/Range 36 134 041 §1^41?'^ & 231.5' NLffloM 1^cSr'g.E.7;SLY 50'; ELY 155' TO WATERS EDGE, NLY 50'; WLY TO BEG Sect/Twn/Range 01 133 041 PlatLot/BlockLOT 2 N OF HWY EX W 413' .34 ACDeeded .18 AC Accepted By Land & Resource L & R Official/Date /y Soo/Date Of Planning Commission Hearing Time Planning Commission Motion . %April 18. 2001 - Denied: Motion: A motion by Bergerud, second by Schwartz to deny the request for the following reasons: 1. This request is incompatible with the area. 2. Approval would create a crowded situation and increase traffic and congestion. 3. This plan does not appear to provide adequate parking outside of the 100’ river setback and the 20’ road right-of-way setback for structures. - s ^ • f ■r 4 Chairman/Ott^Tail County Planning Commission fY\ County Board Action ___Approved As Recommended Denied As Recommended Other Date of Final Action r Ch^rman/Ott^r Tail County Board of Commissioners Ol L & R Official/Ddle ' o!CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management NoYes (Contact Land & Resource Management) L &R Offi( Copy of Application Mailed to Applicant And MN DNR Planning Commission April 18.2001 Page 3 Planning Commission April 18.2001 Page 4 Milt Paulson represented the Application.proposed shed would cause a visibility problem and that the volume of tubers needs to be addressed. Mark McMorrow spoke against the proposal, stating that he would like to see it totally eliminated, it is an eyesore, expressing concerns regarding safety and public drunkenness. Becky Roberts spoke against, stating that the tubers do not have respect for property, expressing concerns regarding intoxication and pollution. Colleen Houa expressed concerns regarding rudeness & swearing of the tubers, they ruin property. Dan Sandahl indicated that the pictures presented with the letter show an old fuel bamel next to the river that needs addressing. Jan Gladson indicated that this location is not a place for a shop^unkers & expressed concerns regarding the numbers of tubers. Break: At 9:25 P.M., the Commission took a break to allow Bill Kalar to obtain the files for the existing tubing businesses (Johnson & Riverfront). Dale Hinsverk indicated that he has been helping Mr. Schmidt with his business, stating that it is not perfect, but that it has improved and they try do things right. He informed the Commission that they do a river clean-up and have received several positive comments. Steve Lommel indicated that he bought a lot on this lake because it was a private lake and did not have a public access, and would like to keep boat traffic minimal - this is a small lake. Kurt Peterson Indicated that this proposal was the “lesser of 2 evils” with a DNR Public Access being an alternative, stating that control is the issue - this is a small lake. Motion: A motion by Trites, second by Estes to approved with the following conditions: 1. A grading plan for constmction of the access must be approved by Land & Resource Management. 2. There must be locked gate placed onsite. 3. An association (or something similar) must be created to maintain the access. 4. A protected covenant prohibiting the creation of boat accesses on Lots 2-9 must be signed by the future owners of Lots 2-9. 5. This access must be removed if a public access is developed on this lake. Voting: All members in favor, except Lachowitzer & Sha. Break: At 8:20 P.M., the Commission took a 10 minute break.9:45 P.M. - Frank Lachowitzer left the meeting. Walter Schmidt - Denied: A Conditional Use Permit Application to 1) Operate a one-man Automotive/Boat/Small Engine Repair Shop (30'x60’) with sales of reconditioned equipment & auto onsite. 2) To establish/relocate tube rental to this site vice present location across Hwy #1. To include changing facility, parking & sanitary facilities. 3) Permission to move my present 4’x8’ sign to new location across the road & permission to move my 8’x8’ storage shed to the new location for dressing. The property is described as S 181.5’ of Lot 7 ex W 413’ (1AC), Beg 413’ E & 231.5’ NLY frm SW cor GL 7, SLY 50’, ELY 155’ to waters edge. NLY 50’ WLY to beg (.18 AC), Section 36 of Maine Township & Lot 2 N of Hwy ex W 413’ (.34 AC), Section 1 of Sverdrup Township; Otter Tail River (56-OTR). Motion: A motion by Bergerud, second by Schwartz to deny the request for the following reasons: 1. This request is incompatible with the area. 2. Approval would create a crowded situation and increase traffic and congestion. 3. This plan does not appear to provide adequate parking outside of the 100’ river setback and the 20’ road right-of-way setback for structures. Voting: All members in favor. Lindv's Lakeview Resort/Scott & Christie Lindemann - Withdrawn: A Conditional Use Permit Application stating: We have requested a variance from the Board of Adjustment to create three separate parcels. If approved, we wish to request approval for the remaining resort cabins as a cluster development. Our reasons are as follows: (1) The separation of our private residence from the resort property. (2) To reduce crowding and density by reducing the resort from nine cabins (19 bedrooms) of weekly rental to six cabins (13 bedrooms) of seasonal rentals. (3) To create a 26,000 sq. ft. parcel for sale to our father/father-in-law so that he can build a 1,000 sq. ft. home valued at $80,000 with separate well and septic. The property is described as Sublot 2 of Government Lot 4 of Section 23, Rush Lake Township; Rush Lake (56-141), GD. . .Walter Schmidt and Tucker Hummel (attorney) represented the Application. Beverly Draper expressed concerns regarding compliance with DNR & Land & Resource Management regulations, the septic system, engine repair/paint, vehicles left sitting onsite, rodents, trespassing, tubers urinating on her property and stated that due to the number of tubers - they can not use their boat. Ron Draper expressed concerns regarding the parking, the difficulty for cars to meet on the road, increased taxes on his property & the value decreasing, junk laying around & minors drinking. Mindv Sandahl indicated that the proposed 30’ x 60’ shed would block view for traffic on the road. Larrv Johnson indicated that he has a permit to rent tubes too, stating concerns regarding the size of the proposed sign & traffic. Steve Walwick expressed concerns regarding the tubers being out of control - mainly the litter they leave behind, public intoxication, trespassing, safety (found a passed-out tuber floating face down). Jerry Swenson indicated that it is hard to imagine this being a one man operation. Lvnette Swenson expressed concerns regarding trespassing, stating they can not use their pontoon on weekends due to the number of tubers. Wanda Walwick expressed concerns regarding the lack of ability to fish off their dock - due to the number of tubers, stating that it needs to be monitored and that pollution is a problem. Michelle Peterson indicated that there are other legal issues to be considered. Brian Nelson expressed concerns that the Bill Kalar infomed the Commission that Land & Resource Management received a letter from Scott D Lindemann requesting to withdraw their Application. Recognition of Withdrawal: Chairman Olson recognized the withdrawal. Sandra Brownstein - Approved With Conditions: A Conditional Use Permit Application to obtain a permit 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 determined 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 serve both Co^ftfiKXtO PKmir OTTER TAIL COUNTY onditional Use Permit CA]P*ssii UjALrea. ____________ Hui^ i lbJO£^LJ^t>a ^ JhfJ SiaSlSL_______ Twp./33 Rangfi *// Twp. Name Sj/s<Dau/^ ONER'S NAME! 8C/niAl€£ /g^CH>»l^0^o/^/ ^6* 73 DRESS ocation: _________________?r qf Gi. SL ______C d.\\/ea.FAe>nT Lt>ufjq^____________ sued jpp^. 1 9-12_, Expires-: ^ork Authorized 19 OPBAfifre. A TUA£ SilSI^SSS TitC ; /) Access TO TV£ a/rmjmj£a fiut this TUS£a^ ]g> Glass S)Aissm0di»^ fist^iosA ny tube jggwrties/tieg i»/stAUL fa A eAAAAS£ ^>e^eAm-£/i«» musr #tl? . This card shall be placed in a conspicous place not more than 4 feet above grade on the premises on which work is one, and shall be maintained there until completion of such work. NOTIFY DEPARTMENT OF LAND AND RESOURCE \GEMENT, TELEPHONE (218) 739-2271 WHEN AUTHORIZED WORK HAS BEEN COMPLETED. SfiH6ACer sjiPi&t^nHs of u/tu, et FmF% u, V... sen Iff 1^0 ^ S16H ADMINISTRATOR, Land and Resource Management A^i^T 7& £xC££0 V^)t tfJ St2.& 0 OTTER TAIL COUNTY, MINNESOTA Board of County Commissioners iarthmoving shall be done between itire area shall be stabilized within 10 days of the completion of any earthmoving. wner is legally responsible for ail surface water drainage that may occur. 3 fill shall enter or be taken from the beds of a public water without a valid permit from the State of innesota Department of Natural Resources. the terms of this permit are violated the entire permit may be revoked and the owner may be subject legal prosecution. & MKL-0574-046 23B.SS2 — Yj«or Lundson Co., Pnnt»s. Fergus Fafis. Mlr^ns^Jta SCJZI^: / /ATj¥