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HomeMy WebLinkAbout22000120095901_Conditional Use Permits_10-10-2001*'•« i. OTTER TAIL COUNTYO Cvl o Conditional Use Permit # _______ 4 lcr^k(^<(h_______________________ Address / ^ ^ ^ 3<YQ A Ro a/ iT(/S ________ Location: Lake No. >5^'*7Sec. !>- Twp. / Range ^ ^ Twp. Name oo^T'^^f . (C> to.::Owner’s Namer.••-i T-V-•."V •-•.1 1 -qOQ Work Authorized: ^ reu<^ to «/.h,I, JU Ml>s4 \A/j 3'-( s(oj^ . jL- cc/'tv/c*^'^ Au/s-p if v-^ \/jQij(iL(M r^^l/L(jL^(^A- b<;<rrf m ^Urt, yoo^ . 3-vvi^C'^sto*' i .i .'•t -:. ■::!]Expires;Issued: Land and Resource Management Official; 1. Earthmoving shall be done between |. Entire area shall be stabilized within 10 days ot the completion of any earthmoving. 3. Owner is legally 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. & . :-.v. I1 i BK-1099-046 298,111 > VIctDr Lw^mh Co.. PrintM > Fargut FoNt. MN • 1>80CP34e^70 ‘v 899244 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that qqqoaA this instrument # was filed/recorded in this office for record on the _^day of 2002 at 2 • CS_a Wendj^L.^etcalf, County ffeco^de^ by:Aa.LOc^recording fee ( weli certificate 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 ***^00-Application Fee /358i7Receipt Number S'T'ei/d, w- /? c>77/ /0 ^s a Ckq ^ ----------------------------------—---------------------------r— 3^0 DAYTIME PHONEPROPERTY OWNER ti cADDRESS /f- AD RANGE . LAKE CLASSLAKE NAMELAKE NUMBER )3l TOWNSHIP NAME ____E-911 address 7 7 __________________, -rn ✓. crA S' 3^ _ TOWNSHIP A 7^^000 OOP ^- 0^09 OOP /-T a>oi}T. LtT 31 /.2y ~TJ3 ‘i ^ H3 (Lcrr^Xc^*’’-^ . }4^<i Per-7Kvc9-A^r\Tf^ -fo >Lo T" 7 ^ SECTION PARCEL NUMBER S,Te-f^S Tho’iuy, S/ fi^00}T‘ OaJ to CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) ^(T^Topographical Alteration ( 2 ) Commercial Use ( 3 ) Cluster Development (4) Extractive Use ( S ) Industrial Use (6 ) Forest Land Conversion (7 ) Miscellaneous_____________________________________________________; EXPLAIN YOUR REQUEST 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. SIGNATURE OF'PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-0600^ 301~508“*'Victor Lundeeh'Co., PfinteTs *" Fergus'Falla, Minnesota 9-/7iAccepted By Land & Resource o/ L & R Official/Date i.ao fHTimeDate Of Planning Commission Hearing Planning Commission Motion j October 10, 2001: A motion by Trites, second by Estes to table (at the Applicant’s request) to February 13, 2002 to allow the Applicant to consult an engineer to: 1. Provide a design that ; would be stable and not expand the base of the road. 2. Determine whether or not the fill is displacing water onto properties in the area. 3. Review the elevation of the culverts and its effect on the drainage characteristics of the properties on both sides. 4. Review the proposed wetland mitigation relative to the water displacement. February 13, 2002: A motion by Sha, second by Lachowitzer to approve with the following conditions: 1. The shoulders must be rip rapped with a maximum of a 3:1 slope. 2. The culvert must be extended if necessary. 3. The wetland replacement must be 2.'1?b'^ed.oh the entire 1 construction of the road. i 1 is Chairman/Otter Tail County Plaj/iin^Commission County Board Action Approved As Recommended ____Denied As Recommended Other [oz. Date of Final ActionChairman/Otter Tail County Board of Commissioners CONDITIONAL USE PERMIT # L & R Official/Dat< Permit(s) required from Land & Resource Management ______Yes (Conta.ct Land & Resource Management) Copy of Application Mailed to Applicant And MN DNR ^ ^ &R Offidal/Date h.^No1' EXPLAIN YOUR REQUEST During the fall of 1999, a grade and fill permit was obtained from the Land and Resource Office allowing a road to be built 10’ in width across a wetland area on our property near Long Lake. The road was built 10’ in width as permitted. A sequence of events took place following the roads’ completion; Cattle from an adjoining pasture got onto the road and trampled the fill, widening the road. Construction equipment moved across the road to build a permitted sewage mound sank into the road thus widening it further. Heavy rains washed fill material into the wetland, widening the road even further. 1. 2. 3. In an attempt to minimize further impact to the wetland, we placed wooden barriers on top of the already widened fill and leveled the road to the top of the barriers. This action has stopped the erosion problem and the road has maintained its shape since this was done a year ago. We request that we be allowed to mitigate the 6’ x 60’ area of road in excess of the original permit. We have made application to the appropriate wetland offices and do have mitigation area that has been determined to be appropriate by the Otter Tail County Land and Resource Office, West Otter Tail County Soil &, Water Conservation District staff, and the Board of Water 8s Soil Resources Office available on site or elsewhere within the minor wetland. The site has been visited by staff of each of these offices. During their visit, it was discussed that the 2 culverts under the road appear to be sized more than adequate to provide equalization, thus the road has no effect on drainage or displacement of water on either side. Your approval of our request for this conditional use permit is supported by neighbors (see attached letter of support), will reduce erosion impact on this area in the future, improve access to agriculturally used land, increase safety while using the road and improve fire protection. /pikc' Ccyd-Use da+ec' Pc r^ccr>^<^r !X>Minnesota Department of Natural Resources WATERS 1221 Fir Avenue East Fergus Falls, MN 56537 (218) 739-7576 RECE!V?ED DEC 1 7 200) COLUs-o ''^NAT\35^ UND& RESOURCE December 6, 2001 Otter Tail County Planning Commission, Chairperson Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Dear Planning Commission: PLANNING COMMISSION REQUEST, STEVE LORSHBOUGH, LONG LAKE (56-784P), OTTER TAIL COUNTY At your request, I inspected the above property/controversy with Kyle Westegaard. The following elevations were determined using local datum. Site Local Elevation South 20 inch pipe, west US invert (bottom) beneath Lorshbough Drive North 20 inch pipe, west US invert (bottom) beneath Lorshbough Drive Bredeson Property, 6 inch PVC in lawn south of access road, inlet Bredeson Propeny, 6 inch PVC in wetland north of access road, outlet Sebek Property, low spot 100.00 100.25 101.1 100.7 101.2 Water Surface 10-18-01 100.4 My understanding is that the fill for the road/driveway section will be mitigated at a 2:1 ratio. This will act to increase the available storage. In actuality, the impact of the existing fill on the storage is not measurable. If more stabilization of the inslopes of the existing fill section is required, 5-10 inch rock could be stuffed under the timbers on the fill mslope. 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 w Page 2 Planning Commission Steve Lorshbough, Long Lake (56-784P) There are two 24 inch culverts with a 20 inch end section on both sides of each pipe beneath this road/driveway. There may be some benefit to being certain the ground elevation at the outlet end is at or below the elevation of the downstream end of the lowest pipe. This will prevent pipe blockage. For whatever reason, this seems to be a neighborhood issue. The impact on any local water levels if the culverts are working correctly is not measurable, in my opinion. It is unfortunate that such a minor issue takes so much time from so many people. I hope the information provided addresses and solves the issue without further debate. If you need further assistance, I will be glad to help. Sincerely, Terrence R. Lejcher Area Hydrologist TRL/cjk Larry Kramka, Regional Hydrologist Kyle Westegaard Steve Lorshbough c: RECEIVED FEB - 1 2002 LAND & RESOURCE Januaiy 8, 2002 i (6^-- coj^ to (^6 Otter Tail County Planning Commission Chairperson Otter Tail County Courthouse 121 West Junius Ave Fergus Falls, MN 56537 Dear Planning Commission, Thank you for your decision October 10, 2001 to table our request and allow us to gather the following professional opinions/ recommendations concerning our roads effect on the adjacent wetland, the culvert elevation and its effect on drainage characteristics of the properties on both sides. Attached is a copy of a report filed by Mr. Terry Lejcher, Area Hydrologist, MN DNR. As you can see, Mr. Lejcher has addressed all of the issues tabled at the October 10, 2001 meeting. Provide a design that would be stable and not expand the base of the road. Mr Lejcher recommends “stuffing 5-10” rock under the existing timbers on the fill in slope”. Determine whether or not the fill is displacing water on to properties in the area. Mr. Lejcher reports “In actuality, the impact of the existing fill on the storage is not measurable.” Review the elevation of the culverts and its effect on the drainage characteristics of the properties on both sides. Mr. Lejcher’s report provides elevation readings that support his statement that “the impact on any local water levels if the culverts are working correctly is not measurable”. Review the proposed wetland mitigation relative to the water displacement. Mr Lejcher states that “it is his understanding that the fill for the road/driveway section will be mitigated at a 2:1 ratio. This will act to increase the available storage”. 1. 2. 3. 4. Also attached for your review is a letter on State of Minnesota Soil and Water Conservation District’s letterhead from Mr. Hrad Mergens of that office. This letter, as you see, represents the opinipn of the Otter Tail County Wetland Conservation Act County Technical Panel. As I’m sure you are aware, this panel is made up of three very creditable people in the field. They are Mr. Brad Mergens of MN SWCD, Mr. Kyle Westergard of the OTC Dept of Land & Resource Management, and Mr. Pete Waller of the State Of Minnesota Board of Water and Soil Resource (BWSR). Please notice the panel is recommending on-site mitigation and leaving the road as it is. Please find attached a statement signed by 8 adjoining landowners that support the road remaining as is and your approval of the conditional use permit. Finally, I am enclosing a video tape (I apologize for some of the camera work and the long length) that clearly shows the culverts flowing properly and no flooding on any of the adjoining properties. Be assured that we will maintain the culverts and road as suggested by Mr. Lej Cher’s report and will provide the 2; 1 mitigation as. all of the above experts recommend upon your approval of a conditional use permit. We look forward to meeting as scheduled on the evening of February 13, 2002 and reaching a resolution to this situation that meets the recommendations of the above very qualified experts and surrounding neighbors. Sincerely, Steve and Ruth Lorshboi^h 1884 340th Ave Rothsay, MN 56579 218-867-2364 Minnesota Department of Natural Resources WATERS 1221 Fir Avenue East Fergus Falls, MN 56537 1218) 739-7576m*lo I December 6, 2001 Otter Tail County Planning Commission, Chairperson Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Dear Planning Commission; PLANNING COMMISSION REQUEST, STEVE LORSHBOUGH, LONG LAKE (56-784P) OTTER TAIL COUNTY At your request, I inspected the above prof lerty/controversy ivith Kyle Westegaard, The following elevations were determined using local datum. Site South 20 inch pipe, west US invert (bottom) beneath Lorshbough Drive North 20 inch pipe, west US invert (bottom) beneath Lorshbough Drive Bredeson Property, 6 inch PVC in lawn scmth of access road, inlet Bredeson Property, 6 inch PVC in wetland north of access road, outlet Sebek Property, low spot Water Surface 10-18-01 Local Elevation 100.00 100.25 101.1 100.7 101.2 100.4 My understanding is that the fill for the road/driveway section will be mitigated at a 2;1 ratio. This will act to increase the available storage. In actuality, the impact of the existing fill on the storage is not measurable. If more stabilization of the inslopes of the existing fill section is required, 5-10 inch rock could be stuffed under the timbers on tHe fill inslope. DNR Information: 651-296-6157 • l-888-'S46-6367 • TTY: 651-296-5484 » 1-800-657-3929I An Equal Opportunity Employer Who Values Diversity Primed on Reqydad Paper Containing a Minimum of 20% Post-Consumer Waste Page 2 Planning Commission Steve Lorshbough, Long Lake (56-784P) There are two 24 inch culverts with a 20 inch end section on both sides of each pipe beneath this road/driveway. There may be some benefit to being certain the ground elevation at the outlet end is at or below the elevation of the downstn;am end of the lowest pipe. This will prevent pipe blockage. For whatever reason, this seems to be a neighborhood issue. The impact on any local water levels if the culverts are working correctly is not measurable, in my opinion. It is unfortunate that such a minor issue takes so much time from so many people. I hope the information provided addresses and solves the issue without further debate. If you need further assistance, I will be glad to help. Sincerely, Terrence R. Lejcher Area Hydrologist TRL/cjk Larry Kramka, Regional Hydrologist Kyle Westegaard Steve Lorshbough c: WEST OTTER TAIL SOIL AND WATER CONSERVATION DISTRICT 506 Western Ave. North Fergus Falls, Minnesota 56537 Telephone: (218) 739-1308 Fax (218) 739-1309MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS Otter Tail County Planning Commission Date: Sept. 12,2001 Re: Steve Lorshbough Rt 1 Box 175 Rothsay Mn 56579 On behalf of the Otter Tail County Wetland Conservation Act County Technical Panel we would like to make the following recommendation regarding Mr. Steve Lorshbough’s fill violation. 1) Because of the small amount of fill to be removed we feel the act of removing the fill will cause greater environmental harm than leaving it intact. 2) Allow on site mitigation. Brad Mera&ns AN EQUAL OPPORTUNITY EMPLOYER September 10, 2001 Mr. Kyle Westergard Land 8s Resource Office Otter Tail County Re; Your letter dated August 21, 2001 We, the undersigned, understand that a complaint has been filed with your office stating that the road width, in excess of 10 feet, has negatively impacted the complainants property. We understand the Lorshboughs are making application for a conditional use permit that would allow the road to remain at its current 16 feet width. We have no objections to the roads’ width or the fill that was used to attain its width. Our properties would have the most potential of impact and have not seen in the past, nor do we foresee any future problems with drainage or any other problems caused by the roads’ width. We, as adjoining neighbors, respectfully recommend approval of the conditional use permit. / ij, Department of LAND AND RESOURCE MANAGEMENT OTTER TAtL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-739-2271 August 21, 2001 Stephen Lorshbough RR 1 Box 175 Rothsay MN 56579-9642 Complaint, Lot 7 Stenstrom Beach 1®‘ Addn & Pt GL 3, Sec. 12 Elizabeth Twp., Long Lake (56-784) RE: Dear Mr. Lorshbough, Recently, our office received a complaint regarding excess wetland fill on your lots and drainage problems resulting from your building projects. An onsite visit today by Bill Kalar and myself revealed that the access road to the back lot is wider than was permitted. We also found that excess fill was placed along the North side of the township road adjacent to the storage shed, and near your pole bam under the propane tank. Finally, it would also appear that the amount of fill used for backfill around the dwelling exceeds the 20 yds3 allowed without a Grade Fill Permit. The height of the fill around the dwelling is higher than the adjacent lots and may create water problems for these lots. To remedy these problems aU of the following work must be done by September 14, 2001: .......1. The width of the access road to the back lot must be narrowed to the permitted 10’ width. The fill must be removed along the North side of the township road along the existing tree line. The propane tank and fill under it must be removed from the wetland. The fill on the front lot around the dweUing can stay, provided a signed statement from the immediate adjacent property owners is received in this office. This statement must clearly say that they have no objection to the fill and the potential drainage/water problems they may incur because of the fill. 2. 3. 4. I wiU place stakes where the fill needs to be removed if you are not clear on the areas specified in this letter. All fill that is removed must be placed outside of the shoreland area. Please contact me if you have any questions. Sincerely, Kyle Westej^fd Inspector KW/jlt X%°)X pi/if. / 5 .-■ :i -r. -“ <; y C ft o,3 ■S'ff [Cl. Pl/t i '.r:.