HomeMy WebLinkAbout38000990717000_Conditional Use Permits_06-19-2002C}-n-sooQ
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # _
was filed/recorded in this office
for record on the ^ day of
(XiifliAT_____2002 at.
908750
908750
tv Recorder \uX.) DeputyWendlrL. Met
by:
hCi recording fee
^well certificate
C’lL
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
***COMPLETETHIS APPLICATION IN BLACK INK***
~r\ ^ ^ O ,L Application Fee
Receipt Number_
Accepted By / Date.
_DAYTIME PH0NE<V/^).5/5 -^//^
‘ Rob &ore.l: {-Lt<S)tR ^
-r'o
^ Srey\Ja. f^ofolps______
^ LtlL Fle.ce. CA.
——- -j j
LAKE NUMBER ^1SY<LAKE NAME P/rJRe.rf>J
SECTION
PARCEL NUMBER ^S' 00(b 9^ 61 /I OOO
PROPERTY OWNER
ADDRESS
LAKE CLASS Rb
!6 TOWNSHIP /39a/ RANGE ^/l/t/ TOWNSHIP NAME ___________
E-911 ADDRESs5/^^g ~
LEGAL DESCRIPTION
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
^"^^(1)Vopographical Alteration (2) Commercial Use (3) Cluster Development (4) Extractive Use (5) Industrial Use
(6) Forest Land Conversion (7) Miscellaneous
/
3.
^
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.
/
yf /yr7^i^. ^47-1
SIGNATURE OF PROPERTY 6wNER 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
(rDate Of Planning comnnission Hearing Time
Planning Commission Motion
June 19, 2002:
Motion: A motion by Maske, second by Lachowitzer to deny, due to lack of
representation.
Motion: A motion by Trites, second by Lachowitzer to deny, reasons being that
alternatives exist that would further reduce potential for erosion and eliminate excavation
in the shore impact zone; such as: 1. Raising the riprap instead of installing a retaining
wall. 2. An above ground stairway. 3. Safety is an issue, since the proposed stairway
does not have a railing.
airman/otter Tail County Planning CommissionCh
County Board Action
Approved As Recommended
Denied As Recommended
---------Other Sec.CC) j
^-----------
Date of Final ActionChairman/Otter Tail County Board of Commissioners
l/r Onicial/Date5%1CONDITIONAL USE PERMIT#
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management
Copy of Application Mailed to Applicant And MN DNR
i/
No
yi/L & R Official / Date
OTTER TAIL COUNTY
Conditional Use Permit # S%x
3tS09 (WtruJOQgt MrJ ^^7^
Location: Lake N5^||.^^$ec. IQ Twp. I3>f Range_MJ_ Twp. Name A^4fc
Owner’s Name
Address
3%^SCO-^yOin-OCO
Work Authorized:iwsifitu wmm reflate
Stcty w»»i wt klatfc. Sl»^s vj
foilow/vwh wdmans-. G> TV« w^iAr <»»m rwf M>e ty
^\<€c.jM4 *aWaM UX< OA»^fc/w4c ertSiap gcw^r
(i^—m«e>y& Hfanrie. S<hl Mik» U Ca/tfjl wjuMiiw
•lo /nM^te^lOOy '
i
Land and Resource Management Official
liUo2=Expires:Issued:
1^-4»>il I8t»1. Earthmoving shall be done between
2. Entire area shall be stabilized within 10 days of the completion of any earthmoving.
3. Owner is legaily 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
WORK HAS BEEN COMPLETED.
&
BK-1099-046
296,111 • Victor Lundeen Co., Printers • Fergus Falls, MN • I•600-346-4870\0^\e0
OTC Bdferd of Commissioners' Minutes
September 10, 2002
Pai
Approval of Exempt Permit
Motion by Block, second by Froemming, and unanimously carried to approve, with no waiting
period, the Rocky Mountain Elk Foundation’s Application for Exempt Permit for an event scheduled
for September 28, 2002, at the Pier.
/ Extend Condition for Conditional Use Permit #5968
Developer, Gr^ i^lSbn, of Superior Lakeside, requested an extension to perform earthwork to
complete two retaining walls and haul in rock for rip rapping in the spring. Motion by Froemming,
second by Lee, and unanimously carried to extend the condition for earthwork for 30 days (until
10/01/02) for CUP #5968, Matt & Brenda Hobbs on Pickeral Lake. All other conditions of the
permit remain the same.
Recess & Reconvene
At 12:05 p.m.. Chairman Mosher declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at 1:02 p.m. with
Commissioner Froemming absent for the remainder of the meeting.
Resolution in Support of
2002 Comprehensive Economic Development Strategy
for West Central Minnesota
Otter Tail County Resolution No. 2002 - 53
Commissioner Lee offered the following and moved its adoption:
WHEREAS, West Central Initiative has prepared a Comprehensive Economic Development
Strategy (CEDS) for the region containing Becker, Clay, Douglas, Grant, Otter Tail, Pope, Stevens,
Traverse, and Wilkin Counties of Minnesota (West Central Minnesota); and
WHEREAS, The CEDS contains analysis, economic data, economic development projects, and
goals and objectives for the betterment of the region; and
WHEREAS, Availability of an approved CEDS and related annual updates are a condition for
qualifying for grants for local economic development projects from the Economic Development
Administration of the U.S. Department of Commerce; and
NOW, THEREFORE, BE IT RESOLVED, That the Board of County Commissioners of Otter Tail
County, Minnesota, approves the 2002 Comprehensive Economic Development Strategy for West
Central Minnesota.
Commissioner Nelson seconded the motion and upon being put to vote, the resoiution was
adopted.
Adopted at Fergus Falls, Minnesota, this lO*'’ day of September, 2002.
OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated:
By:Attest:
Dennis R. Mosher, County Board ChairLarry Krohn, Clerk
OT Co, Board of Commissioners' Minutes
June 25, 2002
Page 4
Conditional Use Permit - Matt & Brenda Hobbs:
Mr. Kalar stated that this CUP request was recommended for denial because of lack of
representation at the Planning Commission meeting. Shoreland Solutions Consultant, Rob Goral,
spoke on behalf of the applicants and explained that he thought the Planning Commission meeting
was Thursday, not Wednesday and that error was the reason for lack of representation. He
requested that the County Board consider and approve the proposal on the merits of the
application. Discussion followed. Motion by Froemming, second by Nelson, and unanimously
carried to refer this Conditional Use Permit request back to the Planning Commission to review the
request at their July 10, 2002, meeting. This motion is conditioned upon the applicant’s written
agreement to waive the 60-day rule.
OTCo Board of Commissioners’ Minutes
July 16, 2002
Page 5
Conditional Use Permit - Matt & Brenda Hobbs:
Land & Resource Director, Bill Kalar, stated that this CUP request was initially recommended for
denial due to lack of representation. The County Board referred the request back to the Planning
Commission for consideration,
recommended denial.
represented the application. Mr. Goral stated that this project appears to meet the County’s
ordinance in every way and stated that the decision from the Planning Commission was arbitrary
and failed to state findings of fact as to how this violated the ordinance. The owner to the west of
this property stated that he has looked at this proposal and what is being requested is the same
that neighbors have completed and he recommended approval. Lengthy discussion followed.
Motion by Froemming, second by Block, and unanimously carried to table the Conditional Use
Permit request of Matt & Brenda Hobbs for one week after further review by the Land & Resource
Director. This request will be considered at the Tuesday, July 23, 2002, County Board meeting.
The Planning Commission considered the proposal and
Rob Goral of Shoreland Solutions and Applicant, Brenda Hobbs,
01C Board of Commissioners' Minutes
July 23, 2002
Page 4
Conditional Use Permit Application
Bill Kalar, Land & Resource Director, explained that the CUP request of Matt & Brenda Hobbs was
tabled at the July 16, 2002, County Board meeting for additional information. Highway Engineer,
Rick West, and Mr. Kalar viewed the property. Mr. Kalar submitted photographs of the property
and stated that he took a boat ride around the lake and there are several examples of retaining
walls of various types and similar examples of what the Hobbs’ are proposing. Rob Goral of
Shoreland Solutions, stated that the Hobbs’ proposal would reduce runoff toward the lake, filter
and define what is currently washing into the lake and reduce erosion. Discussion took place
regarding allowing the same benefits as the neighbors enjoy. Motion by Froemming, second by
Lee, and unanimously carried to approve a Conditional Use Permit to install a retaining wall and
replace stairway with imbedded block steps per plans and drawings with the following conditions
recommended by the Planning Commission: 1) The water from the roof of the house be directed
away from the lake and, 2) Appropriate erosion control measures must be taken (i.e. exposed soil
must be covered from beginning to completion). The property is described as Lot 2, Block 1,'
Denwood Acres First Addition, Section 10, Maine Township, Pickeral Lake (56-475)
OTCo. Board of Commissioners’ Minutes
July 16, 2002
Page 5
GL 3 & 4 ex trs & ex platted ex roadways, Section 2 in Edna Township: Little McDonald Lake
(56-328).
Conditional Use Permit - Matt & Brenda Hobbs:
Land & Resource Director, Bill Kalar, stated that this CUP request was initially recommended for
denial due to lack of representation. The County Board referred the request back to the Planning
Commission for consideration,
recommended denial.
represented the application. Mr. Goral stated that this project appears to meet the County's
ordinance in every way and stated that the decision from the Planning Commission was arbitrary
and failed to state findings of fact as to how this violated the ordinance. The owner to the west of
this property stated that he has looked at this proposal and what is being requested is the same
that neighbors have completed and he recommended approval. Lengthy discussion followed.
Motion by Froemming, second by Block, and unanimously carried to table the Conditional Use
Permit request of Matt & Brenda Hobbs for one week after further review by the Land & Resource
Director. This request will be considered at the Tuesday, July 23, 2002, County Board meeting.
The Planning Commission considered the proposal and
Rob Goral of Shoreland Solutions and Applicant, Brenda Hobbs,
Preliminary Plat - “Long Lake Shores Third Addition’YArt Riestenberg:
Motion by Nelson, second by Lee, and unanimously carried to clarify a previous provision that
stated there were no bluffs onsite. Lots 1 & 2 have bluffs onsite; however, there appears to be
sufficient buildable area. The plat is approved with the bluffs onsite provided there is sufficient
buildable area on the lots.
Conditional Use Permit - “West Silent Lake Retreat”/Lyle Kachelmyer and Douglas Kramer:
Motion by Lee, second by Mosher, and carried with Nelson opposed, to approve a Conditional Use
Permit to construct a road to service the plat of West Silent Lake Retreat pursuant to a Court
Order. The property is located in Section 31, Township 136, Range 41, in Dora Township, W.
Silent Lake (56-519).
Final Plat - “Prime Pine View”
Motion by Froemming, second by Lee, and unanimously carried to approve the Final Plat known
as “Prime Pine View” located in Section 25 of Leaf Lake Township, East Leaf Lake.
Recess & Reconvene
At 12:06 p.m.. Chair Mosher recessed the meeting of the Otter Tail County Board of
Commissioners for lunch break. The meeting was reconvened at 1:00 p.m.
Approval of Personnel Request
Detention Administrator, Gary Waskosky, introduced Richard Akerman and explained that he will
be the new Administrator October 1, 2002. He requested permission to hire a replacement on
Mr. Akerman’s detention officer team two months prior to allow Mr. Akerman to train into his new
position. Motion by Lee, second by Froemming, and unanimously carried to authorize Detention
Administrator, Gary Waskosky, to hire a detention officer replacement August 1, 2002.
Fire Department Grant Approval
Motion by Nelson, second by Froemming, and unanimously carried to authorize the Chair’s
signature to execute a grant contract between the County of Otter Tail, DEM and the State of
Minnesota Commissioner of Public Safety, DEM as recommended by the Safety Director. This
Planning Commission
July 10, 2002
Page 5
4"i-j
Matt & Brenda Hobbs - Denied:
A Conditional Use Permit Application to: 1. To perform grading and filling within the
Shore Impact Zone without permanent devegetation. 2. To install T-2’ high concrete
block-style retaining walls in areas as shown on plans (on file at Land & Resource
Management, Courthouse). 3. To replace existing above-ground wooden stairways with
imbedded block steps on steep slopes. 4. To backfill after resetting existing riprap an
additional T higher than present elevation. The property is described as Lot 2 Block 1,
Denwood Acres First Addition, Section 10, Maine Township; Pickeral Lake (56-475), RD.
June 19, 2002 - Motion (Planning Commission): A motion by Maske, second by
Lachowitzer to deny, due to lack of representation.
June 25, 2002 (County Board): The County Board passed a motion to refer this request
back to the Planning Commission for review.
Brenda Hobbs & Rob Goral represented the Application.
Motion Failed: A motion by Trites, second by Schwartz to approve as presented
provided: 1. The water from the roof of the house be directed away from the lake. 2.
Appropriate erosion control measures must be taken (i.e. exposed soil must be covered
from beginning to completion). This approval is reasonable and consistent with past
action.
Voting Yes: Bergerud, Schwartz & Trites
Voting No: Boyer, Lachowitzer, Maske and Sha
Motion: A motion by Trites, second by Lachowitzer to deny, reasons being that
alternatives exist that would further reduce potential for erosion and eliminate excavation
in the shore impact zone; such as: 1. Raising the riprap instead of installing a retaining
wall. 2. An above ground stairway. 3. Safety is an issue, since the proposed stairway
does not have a railing. Voting: All Members in favor.
Additional Discussion:
“Long Lake Shores Third Addition’VArt Riestenberg (Long Lake (56-388)): Bill Kalar
discussed with the Commission the motion that was passed regarding this preliminary
plat. The approval had a provision that Land & Resource Management verifies that there
are not any bluffs onsite. Mr. Kalar informed the Commission that Lots 1 & 2 do have
bluffs onsite, but do appear to have sufficient buildable area. Motion: A motion by
Lachowitzer, second by Boyer to approve the preliminary plat with the bluff onsite
provided there is sufficient buildable area on the lots. Voting: All Members in favor.
Mike Bleichner (Marion Lake (56-243)): Bill Kalar indicated to the Commission that Mr.
Bleichner requested clarification as to how much of the wetland must be delineated. The
Commission indicated that the area within the proximity of the building site, septic system
and fill site (approach) must be delineated.
Adjourn: At 11:00 P.M. Bob Schwartz set the meeting.
Respectfully submitted.
Marsha Bowman
Recording Secretary
Planning Commission
June 19,2002
Page 3
Mike Bleichner-Approved With Conditions:
A Conditional Use Permit Application for an approach to my land to build a home. Dallas
from the County said there is no problem with putting an approach on the land.
Approximately 270 yards of fill, 15’ by 20’ area wetland needs to be crossed. The
property is described as Pt Gov. Lot 1 (17.5 Ac), Section 8 of Rush Lake Township:
Marion Lake (56-243), GD.
Lynn & Mike Bleichner and John Bleichner represented the Application.
Melvin Klein expressed concerns regarding the road right-of-way (it’s proximity to the
lake), the wetlands, lake access and safety in crossing the road. Norm Peach
commented that this property is marginal. Paul Tangen expressed concerns regarding
the narrow sliver of land between the road right-of-way and the lake and also made
reference to the wording in the Shoreland Management Ordinance regarding the
Planning Commission’s considerations. Dick Kotchevar expressed concerns regarding
the use of the road right-of-way. Maryann Hampton expressed concerns regarding
protection of wetlands.
Motion: A motion by Bergerud, second by Maske to approve filling for an approach, with
the following conditions; 1. The wetland is properly mitigated. 2. A drawing is provided
to the Land & Resource Management Office, verifying that there is adequate room for 2
onsite septic systems (drawing must include wetland delineation). 3. No docks or
boatlifts can be placed lakeside of County Highway #49. Voting: All Members in favor,
except Lachowitzer.
Break: At 9:05 P.M., the Commission took a 10 minute break.
Matt & Brenda Hobbs - Denied/Lack of Representation:
A Conditional Use Permit Application to: 1. To perform grading and filling within the
Shore Impact Zone without permanent devegetation. 2. To install T-2’ high concrete
block-style retaining walls in areas as shown on plans (on file at Land & Resource
Management, Courthouse). 3. To replace existing above-ground wooden stairways with
imbedded block steps on steep slopes. 4. To backfill after resetting existing riprap an
additional T higher than present elevation. The property is described as Lot 2 Block 1,
Denwood Acres First Addition, Section 10, Maine Township; Pickeral Lake (56-475), RD.
Nobody was present to represent the Application.
Motion: A motion by Maske, second by Lachowitzer to deny, due to lack of
representation. Voting: All Members in favor.
Glenn K. & Kathleen A. Carlson - Approved As Presented:
A Conditional Use Permit Application to construct a driveway, 16 ft wide - 4 inches of
Class 5 gravel from 475*'’ Ave extending approximately 620 ft. into the lot. The property
is described as Pt GL 3, 7.7 Ac in Section 20 of Leaf Lake Township: West Leaf Lake
(56-114), RD.
Glenn & Kathleen Carlson represented the Application.
Motion: A motion by Boyer, second by Maske to approve as presented. Voting: All
Members in favor.
1 .grid(s) equals inch(es) equals feetScale:feet, or
Please use this sheet for the required scale drawing of your proposal. Be sure to incijde lot dimension, water frontage, and setbacks f\om RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious sur face coverage calculation (See definition in Shoreland Manacement Ordinance)
jo <^. ‘yQC>
Total Lot Area
(FT2)
X 1C0 = ^-3.<0. /Ofe?-%•-Total Impervious
Surface Onsite
(FT2)
TA
V
<r\t
I
□
au
'If
9"
-li
J □iS.5'
t*=-/5o
DatedfiiCjt
GRADE & FILL APPLICATION
COUNTY OF OTTER TAIL - LAND & RESOURCE MANAGEMENT
121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537 218-739-2271
$50.00PERMIT NO.Application Fee
Receipt Number
f7fr£yic/<^PROPERTY OWNER
MAILING ADDRESS 3 /,'//y P/^irf
CITY, STATE, ZIP TaM^
DAYTIME PHONE NUMBER /le^e/rh: /^o^Ji (d Af/i // ' i¥/s)
o S£l/€/^f
LAKE NO. ^16'P CLASSLAKE NAME
PARCEL NUMBER(S) ODO^ Dill OOO____________________
SECTION TWP NAME ___________________
LEGAL DESCRIPTION Lrrj' , DfAuJooJ Acirf^ ^ f/rs'^ Acic(i'/is>f\
E-911 PROPERTY ADDRESS • 33./^ /^a/
£A/^' / DATE^rzo
SIGNATUF^ OR PROPERTY OWNER/AGENT FOR OWNER
L&R Official
DESCRIPTION PROJECT REQUEST BELOW (Provide Scale Drawing On Back)
TOTAL CUBIC YARDS / 7 ^uf. 2S', S fji ^ 5~.j
y^A>^:i£. ^ ~ Z' cc>c^f ,fdAcA /leA^i/rUA^
Cu/aA^ cr^
A. .^Aif2£-A^ yL2AeA~
y'2^!zA / '^/AavC C6oA0^^3.
AordeAa'A, ^ee pfi^es, ^/h a^xd *^/d.
y2e*4<£rV££P(yrs
BK05/00 305.910 • Victor Lurxleen Co., Printers • Fergus FaJis. MN • 1-000-346-4870PA^e, (/i