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HomeMy WebLinkAbout55000990293000_Conditional Use Permits_12-08-1999et;Vi 1 1 JCJtV l/\iJL V.ViUi'N 1 1 Conditional Use Permit # nOZ.&^^nuLdL> IZlaAj________ PlLmmJ ^ ihn^ SL'S^iX ___ ____Twp, Range Twp. Name ^hiu^]fbunL^) /lAAlCUnO L /hldjitUio if Ojk/lJfJlMud Pk ^iXL /?- d4nry\ jf)^ / . . . Work Authorized: omAiuJ, >td^uaUj ri/LtLdj >4161 Bdcn - dj/Qj npn/JuyiU iH ri/vi/i />pjm/)tA, t4Anj/u/nJji. i ■ad) I '?/w/»Owner’s Name > Address Location; LakeNo. Sec. D! ^ /yr'^ ^ Jmk. V/ \T^ } ^ -^. * <5W_ j00 Expires: ^0 ) 1. Earthmoving shall be done between ^^p)uJL> _______. 2. Entire area shaii 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. Issued: Land and Resource Management Official BK-1099-046 298,111 • Victor Lundetn Co.. Printer* ■ Fergus Fails. MN • 1-BOO*346-4870 Urgent p WhUe You Were Out -o/ Datfe ^~/^M Time M Of Phone EXTENSIONAREACODENUM^R Telephoned Qf Came To See You f I Returned Your Call Wants To See You I I Please Call' Qj Will Call Again Q Messagg-) ^_______________ Signed ADAMS BUSINESS FORMS9711mA Richard West, P.E. County Engineer Phone 218-739^-2271 Fax 218-739-1070 OTTER TAIL COUNTY HIGHWA Y DEPARTMENT 419 S. Court Street, Fergus Falls, MN 56537 December 8, 1999 Mr. Bill Kalar, Director Land and Resource Management Office Otter Tail County Courthouse Fergus Falls^ ^LN 56537 RE: Conditional Use Permit Application - Donald and Suzanne Tirk Dear Bill: 1 am not in support of allowing the present retaining wall to remain in-place for reasons of public safety. The wall located on the South right of way line of CSAH No. 20 at the intersection of CSAH No. 9 & 20. The wall is situated at the "top" of this T-interse(.tion and will provide an unsafe situation in the form of a vertical wall for any Southbound traffic on CSAH No. 9 to impact if they fail to stop for the intersection of CSAH No. 20. If you have any questions or require additional 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:mk cc: File AN EQUAL OPPORTUNITY/AFFIRMA TIVE ACTION EMPLOYER Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone; (2^8) 739-227^ Court House FERGUS FALLS, MINNESOTA 56537 July 31, 2000 Donald 85 Suzanne Tirk RR 4 Box 270 Pelican Rapids MN 56572 RE: Retaining Wall, Pelican Lake (56-786) Dear Mr. 8e Ms. Tirk, On July 14. 2000, I conducted' an onsite inspection of-your property (Lot 1 Erickson’s Addn. and Pt. Res. Lot A King’s Addn. To Glearview) in order to determine, if your retaining wall had been brought into compliance with the provisions of ConditionaTUse Permi.t,#v5782. Please be advised that from this inspection and a subsequent discussion with Rick West (JEJighway Engineer),_yrjur modified retainirrg: wall is acceptable to Otter Tail County. If you have any questions regarding this matter, please contact our office. Sincerely, Bill Kalar Administrator Rick West Highway Engineer Cc: Charles Krekelberg 10 N Broadway Pelican Rapids MN 56572 Richard fVesi, P.E. Co.unty Engineer Phone 2J8-739^2271 Fax 218-739-1070 OTTER TAIL COUNTY HIGHWA Y DEPARTMENT 419 S. Court Street, Fergus Falls, MN 56537 January 12,2000 Bill Kalar, Director Land and Resource Management County Courthouse Fergus Falls, MN 56537 RE: Don Tirk Property - Retaining Wall along CSAH No. 20 Dear Bill: I have reviewed the retaining wall proposal which shows a stepped configuration. The stepped configuration will provide approximately a 2:1 slope. While this proposal is an improvement, it still represents an obstruction within the 20 foot Right of Way setback requirement and will provide an obstacle if CSAH No. 9 Southbound vehicles should fail to stop for the intersection of CSAH No. 20 If you have any questions or require additional 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: mk cc: File AN EQUAL OPPORTUNITY/AFFIRMA FIVE ACTION EMPLOYER 864127..OFFICE OF/CGUNTY RECORDER OTTER TAIL MINNESOTAI I hereby certify that . this instrurfient # : was filed/recorded in this office ■ for record on the day of 2000 at 9-dS(am?^m : Wendy L. Metcalf, County Recorder by: r JL 1fecording fee ^ __________well certificate 864127 .toptrty^ 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 *** i-^isb ltk*m Application Fee Receipt Number( RANGE PROPERTY OWNER DAYTIME PHONE ADDRESS ^1/ “Oi/i}LAKE NUMBER LAKE NAME LAKE CLASS !d1 M3./SECTION TOWNSHIP TOWNSHIP NAME PARCEL NUMBER .FIRBLAKE I.D. NUIMBER. __________. ~rr _:cJ: ^ LEGAL DESCRIPTION / ReSiuesJ /aL/ L>S ^tTi3/^ak' Vi'oTB/^ee As 5/)>ou/a/ OaJ 7~fie A-TTh&H-es) EXPLAIN YOUR REQUEST T>/e ^ M I A/aH "^Ohi iiJ(e )vFd) L>es7 hPP^&RAl >A/ Ace^fs 'F2> (^£^7T/9^^ 3Aft I79e OoiT Ur AoR Oor 3s\,sreL)/ ^ly'^O^j'pL^r^u /hP^iRho DAd>6MTB.R, Vfiis Tfdis. AUr^p yv rAS ATT?9^a&^ U^TT^/?, WE Lor pf^R- ws Ah\0 A^ad/3/5 ! :■ 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 CONTAtSt LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. //-// -o' SIGNATURE OF PROPERTY OWNER DATE.A APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK4)29»«)6 294.913 • Victor Lundeen Co.. Printer • Fergus Falls. Minnesota L & R Official/DateAccepted By Land & Resource vlkcDate Of Planning Commission Hearing Time Planning Commission Motion Decembers, 1999 Motion: A motion by Sha, second by Estes to deny for the following reasons; 1. This project would not have been approved had it been considered prior to construction, an alternative solution would have been sought. 2. It appears that there may be other reasonable accommodations/alternativeoptions to accommodate the needs. 3. Public safety concerns referenced in the letter from Rick West, Otter Tail County Engineer, appear to be valid. January 12, 2000 Motion: A motion by Trites, second by Estes, to table the reconsideration to allow the County Highway Engineer and an ADA Architect time to examine the total project for suitable alternatives. May 10. 2000 Motion: A motion by Maske, second by Schwartz to approve the plan designed by Prairie Design Studio, dated April 5, 2000. Reason is the plan is designed by an ADA / Architect and the County Engineer has approved the plan. Cl^airman/Otter Tail County Plartning Commission OS'/C.-^coo- prvfiJl ^ 4k. Cx*f—5-e2cco o>'^ necorvvvxe-vJ'ftflL bi^ Co/VNrvJSSlOA. County Board Action Cp'H'^'wL^Og-* Approved As Recommended Denied As Recommended Other --------- Chayrrlan/Otter lja\Wdu CJ ^ nty Board of Commissioners Date of Final Action nS~lL-<3cao (y 7Afl CONDITIONAL USE PERMIT # 61^9^ L & R Official/Date Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No L & R Official/Date Copy of Application Mailed to Applicant And MN DNR From;Kim Stokes To: Rick West Date: 4/28/2000 Time: 2:19:40 PM Page 1 of 2 /facsimile cover page jo-. Sent: Subject: Rick West 4/28/2000 at 2:19:20 PM From : Kim Stokes Pages : 2 (including Cover) Rick, Revised the plan as to our discussion. Left a message for Bill Kaler from land and resources to call. Any question please call at 701 282 2850. Print Key Output Page 14:18:10105/23/00OTTER5769SS1 V4R4M0 990521 Display Device . . . . . User............................... . . TC906D 10 T56 ACS Tax System Bill’, No. Parcel No.'R 35446 R 55000990293000 2000- Tax CodesTwn/Sch 0055 Spec Dist Useir'.Codes TIP DistrictAddress PAS RECORD QPADEV0065MSAMUELS Inquiry Taxpayer/Legal InfoNameDONALD K & SUZANNE E TIRK RAVENSDALE WA 98051 0 .r District Code 5503 0548 227 Taxpayer DONALD K & SUZANNE E TIRK PO BOX 64RAVENSDALE WA 98051-0064 101854 Property Alternate Legal DescriptionSect/Twn/Range. 01 137 043, Plat 00490 ERICKSON'S ADDN' Lot/Block ♦LOT 1 PARCELS #293 & 282-001 NOT TO BE SPLIT Escrow Other , SUZANNE E TIRK101855 OWNER More-Addresses? Y . Mod? • Action?More Legal? N ' A=CSM B=ASM C=DQ D=NAL E=TR,.F=SP P=PA S=GS U=CAMA //■ •c 7 f , : : ■’i- Print Key Output Page 1 05/23/00 14:20:045769SS1 V4R4M0 990521 OTTER Display Device User . . .QPADEV0065MSAMUELS InquiryAdditional Legal LinesTC906D 30 T56 ACS Tax System Bill No. Parcel No. R 35435 R 55000990282001 2000 NameDONALD K & SUZANNE E TIRK 0 *PT RES- A COM NE COR LOT 1 ERICKSONS ADDN S 2.14 R/W HWY & PT OF BG,NE 86.98 ' , NW 54.83 *PARCELS' #282-001 & 293 NOT TO BE SPLIT Book/Page/•TO SLY S 82.83 TO BG I I t ; Action? 1 ; r f •V. ’ • V. .' ty, ... I ' -.(Li . . I f » pelican lake EL 66'- O CHIMhEY BASE BENCH MARK EL. lOO'-O ' EXISTINS // EXISTINS COTTASE ROOF EDSE r" QWALL LINE EXISTINS li £ siliaLakLLiiii'i’a'-ia"! j nSEKCR. NBN FELL HOLDINS TANKEXISTINS P. EL <15'-T 1/2p[; -To'\----- RELOCATE EXISTINS ELECTRICAL BOX NOV 3 1995 EL <14'-6 1/4V /s'/.we. iy / Ac/t «3 ^ o lUUiJ ,SCHEME 2H. «!4 -^ 1/4h<t-------CSA.H #20 It------: C.SA>.H\ MCGRATH COJr/\e> PELICAN LAKE y>>'■s. %SITE PLAN\PUFFNEY ARPHITECTi5c*Le,<?-r “1I •-j #of ► yPost-it® Fax Note 7671 pages From)” . r /COat^tJe. J Te. /a) Co./Dept.Co. Phone #Phone # Fax Fax #|»v/ . - ‘y/62. » 56'-^' PORCH DININS ROOM X B* / LMN6 ROOM S. M^'X l4«-d Tniw^ce sv7-KITCHO)_i APPROXIMATE AREAS IN SO. FT.!nSTO. SITE AREA 622T SET BAO< AREA iseo EXTRA SCREEN AREA 516CLO. T-* X 9f-»BUILPIN6 AREASMECH, BATH FIRST FLOOR PORCH SECOND FLOOR 1315 ENTRANCE 3S5 11^ LOFT 340 BED ROOM0 TOTAL 3645 14' X 14' 6ARAOE 400 tr MCeRATH COTTAeE PELICAN LAKE PUFFNEY ARCHITECTURE DETROIT LAKES, MN FIRST FLOOR PLAN 6*O' 2’ 4'SCALEt !-----I 2 -'t.■7-'.VI I mm ^ ^ •'lSr.-j^r'^ ■• X- opm r X4MO \ \r •\^1OH, f/\ \'/\f*Of^CM ROOFSTOR. 10*-* XB^\mm.-y\ ! /...\A A \'\STORY\rOFT FLOOR PLAN ■\ ■. . '\ \\5irnN& B*X3r \ ... -■ • A' ..'«r- DESKDN \// / \■ 1 ROOFe>, \mm DN/\BA STO.BED ROOM / B* X H*\\ ■ •\ OLO. ** X ll^ SCHEME 2 tv MC(3RATH CC>TTA67E PELICAN LAKE PUFFNEY ARCHITECTURE DETROIT LAKES, MN SECOND FLOOR PLAN O' 2' 4' S'SCALE. -----1('A 3 BBgig . I ; !; Ain:i! iiii*iiiT■ ■ j□mam L?■r-1 ilI 1rr; L. NORTH ELEVATION CROSS SECTION A-A SCHEME 2 BD3y MCGRATH COTTA(3E PELICAN LAKE PUFFNEY ARCHITECTURE DETROIT LAKES, MN SOUTH ELEVATION 4O' T 4'6'SCALE. DUFFINEY ARCHITECTURE 1016 Summit Ave. — Box 661 • Detroit Lakes, MN 56501 Ph.218-847-1851 • Fax 218-847-7203 R. E. Duffney, AlA ;'D CT7IZR TAIL CO. Aw CuOR DEC 4 1995 NS^i^er 1, 1995 FERGUS FALL7.i Ottertail County Board of Adjustment Land and Resource Management Ottertail County Courthouse Fergus Falls, Minnesota 56537 Attention: Wayne Stein Variance Request - McGrath Cottage Lot One, Erickson's Addition Pelican Lake Re: Dear Mr. Stein, Please find enclosed prints of drawings, dated 12/1/95, Sheets 1-4, showing revised preliminary plans for the Mcgrath Cottage. Please note the length of the Cottage has been reduce by 6’-6" and the Cottage has been moved west 4'-0 on the property. The Cottage Porch has also been reduced in width by 4’-0. If you have any additional questions, please contact me. R.E. DuffneyL AIA RED:k enclosures Copy to: Mark A. McGrath DUFFNEY ARCHITECTURE 1016 Summit Ave. — Box 661 • Detroit Lakes, MN 56501 Ph.218-847-1851 • Fox 21 8-847-7203 R. E, Duffney, AIA November 9, 1995 Ottertail County Board of Adjustment Land and Resource Management Ottertail County Courthouse Fergus Falls, Minnesota 56537 Re: Lot One, Erickson's Addition Pelican Lake To Whom This May Concern: Please find enclosed an "Application for Variance" signed by Mr. Terrance McGrath, Owner, along with a check in the amount of $45, fee for this application. The attached drawings. Sheets 1 show the setback requirements, the proposed locations of the well and the sewage holding tank, the proposed needed variance, and the relative location to neighbors, road and lakeshore. 4, In addition, enclosed is a copy of a Warranty Deed which demonstrates ownership for this combined lot. If you have any additional questions, please contact me. R.E. Duff Au iia is £ i f £RED:k enclosures ! NOV 1 3 J995 RESOURCE f !Mark McGrathc : I I ; \ • * >f ; i • ; ; ■; r• I ;i k •»r\ 'iy BACKGROUND AND REASONING FOR CONDITIONAL USE PERMIT REQUEST We have a severely disabled, quadriplegic, and spacially impaired daughter who requires level ground to safely maneuver her electric wheelchair. Because of the close proximity of our cottage to the highway right of way, it became necessary to plan and construct a 34-inch high retaining wall on our property and in the setback zone to contain the soil in order to ensure level ground for her safe access to our cottage and to have the use of our lot. We have a substandard lot. It was necessary to have a variance approved (12-14-95) to allow our cottage to extend north and east beyond the zoning setback distance as shown on the attached plans. It was necessary to infringe on the setback zone to construct a retaining wall. This was on the original plot plan submitted to the Land and Resource Department prior to the building of the cottage, and the builder believed that it was approved. Our builder was confident that he had obtained the required permits from the Office of Land and Resource when he presented the respective building and plot plans. Our builder maintains that a discussion was held concerning the impervious area allowed which included the retaining wall and graveled area shown on the plot and building plans, respectively. He was told that the impervious area allowed was exceeded if we kept the graveled area, and an agreement was reached that required the planting of grass in the proposed gravel areas. The proposed wall contained on the plot plan was shortened in length so that only the needs of our disabled daughter would be accomodated, and the materials used for the construction of the wall were changed from concrete to wood. We request approval of this conditional use permit to keep this retaining wall because of the needs of our disabled daughter. Our builder felt he had the necessary permits based on discussions held with the Office of the Land and Resource Department. Si'll otter Tail County Board of Commissioners January 4. 2000 Page 2 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. instead of "expand a garage”, should read "relocate a swale and lower an ice ridge". MINUTES 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.yANiO 2000 statutory Meeting - Call to Order ^ Pursuant to Minnesota Statute, the Otter Tail County Board of CommSbioners 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. 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. Motion by Lee, second by Froemming, and unanimously carried to elect 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. instead of “beyond the zoning setback distance”, should read “within the structure setback distance". Page 6 - currently reads: Conditional Use Permit - "Corner Store”/Greaorv 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 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. 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)”. 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. 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. 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 Undenvood, MN (Carol M. Barbknecht) Tobacco Request for Corrections - December 14,1999 Minutes ;■ The following corrections were requested by the Land & Resource Director: \k otter Tail County Board of Commissioners December 14, 1999 Page 6 Conditional Use Permit - Paul & Connie Horn: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit to improve the shoreline on Pelican Lake (Sec. 4, Twp. 137, R.42, Dunn Township, Lake No. 56-786) with conditions as recommended by the Planning Commission. Conditional Use Permit - Donald & Suzanne Tirki __ Land & Resource Director, Bill Kalar, noted that this Conditional Use Permit request is to keep a retaining wall built Iseyond tFie zotwig 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 would 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. Motion by Lee, second by Portmann, and unanimously carried to refer this Conditional Use Permit request back to the Planning Commission to consider alternative options and whether or not a refund should be given relative to the after-the-fact fee. Mr. Tirk agreed to waive the 60-day requirement to allow the request to be referred back to the Planning Commission. This property is on Pelican Lake (Sec. 1, Twp. 137, R. 43, Scambler Township, Lake No. 56-786). Builder, Steve Christianson will represent the applicants. Conditional Use Permit - Ronald & Joyce Thompson: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit to operate a cabinet/wood working business in a 2-car garage on Rush Lake (Sec. 34, Twp. 135, R. 39, Rush Lake Township, Lake No. 56-ORC) with conditions as recommended by the Planning Commission. Conditional Use Permit - "Comer Store’YGreaorv J. Stick & 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~liiie U ranges to separate the commercial property from the homeowner properties on^tter Tail Lake (Sec. 32, Twp. 134, R. 40, Amor Ij^ Li^C Motion by Portmann, second by Froemming, and unanimously carried to approve a Conditional Use Permit to build a road as specified on the revised drawing dated 11/19/99 on Long Lake (Sec. 21, Twp. 132N. R. 41W, Tordenskjold Township, Lake No. 56-428) with conditions as recommended by the Planning Commission. Township, Lake No. 56-242). Conditional Use Permit - Alexander C. Purves: Reappointments for Year 2000 Planning Commission Motion by Lee, second by Froemming, and unanimously carried to reappoint David Trites (District 4) and Richard Sha (District 2) to serve on the Otter Tail County Planning Commission effective January 1,2000 for three year terms. Approval of Final Plats Motion by Lee, second by Froemming, and unanimously carried to approve the final plat of “Krueger AdditionVLyle & Beverly Krueger {Sec. 13, Twp. 135N, R.41W, Star Lake Township, Star Lake) as presented. Planning Commission December 8, 1999 Page 4 Break: At 9:05, the Commission took a 10 minute break. Paul & Connie Horn - With A Condition: A Conditional Use Permit Application for shoreline improvements. The improvements propose to remove a major portion of an existing and failing stone retaining wail and restore the shoreline to a more natural condition. The design proposes to install riprap along the portion of existing stone retaining wall intended to remain intact to protect it from any potential ice damage. The remaining shoreline shall have larger boulders (riprap) installed along the water line as well as boulder outcropping complimented with select native plant materials to protect the slope to the shoreline from any potential erosion forces. This design shall create a more natural and visually pleasing shoreline site for all to enjoy. With the implementation of ornamental clump grasses and other native plant materials we are able to provide a transition native in appearance and which blends well with the natural environment. An approximate amount of material (195 cubic yards) of soil is intended to be removed at the sand beach location. This area is designated by pink highlight lines on the drawing (on file at Land & Resource). The property is described as Lots 7, 8 & 9, Killarney Beach, Lots 7, 8 & 9 Minnie H. Barry’s Addition to Killarney Beach; & the Vac Rd Adj to Said Lots 7, 8 & 9 Minnie H. Barry’s Addition to Killarney Beach, Section 4 of Dunn Township; Pelican Lake (56-786), GD. Paul Horn and Mike Lloyd represented the Application. Motion: A motion by Schwartz, second by Boyer to approve as presented, provided a silt fence is installed. Reason for approval; This project will help stabilize the shoreline. Voting: All members in favor. Donald & Suzanne Tirk - Denied As Presented: A Conditional Use Permit Application to allow us to keep the 34 inch high partial retaining wall as built beyond the zoning setback distance as shown on the plot plan (on file at Land & Resource). We request approval in order to ensure safe access to our cottage and safe use of our lot for our severely disabled quadriplegic and spacially impaired daughter. This request is made after the fact for reasons noted in a letter on file at Land & Resource. The property is described as Ericksons Addn Lot 1 & King’s Addn to Clearview Pt Res A Com NE Cor Lot 1... .Section 1 of Scambler Township; Pelican Lake (56-786), GD. Donald R. Tirk and Steve Christianson (contractor) represented the Application. Motion: A motion by Sha, second by Estes to deny for the following reasons: 1. This project would not have been approved had it been considered prior to construction, an alternative solution would have been sought. 2. It appears that there may be other reasonable accommodations/alternative options to accommodate the needs. 3. Public safety concerns referenced in the letter from Rick West, Otter Tail County Engineer, appear to be valid. Voting: All members in favor. RECrsVED MAY - 3 2000KREKELBERG & SKONSENG, P.L.L.P. Attorneys at Law LAND & RESOURCE 10 North Broadway ^ •> P.O. Box 353 Pelican Rapids, MN 56572 Tele: 218-863-6651 FAX: 218-863-6656 Charles A. Krekelberg Jeffrey D. Skonseng*May 2, 2000 * Also licensed in North Dakota 213 South Mill Fergus Falls, MN 56537 Tele: 218-739-4623 FAX: 218-739-0422 W. Earl Williams Richard F. Nitz Retired REPLY TO: Pelican Rapids Land and Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 Attn: Marsha Re: Donald Tirk - Permit No. 16486 Dear Marsha: This is to confirm our telephone call today regarding the above matter. It is my understanding that the Planning Commission will hear this matter on May 10, 2000 at 9:00 p. m. I plan to attend this meeting on behalf of my client. It is further my understanding that you have in your files all of the documents necessary to proceed with this hearing including the latest drawings of Kim Stokes. Thank you. Sincerely, KREKELBERG & SKONSENG, P.L.L.P. Charles A. Krekelberg CAK:rt