Loading...
HomeMy WebLinkAbout25000990749000_Conditional Use Permits_06-24-2004Conditional Use Permits Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/recorded in this office the day of —2004 atT-^} (ai^m 962688 962688 for recdrd on t /W.sUrc^recording fee ^ weii certificate Wei Recorder __Deputy Lit. THE ABOVE SPACE iS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL 121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537 (218)739-2271 COMPLETE THIS APPLICATION IN BLACK INK****** Application Fee ' CK f^t7S7 I373^Z.Receipt Number 0 0^Accepted By / Dat( f S. MdJiAftiTsevPROPERTY OWNER DAYTIME PHONE ?0I (/aion hsr^j.^'fulk^.mhJSL>f,3'~7 sh''X'=n ADDRESS ROOU/JpLAKE NUMBER LAKE NAME LAKE CLASS 5 133 HOSECTION TOWNSHIP PARCEL NUMBER OOC> RANGE TOWNSHIP NAME •37 ^51 E-911 ADDRESS TiM3ei^ Hiul^ RcAV> LEGAL DESCRIPTION Lor 11Lot f ItJT IN Plat AV/VMe: ■- TiMser^L/^e: Be^AoH Life esrfvrE MyibN- F-tHel. klePl-puA-r Key. 0(5?7 CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) ^(l^opographical Alteration (2) Commercial Use (3) Cluster Development (4) Extractive Use (5) Industrial Use (6) Forest Land Conversion (7) Miscellaneous EXPLAIN YOUR REQUEST ;t^t577A/(7 oUBAT^ /L IaJAU<^^ £7^ LB/ey oAJ ^cs^TP/Ocj Ho/ket, T/^sr^5 ‘TO '?C i-io^ (jiTH Hi D^TH d-T 9J ^ TH^ RU Uj(U— Bfc 3H. PfLodST u{t_L- 6(E“ THAh 3c* ‘ JDf SF- TH^ gUApF D«fAJUMier uiu-L. SLofier FR)m TH/tr E^CAOATlofJ oF Affo^\^AjFi:FXA 9.C0 CY kJIAFr /^/FCcceT> gfF S(T^. I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. L-2.V SI6NATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-0600-006 305,909 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 r:,50Date Of Planning commission Hearing ime Planning Commission Motion July 21,2004: Motion: A motion by Sha, second by Estes to deny for the following reasons: 1. The proposal is unclear as to the amount of excavation proposed. 2. There are no provisions for protecting the downstream property owner from surface water run-off. 3. The plans are not clear as to whether there will be an encroachment on the bluff setback. September 8, 2004: Motion: A motion by Sha, second by Estes to deny, the reasons include: 1. The plan does not provide for adequate erosion control during construction. 2. The proposed berm may not control surface water run-off after construction. 3. The plan does not provide any elevations after construction. 4. There are alternatives to meeting the objectives of the proposal. Chairman/Otter Tail County/Planning Commission Gumiiiluijlui'iui MuuIicm ulTutod u mullofi io uund Itilu GUP fuquuut buok lo Ifte Septembers, 2004, Planning Commission meeting. Neighboring property owners expressed concern regarding drainage and total impervious surface. seconded the motion. Chairman Nelson called for County Board Action Approved As RecommerftS@if'\"'°f' Froemming a vote. Motion carried unanimously. Denied As Recommendsz ler /Chairman/Ottei^Tail County Board of Commissioners Date of Final Action CONDITIONAL USE PERMIT #AL'& R Official / Date Permit(s) required from Lartd-&..^source Management Yes (Contact Land & Resource~Management Copy of Application Mailed to Applicant And MN DNR ^ do. No /ML & R Official / Date OTTER TAIL COUNTY PLANNING COMMISSION otter Tail County Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095 September 8, 2004 Meeting of the Otter Tail County Planning Commission was held on September 8, 2004 at 6:30 P.M. in the Commissioner's Room, Government Services Center, Fergus Falls, Minnesota. Roll Call: Members Present: Rod Boyer, Les Estes, Joe Maske, Bert Olson, Robert Schwartz, Richard Sha, David Trites, Rick Wilson and Leona Zimmerman. Member Absent: Frank Lachowitzer. Michelle Eldien represented the County Attorney's Office and Bill Kalar represented the Land & Resource Management Office. Minutes of August 11, 2004: A motion by Estes, second by Schwartz to approve as mailed. Voting: All Members in favor. Brant Klepei & B. Mouritsen - Denied: A Conditional Use Permit Application (as stated by the Applicant): Excavate existing slope to create a walkout lower level on existing home. The area to be excavated is 70’ x 40’ with an average depth of 2’. The finished slope will be 3:1. Project will be more than 30’ from top of the bluff and all drainage will slope away from the lake. Excavation of approximately 200 cy with excess spoils hauled off site. The property is described as Lot 16 & Int in Lot 11 Timberlane Beach Rearrangement Life Estate to David & Ethel Klepei, Section 5 of Everts Township; Round Lake (56-297), RD. Planning Commission Motion To Deny - July 21, 2004: A motion by Sha, second by Estes to deny for the following reasons: 1. The proposal is unclear as to the amount of excavation proposed. 2. There are no provisions for protecting the downstream property owner from surface water run-off. 3. The plans are not clear as to whether there will be an encroachment on the bluff setback. Board of Commissioner’s Motion To Refer Back To Planning Commission - July 27, 2004: A motion to send this CUP reguest back to the September 8, 2004 Planning Commission Meeting was passed. David Klepei & Steve Mouritsen represented the Application. Norma Petchal (neighbor) had guestions regarding the flow (drainage), the time frame to complete project & when (time of year) it will be done. Motion: A motion by Sha, second by Estes to deny, the reasons include: 1. The plan does not provide for adeguate erosion control during construction. 2. The proposed berm may not control surface water run-off after construction. 3. The plan does not provide any elevations after construction. 4. There are alternatives to meeting the objectives of the proposal. Voting: Ail Members in favor, except Olson. OTCo. Board of Commissioners’ Minutes September 14, 2004 Page 3 Planning Commission Recommendations Conditional Use Permit - Brant Klepel & B. Mouritsen: Land & Resource Director, Bill Kalar, reported that this CUP request is an earthmoving project in Section 5 of Everts Township on Round Lake. The Planning Commission recommended denial of the original plan in July. The County Board referred the plan back to the Planning Commission following discussion with the owner/applicant. The Planning Commission discussed a revised plan and recommended denial of the revised plan for the reasons listed in the Planning Commission minutes. Owner, David Klepel, provided copies of the revised plan dated 8-20-04. He stated that he had the drawings completed by an Engineer to address the drainage issues and has spoken with the neighbor several times. He felt he had addressed the issues of concern. Lengthy discussion took place regarding the Planning Commission recommendation and water drainage issues. Motion by Lee, second by Block, and unanimously carried to deny a Conditional Use Permit for this earthmoving project for the reasons stated in the September 8, 2004, Planning Commission minutes and as recommended by the Planning Commission. The property is described as Lot 16 & Int in Lot 11 Timberlane Beach Rearrangement Life Estate to David & Ethel Klepel, Section 5 of Everts Township; Round Lake (56-297). Conditional Use Permit - Sunset Bay Resort/Kevin J. & June M. Kovar: Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to relocate an existing driveway and remodel a cabin with conditions as recommended by the Planning Commission. The property is described as Pt GL 7, Section 28 of Hobart Township; Long Lake (56-388). Preliminary Plat and Conditional Use Permit - “Baileys Beach’/Donald Kersten %Taylor Inv. Corp: Mr. Kalar stated that this Preliminary Plat request on East Lost Lake was considered by the County Board in August and denied because of safety issues with an existing township road that would be servicing increased traffic as a result of the development. Property owner, Harold Smith, submitted a list of concerns that property owners felt have not been addressed regarding the reconstruction of 273'^ Street. Scott Seely, representing Taylor Investment, stated that an agreement has been signed and is on file in the Land & Resource office that Taylor Investment and eight (8) property owners facing the lake will pay for the relocation of 273'''* Street. Delores Smith asked for specifics of how the new road will be paid for and for definition of abandonment of the existing road. Mr. Kalar responded that when a road is abandoned, the road should be obliterated and the area re-vegetated. Mr. Seely stated that is part of the agreement. The County Attorney suggested that Ms. Smith receive a copy of the agreement to pay for the road that is on file in the Land & Resource Office. Harold Smith expressed concern that the road may not be reconstructed correctly. The County Attorney noted that the Township is the road authority and the relocation can be further studied when an application for Conditional Use Permit to construct the road is submitted. Motion by Froemming, second by Block, and unanimously carried to approve the Preliminary Plat of Taylor Investment Corp. known as “Baileys Beach” consisting of seven (7) single family residential lots and three (3) outlets and a Conditional Use Permit to construct a driveway into Lot #5 with conditions as recommended by the Planning Commission. The property is described as Pt of Government Lot 9 Except a 4.63 Ac Tract, Section 1 of Sverdrup Township; East Lost Lake (56-378). - _iSSt.-1 Scale Signature Date i .MXE.- a ir 7 :.f 1 !I ii! ;;!SHeiLBL-ltJ.B'i ._L !:■ : [-■fi:•r--ii i- .I I ;i-I K-}■ ±i r1 -------4--------r •i :■*[I{ H 4. ::i-1 fBif!; M r i)j I 'A •7';!■4-rI7^^t AvfvJ?4>l5«:!i -I - --...j.A-AS-e^T7 w\ i 2±L I \l:<i15LeF£a-!□-IJAA I ,-t-i ir; •h T--L_L 't I i I 7:r"!:/Ik:\3^VJi.i X- i-CciL'k m A r '^i[j:j]T/af -1 - i■r 1 i I 4.*1- \-Vi-i It/.. J.-]-i .... . -jr- - -,/|4-W ..: .1 A---------- .4-i /Iu ■! I--j.4.0 n:f;.■^7-;■7 -T I4-i H-K- 3-/Si'' a/r ■i I1!r-HI -r- i m nI 'hfixJ.--------J... I T.1. ...-!»I ©:TT4-1 (t ,1;---- 3V'ir;!f !47^—i -;4-•ir"IX.-i-(I i-■| -L1 ir '1-,/^e^k)t 1':II--t._J.•A- 1--r XT'■ ‘i .1:;-i 'rlT fT-r- aJ" _f !■-:/■; ay ;--I-,J'■■'I ♦\r A I --!•I C^Co^:5~S<^cme>M A'A \/^E\/J L0OK.ING ^A'5T /^yoA^ F'Roa^ LA^t RaAD•5»‘ D SLOf'iZ ffltoF ^LoP(£ 30^ MlAltMUM. jv VPf* OF WLUf^F i//s —sufPe: TVf^oPoTEO toe: o f ^\^0?E -/ lS~-W0- 9t'&7</7-tu) 9 - '210- OH i^B- dju.itScale y^(S i\ AJ 4) Sfc-a??-NOI^TH d. §li<pP^ received 1-^ (\UG 10 2004c s f6'2 LANO&RESOURCE T^p B AN'K "’"y^7*^(/ '' ' , ' \a/ UN Ois TufZi'eB /'D/'6ur{=^^ 'z^oMe//.::1 ' :...22z tA Top of \<r~' 5 L £? P ro <n \C-iAO’^S-SeuTi OH IA-/'i4—CS Q p £ •f?s /C 33 So-AJ ZX] ^ :s3 o > ^2 Cc^h '' -a. £fo \ U<g>> <, "S' C.T >'rttp, ^/j/e cJI I2 IH-2 1\I --lit------------- ------30^ o>y?-X■:?/;d^r- r)% ^ — 3V^ r-------------------14//(S.it) ' ^ I ‘ CKoss-secTnc?^/ a-A Yia*; L0(?Kin6 6«-5r^^wAV pg^jM LAK£ '%-7-0-O'j .•■i liMaerz. Hlos ') i 1iDO!Oui pcd'fof UJ UlCw JCl S'^oPcT TOf^PoS€V Toe <£)!^ >/’ <L0?c P(2-(?X LA-l<e^ 7\ /f- '■ INSiO^ ?L09GZ^'S H N S' A-i/JAY i_€t 6-20-0^Scale 21 HG ( .XiMgE R Hi Lts . RaArP C e^5s - B ~ B V(. BIA>» L^.QKI <vJ6 No I'l TH mmp\5 rw(i6eD B tA p^tsPL ^(Pns:_P£qx CtHArOE CA^ //^ ' \Ao\k.5^ (A X ■^-=r!y !^\rZ i ■ ■ 4^^*“ ...................•............................................................................ +X^'6 3^T«^> P..c’ ^ ... . bfit-NK0<'tLpfLOfiOSt=-t> CS fi M>£' .• .......................... - ' ; Signature : ;!;i : } ■s^.T as*: .^.?i I -i--: Date--I-Seale . TXOTuX]i-. .1ii ;1\ - : Noki-H T sJ-'i-'i:J 56 - S’iTT T;■ ! .;;....:rT ;! .. ..:. . .,. .. i:i <;:i-■■ -r :.1 • I" ■■;—:■r? :"r <j ] . T ;--r ; ilr ^ r . i;:r'i:;3■'1 -r • : I■; i r;! :; p^'"r -rT-rr~ l : rxr rrr-r~~~TrfiTTi - !--: -V ?- f:T!-■r ; -i- .L Jj !~rr 1I ;"T 1tf-H T ?a'si V V ;1'• f-;■ :4-:-1 i 1;,1. •i ;Sil if '-ii:•-:.i:i ;--r :r--; 5[-Qrt: iTiiLiAli St^oi'e ;!1 T :• r --;--f --(--: f-r T-l ----!..1 4hH-4id } ; l~T : ■ r■-j 4 ____;. J_. ;■ •n' ■-■! Mi-ijEM 4 : 3<5/■■ 4-\j. ■!■ i 4 ■ . 4 .1 i-4-;A■,.H^xu.r:i.j.:L4 f.t;: r.r r:iZi_.d:p:44:j-i4 ;I m-m£';:u :' ixi C' ;•:■ • 4 .:_La!■: :‘ r ■ i :-• t i ;; : i L.4i iaj+hi-izJi\ff- rn.vii M i!-!-.|_if-'i nj:rrx:i:4-f-iXtXhIiij--^ -j -■ , -j I ■14-7 : 7-:t I '^xrTu^-y#ti±s3-T r! r T >-CTPlmI;7Xiar:fi=r:■ (;;!r-i 40111ttt4■‘ r J!X • I ;r‘ :1-i'-J- :._[_;..1”1■ a*i ■; T-'f'v ■ 1 ■ a ;—1--; ■!I~;Wl I T j:J i T ■ ~ “ ’ ■ ": • f' fri-X ill i i rrM i V X-'-iXi'vx, • 4lfl^:t|:j;4'-'4n:;4 4 i-1-; 4 rrtTX¥?h“1 !/I i i.1I:liXDj j ( —i“-i 'V 1";4;44: Xx[:; ^ p|qTt:[:rt:l±^ ;.j_4_ J_l-4-K1Xt-!i.;i!.!■ 4 m ■- -i-r' ;... i-://e.k) iT:4fl4 ;mI IU-i-i-LxTTT;i !i TO\n:\:riiH-i—h !;•f•-•I--l-U-4i:cr•f • 'l:- i. i ; - !■ -j 4 -■<-; -4- - ; -- X' ■■ i 7..t. . i_ . _________; i-4 i;I 5 "“HirVUlltu7'■;i J:.l4tix 0.Ii_;.■. r r i' ' 4 -4 -j- i -: -j-X"!' :l; :-i-\I !T : :'T li-ri'-Vhi'T'XX•:i September 8, 2004 REVISIONS FOR CONDITIONAL USE PERMIT OF JUNE 23. 2004 Why is this change needed? This requested permit is for safety and wall stabilization reasons on our lake home. Safety: Adding and improving lower level access via the new patio door, proper window egress from an original bedroom and correctly sizing the other existing Avindow should greatly improve the chances of human survival in the event of a fire or other disaster. Stabilization. We are concerned about relieving ground pressure on and the drainage against the basement wall on the lake side because said wall has already moved in. Topography and Drainage Plans The 3 drawings done, dated and signed by Civil Engineer, J. K. (Jeff) Stabnow, PE of Clitherall, MN contain the topography and drainage plans for said permit. Topography Plan The buffer zone and the area to be excavated from existing grade to proposed grade is shown on two drawings. Drainage Plan Narative During the excavation, a temporary berm like silt fence or landscape timbers of approximately 50 feet will be placed on the applicant’s side of the property line with Norma Petchal. With, actual excavation spoils, a permanent dirt berm?swale will be created along the entire boundary fine. It is planned to be a gentle berm/swale between 6 inches to 8 inches high using a 3:1 ratio. Drainage will be from the lake toward the road. To allow water to penetrate the disturbed ground, it is planned to sod, seed to lawn grass and/or use landscaping materials after the excavation is done. Planning Commission July 21, 2004 Page 5 Bruce Bopp expressed concerns regarding impervious surface, the intention of the use (rental or private) & the septic system. Motion: A motion by Estes, second by Wilson to table the request to allow the Applicant time to file a Variance Application. Land & Resource Management must receive a letter from the Applicant requesting to be tabled, the letter must include the date which they want to be considered, by 10:30 A.M., Tuesday, July 27, 2004. Voting: All Members in favor. Brant Klepel & B. Mouritsen - Denied: A Conditional Use Permit Application as stated by the Applicant: Excavate existing slope to create a walkout lower level on existing home. The area to be excavated is 70’ x 40’ with an average depth of 2’. The finished slope will be 3:1. Project will be more than 30’ from top of the bluff and all drainage will slope away from the lake. Excavation of approximately 200 cy with excess spoils hauled off site. The property is described as Lot 16 & Int in Lot 11 Timberlane Beach Rearrangement Life Estate to David & Ethel Klepel, Section 5 of Everts Township: Round Lake (56-297), RD. Branda Mouritsen, Brant Klepel & David Klepel represented the Application. Norma Petchal expressed concerns regarding the bluff, impervious surface & run-off (her property is lower). Steve Mouritsen questioned if there is a bluff onsite. Motion: A motion by Sha, second by Estes to deny for the following reasons: 1. The proposal is unclear as to the amount of excavation proposed. 2. There are no provisions for protecting the downstream property owner from surface water run-off. 3. The plans are not clear as to whether there will be an encroachment on the bluff setback. Voting: All Members in favor. Mark & Judith Wedul - Approved With A Condition: A Conditional Use Permit Application as stated by the Applicant Build approach (60 yards) with culvert off 385*^ Ave. according to Dead Lake Township specs. Build driveway from west line of parcel along south part of lot for a distance of 550 feet in length. Driveway shall be 20 feet wide with a 16 foot road surface. Driveway construction shall consist of tree removal (approx 80 trees) and adding 4 inches of gravel (170 yards) to driveway area for the first 400’ moving east. At the crest of the hill we request a 3 foot deep excavation for the remaining 150’ x 20' of driveway. Excavated sides of driveway shall be stabilized and retained according to Land and Resource Management specs. Finally a request to fill low area of lot on east side of parcel equal to but not greater than an elevation of adjacent lots. Material excavated from the driveway (approx. 320 yards) shall be used to fill the low area. An additional(1000 yards) of clean fill material will be required in low area for final elevation. There is an existing knoll between the OHWL and construction. The property is described as Pt GL 2, Parcel F, Section 2 of Dead Lake Township; Marion Lake (56-243), GD. Chuck Watkins (Watkins Excavating) represented the Application. Motion: A motion by Boyer, second by Maske to approve as requested with the condition that an erosion control plan is provided to and approved by Land & Resource Management. Voting: All Members in favor. OTC Board of Commissioners’ Minutes July 27, 2004 Page 4 recommended by the Planning Commission. The property is described as S Vi Lot 5 of Government Lot 3, Section 24 of Buse Township; Swan Lake (56-781). Conditional Use Permit - Curtis E & Lisa J Malecha: Motion by Lee, second by Block, and unanimously carried to approve a Conditional Use Permit to allow the fill approved on a previous CUP be taken from onsite with conditions as recommended by the Planning Commission. The property is described as GL 2 lying ELY & SLY of Foil Line...(Jewett Lake Resort, 18.61 AC), Section 24 of Elizabeth Township; Jewett Lake (56-877). Conditional Use Permit - Greenwood Lake Aire Villas/Dennis & Dorothy Merchant: Motion by Froemming, second by Mosher, and unanimously carried to approve a Conditional Use Permit to move a cabin temporarily and construct a basement. The property is described as Greenwood Lake Aire Villas, Condo #18, Lots 3 & 23 Bk 1, Section 29 of Otter Tail Township; Otter Tail Lake (56-242). Conditional Use Permit - Dana Craip & Juanita Ann Rastedt: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit for earthmoving to construct a road with conditions as recommended by the Planning Commission. The property is described as Pt GL 5, Tract G, Section 32 of Maplewood Township; Anderson Lake (56-716). Conditional Use Permit - Three Lakes Resort/Ed & Kathy Thompson: Motion by Block, second by Mosher, and unanimously carried to accept a letter from the applicant waiving the 60 day rule for a decision on the request. This CUP request was tabled by the Planning Commission. The property is described as Lots 53, 54, & 55 Deer Lake Retreat and that Pt of Lot 56 according to recorded plot. Section 6, Everts Township; Deer Lake (56-298). Conditional Use Permit - Brant Klepel & B. Mouritsen: Land & Resource Director, Bill Kalar, stated that the Planning Commission recommended denial of this CUP request for several reasons as cited in the minutes. Applicant, David Klepel, submitted a letter to the County Board asking for reconsideration of the reasons for the denial and to override the recommended denial of the Planning Commission. After review of the handout and affirmative action by the applicant to waive the 60 day rule. Commissioner Mosher offered a motion to send this CUP request back to the September 8. 2004, Planning Commission meeting. Neighboring property owners expressed concern regarding drainage and total impervious surface. Commissioner Froemming seconded the motion. Chairman Nelson called for a vote. Motion carried unanimously. The property is described as Lot 16 & Int in Lot 11 Timberlane Beach Rearrangement Life Estate to David & Ethel Klepel, Section 5 of Everts Township; Round Lake (56-297). Conditional Use Permit - Mark & Judith Wedul: Motion by Froemming, second by Block, and unanimously carried to approve a Conditional Use Permit to build a driveway with a condition as recommended by the Planning Commission. The property is described as Pt GL 2, Parcel F, Section 2 of Dead Lake Township; Marion Lake (56-243). Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us August 5, 2004 Brant Klepel B. Mburitsen 901 Union Ave N Fergus Falls MN 56537 RE: Conditional Use Permit Application, Round Lake Name (56-297) Brant Klepel & B. Mouritsen: On July 21, 2004 the Planning Commission passed a motion as follows: A motion by Sha, second by Estes to deny for the following reasons: 1. The proposal is unclear as to the amount of excavation proposed. 2. There are no provisions for protecting the downstream-property owner from surface water run-off. On July 27, 2004 the County Board of Commissioners passed a motion to refer this request to the September 8, 2004 Planning Commission Meeting. Once the agenda has been set, our Office will inform you of the time in which your request will be considered. If you have any questions, please contact our Office. Sincerely,. Marsha Bowman Recording Secretary David Klepel 27451 Timberhills Rd. Round Lake Fire No. 23 July 27, 2004 Commissioners, Thank you for the opportunity to address you on the Conditional Use Permit Application for topography that was denied us by the Planning Commission on July 21 and as referred to on page 5 of their meeting minutes. Why the application was made? Extensive remodeling and updating was made to the structures and property this past year as the result of a broken water line that caused extensive flooding and damage throughout the original home. Many updates have been made for my aging wife and I, our grandchildren, and other's safety. This permit application addresses additional safety issues. Because the lake side has the original home structure it lacks egress from that side of the basement and especially from an original bedroom. It amazed me that no concern at all was expressed by the planning commission at the engress safety issues. Getting a dock, boat, boat lift and even the steps to the lake are getting more treacherous for my wife and I. This excavation would surely improve this situation. Also, we were concerned about relieving the ground pressure on the basement wall of the lake side. Already we have made repairs because it was being forced in. The current "lay of the land" now has lots of the runoff water running away from the shoreline and off the hill to said basement wall before crossing the rest of our property to enter Norma Petchel's property. I have no idea how the land on the lake side got to be sloped this way and left this high against the wall of the hcxne. It was slated at the planning meeting as fact that a request for a similar project was turned down by the previous owners of the property. 1 have since asked the Land Management office to see the paperwork on this. NO such paperwork exists and so someone lied. I felt an effect of this statement on planning members turning against our application. REASONS FOR DENIAL 1. "The proposal is unclear as to the amount of excavation proposed." Reply; Quote from the Application: "Excavation of approximately 200 cy at an average depth of 2' over an area ov 70' x 40'" 2. "There are no provisions for protecting the downstream property owner from surface water run-off." Reply: Using The Shoreland Managerhent Oridinance of Otter Tail County, Minnesota and the application form that we were given by Land Management, I still cannot find were there is a provision that requires us to have said provisions with the application we made, and if not, it is a reason for complete denial. Besides, 1 believe the diagram submitted with said application clearly showed that a flattening of some of the lower portion of the area to be excavated should logically decrease the rimoff from present amount to our neighbor’s property. Therefore, it seems that there was a surface water run-off provision in our application. At the planning meeting, it was verbally offered to put a berm in to further im(^e any run-off to Norma's property. The plan diagram and the verbal offer to this question were obviously ignored. Are not verbal offers added on the spot for other applications that come before the planning commission? 3. "The plans are not clear as to whether there will be an encroachment on the bluff setback." Our application said, "Project will be more than 30’ from the top of the bluff and all drainage will slope away from the lake." Reply: Present drainage slopes away from the lake and it would continue to do so after doing this project. ITie applicants were not completely sure if this knoll, as it was referred to by others, was in fact a knoll or a bluff or neither. We chose to aror on the high side by calling it a bluff. Obviously, this was a fatal mistake by us. The Land Manag^ent Advisor/Representative stated twice that he had been out to the project site and this hill was not a bluff. He measured it from two locations off the water and it was not 2S' high and therefore was not a bluff. Despite this, during the meeting certain planning members continued to use the term bluff and tried to apply bluff impact zone criteria to our project. In my perspective, they eventually succeeded in killing our project without any indication of compromise. r i I have since learned that someone has found that their are no Bluff Impact Zones for our Round Lake on the Ottertail County website. I am not a corporation trying to pull a power play, but just an ordinary citizen who would like to feel has gotten a fair shake from our governmental institutions no matter what area or lake in or on. I have seen some wonderfirl improvements to lake properties in Ottertail County many of which must have needed conditional use permits. I am asking for approval of our project permit by you, the County Commissioners. If this is truly not possible for you to approve here, then I request you send it back to the Planning Commission for another attempt of reaching an agreement. Thank you for your consideration. Regards, David Klepel I II II I