HomeMy WebLinkAbout53000080046003_Conditional Use Permits_05-20-2002Conditional Use Permits
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was fiied/recorded in this office
for record on foe ) 0 day of
2002 atWendy L.Metcaif, County Recoi^er
by: \i
2p.i0
911031
911031
.recording fee 0
.weil 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 ***Application Fee 1
Receipt Number fOVQ
DAYTIMEp) I C.L
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PROPERTY O yl€ly
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ADDRESS J ^ ^
L' j'O yi LAKELAKE NAME
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LAKE NUMBER
8_TOWNSHIP NAMESECTION irJ
A C ^0U .S^TTi'I 7^1 i/—E-911 ADDRESSPARCEL NUMBER
, 834.' TO BG S 475' s 89 DPr m I 1335' NELY ALG LK TO^LN^N^SV
■■■ -------;_=DEG W FR-BG' S 6 7 DEG''E TOCONDITIONAL USE PROJECT REQUEon^i/ --•‘lest)
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opographlcal 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 & RESOURCE MANAGEMENT REGARDING THIS MATTER.
^^fe'NATURE OF PROPERTY OWNER /DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
BK-0600-006
301,508 V Yictor Lundeen Co.. Printers • Fergus Falls,'Minnesota
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Accepted By Land & Resource L & R Official/Datfe^
r/’^
J0^^^ Time '7-Date Of Planning Commission Hearing
1
Planning Commission Motion
June 19, 2002:
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 roonri for 2
onsite septic systems (drawing must include wetland delineation). 3. No docks or
boatlifts can be placed lakeside of County Highway #49. ,
■
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 proxirriity of the building site, septic system
and fill site (approach) must be delineated. 7 / l^ j O'2^
Chairman/Otter Tail Courfty Planning Commission
County Board Action
Approved As Recommended
Denied As Recommended
Other
i^fe/Aer/o'2^
Dafte of Pinal Action iChairman/Otter Tail County Board of Commissioners
CONDITIONAL USE PERMIT #
L a R Official/Date
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)*^___
Copy of Application Mailed to Applicant And MN DNR ^
L a R Official/Date
y No
;
.grid(s) equalfe feetinch(es) equalsScale:
VnI
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
^ y6^>zjoo X 100 = ^ %
Total Lot Area
(FT2)
Total Impervious
Surface Onsite
(FT2)
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DatedSignature
304.678 • Victor LurKJeen Co., Printers • Fwgus Falls. MN • 1-800-346-4870BK — 0500 — 029
Planning Commission
July 10, 2002
Page 5
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 stainways 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 stainway. 3. Safety is an issue, since the proposed stainway
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
Bill Kalar - 2002d625.doc Page 3
OTCo. Board of Commissioners’ Minutes
June 25, 2002
Page 3
Preliminan/ Plat - “Eagle View Acres7c/o Sugar Creek Properties:
Motion by Froemming, second by Lee, and unanimously carried to approve the Preliminary Plat
known as “Eagle View Acres” consisting of 4 single family residential lots with conditions as
recommended by the Planning Commission. The property is described as GL 3 & NE% NWVi,
Section 23 of Leaf Lake Township, East Leaf Lake (56-116).
Preliminary Plat & Conditional Use Penvit - “Moebius StriD'VNolan Moebius:
Motion by Mosher, second by Lee, and unanimously carried to approve the Preliminary Plat known
as “Moebius Strip” consisting of 6 single family residential lots and a Conditional Use Permit to
build a road to service the plat with conditions as recommended by the Planning Commission.
The property is described as NET4 SE% & Lot 3 & 4, Section 14 of Tumuli Township, Unnamed
(Skauhaug) Lake (56-600).
Preliminary Plat-“Helmeke & Lenius AdditionVMark & Barbara Lenius and Brad & Pat Helmeke:
Motion by Nelson, second by Froemming, and unanimously carried to approve the Preliminary Plat
known as “Helmeke & Lenius Addition” consisting of 4 single family backlots as presented on the
revised plat dated June 11, 2002. The property is described as pt of GL 1, Section 3 and pt of GL
4, Section 2 of Edna Township, Little McDonald Lake (56-328).
Conditional Use Permit - Louise Wvbomv:
Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to cut down a hill and fill to cross low land to gain access to property with conditions as
recommended by the Planning Commission. The property is described as pt of GL 1, Section 20
of Hobart Township, Rose Lake (56-360).
Conditional Use Permit - Otter Tail County Highway Department:
Motion by Froemming, second by Lee, and unanimously carried to approve a Conditional Use
Permit for reconstruction of CSAH No. 52 from TH 106 East approximately 4 miles to TH No. 29
with conditions as recommended by the Planning Commission. The property is described as
CSAH 52 from TH 106 E approximately 4 miles. Sections 7, 8,17, & 18 of Compton Township and
11, 12,13, & 14 of Deer Creek Township, Deer Creek (56-TR).
Conditional Use Permit - Mike Bleichner:
Land & Resource Director, Bill Kalar, reported that this CUP request is to build an approach from
CR 49 into the property where a house will be built. He stated that the Planning Commission
recommended approval with several conditions including no docks or boatlifts allowed lakeside of
CH No. 49. Mel Klein, of the Marion Lake Association, spoke in opposition of granting a
Conditional Use Permit for this request. He stated that the Lake Association is opposed to any
intrusion into a fragile wetland area located in the Northeast corner of Marion Lake. Richard
Kotchevar, also a member of the Marion Lake Association, spoke in opposition and expressed
safety concerns in crossing the road to get to the lake. Marion Lake Property Owner and COLA
member, Paul Tangen, referenced language in the County’s Shoreland Management Ordinance
regarding location, design, and use of watercraft launching or docking. Joe Maske, Planning
Commission member, spoke about the conditions recommended by the Planning Commission.
Motion by Nelson, second by Froemming, and carried with Block and Lee opposed, to approve a
Conditional Use Permit to put in an approach to access property to build a home with conditions
as recommended by the Planning Commission. The property is described as pt GL 1 (17.5 acres).
Section 8 of Rush Lake Township, Marion Lake (56-243).
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.
fd.
Dear Bill Kalar:
In regard to the Marion Lake development of lots that overlook the east shore, we definitely oppose
building a dock . That coiild eventually become a marina, filled with boats as we see has happened in the
Brainerd area. Marion Lake is still a clean, relatively quiet lake mostly used for fishing. When access is
given to people who do not live bn the lake, a large quantity of jet skis and speed boats bring pollution and
congestion.
That hanms the fishing habitat, scares away the loons that are nesting here, and changes the atmosphere of
the lake to raucous tourist boat traffic. Since most lakes in Minnesota that are larger than Marion Lake,
have been filled with boat slips, marinas, and large docks at some point on the lake, we strongly urge you to
keep the serenity of Marion Lake as it is. Since there cam be no more development on the south side of the
lake because of the railroad proximity to the laike, Marion Lake is one of the few lakes this size that can be
kept for posterity as[an example of what Minnesota lakes should be.
Once you make a decision to allow boat-traffic from a dock, you complicate the traffic pattern and cause
accidents on the hi^way as people try to launch their boats. Also that is opening the flood gate of all
manner of motorized boat traffic that causes pollution.
Please give this issue careful consideration and vote to keep Marion Lake pristine.
,1-
Yours truly.
Chuck and Marge Berg
39226 397“' St.
Perham, MN 56573;
(north shore of Marion Lake)
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RECEIVED
jUN 1 9 2002
land & RESOURCE
391174 So. Marion Drive
Richville, MN 56576
June 1 5, 2002
Department of Land and Resource
Ottertail County Courthouse
Fergus Falls, MN 56537
TO WHOM IT MAY CONCERN;
I am writing this letter because of my concern over the planned development across the
road from the public access on Lake Marion, in what we had previously been told was a
protected wetlands area. My whole family, who have been spending several months every
summer here for over thirty years, have treasured this lake environment, but this proposed
development gives us great concern, both for the fragility of the environment and for the
safety of people around the public access. The area is a popular swimming area, and putting
up docks there would present a hazard both to swimmers and to boats gaining access to the
lake there.
I urge you to deny the right to build in this area, both for the safety of the public and the
environment.
Sincerely,
Caroline Cox
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¥'■;fi|-RECEIVED
JUN 1 8 2002June 15, 2002 I
LAND & RESOURCE
PLANNING COMMISSION
Courthouse Ottertail County
Fergus Falls, MN 56537
RE: June 19 Board Meeting
Mike Bleichner request
As lake owners and residents of Marion Lake we are very concerned on the outcome of
the decision the Planning Commission will be making on Mike Bleichner’s request for an
access to County Road 49.
This past weekend we drove past the area in question. The approach has already been
started. We would request the board consider the following reasons for NOT giving your
approval for the approach and stop the person(s) who has started the approach.
1. This is a wetland area and needs to remain as such.
2. The outlying developer could also gain access to the lake.
3. Traffic on #49 would be county liability. This has always been a
dangerous curve and as a taxpayer and a concerned citizen we feel any
additional activity on this curve is just asking for problems, (i.e. death,
accidents, additional docks, boats, lifts to name a few)
4. Board has declined in the past.
Thank you for your consideration on this matter.
Gordy & Gwen Macklem
38989 Marion Lane
Richville, MN 56576
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RECEIVED45259 Red Pine Loop
Perham, ^^N 5657
June, 16, 2002
JUN 1 8 2002
LAND & RESOURCE
Planning (Commission
Otter Tail County
Fergus Fajls, MN
Dear Members:
This letter concerns the granting of building permits on the east side of Marion Lake.
As a property owner on this lake^I am concerned about the feasibility of such permit. It is
likely that private homes in this location will lead to traffic hazards and other problems.
Residences built adjacent to Co. Hwy. 49 at this site would likely place docks and boat
lifts on the lakeside and hence the foot traffic across the highway would be a hazard.
Secondly, vehicle traffic to and from the approaches would add to the congestion on the
highway.
I would be against building homes on this location and would think that the County
would alsq have grave concerns about future problems along highway 49.
Sincerely yours,
V' itJj
Kermit E. Larson
RECEIVED
JUN 1 8 2002
LAND & RESOURCE
6/17/02
lAiND & RESOURCE
COURTHOUSE OTTERTIL COURTY
FERGUS FALIS, HIlMivESOTA
56537
Gentlemen,^ ladies,
We would like to express deep concern for the request before you
for development on wetland on the east shore of rfARIOR LAKE.
If docks are allowed it will create a HUGE SAFETY HAZARD on
Highway #49.
We could be mistaken but we believe this is the third time this
permit has been requested.
We are VERY opposed to this request.
Thank you.
>AMER H3RGSRSCK
Bergersons'
39051S. Marion Lane
Richtille, MN 56576
RECEIVED
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We of the Marion Lake Association have high concerns about an upcoming meeting
of the Planning Commission scheduled for June 19, 2002, at 7:30 p.m. We feel we
should give you some additional information before this scheduled meeting so you can
do any research that might be necessary before the meeting.
Mike Bleichner has made a request for an approach into property he has purchased
from Kramer Realty that is into an area that is virtually a fragile wetlands area. We have
been down this road before on July 9, 1997, when Lyle Kachelmyer and Kramer Realty
were denied their application for three approaches into this same area by the Planning
Commission. Kachelmyer and Kramer re-applied in 1998 for one approach into the
same area and the application was again denied. Each time all members were in favor
of denial. The reasons were a potential safety hazard and the adverse environmental
impact.
Nothing has changed except a different owner who has purchased three 5+acre lots
which gives him a larger building area in this fragile wetland area, but doesn’t change
the facts for a denial.
If not denied, it would be unquestionably certain there would be a dock, boat lift
and water craft equipment placed across the right of way of County Road 49 and onto
Marion Lake. This presents a safety hazard. We now have an additional problem if this
right of way is used as an access to Marion Lake. We now have a 380-acre development
that adjoins Marion Lake on the southeasterly side that is called Marion Lake Vista
Estates. This development presently consists of 49 lots that in the future could be
further divided. There is approximately 1/2 mile of Marion Lake shoreline along County
Road 49 that extends along this area of the applicant’s request for an approach.
Recorded at the Courthouse and verified by Rick West, County Engineer, the right of
way along this approximate 1/2 mile extends to the shores of Marion Lake regardless of
the distance from road center and distance to the lake. If this application for an
approach were approved and the applicant would place a dock, etc., across the road
and right-of-way into Marion Lake, it could set a precedent for anyone that would
purchase one of these 49 lots in this new development of Marion Lake Vista Estates.
'What a tragedy this could be in the future.
We send along an opinion drafted by David Hauser, our County Attorney, that would
make it a county liability to use the right of way as access to the lake. This was drafted
during our previous problem with Kramer Realty and Lyle Kachelmyer.
These are the reasons for a safety hazard, and we of the Board of Directors of the
Marion Lake Association and our members are strongly opposed to any refined
development such as permanent housing in this fragile wetlands area, or any placement
of docks, boat lifts, or water craft equipment using the right of way as access to Marion
Lake along this 1/2 mile of County Road 49 that adjoins and runs along Marion Lake.
^hairmah, ^arion Lake Association
^/Ai„received
JUN 1 7 2002 Melvin L. Klein
land & resource
DAVID J. HAUSER
OTTER TAIL COUNTY ATTORNEY
COURTHOUSE
FERGUS FALLS. MrNTNESOTA 56537
(218)739-2271
F.AX(218)739-4983
December 9, 1997
ASSISTANTS
BARBARA R. HANSON
KAREN A. COOPER
KURT A. MORTENSON
INVESTIGATOR
J. ALLAN ANTDERSON
Mr. David Chase
Route 3, Box 376
Perham, MN 56573
Mr. Mark Sha
S5 - 32nd Avenue N.E.
Fargo, ND 58102
RECEIVED
JUN 1 7 2002
Re: The Use of County Road Right-of-Way
LAND & RESOURCE
Gentlemen:
It has come to the attention of the county that the right-of-way of County Road #49 on the east
side of Marion Lake is being used by several neighborhood residents as an access to the lake and
for storage purposes. Apparently, a number of docks and other water use structures have been
located on the covoity right-of-way. On behalf of the county, I am writing to request that ail
unauthorized use of the right-of-way be stopped. Due to their concern for potential liability, the
County Board had consulted the account executive for the Minnesota County Insurance Trust, a
self-insurance organization of counties. The Insurance Administrator recommended that the
county take steps to discontinue the use of road right-of-ways by private individuals, due to the
significant potential for liability claims against the county. The use of the right-of-way in this
maimer poses a hazard for the use of the highway. If anyone were injured, a claim could be filed
against the count}' because we knew of the hazard and had done nothing to prevent it. Any claim
against the count}' increases the premiums which must be paid as a cost to all taxpayers.
The placement of any objects on the county right-of-way, including docks, is unlawful and
punishable as a misdemeanor crime. It is requested that you immediately remove any propert}'
from the right-of-way. Thank you for your cooperation. If you have any questions or comments,
please feel free to contact me.
VenialV yours^ ^ ^
//m/.•//
Davis'!. Hauser//
DIH/mk
Rick West, Highway Engineer Mr. Mel Klein \/^
Mr. Richard Kotchevar
Kramer Realtv
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JUN 1 7 2002Planning Commission/ Land Resource
Ottertail County Court House
Fergus Falls, MN 56537 LAND & RESOURCE
Subject: Public hearing for Mike Bleichner (June 19, 2002)
Mr. Bert Olson
Chairman Planning Commission
I’m a resident on Lake Marion and I would like to express my concern over the
Conditional Use Permit Application of Mike Bleichner. I have spoken to several
individuals who have been on the lake longer than I have, and they have indicated that
this is the third time a permit has been requested for this property, the previous 2 were
denied. To me your looking at a potential safety harzard by allowing this approach,
because we all know that in time they will place a dock on the other side of Hwy 49
which means you’ll have individuals crossing a 55 MPH road. Is the County liable for
anyone that may get injured crossing this road, if so, it means I pay ultimately as a
taxpayer? There also seems to be some damage to the wetlands in the area of this
construction.
Please review this Permit carefully so as not to endanger anyone.
Thank you
Jim Kushinski
Lake Marion
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