HomeMy WebLinkAbout57000010006005_Conditional Use Permits_09-08-2004Conditional Use Permits
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OFRCE OF COUNTY RECORDER
otter tail MINNESOTA
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I hereby certify that
this instrument #__
was filed/recorded in this office
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
OPApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number_
Accepted By / Date
^ona/d DAYTIME PHONE BPROPERTY OWNER(S)
MAILING ADDRESS ^ Tcy/o/ PO 2tK ^39- d,
RANGE TOWNSHIP NAME -Sv^/o/y^up
LAKE NUMBER ^6-£>3 7^ LAKE NAME
/33
LAKE CLASS
SECTION TOWNSHIP
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33S83PARCEL
NUMBER
E-911
ADDRESS 33gy7■57~60t>—0/ — Ooq6 ~^O0 7
LEGAL DESCRIPTION Cod' 9 a 4-. ^3
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
Commercial Use Cluster Development___ Extractive UseTopographical Alteration
Forest Land Conversion
Industrial Use
Miscellaneous
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT APPRO ML OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND.
I ALSO UNDERSTAND THAT O 'HER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING 1 HIS MATTER.
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teNATURE OF PR DPERTY OWNER (S) ^
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' DATE
APPLICANT MUST L E PRESENT AT THE HEARING
(Applicant Wi I Receive N : Jilcation As To The ate/Time Of Hearing)
isiMljn.TimeDate Of Planning Commission Hearing
Planning Commission Motion
September 8, 2004:
Motion: A motion by Trites, second by Estes to approve provided: 1. The agreement
(Resolution) that has been reached by the Townboard and the developer are followed.
2. The reconstruction of Road #273 is completed by September 1, 2005. 3. The outlets
ate renamed to conform with the Lot/ZBIock nomenclature. 4. The proposed driveway
may be constructed this fall provided it is completed by November 1, 2004.
Chairman/Otter Tail Courity Planning Commission
County Board Action
y/ Approved As Recommended
Denied As Recommended
Other
Chairnian/Otter/Tail County Board of Commissioners Date of Final Action
Z/ L & R Official/Date
CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
Copy of Application Mailed to Applicant, Co. Assessor and MN DNR
bk 0204-006 L & R Official/Date
317.339 • Victor Lundeen Co., Printers • Fergus FaHs. Minnesota
Planning Commission
September 8. 2004
Page 2
Planning Commission
September 8. 2004
Page 3
Motion: A motion by Trites, second by Estes to approve provided: 1. The agreement
(Resolution) that has been reached by the Townboard and the developer are followed. 2.
The reconstruction of Road #273 is completed by September 1, 2005. 3, The outlets are
renamed to conform with the Lot/ZBIock nomenclature. 4. The proposed driveway may be
constructed this fall provided it is completed by November 1, 2004. Voting: All Members in favor.
Break: At 8:00 P.M., the Commission took a 15 minute break.
Jay Samuelson - Approved With A Condition:
A Conditional Use Permit Application (as stated by the Applicant): Application for removal of
taper between house and neighbor on west and garage and neighbor on east. Taper
removed by construction of 1 foot 8 inch retaining wall beginning near road and continuing
lakeward on each side of the property for a distance of approximately 65 to 70 feet. A
narrow taper of approximately 5 feet running from east to west beginning in front of the
house sidewalk and continuing past the septic tank in front of the garage would return the
front portion of the lot to it's original elevation. Fifty to sixty yards of fill will need to be
removed for this project. (This is an After-The-Fact request.) The property is described as
Summer Haven Beach, Lot 11 Ex Tr Lot 12 & Lot 13, Section 12 of Scambler Township:
Pelican Lake (56-786), GD.
Jay Samuelson represented the Application.
Chad Tabutt had questions and concerns regarding the amount of fill, the potential for
erosion & the elevation being higher than the road. Lucy Tabutt expressed concerns
regarding the erosion and run-off. Nancy Stromen expressed concerns regarding the erosion.
Motion: A motion by Schwartz, second by Wilson to approve provided the existing drain is
improved to eliminate nutrients from entering the lake. Voting: All Members in favor,
except Estes & Sha.
“Kvare’s Beauty Bay South”/Charles C Kvare - Withdrawn:
A Preliminary Plat of "Kvare's Beauty Bay South" consisting of 4 Single Family Residential
Lots, 1 Block. The property is described as NE1/4 ex trs (140.71 AC), Section 18 of Dunn
Township; Pelican Lake (56-786), GD.
Charles Kvare and Dan Skinner (Moore Engineering) represented the Application.
Helen Friend expressed concerns regarding the roadway and the possibility of a cluster
development. Howard Otteson indicated he has concerns regarding the possibility of a
cluster development and additional development. Margaret Otteson had questions
regarding the proposed use of the lots. Rod Smith expressed concerns with the addition of
backlot storage buildings in the area. Jerry Klein expressed concerns with the request for
residential lots (the onsite sign says storage).
Applicant Withdrew The Request: The Applicant withdrew his request.
“Tomlinson Oaks"/Don Tomlinson - Approved With A Condition:
A Preliminary Plat of "Tomlinson Oaks” consisting of 4 Non Residential Backlots 1 Block.
The property is described as Pt of GL 1 ...(5.1 AC), Section 31 of Corliss Township; Little
Pine Lake (56-142), GD.
Sunset Bay Resort/Kevin J. & June M. Kovar - Approved With A Condition:
A Conditional Use Permit Application (as staled by the Applicant): 1. We would like to move
our road farther from the lake and build it up more on the hill to prevent snow from drifting
in. Road length is 400 ft long and 20 ft wide. Approximately 400 cubic yards of fill to do
this. We would like to do this road this fall. 2. Remodeling to Cabin 5 is to include
improving and or repairing foundation. To make the existing 8x12 screen porch and 8x8
portion of the concrete paver patio into cabin. This remodeling will turn a one bedroom
cabin with 2 beds into a 2 bedroom cabin with 2 beds. The cabin at its closest point is 19ft
from the lake. We are requesting an 81 ft variance (Variance Application has been filed).
The properly is described as Pt GL 7, Section 28 of Hobart Township; Long Lake (56-388),
RD.
Kevin Kovar represented the Application.
Motion: A motion by Boyer, second by Trites to approve as presented provided
appropriate erosion control measures are implemented. May do the work this fall provided
it is completed, seeded and stabilized by October 15”'. Voting: All Members in favor.
“South of Sand"/Boqenbrooke. Inc. - Tabled To October 13. 2004:
A Preliminary Plat of "South of Sand” consisting of 10 Single Family Residential Lots, 4
Blocks. The property is described as Lot 4, Lot 5 ex tr & SE1/4 SE1/4 (105.48 AC) & Lot 6
ex trs ex plat... (36.31 AC), Section 36 of Scambler Township; Non-Shoreland.
Greg Larson & Dan Skinner (Moore Engineering) represented the Application.
Alan Wasdorp expressed concerns regarding the effect this development may have on his land.
Motion: A motion by Trites, second by Wilson to table, at the Applicant's request, to
October 13, 2004 to allow the Applicant to: 1. Review and reconsider the location of the
proposed easement road on Lot 1, Block 3. 2. Review and comply with the Scambler
Township Ordinance. 3. Determine the preferred status of the existing buildings. 4.
Stake the lotlines onsite. Note: The revised maps must be received by Land & Resource
Management no later than September 24, 2004. Voting: All Members in favor.
“Baileys Beach'’/Donald Kersten %Tavlor Inv. Corp. - Approved With Conditions:
A Preliminary Plat of "Baileys Beach" consisting of 7 Single Family Residential Lots, 1 BIk
and 3 Outlots and a Conditional Use Permit Application (as slated by the Applicant): Construct
a new driveway into the existing cabin on Lot #5 within the plat of "Baileys Beach". Length
of driveway is approximately 450 feet, driving surface will be approximately 14 feet wide
with 3 inches of class five gravel. Driveway will be constructing on the existing terrain. 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), RD.
Scott Sealy (Taylor Investment) represented the Application.
Dan Stenoien (Sverdrup Townboard) indicated that the Townboard appreciates the time
given by the Commissioners. He stated that they do not have any objections since there
has been an agreement between the Townboard and Taylor Investment (the Townboard
passed a resolution). Tom Gardner indicated that the property owners affected are in
agreement with the proposal. Harold Smith had some questions regarding the proposed
road in respect to his property.
I
:
OTCo. Board of Commissioners' Minutes
September 14, 2004
Page 3
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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 XTaylor 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).
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