HomeMy WebLinkAbout55000990822000_Conditional Use Permits_01-13-1999Conditional Use Permit CUP^^7?
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NOTE: This card shall be placed in a conspicous place not more than 4 feet above grade on the praises on which work is
f to be done, and shall be maintained there until completion of such work. NOTIFY DEPARTMENT OF LAND AND RESOURCE
MANAGEMENT, TELEPHONE (218) 739-2271 WHEN AUTHORIZED WORK HAS BEEN COMPLETED.
OTTER TAIL COUNTY, MINNESOTA
Board of County Commissioners
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ADMINISmATOR, Land and Resource Management
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sr1. Earthmoving shall be done between
2. Entire area shall be stabilized within 10 days of the completion bf 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 w thout 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.
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MKL-0574-046 236,582 ~ Victor Lundeen Co., Printers, Fergus Falls. Minn^ota
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Office of County Recorder
County of Otter Tail
I Iwefty canjfy that vwtwn insirunwit was filed
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE
received
SEP 3 0 1398
land RESOURCE.
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS. MN 56537
(218) 739 -2271
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COMPLETE THIS APPLICATION IN BLACK INK ***
Application Fee
Receipt Number /
Si 70/-?.i',
-g t^<g. a;DAYTIME PHONEPROPERTY OWNER
ADDRESS If 69 2 (o ^
LAKE NAME a (K C.
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LAKE CLASS ffPLAKE NUMBER
TOWNSHIP / J) ^ RANGE TOWNSHIP NAME
FIRE NUMBER OR LAKE I.D. NUMBER P Jl S~t) ____________________________________
23 5,22SECTIONO dL AM
777 /v. O a/ ( i ^ /LEGAL DESCRIPTION /n
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EXPLAIN YOUR REQUEST
J ><2- /d// p^ S fo occf^ ^ 2^
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I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
RESOURCE MANAGEMENT REGARDING THIS MATTER.CONTiOfC
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9-?7Tof7;SIGNAT^I
E OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
IlfAJ 13-/1Accepted By Land & Resource
L & R Official/Date
MlDate Of Planning Commission Hearing Time
Planning Commission Motion
JANUARY 13, 1999
Motion: A motion by Estes, second by Boyer to approve the
request provided the fill (must be clean washed fill
material) be no higher than the existing ice ridge and that
it tapers from the ice ridge landward. A representative
from Land & Resource is to be onsite prior to starting the
project to set bench marks and also to approve the
stabilization plan.
Chairman/Otter Tail County Planning Commission
County Board Action
\/^Approved As Recommended
Denied As Recommended
Other
^ixiniChaiFman/>Otter Tail County 6oard of Commissioners Date fflf Final Action
& R Official/Date
CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)No
Copy of Application Mailed to Applicant And MN DNR
L & R Official/Date
bk 0797-006
287.384 • ViciO( Londeen Co . Pfintefs • Fergus Falls, Minnesota
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otter Tail County Board of Commissioners
January 19, 1999
Page 3
Planning Commission Recommendations
Conditional Use Permit - Jefferrv L. Gaudette:
Motion by Portmann, second by Froemming, and unanimously carried to approve a Conditional
Use Permit to use a 40’ x 100’ building for an EDM shop on Buchanan Lake (Sec. 2, Twp, 134N,
R. 39W, Hawes Beach Lot 1, Otter Tail Twp, 56-209) with conditions as recommended by the
Planning Commission.
Preliminary Plat - “Old Town Acres’VJohn H. Walsh:
Land & Resource Director, Bill Kalar, presented a map showing one lot that will be divided into two
lots and explained that during the Planning Commission’s discussion regarding this plat, a question
pertaining to lot width arose. Discussion followed regarding substandard lots, etc.
Motion by Lindquist, second by Lee, and unanimously carried to approve the Preliminary Plat of
John H. Walsh known as “Old Town Acres” (Sec. 12, Clitherall Twp, 56-238) subject to conditions
as recommended by the Planning Commission.
Conditional Use Permit - Steven Freiie:
Motion by Lee, second by Lindquist, and unanimously carried to approve a Conditional Use Permit
to fill in a man-made slough to provide lake access on Tamarac Lake (Sec. 23, Twp. 137, R. 43,
Scambler Township, 56-931) with conditions as recommended by the Planning Commission.
Mr. Kalar noted that under the Wetland Conservation Act, this area is not considered a wetland
because it was not created for wetland purposes.
Preliminary Plat and Conditional Use Permit - “Christianson’s Sunlight Beach Estates:
The Land & Resource Director explained that this is a preliminary plat for 3 lakeshore lots. Initially
the proposed driveway was not designed to meet county specifications and be dedicated to the
public, therefore, the plat was re-done to include the public road. In the new drawing, lot 5 would
be connected to lot 3 and attached permanently. Owner and developer, Kevin Christianson,
requested that a bond of credit be posted so he could start building before the road is completed.
Discussion followed.
Motion by Lee, second by Portmann, and unanimously carried to approve the preliminary plat of
Concordia College Corporation known as “Christianson’s Sunlight Beach Estates” (Sec. 3, Twp.
137, R. 42, Dunn Township, 56-786) and a Conditional Use Permit to build a road to service the
plat subject to conditions as recommended by the Planning Commission and with the following
conditions: 1) post a $55,000 cash bond in lieu of completing the road prior to submittal of final
plat and 2) stipulation/condition that lot 5 is permanently attached to lot 3 on the revised
preliminary plat submitted on January 19, 1999.
Conditional Use Permit - Duane & Marion Donlev/Larrv Stoller:
Motion by Lindquist, second by Portmann, and unanimously carried to uphold the denial of the
Planning Commission fora Conditional Use Permit request of Duane & Marion Donley/Larry Stoller
on Lake Alice (Sec. 25/36, Twp, 135, R. 40, Dead Lake Twp, 56-244).
Conditional Use Permit - Young Life Campaign:
Motion by Lee, second by Portmann, and unanimously carried to approve a Conditional Use
Permit for Young Life Campaign to add building(s) on Pelican Lake (Sec. 2 & 3, Twp. 137, R. 42,
Dunn Township, 56-786) with conditions as recommended by the Planning Commission.
Planning Commission
January 13, 1999
Page 2
^'Old Town Acres"/John H. Walsh - Approved With A Condition:
A Preliminary Plat of "Old Town Acres", consisting of 2
residential lots and 1 block. The property is described as Pt of
Sublots A,B,C,D,E,F,G & H of Section 12 in Clitherall Township;
Clitherall Lake (56-238), RD.
Clem Hendrickson (Surveyor) represented the Application.
A motion by Olson, second by Estes to approve asMotion:
presented, subject to the Applicant applying for and receiving the
required variances regarding the width of the lots.
Voting: All members in favor.
Steven Freije - Approved With Conditions:
A Conditional Use Permit Application to fill in a man-made slough
to provide lake access and beach. This slough is not connected to
the lake. Only other potential beach development would involve a
great destruction of plant life as well as aquatic plant and
animal life. (Area is approx. 2,942 sq. ft. with maximum depth of
fill being approx. 2W .) The property is described as Lot 1 Oak
Haven Beach, Section 23, Scambler Township; Tamarac Lake (56-931)
RD.
Steve Freije represented the Application.
Motion: A motion by Estes, second by Boyer to approve the request
provided the fill (must be clean washed fill material) be no
higher than the existing ice ridge and that it tapers from the ice
ridge landward. A representative from Land & Resource is to be
onsite prior to starting the project to set bench marks and also
to approve the stabilization plan.
Voting: All members in favor.
"Christianson's Sunlight Beach Estates"
Concordia College Co2:p. - Approved With Conditions:
A Preliminary Plat of "Christianson's Sunlight Beach Estates"
consisting of 4 residential lots and 1 block; a Conditional Use
Application to construct a driveway to service 3 lakeshore lots.
We intend for the road to be private (a 50' easement road having
approximately 24' drivable top(bituminous) with 1' deep ditches
where necessary).
Sunlight Hills, & Pt Gov Lot 4, Section 3 of Dunn Township;
Pelican Lake (56-786), GD.
The property is described as Lots 7-11 of
Kevin Christianson represented the Application.
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT: Steven Freije
3108 26^^ Ave. South
Fargo, ND 58103
HEARING DATE/LOCATION: January 13, 1999, at
Commissioner's Room
Otter Tail County Courthouse
Fergus Falls, MN
7:00 P.M
56537
PROJECT DESCRIPTION (AS STATED ON THE APPLICATION) :A Conditional
Use Permit Application to fill in a man-made slough to provide lake
access and beach.This slough is not connected to the lake,
other potential beach development would involve a great destruction
of plant life as well as aquatic plant and animal life. (Area is
approx. 2,942 sq.ft, with maximum depth of fill being approx. 2H')
Only
LAKE NAME/NUMBER/CLASS: Tamarac Lake (56-931) RD
FIRE NUMBER: P2500
LEGAL DESCRIPTION: Lot 1 Blk 2 Oak Haven Beach, Section 23, Scambler
Township
The above Applicant has made Application to the Otter Tail County
Planning Commission for a Conditional Use Permit as per the
requirements of the Shoreland Management Ordinance of Otter Tail
County. Details of the Application are available for viewing at the
Land & Resource Management Office, Courthouse, Fergus Falls, MN
56537. Any comments regarding this request may be expressed at the
Hearing or forwarded to the Land & Resource Management Office.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND
& RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
Bob Schwartz December 23, 1998
Chairman Plgjnning Commission/-j^. J>., ' ""Mailing Date
7
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT: Steven Freije
3108 26*^*^ Ave. South
Fargo, ND 58103
HEARING DATE/LOCATION: January 13, 1999, at
Commissioner's Room
Otter Tail County Courthouse
Fergus Falls, MN
7:00 P.M.
56537
PROJECT DESCRIPTION (AS STATED ON THE APPLICATION) : A Conditional
Use Permit Application to fill in a man-made slough to provide lake
access and beach. This slough is not connected to the lake. Only
other potential beach development would involve a great destruction
of plant life as well as aquatic plant and animal life. (Area is
approx. 2,942 sq.ft, with maximum depth of fill being approx. 2W )
LAKE NAME/NUMBER/CLASS: Tamarac Lake (56-931) RD
FIRE NUMBER: P2500
LEGAL DESCRIPTION: Lot 1
Township
Oak Haven Beach, Section 23, Scambler
The above Applicant has made Application to the Otter Tail County
Planning Commission for a Conditional Use Permit as per the
requirements of the Shoreland Management Ordinance of Otter Tail
County. Details of the Application are available for viewing at the
Land & Resource Management Office, Courthouse, Fergus Falls, MN
56537. Any comments regarding this request may be expressed at the
Hearing or forwarded to the Land & Resource Management Office.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND
& RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
Bob Schwartz December 23, 1998
Chairman Planning Commission Mailing Date
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537
)STATE OF MINNESOTA
)ss
COUNTY OF OTTER TAIL )
I, Marsha Bowman, duly appointed and Acting Secretary of the
Otter Tail County Planning Commission' for Otter
Minnesota, do hereby certify that on the
1998,
the following:
Tail County,
day of [19 0
the attached Notice of Hearing and was duly served upon
5-/we rr r <2^^•'t.
County Sheriff
County Highway Engineer
Courthouse
Otter Tail COLA, John Matteson, R#2 Box 40W, Battle Lake, MN 56515
MPCA, 116 E Front St., Detroit Lakes, MN 56537
Terry Lejcher, DNR, Div. of Waters, 1221 E Fir Ave, Fergus Falls, MN 56537
Arlin Schalekamp, DNR, Div.of Fisheries, .1221 E Fir Ave, Fergus Falls, MN 56537
Doug Wells, DNR, Div. of Wildlife, 1221 E Fir Ave, Fergus Falls, MN 56537’’
>
Planning Commission Members,
the attached sheet..
ship Cl-i Lake Assogiation and those listed onI,
• /
by placing a true and correct copy thereof in a sealed
envelope, postage prepaid, and by depositing them in the U.S.
Mail at Fergus Falls, MN, properly addressed to each of the,
above named at the addresses shown above.
Secretary
(7 - total)
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m.s Exemption 5. Incidental wetlands.
A replacement plan for wetlands is not required for activities in a wetland created
solely as a result of
A. beaver dam construction;
B. blockage of culverts through roadways maintained by a public or private
entity;
C. actions by public or private entities that were taken for a purpose other
than creating the wetland; or
D. any combination of items A to C.
Wetland areas created by beaver activities may be drained by removing those
materials placed by beaver. Drainage is permitted by removing or moving
materials blocking installed roadway culverts and drainage structures. Additional
excavation or removal of other materials is not permitted unless it can be shown by
aerial photographs that the proposed activity will not drain or fill wetland that was
there before the beaver dam was built or before the culvert became
plugged. Wetlands may be drained or filled if the landowner can show that the
wetland was created solely by actions, the purpose of which was not to create the
wetland.
Impoundments or excavations constructed in nonwetlands solely for the
purpose of effluent treatment, storm water retention, soil and water conservation
practices, and water quality improvements, and not as part of a compensatory
wetland mitigation process that may, over time, take on wetland characteristics,
are also exempt.
B.6 Exemption 6. Utilities; public works.
A replacement plan for wetlands is not required for:
A. placement, maintenance, repair, enhancement, or replacement of utility or
utility-type service if
(1) the impacts of the proposed project on the hydrologic and biological
characteristics of the wetland have been avoided and minimized to the extent
possible; and
(2) the proposed project significantly modifies or alters less than one-half
acre of wetlands;
B. activities associated with routine maintenance of utility and pipeline
rights-of-way, provided the activities do not result in additional intrusion into the
wetland;
Part n - Exemption User’s Guide
WCA Administration
April 1997
11-14
■ - s
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
ARMY CORPS OF ENGINEERS CENTRE
190 FIFTH STREET EAST
ST. PAUL. MN 55101-1638
■ ;;
REPLY TO
ATTENTION OF October 28, 1998
Construction-Operations
Regulatory (99-00131-NW-LAG)
Mr. Steven A. Freije
3108
Fargo, North Dakota 58103
26th Avenue So.
Dear Mr. Freije:
We have reviewed information about your project to fill
2,940 square feet of wetlands adjacent to Tamarac Lake,
project site is in Sec. 23, T. 137N., R. 43W., Otter Tail County,
Minnesota.
The
This work is authorized by the Department of the Army
nationwide permit referenced below and described in the
enclosures, provided the enclosed conditions are followed.
This determination covers only your project as described
If the design, location, or purpose of the project isabove.
changed, you should contact us to make sure the work would not
result in a violation of Federal law.
This verification of a nationwide permit is valid for two
years from the date of this letter unless the nationwide permit
is modified, reissued, or revoked. It is your responsibility to
remain informed of changes to the nationwide permit program. A
public notice announcing any changes will be issued if and when
they occur. If these activities are not undertaken within the
two year period, or the project specifications have changed, you
must immediately notify this office to determine the need for
further approval or reverification.
It is your responsibility to ensure that the work complies
with the terms of this letter and the enclosures, AND THAT YOU
OBTAIN ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE
YOU PROCEED WITH THE WORK.
0 Recycled PaperPrinted on
^5
DNR WATERS
1221 FIR AVENUE EAST
FERGUS FALLS, MN 56537
218-739-7576
September 30, 1998
Minnesota Department of Natural Resources
-O (/)LUo
RECEIVED
OCT 2 1998
LAND RESOURCESteven A. Freije
3108 26“’ Avenue South
Fargo, ND 58103
Dear Mr. Freije:
PROJECT NOTIFICATION, DNR PROTECTED WATERS PERMIT REQUIREMENTS, OTTER TAIL COUNTY
The Department of Natural Resources (DNR) is in receipt of your project notification form for filling on your property
located in Section 23 of Scambler Township, Otter Tail County. Based on my review of the information you sent me, I have
determined the following:
The project does not require a DNR Protected Waters Permit as no protected waters are involved. Please
be advised that you must obtain all required authorizations (local, state and federal) before beginning work.
S
A DNR Protected Waters Permit application is required. Complete the enclosed application form and mail
it to the DNR Regional Office in Bemidji at 2115 Birchmont Beach Road NE, Bemidji, MN 56601. Be sure
to enclose the correct application fee. No permit can be processed until all application fees have been paid.
□
Please be advised that any work in DNR protected waters or wetlands without a permit is a misdemeanor and is punishable
by fines up to $700 and/or 90 days in jail.
Thank you for your cooperation. If you have any questions, please contact me at 1221 Fir Avenue East, Fergus Falls, MN
56537 or by telephone at 218-739-7576.
Sincerely,
DIVISION OF WATERS
Terrence R. Lejcher
Area Hydrologist
TRL/lb
Region I Waters
USCOE
Otter Tail County Zoning
West Otter Tail County SWCD
c:
DNR Information: 612-296-6157, 1-800-766-6000 • TTY: 612-296-5484, 1-800-657-3929
Primed on Recycled Paper Comalning u
Minimum of I09£ Posl-Consumer Waste
An Equal Opportunity Employer
Who Values Diversity
Dear Sirs;
We are submitting this application to till in a slough on our property P2500.
The slough was man-made bv a fellow who used it as a parking place for his
water plane. As I understand the agreement, he had a lifetime permit for main-
lainance of this slough. The owners we bought this lot from began to developing
this area but did not have the appropriate permits to do so. We bought this land
a vear ago as a wilderness area in which we plan future development upon retire
ment in approximately 15 to 20 years. Upon buying this lot, I contacted the wild
life and DNR agents to see what can be done with this slough. 1 found out that
since this is not connected to the lake it was not a concern of the DNR; therefore,
we turned our attention to the wetlands department who said it would be difficult to
fill in due to the enviromental impact on wetlands. Our discussion then turned to
the fact that there is approximately 400ft of beach front on this lot of which this
is the only area reasonable for developing a beach considering the majority
of the lake frontage is w^land. Our alternative site for a beach would involve
cutting quite a few trees and the dock placement would disturb quite a little
aquatic plant and animal life. The discussion went on to consideration of main
taining the opening to the lake. As I understood the agents, if the opening to the
lake would have been maintained, the DNR would have been anxious to have us
till this slough in to prevent noxious weeds from entering the lake; however,
at this point the DNR will not allow us to reestablish an isthmus. The situation
is abit of a catch 22.
Our ovCTall intartion is to maintain the area in the most natural state possible
within reason to develope a future retirement home. 1 feel it would be most
conservative to allow us to fill in the slough rather than to disturb anymore
iakeshore. Please consider our application for 1 feel this is the best solution
for all concerned on this property.
RECBVtO
8
vamo ntsou
Sincerdv,
/
DtCj
Stev«i Freii
RECEIVED
SEP 5 0 1998
LAND RESOURCE
GRID PLOT PLAN feet SKETCHING FORMI__grid(s) equals__^Scale:feet, or inch(es) equals
, 19 989-7 7Dated:
Signature
Please sketch your lot indicating setbacks from road riaht-of-wav. lake, sidevard and s field for each building currently on lot and any proposed structures. / ^0 ^
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tic tank and drain-
dec 9C-,
RECEIVED
SEP 3 0 1998
UNO RESOURCE -
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281.949 • Victor Luodeen Co, Primers • Fergus Falls MN • 1-800-346-4870
ACKNOWLEDGEMENT
I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE
OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING
COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT
BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL
USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS
A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY
TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60
DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.I
UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60
DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT
TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO
WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR
THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT
TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY
APPLICATION.RECEIVED
D£C 9 1998
LAflD HESOURCh/; -V- 7 f
ApplicantDATED
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH
FORMLTRS/6 ODAYACK
..................
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