HomeMy WebLinkAbout16000230130008_Conditional Use Permits_07-18-2001. • "T-f&-200l '
886463
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that §80463
this instrument #
was fiied/recorded in this office
for reccitd on the _2^_day of
(1x0 2001 at.SlwS®pm
Wendy L.l\/f«calf, County .Recorder
by:19 ■ fBCordinolee<(^
weii certificate
.li^puty
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
*** COMPLETE THIS APPLICATION IN BLACK INK ***
Application Fee
/335iiOReceipt Number
4^/3S<^ JicoiP
DAYTIME PHONE A2^<aPROPERTY OWNER
D^T~ /TiA/ADDRESS
R D
IS it- AJ range V/
/y/4oe<a^3o/3ogqg ^ ^/teocx>^a /Joo^7
LAKE NUMBER LAKE NAME
SECTION A-i TOWNSHIP
LAKE CLASS
TOWNSHIP NAME
De>jT.hit*
E-911 ADDRESSPARCEL NUMBER
LEGAL DESCRIPTION
4~^T /
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
9(1 ) Topographical Alteration/ ( 2 ) Commercial Use ( 3 ) Cluster Development (4) Extractive Use ( 5 ) Industrial Use
( 6 ) Forest Land Conversion ( 7 ) Miscellaneous
EXPLAIN YOUR REQUEST
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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 & RESOURCfi^ANAGEMENT REGARDING THIS MATTER.
ktCElVED
JUN 0 6 2001
SIGNATURE OF PROPBm OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)land & RESOURCEBK-eeooeoe
301,508 • Victor Lundoen Co., Printers ■ Fergus Falls, Minnesota
Accepted By Land & Resource L & R Official/Oate ^
-7:oDDate Of Planning Commission Hearing Time
Planning Commission Motion
Juiv18. 2001:
Motion (Failed): A motion by Lachowitzer, second by Bergerud to approve with the
following conditions: 1. The road has a 10’ top with 2/1 sideslopes. 2. Riprap is
installed in the areas adjacent to the wetlands. 3. Must comply with the Wetland
Conservation Act.
Voting Yes: Bergerud, Lachowitzer, Sha, Schwartz & Trites
Voting No: Boyer, Estes, Maske, Olson & Zimmerman
Motion failed due to a lack of a majority, therefore the request was denied.
hairman/Otter Tail County Planning Commission
County Board Action
Approved As Recommended
y Denied As Recommended
Other
a nbj4-
Date of Final ActionChairmarlfOtter Tail County Board of Commissioners
^ L & R Official/Date
UjJULa^CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
NoYes (Contact Land & Resource Management)
' L&R Official/Date
Copy of Application Mailed to Applicant And MN DNR
GRID PLOT PLAN feet SKETCHING FORM/___grid(s) equc..., /O' feet, orScale:inch(es) t ,^ais
Dated:, rs Sckj / .
Signature
Please sketch your lot indicating setbacks from road right-of-way, lake, sideyard and septic tank and drain-
field for each building currently on lot and any proposed structures.
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jUM 0 6 2001
LP^ND & RESOURCE
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MKL — 0871 — 029 281,949 • Victor Lundeen Co. Printers • Fergus Falls. MN • 1-800-346-4870
[Bill Kalar - 20d10724.doc Page4 j
■
' OTC Board of Commissioners’ Minutes
July 24, 2001
Page 4
program, 2) controlling leafy spurge and reestablishing desirable plants, 3) County fairs, 4) Red
River Valley Association, 5) recent meeting with the Commissioner of Ag, 6) small grain plot tour
on Richard Vigar’s property, 7) thistle research plots in Henning, and 8) problems controlling
potato beatles.
Planning Commission Recommendations
Conditional Use Permit - Nidaros Township:
Motion by Froemming, second by Lee, and unanimously carried to approve a Conditional Use
Permit to replace a culvert and to reshape ditch to move the water to the south side of road for
safety of traffic as presented. The property is described as 220"’ St., Section 2 of Nidaros
Township; East Battle Lake (56-138).
Conditional Use Permit - Northern Lights Resort / Mike & Cheryl Harris:
Motion by Nelson, second by Lee, and unanimously carried to approve .a Conditional Use Permit
to improve cabins on the resort with conditions as recommended by the Planning Commission.
The property is described as GL 9, Com S% Cor Section 25, N 2021.91’, W 223.26’.(7.81 Ac),
Section 25 of Dead Lake Township; Dead Lake (56-383).
Conditional Use Permit - Bruce A. Braaten:
Land & Resource Director, Bill Kalar, noted that several citizens had concern with this CUP
request at the Planning Commission meeting. Adjacent property owner, Jay Mackie, spoke in
opposition to this request. Discussion followed. Motion by Mosher, second by Block, and
unanimously carried to deny a Conditional Use Permit, as recommended by the Planning
Commission, to build a road along the north end of a slough. The property is described as Tract X
& Y, Government Lot 1, Section 23 of Dora Township; Hoffman Lake (56-1627).
Conditional Use Permit - Alan Davev;
Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to build a driveway with conditions as recommended by the Planning Commission. The
property is described as Pt of GL 5 & 6, known as Lot V, Section 28 of Hobart Township; Long
Lake (56-388).
Conditional Use Permit - Fred & Jana Mission:
Motion by Lee, second by Froemming, and unanimously carried to deny a Conditional Use Permit,
as recommended by the Planning Commission, to remove approximately 125 yds. of dirt to taper
back of house to sloped bank. The property is described as Lot 5, BIk 1 Trowbridge Acres in
Section 16 of Candor Township; Trowbridge Lake (56-532).
i
Conditional Use Permit - Carolyn Jorgenson Markle:
Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use Permit
to haul-in and stock pile fill material, fill the inslope in the Township right-of-way, and extend the
culvert with conditions as recommended by the Planning Commission. The property is described
as Poss Beach Add’n #2 - Lot 1, BIk 1 (#1772 & #370-029) not to be split. Section 31 of Dunn '
Township; Lake Lizzie (56-760).
1
Conditional Use Permit - Karen Odden and Gerald & Sandra Vandermav:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use Permit
1
Planning Commission
July 18, 2001
Page 2
Northern Lights Resort / Mike & Cheryl Harris - Approved With A Condition:
A Conditional Use Permit Application for Northern Lights Resort which would allow us to
enlarge Cabin #1 by 200sf, enlarge Cabin #5 by 241 sf, and replace rooflines on Cabins
#2, #6 and #7 in order to become more aesthetic to the surrounding area and eliminate
the incongruous add-on rooflines created in the past by previous owners. The property is
described as GL 9 Com SI/4 Cor Sec 25, N 2021.91’, W 223.26’...(7.81 Ac), Section 25
of Dead Lake Township: Dead Lake (56-383), NE.
Mike & Cheryl Harris represented the Application.
Hillary Barry spoke in support of the request, stating that in order to operate Ma & Pa
Resorts - updating needs to take place. Duane Donnelly spoke in favor, stating that the
request is feasible and necessary and will not pollute anything.
Motion: A motion by Zimmerman, second by Bergerud to approve as presented, with
the condition that the project be completed within 5 years (2006).
Voting: All members in favor.
Bruce A Braaten - Denied:
A Conditional Use Permit Application to build a 20’ road that is 60’ long along the north
edge of a slough. It is the only way I can access the lake. The road would be
constructed by Peter Paul Exc. (200 cubic yards of fill.) The property is described as
Tract X & Y, Government Lot 1, Section 23 of Dora Township: Hoffman Lake (56-1627),
RD.
Bruce & Elsie Braaten represented the Application.
Lorna Jacobson (Hoffman Lake Assoc.) indicated that the blowing of the beaver dam did
drain the wetland and that it should be restored. Jay Mackie indicated that Braaten’s
trespassed on their property to blow-out the beaver dam, stating that there was not any
evidence of a beaver. Sue Gordon stated that there is a public landing on Hoffman Lake.
Orlin Jacobson stated that with the water gone from the wetland, the ducks and geese
are now gone, he expressed concerns regarding the placing of fill on his property.
Motion fFailed): A motion by Lachowitzer, second by Bergerud to approve with the
following conditions: 1. The road has a 10’ top with 2/1 sideslopes. 2. Riprap is
installed in the areas adjacent to the wetlands. 3. Must comply with the Wetland
Conservation Act.
Voting Yes: Bergerud, Lachowitzer, Sha, Schwartz & Trites
Voting No: Boyer, Estes, Maske, Olson & Zimmerman
Motion failed due to a lack of a majority, therefore the request was denied.
Break: At 8:05 p.m., the Commission took a 10 minute break.
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
ARMY CORPS OF ENGINEERS CENTRE
190 FIFTH STREET EAST
ST. PAUL, MN 55101-1638
received
JUN 2 0 200'
June 18, 2001 land 8c resourceREPLY TO
ATTENTION OF
Construction-Operations
Regulatory (01-04962-LAG)
Mr. Bruce A. Braaten
43150 Sheandoah Loop
Dent, Minnesota 56528
Dear Mr. Braaten:
We have reviewed information about your project to fill 180
square feet of wetlands adjacent to Hoffman Lake. The project
site is in Sec. 23, T. 136N., R. 41W., Otter Tail County,
Minnesota.
We have determined that this work is authorized by a
Department of the Army General Permit (GP/LOP-98-MN), provided
the attached General and Standard Conditions are followed.
This determination covers only the project as described
If the design, location, or purpose of the project isabove.
changed, our office should be contacted to make sure the work
would not result in a violation of Federal law.
For those projects where the permittee is not obtaining fill
material from a licensed commercial facility, the permittee shall
notify us at least five working days before start of work. A
cultural resources survey may be required if a licensed
commercial facility is not used.
This General Permit is valid until January 31, 2005, unless
It is the permittee's responsibility toor revoked.reissued,
remain informed of changes to the General Permit program,
this authorized work is not undertaken within the above time
If
period, or the project specifications have changed, our office
must be contacted to determine the need for further approval or
reverification.
It is the permittee's responsibility to ensure that the work
complies with the terms of this letter and any enclosures, AND
THAT ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS ARE
OBTAINED BEFORE WORK PROCEEDS.
Recycled PaperPrinted on
2
The decision regarding this action is based on information
found in the administrative record which documents the District's
decision-making process, the basis for the decision, and the
final decision.
If you have any questions, contact Leo A. Grabowski in our
Brainerd office at (218) 829-8402. In any correspondence or
inquiries, please refer to the Regulatory number shown above.
Sincerely,
Robert J. Whiting
Chief, Regulatory Branch
Enclosure
Otter Tail Land & ResourcesCopy furnished to:
Minnesota Department of Natural Resources
DNR WATERS
1221 FIR AVENUE EAST
FERGUS FALLS, MN 56537
218-739-7576
June 12, 2001
</>Ui
"5
RECEIVED
JUN 1 9 2001
LAND & RESOURCEBruce A. Braaten
43150 Sheanoah 200P
Dent, MN 56528
Dear Mr. Braaten;
PROJECT NOTIFICATION, DNR PROTECTED WATERS PERMIT REQUIREMENTS, OTTER TAIL COUNTY
The Department of Natural Resources (DNR) is in receipt of your project notification form to fill wetlands in Section 23
T136N, R41W, Dora Township, Otter Tail County. Based on my review of the information you sent me, I have determined
the following:
Your project does not require a DNR Protected Waters Permit as there are no protected waters involved in
the area you are proposing to do the work. Please be advised that you must obtain all required authorizations
(local, state and federal) before beginning work.
H
A DNR Protected Waters Permit application is required. Complete the enclosed application form and mail
it to the DNR Regional Office in Bemidji at 2115 Birchmont Beach Road NE, Bemidji, MN 56601. Be sure
to enclose the correct application fee. No permit can be processed until all application fees have been paid.
□
Please be advised that any work in DNR protected waters or wetlands without a permit is a misdemeanor and is punishable
by fines up to $700 and/or 90 days in jail.
Thank you for your cooperation. If you have any questions, please contact me at 1221 Fir Avenue East, Fergus Falls, MN
56537 or by telephone at 218-739-7576.
Sincerely,
DNR WATERS
Terrence R. Lejcher
Area Hydrologist
TRL/ck
Larry Kramka, Regional Hydrologist
USCOE
Otter Tail County SWCD
Otter Tail County Zoning
c:
DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity Printed on Recycled Paper Containing a
Minimum of 20% Post-Consumer Waste
NA-02620-02 2/16/01
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
FOR INTERNAL USE ONLY
Field Office CodeApplication No.Date Initial Application Rec’d Date Initial .Application Deemed Complete
RECEIVEDPARTI:
BASIC APPLICATION“See HELP" directs you to important additional information and assistance in Ir structio^s, p^e
1. APPLICANT CONTACT INFORMATION (See HELP 1):lA. AUTHORU :D AGENT {SammHE3A.l
Name;
Name;Complete mailing address; __________________
Title;
Mailing address;0f ) mAj ^ Cy g
Residential phone; {SU'i) ______
Business phone; 42*-/ 7 V______
Fax (if available): 2 ) ~7S jp '3^ ? /
email (if availahle): K a. -f s^a/ IQ Ca
Residential phone; (
Business phone; ^
Fax (if available): (
email (if available):_
)
1
)
I hereby authorize
to act in my behalf as an agent in the processing of
this application and to furnish, upon request, supple
mental information in support of this application.
2. PROJECT NAME OR TITLE (if applicable):
3. NAME OR I.D. # OF WATER BODY/BODIES IMPACTED**
(if applicable; if known):
FVt-c <>7VJ Qa ^ / C‘ “7________
Applicant signature Date
4a. ANY WETLANDS IMPACTED? (circle one)
4b. If YES, what type {if known; circle all that apply):
4c. If YES, indicate size of entire wetland (check one);
^ Less than 10 acres (indicate size;
^dO to 40 acres
□ Greater than 40 acres
NO
R ^^mSmowiT^1 IL 2345678
5. PROJECT LOCATION** (information can be found on property tax statement, property title or title insurance):
Township;Section;1/4 section;
County; 7^i *
Range;
^ Y Block;_l_■u AfLot#; X Subdivision;
6. ADDITIONAL LOCATION DESCRIPTIONS** (if applicable; if known): Parcel ID #/Geocode;
northerly----------------------UTM coordinates; easterly
Project street address;____
**For multiple water bodies or locations, attach additional sheets labeled ADDITIONAL WATER BODIES IMPACTED
ADDITIONAL PROJECT LOCATIONS, or ADDITIONAL LOCATION DESCRIPTIONS.
Fire #;
1
received
JUL 1 6 2001
July 12, 2001
lands RESOURCE
Land & Resource Management Office
Otter Tail County
121 Junius Suite 130
Fergus Falls MN 56537
Dear Sirs:
Re: Bruce Braaten Conditional Use Permit Application
I am the owner of w'A of the neVi of section 23 Dora township, adjacent to the project. There is a
wetland area on this land that extends under highway 85 through the Braaten property.
Recent action: Explosives were used to remove a land ridge between the wetland on the Braaten
property and Hoffman lake. This drained the wetland on my property. Later some soil (less than
the amount removed) was placed in the area cleared with explosives. The wetland on my
property re-filled. Some of the replacement soil has been removed by erosion; it was not stable
like the ridge that was removed. 1 was not notified of the drainage operation or the partial
replacement of the ridge.
Is the road building which will cross the wetland more significant than the drainage action?
What will be the effects on the wetland to be crossed? What will be the effects on the wetland on
my property?
Charles Orvik
32553 430“’ Street
Dent MN 56528
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT: Bruce A Braaten
41350 Shenandoah Loop
Dent MN 56528
HEARING DATE/LOCATION: July 18, 2001 at 7:00 P M. **
Commissioner's Room,
Otter Tail County Courthouse
(Use the West Law Enforcement Entrance)
121 W Junius
Fergus Falls, MN 56537
PROJECT DESCRIPTION (AS STATED ON THE APPLICATION): A Conditional Use
Permit Application to build a 20’ road that is 60’ Jong along the north edge of a slough. It is
the only way I can access the lake. The road would be constructed by Peter Paul Exc.
(200 cubic yards of fill)
LAKE NAME/NUMBER/CLASS: Hoffman Lake (56-1627), RD
E-911 ADDRESS: 42944 Co Hwy 85
LEGAL DESCRIPTION: Tract X & Y, Government Lot 1, Section 23 of Dora 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 OtteF Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, 121 W Junius Suite 130, Fergus Falls, MN 56537.
Any comments regarding this request may be expressed at the Hearing or forwarded to the
Land & Resource'Management Office.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
' "i.' '• ■ ■ ■ ■
Bert Olson July 3. 2001
Mailing DateChairman Planning Commission
^90CX)0
FEET'
»'65 .
IL
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 CommissionTor Otter Tail County, Minnesota, do hereby certify that on the uS-^^^^day of 2001, the attached Notice of Hearing and was duly
served upon the M\m\nq:
„ CourthouseCounty Sheriff
County Highway Engineer
Otter Tail COLA, John Matteson, R#2 Box 40W, Battle Lake, MN 56515
MPCA, 116 E Front St., Detroit Lakes, MN 56537
Terry Lejcher, DNR, Div. of Waters, 1221 E Fir Ave, Fergus Falls, MN 56537
Bruce Winterfeldt, DNR, Trails & Waterways, 1221 E Fir, Fergus Falls, MN 56537
Arlin Schalekamp, DNR, Div.of Fisheries, 1221 E Fir Ave, Fergus Falls, MN 56537
Doug Wells, DNR, Div. of Wildlife, 1221 E Fir Ave, Fergus Falls, MN 56537
Same
Envelope
iattbn,^,5BrvsyQL(if appropriate) and those listedPlanning Commission Members^n'ownship Clerk
on the attached sheet...
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.
(8 - total)
(PC/Affidavit)01/01