HomeMy WebLinkAbout53000080046004_Conditional Use Permits_11-25-1996Conditional Use Permits
Barcode 128
809865
APPLICATION FOR CONDITIONAL USE PERMIT
obfVOffice of County Recorder County of Otter Tail
I hereby certify that the within instrument was filed forjMord in this office^Qjhe I _ dav of
_yujaLA.D. 19 H I at P.M
and was dui* Microfilmed as Doc.QjL
^unty RecorBter 0 1 ^ ^/P~'30o Deputy
K/^c^!^l€
otter Tail County
Fergus Falls, Minnesota 56537
(218) 739-2271
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V3 Application C| q ££_
— P/ease Complete With Black Ink —
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<ToHN 2 oo ^Owner:Phone:
Last Name First Middle
5'6 snf/f■ 2 >6^0 X o? 3 3 on''rrfier/^/i State Zip No.Street & No.City
.^6- S ni/^ ^ /o /VLake Name Lake ClassLake No.
39 uJ i^USH/3S h/Sec. Twp.Range Twp. Name
Legal Description: That part of Government Lot 1/
Section 8, Township 135 North/ Range 39 West
lying Southerly of the following described line: Beginning at the
Northwest corner of said Government Lot 1 (for descriptive purposes
only the Northerly line of said Government Lot 1 has an assumed bearing
of N 89-00'-34" E); thence S 79 -53'-08" W 121.9 feet more or less
to the- shoreline of Mgrrion Lake and there terminating/ containing-28 .--7 acres
Parcel Number
-C/-Fire # or Lake ID # O £
more or less.~OOC>~OS - DO - oo /
EXPLAIN YOUR REQUEST: TO /A/ 3 D ^ f L/^ UO^
^^5-7- SihE OF C.o<^hJ-FY ^
c p^ P-P/oa/'pPE Ea/oON
BECEIVEO
MOV 2 7 1936
te. PoLroJ 63 ooO 0^ oo^^ooi 5f^cd’
(dlbyvPAA (ovu-}wuis. 62> o£)0 o^; oowLi)
^ 5^0(00 o&oomo 00 2^ lAND&RBOURCE
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S'i, DOO t>% OCm.fi c>0'-|
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about sur
rounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that approval of this request applies only
to the use of the land. Any construction also requires a site permit.
// /jS 19 9^Application dated X
Signature Of Appjjaant
- DO NOT USE SPACE BELOW -
7.ST) T-crCKiV.MTime:_19Date of hearing:
Planning Commision recommendation as follows:
1-8-97: Approved as requested. 5/21/97: Tabled, with Applicant's permission) to
6/4/97 (6:30 P.M.) for the following: 1. A surveyor's drawipg depicting the
wetlands, buildable areas and the 2 areas suitable for/ septic systems. 2. Stakes being placed onsite indica^;,^ , ^
the proposed lotlines. 5/4/%. Tabled to 7/9/97 mtg. (7:3o1p.m7) to give‘^'’!^^fop Af|). to
provide the req. info., a surv. drawing depicting: 1. wetlands 2. buildable area 3. 2 areas suit-
We Jobations for wells 5. locations of proposed ^roaches.
<g~ 7-9-fi'J-yPC K^j•. ovtt-ff.. Ha max. Af 4 lots.
y
And
------ —_ _ Approved as recommended .
yi Denied as recommended^ _
4X22/^T'x^Other Referred to PC because of problem with distance ~ '
relative to a proposed approach
1
'pFT?Chairmen (
IS. I^^'?i
IT
day of_^, 19Minnesota Commissioner of Natural Resources notified this.
Land 5 Resource Management Official Minnesota
CONDITIONAL USE PERMIT NO.
I (Date/Initial)
Otter Tail County,
mailed copy of Application to Applicant.
BK 0996-006
283 364 • Victor Lundeen Co. Printers • Fergus Falls. Mmneosia
'I
■?
7-9-97: Denied the Application, reasons as follows: 1. Applicant was
not present to represent the Application. 2. Written documentation
was not received from the Applicant requesting his App. be tabled.
^ ■... — A:.....________*.
GRID PLOT PLAN feet SKETCHING FORML__grid(s) equals 2. Q feet, or .inch(es) equalsScale:
~Z Signature
19 9^ ■Dated:
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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UND&RESCURCe
281.d49 « Vtctor Lundeen Co. Priruers ■ Feigus Fails. MN ■ 1-BOO-346-4670MKL — 0871 — 029
LAND & RESOURCE MANAGEMENT
OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537
218-739-2271
September 3, 1 997
Mel Klien
RR#1 Box 25
Richville, MN 56576
RE: Douglas Kramer and Lyle Kachelmeyer, Marion Lake (56-243).
Dear Mr. Klein,
In response to your letter dated August 18, 1997, an onsite inspection of the
Kramer/Kachelmeyer property (pt of GL, Sec. 8, Twp. 135, Rge. 39, Rush Lake
Twp.) was made on August 27, 1997. This inspection was conducted by Dale
Krystosek (Board of Water and Soil Resources), Jeff Norby (East Otter Tail Soil and
Water Conservation District), and myself.
During this onsite inspection, we discussed Mr. Kramer’s and Mr. Kachelmeyer's
Conditional Use Permit (CUP) Application (denied by the County Board of
Commissioners on July 15, 1997) as well as the various concerns (wetland area(s),
lot suitability, lake access, etc.) that were raised during the CUP process.
It was ultimately decided that it would not be appropriate to conduct an onsite
wetland(s) evaluation at this time for the following reasons.
1)Mr. Kramer's and Mr. Kachelmeyer's application for a CUP has been
denied.
Neither Mr. Kramer or Mr. Kachelmeyer have requested that an onsite
wetland delineation be made by the Technical Evaluation Panel (TEP).
It should be Mr. Kramer's and/or Mr. Kachelmeyer's responsibility to
have the onsite wetland area(s) delineated by a qualified individual or organization
should they decide to submit a new CUP Application. The TEP would then review
the accuracy of the aforementioned delineation.
2)
3)
If you have any questions regarding this matter, please contact our office.
Sincerely,
6^
Bill Kalar
Administrator
Dale Krystosek, BWSR, 3217 Bemidji Ave. N. Bemidji, MN 56601
Jeff Norby, East Otter Tail SWCD, 655 3rd Ave. SE, Perham, MN 56573
cc:
2
Z^/August 12,1997
NOTE: This was the presentation given to the Otter Tail County commissioners at
their July 15th meeting. At that meeting the commissioners denied the conditional use
permit for these three approaches. John Madison, chairperson of the Otter Tail County
Coalition of the Lakes, questioned if there could be any further attempt at developing
these wetlands. Bill Kalar stated if they made any major change, as applying for two
approaches, they could reapply. Knowing past performance of Kramer Realty, we can
expect this to happen. We, the Marion Lake Association, have contacted John Jaschke in
St. Paul, chairperson of the Wetlands Conservation Department, and explained our
situation. He suggested we contact Dale Krystosek, District Chairperson in Bemidji, and
ask for a full panel review of this wetlands area. On the panel with Dale are Jeff Norby and
Keil Westegard. Dale expects to do this some time in the next two weeks.
Mel Klein
Marion Lake Association
^^CElVEo
1 8 1997
r
Mr. Chairman andjCommission Members
My name is Melvin Klein and I am here to>represent the views and concerns of the
Marion Lake Association (MLA). Last November Kramer Realty applied for a conditional
use permit to construct 3 approaches on County Road 49 which runs along and close to the
shores of Marion Lake. These approaches would be constructed across wetlands and onto
sonie small, irregular, hilly knobs that stand in a wetlands area (as classified by the ASC
Office in Perham, MN). Krainer Realty applied and received a permit from the Army
Corps in Brainerd to fill .12 acre of wetlands for these approaches. The Army Corps told
the MLA they issue these permits to anyone for these small amounts without viewing them,
but that the Wetlands Conservation Act allows denial of these permits by Land and
Resource if they deem it unjustly harmful to the wetlands area. The Corps said Keil
Westegard or his boss. Bill Kalar, had this authority. This total parcel consists of 28.4 acres
and has been subdivided into 5 parcels consisting of 5+ acres each. Lots 1 and 2 consist of
10.9 acres that has enough higher ground suitable for development and has an existing
approach. Lots 3, 4 and 5 consist of 17.5 acres and have been approximated to have less
than 1 acre suitable for building sites and development. The rest is a tamarack swamp.
The hilly knobs are surrounded by wetlands. The square footage of these knobs as
measured by Keil Westegard and Tim Griep from Land and Resource was 51,600 square
feet. Not all of these square feet are suitable for development. Keil stated that on Lot 3,
for example, there^was 12,600 square feet on the knob, but that only about 10,000 sq. ft.
was suitable for development. He also said there was an irregular narrow ridge on Lots 4
and 5 that was questionable. If the total square footage measured by Keil and Tim was
consistent on all 3 lots as on Lot 3, the suitable square footage on all three lots would be in
the area of 40,000 square feet. That is less than 1 acre. This is a marginal 1 acre or less
and would have to-support 3 suitable building sites - room for 6 septic systems and 3 wells
and not interfere with one another. Problems would persist even if there were 2 lots
instead of 3.
At the May 21st meeting of the Planning Commission there was concern if there was
enough adequate area for development. Bill Kalar made a request from Kramer Realty to
supply a topographical map so a better assessment could be made to see if there was
adequate area for the intended purpose of development, and to show proper location of
the wetlands. The matter was tabled until the upcoming June 4th meeting. Prior;to the
June 4th meeting a topographical map was supplied to Bill Kalar, Land and Resource, by
Kramer Realty. The topographical map did-not appear to be adequate and supply the
proper inforrnation needed, and also to showsproper location of the wetlands. Keil
Westegard and Tim Griep were sent out to hand measure the area, and properly locate the
wetlands (which they did the day before the upcoming June 4th meeting). With this added
information questions arose from the planning commission if it was possible to arrange a
development in this limited, irregular area. There was a motion and second for a
recommendation to the county commissioners for a denial of these approaches. Kramer
Realty immediately requested the matter be tabled to give them more time to reassess. It
was tabled until the July 9th meeting of the planning commission. This would give them 5
weeks before the meeting on July 9th. They did not show at the July. 9th meeting. They
called and asked for the matter to be tabled again. With allthese facts the planning
commission recommended to the county commission to deny the construction of these 3
approaches.
If development were to occur on these substandard lots, surely variance ^ould be
required to get them in position to'be, suitable and adequate.for development. Bill Kalar
also said it would be likely "for a variance to be required." The Shoreland C)rdinance
clearly states that no subdivision is to be approved if it would require a variance from the
standards. When Metes and Bounds makes application for a "conditional use", they then
come under subdivision requirements by and for their intended purpose. This application
has been tabled 3 times by the planning commission and county commissioners, and has
been discussed at 5 meetings.
Kramer Realty also claims to have a strip of land adjoining Marion Lake across the
road from these lots on Marion Lake. Research by Rick West, county engineer, proves that
County Road 49 has easement to the waters of.Marion Lake. A plat map and easement
obtained from Rick West proves this fact and was given to Tim Griep representing Bill
Kalar at the meeting of the planning commission on July 9th. It is illegal to place a dock on
a county easement. If any of these lots are developed, surely an attempt will be made to.
place a dock across the road and into the waters of Marion Lake. County Road 49 is a very
busy highway withJimited visibility because of curves on both ends of this lot area. If any
of these 5 lots are developed, the Marion Lake Association asks our commissioners to
place a restriction that no docks could be,placed across the road in conjunction with these
lots. The Marion Lake Association 's very concerned about this safety factor; and, as Bill
Kalar stated, "It would be an accident waiting to happen." i
The Marion Lake Association does recognize the problems created for pur
commissioners with these controversial decisions that have to be made. In a conversation
■■ ■ . I .with a planning commission member by the Marion Lake Association, a comment was
made that it did not scare him to put a building site - 2 septic systems and a well - on 10,000
available square feet (which in reality is less than. 1/4 acre), but it does scare some people.
In the June 6th article of the Perham publication of the "Contact" we noticed you, Mr.
Chairman, made a statement that too much marginal land comes before our county
commissioners and hasn't gone unnpticed by the board, and that you did want to correct
the problem of development on marginal land; Mr. Chairman, we agree. This attempted
development of these wetlands is another case in point.
The state flower grows in both ditches along these lots and on the slopes of these hilly
knobs. There has-been 30 letters of concern written by Marion Lake residents to the
planning commission urging these wetlands be'preserved as is. The Marion Lake
Association does not believe Lots 3, 4 and 5 a:re marginal, but highly unsuitable for
development because of all the facts we have presented to you. The Marion Lake
Association appeals to our commissioners to stop any development on these wetlands and
deny the application for these approaches by Kramer Realty. j
Thank You
Marion Lake Association
Planning Commission
June 4, 1997
Page 2
Motion: A motion by Harker, second by Johnson to table to the July 9, 1 997 meeting
(at 7:30 P.M.) to give time for the Applicant to provide the requested information, a
surveyor's drawing depicting: 1. The wetlands. 2. The buildable areas. 3. The 2
areas suitable for septic systems. 4. Suitable locations for wells. 5. The locations of
the proposed approaches. And a maximum of 4 lots.
Voting: All members in favor, except Zimmerman and Bergerud.
Lida Township - Approved As Presented:
A Conditional Use Permit Application for a proposed project that involves some minor
grading and spot widening of the Inlet Beach Road (T-724) to provide room for
aggregate base and bituminous surfacing.
The proposed project will be constructed to current Lida Township Standards and will
provide a safer and more efficient roadway. Detailed project plans are available at the
Land & Resource Management Office and/or the Otter Tail County Highway
Department.
The property is described as Inlet Beach Road (T-724),
Johnson stated that the Application was filed incorrectly indicating that this is a
Township road (t-724), it is not a township road,
Lida (56-747), GD.
It should be noted that Carl
« »Section 14 of Lida Township; Lake
Mr. Shay represented the Application. Harley Davis expressed concerns regarding what
would be approved as opposed to what is actually needed (what if it requires more than
minor work).
Motion: A motion by Harker, second by Lachowitzer to approve as presented; Land &
Resource is to review the plans with the County Department prior to issuing the Permit.
Voting: All members in favor; Johnson abstained.
"THALMAN SECOND ADDITION TO SOUTH OAKS’7 Delbert Thalman -Approved:
A Preliminary Plat of " Thalman Second Addition to South Oaks" consisting of 5
Residential Lots with 2 Blocks to be used for residential use. The property is described
as Government Lot 4 ex platted & Government Lot 4 ex tr 250' wide along Ik ex pt
platted in Section 1, Ottertail Township; Buchanan Lake (56-209), GD.
Delbert Thalman and Terry Anderson (Surveyor) represented the Preliminary Plat.
Motion: A motion by Lachowitzer, second by Zimmerman to approve as presented.
Please note that the Applicant did indicate that the piece of land between the road and
the lake that is not included in the plat would be permanently attached to the land
across the road; he was also informed that in order to subdivide this piece off, a plat
would be required.
Voting: All members in favor.
OTTER TAIL COUNTY PLANNING COMMISSION
Otter Tail County Courthouse, Fergus Falls, MN 56537
218-739-2271 Ext. 225
June 4. 1997
Meeting of the Otter Tail County Planning Commission was held on June 4, 1997 at
6:30 P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota.
Roll Call:
Members Present: Linda Bergerud, Fred Marker, Carl Johnson, Frank Lachowitzer, Bert
Olson (6:40), Robert Ronningen, Robert Schwartz and Leona Zimmerman.
Member Absent: Les Estes and David Trites.
David Hauser (arriving at 7:05) represented the County Attorney's Office and Bill Kalar
represented the Land & Resource Management Office.
Minutes of May 21, 1997:
A motion by Lachowitzer, second by Johnson to approve the Minutes of May 21, 1997
as presented. All members voted in favor.
Douglas Kramer/Lvie Kacheimver - Tabled to July 9. 1997:
A Conditional Use Permit Application to put in 3 driveway approaches off the east side
of County Highway #49 on the east end of Marion Lake. The property is described as
Pt of GL 1 (28.7 Acres more or less) of Section 8 of Rush Lake Township; Marion Lake
(56-243), GD.
Lyle Kachelmyer represented the Application. Mel Klein (Marion Lake Association)
spoke against the request. John Matteson (OTC COLA) indicated that he also had
concerns regarding the wetlands and questioned just what kind of lots are these
(lakeview lots or lakelots)?
Motion/No Action: A motion by Zimmerman, second by Bergerud to deny, reason being
the conditions were not met from the May 21st Planning Commission Meeting; the
surveyors drawing depicting the wetlands, buildable areas and 2 areas suitable for
septic systems (it should be noted that the original Application was for 3 approaches).
After this motion was made, before the Commission voted, the Applicant requested the
Application be tabled to give him enough time to get the requested information.
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Planning Commission
May 21, 1997
Page 3' T- *
Motion: A motion by Marker, second by Trites to table the Application {with the
Applicants permission) to June 4, 1997 (6:30 P.M.) for the following: 1. A
surveyor’s drawing depicting the wetlands, buildable areas and the 2 areas suitable
for septic systems. 2. Stakes being placed onsite indicating the proposed lotlines.
Voting: All members in favor, except Zimmerman.
Break: The Commission took a break from 8:45 - 8:55.
Walter Seifert - Approved:
A Conditional Use Permit Application requested as follows: "On the house side of
the existing road to the lake there are a couple of trees that are being undermined
and the roots are now exposed from erosion of dirt. There is also an area that has
eroded away to the left of the trees. I am afraid that if this is left this way the
trees will die and fall over. My request is that I may excavate from the existing
road back to a new house structure to take care of the erosion problem. This
would involve excavation to expose part of the front of a new house to make a
walk out area. The area to be excavated would then be resodded or rip rapped as
needed to stop erosion. This project is approximately the same situation as the
Cavanagh residence, PB29A, that we were involved with a year ago. If you had
seen that property before that project and if you look at it now it has changed to
the better. It has enhanced the lakeshore. To remove approximately 3' of existing
grade, within 20' x 50' area." The property is described as Lot 10 & 50' of Lot 9
of Twin Oak Heights, Section 18 of Pine Lake Township; Big Pine Lake (56-130),
GD.
Walter Seifert represented the Application.
Motion: A motion by Lachowitzer, second by Johnson to approve as presented at
this meeting (revised drawings on file at Land & Resource Management).
Voting: All members in favor.
David Will/Chuck Will - Approved With Conditions:
A Conditional Use Application to develop a 18 hole golf course and ski hill known
as "Fox Run Golf Course and Ski Area". The property is described as Part of N1/2
NE1/4 of Section 35, and SEl/4 SEl/4 & Lot 3 Ex Trs & Ex Plat (69.62 Ac) of
Section 26, Tordenskjold Township; Stalker Lake (56-437), RD.
Chuck Will represented the Application. Wayne Holo stated that he was told that
there used to be an Indian Village up in the hills of the proposed project. (Bill Kalar
checked the maps in the Land & Resource Office and did not find any indication of
known Indian Burial Mounds in this area).
Planning Commission
May 21, 1997
Page 2
St. Clair Shores. Inc. - "St. Clair Shores" - Approved:
A Preliminary Plat consisting of "ST. CLAIR SHORES" consisting of 17 residential
lots, 1 outlot and 3 blocks. The property is described as all of the NE1/4 of the
NE1/4 and all of Government Lot 1 of Section 34, Tumuli Township; Ten Mile Lake
(56-613), RD.
Jamie Jensen represented the Application.
Motion: A motion by Marker, second by Trites to approve the Preliminary Plat for
the following reasons:
measured from east to west. 2. There was prior approval of a preliminary plat
similar to this by the Planning Commission in 1985.
1.The backlots meet the 300' width requirement as
Voting: All members in favor.
Ben Stich - Approved With Conditions:
A Conditional Use Permit Application to take the needed fill to cap the landfill,
approximately 50,000 yards. The property is described as Lot 4 & SW1/4 NW1/4
ex 1 Ac Tr. and 1 Ac Tr. in the SW1/4 NW1/4 in Section 5 of Clitherall Township;
Unnamed Lake (56-285), NE.
Jim Rentz (Riley Brothers Construction Co.) represented the Application.
Motion:
understanding that: 1. The project may entail less than 50,000 cubic yards. 2. A
silt fence is used to prevent erosion. 3. The entire area is stabilized.
A motion by Zimmerman, second by Johnson to approve with the
Voting: All members in favor.
Douglas Kramer/Lvie Kacheimver - Tabled to June 4, 1997:
At the April 22, 1997 meeting, the County Board of Commissioners passed a
motion to refer the Conditional Use Application of Douglas Kramer & Lyle
Kachelmyer back to the Planning Commission because of the problem with distance
relative to a proposed approach. The Conditional Use Application is requested on a
parcel of land located in Pt. of Government Lot 1, Section 8 of Rush Lake
Township; Marion Lake (56-243), GD.
Lyle Kachelmyer represented the Application. Mel Klein expressed concerns: the
proposed subdivision's unsuitability for development; the Ordinance prohibits
variances on new subdivisions; he requested the Application be denied. Richard
Kohchemar (Marion Lake Ass'n) indicated that allowing this would create a
hazardous traffic situation.
Lyle Kachelmyer indicated that they propose to change the location of 2 of the
approaches so they are 300' apart (the 1st approach will be moved north
approximately 30' and the 2nd south approximately 30').
Minutes of the
Otter Tail County Board of Commissioners
otter Tail County Courthouse
Commissioners’ Room, Floor 1-B
Tuesday, January 21,1997
9:30 a.m.
______________
Cali to Order
The Otter Tail County Board of Commissioners convened Tuesday, January 21, 1997 at 9:35 a.m. at the
Otter Tail County Courthouse with Commissioners Andy Lindquist, Chair; Bill Stone, Malcolm Lee, and
Sydney Nelson present. Commissioner Virginia Portmann was absent.
Approval of Agenda
Motion by Lee, seconded Nelson, and unanimously carried to approve the agenda of January 21, 1997 as
amended: Discussion - Storm Closing Policy
Approval of Minutes
Motion by Nelson, seconded Stone, and unanimously carried to approve the minutes of January 14, 1997
as submitted.
Conditional Use Permit
Bill Kalar, Land & Resource Administrator provided copies of a letter from the County Highway Engineer
relative to the CUP request of Lyle Kachelmyer and Doug Kramer on Marion Lake. The CUP request was
tabled last week for additional information. The aforementioned letter stated that a 300 foot separation
distance between the approaches is more appropriate and the required approach request forms must be
completed prior to any construction on the approaches.
Commissioner Nelson recommended a delay of action on the CUP until next spring. The County Attorney
advised that there is a 60 day limit on delaying approval of a CUP, however, the County Board can write to
the applicant to request the applicant’s approval to delay action until spring of 1997 for viewing of the
property which is hindered, at this time, due to snow conditions.
Motion by Nelson, seconded Stone, and unanimously carried to table the CUP of Lyle Kachelmyer and
Douglas Kramer on Marion Lake and extend the approval for 60 days due to snow conditions and lack of
ability to view the property. Mr. Kalar will confer with the applicants to request agreement for an extension
until next spring of 1997.
1997 Otter Tail County Board of Commissioners’ Appointments
Chair Lindquist appointed County Board Commissioners to committees for the year of 1997 as follows:
AMC Delegates All Board Members
County Attorney
County Coordinator
Human Services Director
Budget/Audit Committee Lindquist
Lee
Building Committee, New York Mills Nelson
Stone
TELEPHONE 218/739-2271Richard West, P.E.
COUNTY HIGHWAY ENGINEER
OTTER TAIL COUNTY
HIGHWAY DEPARTMENT
FERGUS FALLS, MINNESOTA 56537
January 20, 1997
Mr. Bill Kalar, Director
Otter Tail County Land and Resource Office
County Courthouse
Fergus Falls, MN 56537
Lyle Kachelmyer - Request for driveway approaches on CSAH No. 49 along
Marion Lake.
RE:
Dear Bill:
The policy of the Otter Tail County Highway Department concerning distance
between approaches is that when possible 300 feet be maintained as a minimum.
It appears from the drawing you provided for me that by shifting either the
proposed first or second approach, the 300 feet minimum spacing can be met.
Please advise Mr. Kachelmyer that he will need to complete the required
approach request forms prior to any construction being done on the approaches.
If you have any questions or require further information on this matter,
please feel free to contact me at any time.
Sincerely,
Otter Tail County Highway Department
Richard West, P.E.
County Engineer
RKW/cro
filecc:
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
DAVID J. MAUSER
OTTER TAIL COUNTY ATTORNEY
COURTHOUSE
FERGUS Falls. Minnesota 5653?
(213)739-2271
F.AX(213)739-1983
December 9, 1997
ASSISTANTS
BARBAR.A .R. H.ANSON
RARJEN .A. COOPER
KLTRT A. .MORTENSON
INVESTIGATOR
J. .ALLAN ANDERSON
Mr. David Chase
Route 3, Box 376
Perham, MN 56573
Mr. .Vlark Sha
85 - 32nd Avenue N.E.
Fargo. ND 58102
Re; The Use of County Road Right-of-Way
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 county 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
Counr.' Board had consulted the account e.xecutive for the Minnesota County Insurance Trust, a
self-insurance organization of counties. The Insurance Administrator recommended that the
countN' 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
manner 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 pre.miums which must be paid as a cost to all taxpayers.
The piacement 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.
RECEIVED
JAN 5 1998
LAND & RESOURCE
''DavidTJ. Hauser/
DJH/mk
Rick West, Highway Engineer
Mr. Mel Klein i/^
.Mr. Richard Kotchevar
Kramer Reaitv
cc:
i
vvKo« SSsVHiKhway Easement. (Revised 19S9.)f?^S!V?aS^
HIGHWAY EASEMENT
U\ ■’Prepare hy
Checked by
Gerald 0. 8. Lynnefred A. Green
RUSH LAKE TONNSHIPCranlnr....., of
***THIRTY-EIGHT & 6O/IOO
irccMpt of t/'flich i.i hcMd/y arknotrlcd^ed,
, .Minneeota, for and, in, consideration of
38.60 ****Dollars (ff.)
VK;!
i'
.C.0.UNIY....QF..011ER...TAILhereby convey
uruntec, for bi^hwny purposes, toiielher with the unrestricted ritrht to improve the same, free and clear of all incum-
.and warrant to the.
,QT.IE.R....TA.ILbrances, tlie following described real estate in the County of,iti the State of Minnesota;
A strip of land over and across the following described tracts:
Government Lot One (l), Section 8, Township 135 North, Range 39 West, and part of
Government Lot Four (4), Section 5, Township 135 North, Range 39 West, except tract,
said strip being all that part of the above described tracts which lie within fifty (50)
feet on either side of the following described centerline:
Commence at the East quarter corner of Section 5-T135N-R39N, thence South 00°18'
East for a distance of 472.0 feet, thence deflect to the right on a 7°00
(delta angle 90°32') for a distance of 1,293.3 feet, thence North 89°46' West
for a distance of 1,544.0 feet, thence deflect to the left on a 7°00' curve
(delta angle 77°32') for a distance of 1,107.6 feet, thence South 1^°42' West
for a distance of 294.4 feet, thence deflect to the left on a 7°00
angle 07°42') for;a distance of 110.0 feet, thence South 5°00' West for a dis
tance of 90.4 feet to point of beginning.
curve
(deltacurve
Continue South 5°00,' West for a distance of 315,.9 feet, thence deflect to the
right on a 4°00
South 28°10' West, for a distance of 360.6 feet, thence deflect to the right on
a 1°00' curve (delta angle 4°06') for a distance of 410.0 feet, thence South
32°16' West for a distance of 81.3 feet and there terminating.
(delta angle 23°10') for a distance of 579.2 feet, thencecurve
Excepting therefrom right of way of existing.highways.
Containing 1.93 acres, more or less.
Also that all telephone and power lines can be placed on the right of way line.
Also an easement to construct slopes which shall cease on or before December 31,
1966 on the above described land.
liimself,
, for tbeinselves, their beir.s, executors and assigns, do........covenant never to cut, damage,
destroy or remove any tree or shrub or other natural growth upon the hereinbefore described premises for the continu-
his
And the said grantor
ance of this casement, and does hereby grant and convey to the................COUNT.V-OE...OXTER...TAIL.......................................
all grasses, slirubs, trees and natural growth now existing on.said lands or that may be liereafter planted or grown hereon.
And the said grantor
himself,
, for thcuiselves, their heirs, executors and assigns do
his
liereby release the,
COUNTY OF OTTER TAIL
its successors and assigns, from all claims for any and;all damages resulting to the lands through and across which the
parcel of land hereby conveyed is located by reason of the location, grading, construction, maintenance, and use of a public iiighway over and upon and the removal of materials from the premises hereby conveyed and from the uses incident
COUNTY -OF OTTER TAILthereto, and the,
shall have the right to use and remove all earth and other materials lying within the parcel of land hereby conveyed and
the right to con.struct and maintain, upon the lands adjoining the parcel hereby conveyed, such portable snow fences dur
ing such months as weather conditions make necessary.
himself, his
Atid the said grantor......... for themselves, their heirs, executors and assigns do........further convenant never to con
struct, erect, or maintain or allow or suffer any other person to construct, erect or maintain any sign or bill board or other
advertising device upon the lands adjoining the parcel hereby conveyed, closer than one hundred (100) feet from the said
COUNTY OF OTTER TAILpremises unless a permit therefor in writing shall have first been obtained from the.
, 79 .66.22nd March,,Dated this day of
In, presence of:
IVifness^^
V.IVitncss „
S>tate of jUtnnesiota,
OTIER„TAIL
22nd
>.ss.
County of.
66March , before me j)er's(ifih)l\Piif>j>rfirc(iOn this ■day of., W
Gerald 0. & Lynnefred A, Green
to me hnoivn to be the person....described in and who cxceufed the foregoing ifwt?-liohhif,''(utd;:orftno.lri
'i' ' y 'A j'edged that their....executed the .. free art and. ilecd.same as
G. D. HARLOW
Oiior Tail Couniy, ./'ll ,
Ouriiinicsion £;;p:res i.'ar. 17, '
I hereby certify that the xeithin easement vdil eoni'ey to the
for highivay purposes a good title to the land therein described, free and clear of all incuinhraores.
/ further approve said easement as to form and c.xecution.
. 19..........
(County JtUorney)
(Assistant Attr.rney dcoeral I
Ft.A-B =
Ft.n-c
Ftr-.r =-
. rtegrre Cii ri w
,^lcres of land
required
B X
I
\ ;t/5 'i{H 3 \S'.
& _
g 6
s sH ^
S O
S £
■g
=5S R" Is 3
£ is
I £ ^47
X
CL I?u*.2I'3!Si>
cy>tr.A "a
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.--2 ;i-.^ -
^ ^ 2 §
oKS5''5iS
2
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2£ J
CO o
/ U oQ =5
November 15, 1996
Dear Sirs:
In October I requested permission from the Otter Tail County Highway
Dept, to install 3 driveway approaches off Co. Hwy. #49. The Co. Hwy.
Dept, has no problem with the approaches but because they fall within
1000' of Marion Lake a conditional use permit and notifying you is
necessary. (See attached letter and topographical maps from the Land
and Resource Mgt. office).
Enclosed please find my application to fill a small area of mostly
wooded wetland. The area to be filled is really the road ditch of
existing Co. Hwy. #49. The area tobe filled is for driveway approaches
to 3 tracts of land of approximately 5^ acres each in size. This is
the only possible access to these tracts. Only the amount of fill
that is absolutely necessary to meet Co. Hwy. Dept, specs for approaches
will be used. The county will be supplying culverts for the approaches.
The sites of the approaches have been marked and are easily identified.
If you would like any assistance in finding the location of these proposed
approaches please call me anytime at 218-367-2006. If I can provide
any additional information or be of any further assistance please contact
me anytime at the above number.
Sincerely yours,
Lyle Kachelmyer
R. 2 Box 233A
Ottertail, Mn 56571
218-367-2006
2 7 Ijgg
Local - State - Federal Water Resourcs Project Notircation / Application FormHA-0262MI
Use this form to notify/apply to the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, and your Local Government Unit
of a proposed water/watland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit
requirements within 45 days. Soma LGU's may also require submission of their own application forms. RU out this form compistely.and mail a copy,
with plans, maps, etc. to'sach^of the agencies listed on the reverse of the form. Keep a copy for your records;-'YOU MUST OBTAIN ALL REQUIRED
AUTHORIZATIONS BEFORE BEGINNING WORK. ■
CORPS NUMBER;MONR NUMBER:AGENCY USE ONLY; LGU NUMBER:
Ares Code, TelephoneAuthorized Agent, if anyI. Applicant's Name (Last, Rrst, M.l.)
K/IC HSL fn LYL£ -77 2oO(=>
Address (Street, RFD, Box Number, City, State, Zip Code)
R. g SoX ^/9. Q -r-r^^ /V.. /vn/^ ^6 ^-7/
Location of proposed project (attach drawing showing how to get to site)II.
Lot, Block, SubdivisionQUARTER SECTION(s) SECTlONS(s) No. TOWNSHlP(s) No. RANGE(s) No.COUNTY
A/lxJ> /</39^1/
NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN)
/ooo' 0^ zh/^/^/oA/ SL
FIRE No., BOX No., OR PROJECT ADDRESS
IIL ESTIMATED PROJECT COST; $'LENGTH OF SHORE AFFECTED (in feet): )___________________________/ooo
IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards):''
AREA FILLED OR EXCAVATED IS
ifJOTE: You may substitutB dimensions)
^Souare Feet ■ RPif»Ro)C,Acres, OR X .3
ter Access Path
□ Dock
teXlJLVERT
□ Sanoblanket
□ Dam□ Bridge
□ Riprap
V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY):
□ EXCAVATE
□ REPAIR
□ CONSTRUCT □ DRAIN
□ REMOVEty^FILL
□ LAKE □ SHORELINE □ WATERWAY WETLAND
OTHER (DESCRIBE): t'iJ/9 V ARRRo /^C ¥LUc^TX/^^Jd //X D / TC H
7- o A
WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: WooO€r> tM!) RoAO mT/C It
Attach applicable drawings, plans, arvd ASCS crop photos. Include a description of any proposed compensatory miugation. Important: Identify
any disposal and borrow areas. Describe the work below: how it would bo done; what equipment would bo used.F/LC u.>oc{^0 BF Ti^u.cRFO FtaJd FFFFcf3c //FS D
FF'i/F.FFfi UJ rr Yi A C FT (6b< cc. Jbo-2.F __________________
VI. PROJECT PURPOSE (why is this project noeded-what benefits will it provide?): RXo\/tD€' FCtCtFiS^S "FO
Yy\ CourJFY
/9aJD
VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing
wadand/water impacts: Attach additional sheets, if needed).
Vlll. DATES: Proposed start of activity: 2 PR! C>Proposed completion:S?R/yJC /9i‘7,
(Identify any completed work on an attached drawing)
IX. ADJOINING PROPERTY OWNERS (Anach list if more than two)
Name
F/Zoytifs
Address r^p p/Ft Fn State
/71 r/
X. PERMITS have been received (enter an R) or already applied for (enter an ^ from: H DNR M ARMY CORPS OF ENGINEERS R COUNTY
Town/City ___ Watershed District ___MN Pollution Control Agency
hJOHas an archaeological survey of the project site been done?If so, by whom:
I hereby notify the rsdpisnts of this form of the project proposed herein and request that I be advised of any permits or other determinations
concerning this project that I must obtain. I understand that proceeding with work before all required authorizations are obtained may subject me to
Federal. State, and/or local administrativa. dvil and/or criminal penalties.
DATE;
Signage of Person Proposing Project or AJ (//lent
< < < PLEASE CAREFUaY READ AND COMPLETE BACK OF FORM> > >
INSTRUCTIONS-PLEASE READ CAREFULLY
A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check the
appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records.
Local Government Unit (LGU): city, county, or watershed management organization.Specify the LGU to which you are sending the form: '77^/C C.ouru'T'r^ ^ "V-
The local Sou. and Water Conservation District (SWCD) for the project.
Specify the county SWCD:
Watershed District (if one exists for the project areal.
Specify the Watershed District:____________________
Minnesota Department of Natural Resources (MDNR) regional office
U.S. Army Corps of Engineers (ACOE). Send the ACOE copy to:
Department of the Army, Corps of Engineers, St. Paul District,
ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638
The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA).
MPCA water quality rules may apply to your proposed project.
Note:
ATTENTION (FROM USDA): Any activity Including drainage, dredging, filling, leveling or other manipulations. Including
maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with
. your local USDA office to request and complete Form AD-1026 prior to initiating activity. ^
IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If
you wish this forrh to constitute an application to the Corps and/or MDNR for any necessary permits for your project please
carefully read the following information and sign where indicated.
iiimiimimiiiiiimiiiimiiiiiiiiiiiimiiiiiiiiiiiiiiiiix
Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am|familiar with
the information contained in this application, and that to the best of my knowledge and belief such information is true,
complete, and accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as the
duly.authorized agent of the appjicant.
n/f£/9Li
DateSignature of Agent
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it
may be signed by a duly authorized agent if the information requested below is provided.
lignature of Applicant,,'ati
Agent's Name and title:
Agent's address:
, Agent's telephone: (
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The Urtited States
knowingly and willfully falsifies, conceals, or covers up by any tnck, scheme, or device a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. i
SEE ATTACHMENT ABOUT MDNR PERMIT FEES
i
sf'1 L-
ymrIvT" 3 /■i ^ ^eOO
L^, Ooo
2.^ i<wc3 c? —
PROPOSED TRACT ARRANGEMENT
IN GOVERNMENT LOT I
SECTION 8-135-39
OTTER TAIL COUNTY, MINNESOTA
); :
‘ J-.aT i
r /’■» \ t^’r
I.4I p)'~LoT r
j:5 '^CT
ii of C.S.AJi. No. 49
i I
(
'• ^ \.Z wI?
I IV/HIvV-
.S^f®Northeast corner
of Gov't, l-ot IV j GSSS Wor/h //n« of
Gov't. Lot 1
2, 8\hh^li
N.
\\ North Quarter corner
Section 8-/35-391No Vicinity map shown as the entire
boundary of Gov’t Lot I is shown.I
I
i S89°00'34' W
121 90't
I hereby certify that the subdivided property o'Vdescribed in this survey meets the Otter Tail <v *o’ <v^
Co /
TRACT ICounty requirements for public road access and 5.2 * ACRESsewage treatment systems.I
L 39-
\(includes easements)\<M
SURVEYOR:OWNER TRACTS 1-5
Roy A. Smith and Associates
Lincoln Professional Center
Detroit Lakes, Minnesota East line of
Gov't. Lot I
k/AtLEGEND
\
® = Only steel fence post set.
Denotes Iron monuments found.Fenco• =Denotes iron monuments set markedo =Iwith Minnesota Registration No. 12004.IelL NIOrientation of this bearing system is assumed.
Scale : I inch = 100 feet.I'J
O)
o
IrI
200100scaleOgraphic a
s'*
%
0)
lO
oo
cf
t^sxeby certity that nis survey, piiia.
riport wa« prepared by dq.8 or under r.;.
tract supervision and that I am a duly degis-
•'■ired Land Surveyoi under the laws of the
3!g:e of Minnesota.
I
1I
i
Bog. Nanote.
J
Gov't Lot lines are
shown per Robert Oslund Certificate
of Survey on duty 25, 1996.
i
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.1
Southeast corner
of Gov't. Lot t
1335.66 1w
S.v\'. 1/4 -
- N. 5:. 1/4
Co ^RDXW3 knot 4-Lv-V
hi if/ I IV ut. I/ ‘t1/4 -o r.- \d.L-.O'V
N^/
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i.
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LAKE MARION
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SEI/4 NWI/4 Sec. 8-T135N-R39W
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Part of Govt Lot 4 Sec.5-Tl35N-R39WExcept Tract
Gerald Q8 Lynnefrerf A Green
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PLATE 1, PLAN-PROFILE
KEUfFEL & tii£g CO.aAJ?56!649-0L_
40>'0t2 IMPERIAL'" THACIMO CtOtH ;i7ric,J
NEG.5 IB-nest & Lenora Kerben
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I OTTER TAIL COUNTY PROJECT NO----------6&49-.......
j CSAH NO..-,.,.-.49_„— SHEET__J5.__^OF„.43—SHEETS-HrE PUTE ], PLAN-PROFllE
KEUFfa & ESSER CO.S.AR 56-649-01
'407012 imperial■“ THACiMCCi.<.ri*