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HomeMy WebLinkAbout53000990762000_Conditional Use Permits_03-02-2000Conditional Use Permits 1 Barcode 128 OTTER TAIL COUNTY Conditional Use Permit # 51(^5 R^^rttrv[o^^ fij 6cls^ prat^K MJ Twp. {5^ Range ^7 Twp. Name Owner’s Name Address H 33^1 Location; Lake No.^I^ Sec. ‘S 3-Odd."79^0'700-^00 T Sd-ooo-J^-on(p^'oooo Work Authorized: w sv.raie-(re£r.to ew^(waif*> i[[^[qq 4 je-Hc-r dai^ ulsh9-a/I at l^^K) ‘ I- CO^fi-CAor 4t> (Icn/O!^ "i'W/i/ i>{0(£ci S'faLliU'hon. Z- in5i^lhcl n^sLcur rodc ^j>iil\ onsite un^ l /i//iti fiQiyje j$ /erigv/eci, I W/O/3, ) 'T 3-Z.-OI3-z-ooIssued;Expires: Land and Resource Management Official Sfl 1"^M'l II**1. Earthmoving shall be done between 2. Entire area shall be stabilized within 10 days of 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. & BK-1099-046 260,111 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 860210 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 86fl^J^Q was filed/recorded in this office for record on the Ip___day of2000 at ^-COffar^pm Wendy L. Metcalf, County. Recorder by: 0-^^-Bspatr I V, ^cP\J> ^recordling ffio ^ ^ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee /^Q 9- >5Receipt Number MiChcul t (?pk^p/Y) ^ f'cU/]PraJn^ M/J h,!2 ~3^Z(PROPERTY OWNER DAYTIME PHONE llzilADDRESS C,-i>0/)LAKE NUMBER LAKE NAME LAKE CLASS 039crov->SECTION . TOWNSHIP P) S 3 60 C)99 0'7U>% o <2^ c> RANGE TOWNSHIP NAME / PARCEL NUMBER FIRE/LAKE I.D. NUMBER LEGAL DESCRIPTION -/SS' /'V /UJ- __________ S ^ QUO Dnc^En/^o EXPLAIN YOUR REQUEST c Z' - C’ ^ (Xa^5 ,SVyuc-htre^ ^^>07riU>C Jl (p 3u00^ 9io» tifL y-eJ- ^ /-^ a Ot r\^ 9/tjL o oy:>or / .0 V/£>j yr P-30 S <' -3 J IpCK Ca o / AA oO-P/Ve>\P Clc-U-tuj^ -i_ I UNPgRSTAND 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. __p_'y<rAnSIGNATI^ OF PROPERTY OWNER DATE‘S/ APPLICANT MUST BE PRESENT ittlTlflEOHiieRlNG SEP 1 3 1999 (Applicant Will Receive Notification As To The Date/Time Of Hearing) BK^)299-006 294,913 • Yiaof Lundeen Co.. Printer • Fergus FeHs. Minnesota \ • Aecepted By Land & Resource L & R Official/Date 7:c)0 f rAQtkksLi/ XOjDate Of Planning Commission Hearing Time Planning Commission Motion October 20.1999 Motion: A motion by Trites, second by Lachowitzer to table, at the Applicant’s representative’s request, to November 10,1999 (or to December depending on when the requested plans are received) to allow more detailed plans be provided. Decembers, 1999 Motion: A motion by Trites, second by Sha to approve (refer to the engineer’s drawing dated 11/4/99 & engineer’s letter dated 11/5/99) provided: 1. A qualified contractor follows through the entire project, including stabilization. 2. A silt fence is installed near the rock spillway and left onsite until the area is fully stabilized. 3. The fish cleaning house is removed, allowing only one (1) water oriented accessory structure. With the proposed changes in the engineei’s presentation, this project substantially meets the requirementsof the Ordinance. Cpairman/Otter Tail County Planning Commission County Board Action i>^ Approved As Recommended Denied As Recommended Other Date of Final ActionChairman/Otter Tail County Board of Commissioners '2/jijov L & R Official/Date ' *CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management NoYes (Contact Land & Resource Management) 3k|qi) L&R Offici^fi/DateCopy of Application Mailed to Applicant And MN DNR SANITARY tCIVIL Eugene A. Hansen, P.E. Engineers - Contractors 14476 E. Pearl Lake Rd. Detroit Lakes, Minnesota 56501 218-847-5918 11/5/99Michael & Rebecca Muston 11321 RiverviewRd Eden Prairie, MN 55347 RE: Lot 2 Block 1 Lazy Acres 1st Addition Section 5 Rush Township Marion Lake Dear Mr. & Mrs. Muston, ■4Enclosed is the drawing with spot elevations for Lot 2 and Lot 3. I have shown the drawing with creating a new swale for the water way about 20 feet away from the existing swale. The original idea was to put a culvert under the driveway and building site. You will note that the ground elevation next to the existing concrete slab is about one foot above the flowline of the bottom of the existing swale. The elevation at the swale is 98.3 and the elevation at the concrete slab is 99.5 with a difference of 1.2 feet (about l’-2”). The existing culvert imder the county road is a lo-head - 36” diameter culvert. Since your site only has 12-14 inches of clearance from fiiushed ground to flowline swale this type of culvert would not work. Another option is to install several 12” diameter culverts imder the construction site (3-4 culverts). You should have a minimum of 12 inches of cover over the culverts, the site does not allow for 12 inches of cover as noted by spot elevations discussed in previous paragraph. The culverts would have to be 50 feet long and four culverts would cost about $3,000. You would also have to bring in fill for site with seeding or sodding. Best Option as Proposed - The drawing shows the best option as shown, which is to created a new drainage swale for the water to flow to the lake. The new drainage swale would be about 20 feet East of the existing swale at the maximum. This would be only as you go around your building site. You would construct the swale so you have positive drainage to the lake. The ground has a very gradual slope to the existing swale, note spot elevations. The bottom of the new swale should be sodded or use green fiber seeding mats, which has seed and fertilizer in it, which retards washing or erosion by water flowing across it. Fill would have to be brought in to make site as shown. I would recommend a qualified seeding and sodding contractor to handle this type of work. It is important that when you start moving swale and bring in fill, work will be done as soon as possible with no delays so to ntinimize any possibility of dirt erosion into the lake even ' • CIVIL SANITARY \ Eugene A. Hansen, P.E. Engineers • Contractors 14476 E. Pearl Lake Rd.<Detroit Lakes, Minnesota 56501 218-847-5918 Page 2 thotjgh you would put up silt fences by the lake (at beginning of rock spillway). The contractor would seed or sod immediately and water as necessary to get grass to grow, since this a seasonal residence. Being a former County Engineer, I have handled these types of situations before, timing and speed to get work done is important with this type of soil. Ice ridge, area improvements - I have shown the existing elevations on the ice ridge of 100.9 by the fish house where you want to remove dirt to meet the existing toe elevation of the ice ridge slope. This is an area of 25 feet where there are no trees. You are proposing to take out one tree to the East, which should give you about 35 feet alotig the ice ridge, then lower the ice ridge about 2 feet to meet the back slope at the toe elevation of 98.7. (top of ice ridge 100.9, toe elevation is 98.7, difference of 2.2’) The water elevation of Marion Lake is 95.1, when finished, this area will still be 3.5 feet above water level. ■! If you have any questions regarding this evaluation, please contact myself or Pete Thielen at 1-800-255-9981. Sincerely, Eugene A. Hansen, P.E. 7^ /& •Y I'f ■ r Planning Commission October 20, 1999 Page 3 Michael & Rebecca Muston - Tabled (To Either November or December): A Conditional Use Permit Application to; 1. Move an existing utility structure from Lot 2 to Lot 3. 2. Remove a portion of the ice ridge, leaving the trees yet taking to grade about 50’ of shoreline, leaving the other 130’ as is, the 5’ of height will be removed and used to create a mound on the back of the lot or taken away. 3. Fill for a garage and parking area and culvert - unsure of cubic yardage. The property is described as Lazy Acres 1®‘ Addition Lots 2 & 3, BIk 1, Section 5 of Rush Lake Township: Marion Lake (56-243), GD. Pete Thielen (Foltz Buildings, Inc) represented the Application. Ron Buchultz expressed concerns regarding the elevation and size of the proposed culvert. A motion by Trites, second by Lachowitzer to table, at the Applicant’sMotion: representative’s request, to November 10, 1999 (or to December 8’^, depending on when the requested plans are received) to allow more detailed plans be provided. Voting: All members in favor. Duane & Theresa Haugen - Approved With Conditions: A Conditional Use Permit Application to taper the bluff zone area so its slope would flow away from the bluff. The taper would only drop 10” in the 30’ area and the length would be 84’. This would allow us to build a walkout house and at the same time, reduce the amount of water that runs down the bluff. The property is described as Lot 9 Block 1 Pine Lake Shores, Section 35 of Gorman Township; Little Pine Lake (56-142) GD. Duane Haugen represented the Application. Motion: A motion by Sha, second by Estes to approve as requested, provided: 1. Appropriate stabilization methods are used. 2. The project takes place between April 15"’ and September 1®‘ as required in the Shoreland Management Ordinance. Voting: All members in favor. George & Marge Montplaiser - Approved As Requested: A Conditional Use Permit Application to install retaining walls. A terrace consisting of two walls 55’ long from stairs, running parallel to existing bank, approximately 2.5’ high and made of Keystone Intermediate II retaining wall blocks. The property is described as Lot 13 Schermerhorn Beach, Section 13 of Dora Township; Big McDonald Lake (56-386), RD. The walls will be George Montplaiser represented the Application. Motion: A motion by Lachowitzer, second by Boyer to approve as requested. Voting: All members in favor. Motion: A motion by Schwartz, second by Trites to approve provided: 1. The wetlands on Lot 1 and behind Lot 4 (across the road) are identified on the final plat. 2. The existing building that is located on the lotline of Lots 5 & 6 is removed. (The approval is subject to the map discussed at this meeting. A copy of which is to be submitted to Land & Resource.) Reasons for approval: 1. The sight vision onto County Road #119 is excellent. 2. The lots containing wetlands are large enough to accommodate building sites. Planning Commission December 8, 1999 Page 3 Voting: All members in favor. Chris. Kim & Trade Holland - Denied: A Conditional Use Permit Application stating: We have three small children under the age of six and would like to lower the bank of the access road so our children can access the lake safely and without playing on the road. The property is described as Lots 23 & 24, Block 1 Lida View Hills, Section 14 of Lida Township; Lake Lida (56-747), GD. Trade Holland and Mark Baumgardner represented the Application. Motion: A motion by Lachowitzer, second by Trites to deny since the risk (erosion potential) is greater than the minimal use enhancement of this request. Voting: All members in favor. Michael Muston - Approved With Conditions: On October 20, 1999 the Planning Commission tabled a Conditional Use Permit Application to: 1. Move an existing utility structure from Lot 2 to Lot 3. 2. Remove a portion of the ice ridge, leaving the trees yet taking to grade about 50' of shoreline, leaving the other 130’ as is, the 5’ of height will be removed and used to create a mound on the back of the lot or taken away. 3. Fill for a garage and parking area and culvert - unsure of cubic yardage. The property is described as Lazy Acres 1®' Addition Lots 2 & 3, BIk 1, Section 5 of Rush Lake Township: Marion Lake (56-243), GD. At this hearing there was a motion passed to table the request. Motion / October 20. 1999: A motion by Trites, second by Lachowitzer to table, at the Applicant’s representative’s request, to November 10, 1999 (or to December 8‘^ depending on when the requested plans are received) to allow more detailed plans be provided. Gene Hansen (engineer) and Pete Theilen (contractor) represented the Application. Motion / December 10. 1999: A motion by Trites, second by Sha to approve (refer to the engineer’s drawing dated 11/4/99 & engineer’s letter dated 11/5/99) provided: 1. A qualified contractor follows through the entire project, including stabilization. 2. A silt fence is installed near the rock spillway and left onsite until the area is fully stabilized. 3. The fish cleaning house is removed, allowing only one (1) water oriented accessory structure. With the proposed changes in the engineer’s presentation, this project substantially meets the requirements of the Ordinance. Voting: All members in favor, except Zimmerman. otter Tail County Board of Commissioners December 14, 1999 Page 5 Call to Order The Otter Tail County Board of Commissioners convened Tuesday, December 14, 1999 at 10:50 a.m. at the Otter Tail County Courthouse with Commissioners Sydney Nelson, Chair; Virginia Portmann, Malcolm Lee, and Roger Froemming present. Approval of Agenda Motion by Lee, second by Froemming, and unanimously carried to approve the County Board agenda of December 14, 1999 with the following additions; Capital Improvement Committee Personnel Committee Meeting Petition for Phelps Mill Bridge Closed Session Chief Deputy, Mark Morris at 2:05 p.m. - Request for Approval of Computer Purchase Lakes Country Service Cooperative Approval of Minutes Motion by Portmann, second by Lee, and unanimously carried to approve the County Board minutes of December 2, 1999 as mailed. Extension Update Extension Educator, Angela Berge, presented information regarding a “Positive Parenting for Teens” educational program she will be teaching. She also presented a Minnesota Gardening Calendar and a 4-H book that are for sale at Extension offices. Planning Commission Recommendations Preliminary Plat & CUP - “Norge Estates’VPaul & Dianne Beckman: Motion by Portmann, second by Froemming, and unanimously carried to approve the Preliminary Plat of “Norge Estates” consisting of 14 residential lots on Norway Lake (Sec. 20, Twp. 133, R. 41, Sverdrup Township, Lake No. 56-569) and a Conditional Use Permit to construct 2,400 feet of road to service the plat. The approval is subject to conditions as recommended by the Planning Commission. Preliminary Plat & CUP - "Rick's Lazy Eighty EstatesVRicky Nororen: Motion by Lee, second by Portmann, and unanimously carried to approve the Preliminary Plat of “Rick’s Lazy Eighty Estates” consisting of 8 residential lots on Long Lake (Sec. 21, Twp. 132, R. 41, Tordenskjold Township, Lake No. 56-428) and a Conditional Use Permit to construct a road to service the plat with conditions as recommended by the Planning Commission. Conditional Use Permit - Chris. Kim & Trade Holland: Motion by Lee, second by Portmann, and unanimously carried to deny a Conditional Use Permit to reshape a bank on Lake Lida (Sec. 14, Twp. 136, R. 42, Lida Township, Lake No. 56-747) as recommended by the Planning Commission. Conditional Use Permit - Michael Muston: Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional Use permit to expand a garage on Rush Lake (Sec. 5, Twp. 135, R. 39, Rush Lake Township, Lake No. 56-243) with conditions as recommended by the Planning Commission. Otter Tail County Board of Commissioners January 4, 2000 Page 2MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS - - Otter Tail County Courthouse || Commissioners’ Room, Floor 1-B Tuesday, January 4, 2000 9:30 a.m. Page 5 - currently reads: Conditional Use Permit - Michael Musten: Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to expand a garage on Rush Lake (Sec. 5, Twp. 135, R. 39, Rush Lake Township, Lake No. 56-243) with conditions as recommended by the Planning Commission. i '■JAN iO 2000 instead of “expand a garage”, should read “relocate a swale and lower an ice ridge”..istatutory Meeting - Call to Order w Pursuant to Minnesota Statute, the Otter Tail County Board of CommiBioners convened Tuesday, January 4, 2000 at 9:32 a.m. at the Otter Tail County Courthouse with Commissioners Syd Nelson, Malcolm Lee, Roger Froemming, and Virginia Portmann present. a Page 6 - currently reads: Conditional Use Permit - Donald & Suzanne Tirk: Land & Resource Director, Bill Kalar, noted that this Conditional Use Permit request is to keep a retaining wall built beyond the zoning setback distance. Donald Tirk spoke on behalf of the application request, Mr. Tirk explained that he built the wall; however, didn't know that he needed a permit other than the site permit to build the wall. An after-the-fact permit fee was assessed. Mr. Tirk requested a compromise proposal that wold help to accommodate their disabled daughter. Discussion followed. Builder, Steve Christianson spoke on behalf of the applicant and requested a refund to the applicant of the difference between the regular permit fee and the after-the-fact permit fee. Year 2000 Otter Tail County Board Chair Selected County Board Clerk, Larry Krohn, requested nominations for the year 2000 Otter Tail County Board Chair. Commissioner Virginia Portmann as the Otter Tail County Board Chair for year 2000. Year 2000 Otter Tail County Board Vice-Chair Selected County Board Clerk, Larry Krohn, requested nominations for the year 2000 Otter Tail County Board Vice-Chair. Motion by Portmann, second by Nelson, and unanimously carried to elect Commissioner Roger Froemming as the Otter Tail County Board Vice-Chair for year 2000. Approval of Agenda Commissioner Virginia Portmann assumed the chair and called for approval of the agenda. Motion by Lee, second by Froemming, and unanimously carried to approve the County Board agenda of January 4, 2000 as mailed. Motion by Lee, second by Froemming, and unanimously carried to elect instead of “beyond the zoning setback distance”, should read “within the structure setback distance". Page 6 - currently reads: Conditional Use Permit - “Corner Store”/GreQorv J. Stich & Joanne M. Stich: Motion by Froemming, second by Portmann, and unanimously carried to approve a Conditional Use Permit for a new permit to cover the proposed lot line changes to separate the commercial property from the homeowner properties on Otter Tail Lake (Sec. 32, Twp. 134, R. 40, Amor Township, Lake No, 56-242).Approval of Minutes Motion by Nelson, second by Froemming, and unanimously carried to approve the County Board minutes of December 28, 1999 as mailed.instead of “for a new permit to cover the proposed lot line changes to separate the commercial property from the homeowner properties", should read "to allow the existing business to continue on proposed parcel C (separates the commercial property from the residential properties)”.Insurance Policy Renewal 2000 Motion by Lee, second by Froemming, and unanimously carried to authorize payment to Minnesota Counties Insurance Trust in the amount of $238,467.00 for Liability/Property & Casualty and $182,978.00 for Workers Compensation renewal policies. Motion by Nelson, second by Froemming to approve the above requested clarifications/changes to the December 14, 1999 minutes. Discussion took place regarding Michael Musten’s CUP and the clarification requested relative to reducing the ice ridge. Land & Resource Director, Bill Kalar, explained that this CUP is for relocating a swale and lowering an ice ridge approximately one foot which was approved by the Planning Commission with the condition to follow the engineer’s plan. The applicant’s original request was to reduce the ice ridge more than one foot. Chair Portmann called for a vote. Motion carried with Lee opposed. Approval to Pay Annual Appropriations Motion by Froemming, second by Nelson, and unanimously carried to authorize payment of the following 2000 annual appropriations: $ 5,000. $12,000. $12,000. $15,212. Otter Tail Country Tourism Association West Otter Tail Fair Association East Otter Tail Fair Association West Central MN Initiative Fund Approval of Tobacco Licenses Motion by Nelson, second by Lee, and unanimously carried to approve the following applications for license: American Legion Post No. 489 Underwood Legion - George Bergem Post 489 Undenwood, MN (Carol M. Barbknecht) Tobacco Request for Corrections - December 14,1999 Minutes The following corrections were requested by the Land & Resource Director: Otter Tail County Board of Commissioners December 14, 1999 Page 5 ' Call to Order ^he Otter Tail County Board of Commissioners convened Tuesday, December 14, 1999 at 10:50 a.m. at the Otter Tail County Courthouse with Commissioners Sydney Nelson, Chair; Virginia Portmann, Malcolm Lee, and Roger Froemming present. Approval of Agenda Motion by Lee, second by Froemming, and unanimously carried to approve the County Board agenda of December 14, 1999 with the following additions: Capital Improvement Committee Personnel Committee Meeting Petition for Phelps Mill Bridge Closed Session Chief Deputy, Mark Morris at 2:05 p.m. - Request for Approval of Computer Purchase Lakes Country Service Cooperative Approval of Minutes Motion by Portmann, second by Lee, and unanimously carried to approve the County Board minutes of December 2, 1999 as mailed. Extension Update Extension Educator, Angela Berge, presented information regarding a “Positive Parenting for Teens” educational program she will be teaching. She also presented a Minnesota Gardening Calendar and a 4-H book that are for sale at Extension offices. Planning Commission Recommendations Preliminary Plat & CUP - “Norge Estates’VPaul & Dianne Beckman: Motion by Portmann, second by Froemming, and unanimously carried to approve the Preliminary Plat of “Norge Estates” consisting of 14 residential lots on Nonway Lake (Sec. 20, Twp. 133, R. 41, Sverdrup Township, Lake No. 56-569) and a Conditional Use Permit to construct 2,400 feet of road to service the plat. The approval is subject to conditions as recommended by the Planning Commission. Preliminary Plat & CUP - “Rick’s Lazy Eighty Estates’VRickv Noraren: Motion by Lee, second by Portmann, and unanimously carried to approve the Preliminary Plat of “Rick’s Lazy Eighty Estates” consisting of 8 residential lots on Long Lake (Sec. 21, Twp. 132, R. 41, Tordenskjold Township, Lake No. 56-428) and a Conditional Use Permit to construct a road to service the plat with conditions as recommended by the Planning Commission. Conditional Use Permit - Chhs, Kim & Trade Holland: Motion by Lee, second by Portmann, and unanimously carried to deny a Conditional Use Permit to reshape a bank on Lake Lida (Sec. 14, Twp. 136, R. 42, Lida Township, Lake No. 56-747) as recommended by the Planning Commission. Conditional Use Permit - Michael Muston:. Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional Use permit to e»«paod-a-gHmge-on Rush Lake (Sec. 5, Twp. 135, R. 39, Rush Lake Township, Lake No. 56-243) with conditions as recommended by the Planning Commission.