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HomeMy WebLinkAbout28000040028000_Conditional Use Permits_08-09-2006-100(0 1004141 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA filed/recorded in this office for record on the day of ^ iA Q 2006at3l^@lpm ^ec'ordihqfei^ ^ well certifi/^te was by:J L|(o.( 1<(L 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 C>0d^ AT ^Application Fee Receipt Number Accepted By / Date 7/ 73fc- DAYTIME PHONE L»fZ -*74.~S COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER(S) 3ASoO ______ MAILING ADDRESS 2‘-l(cH-7 •TV2.^^S^.-r».l LAP2- LAKE NUMBER ^ D LAKE CLASSLAKE NAME UAU.?, /B^SECTION TOWNSHIP RANGE HoL TOWNSHIP NAME PARCEL NUMBER 2.a OC>Oto 29 000 E-911 ADDRESS ~2-M(e41 T»-T.3>iS.t.-r W lxj/ LEGAL DESCRIPTION OF" CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration Commercial Use Forest Land Conversion Miscellaneous Cluster Development___ Extractive Use Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Coo5..ti£r2- Tu.i^ -e,t-oC- A^J APrilL THE FAcrt AV.. ALt«uj A (. to A.n_ 'ft, ^ TH-i- OF To ‘0|J) IPTo Trif- LAv~£-.. nU /\^A (s 2o')c A»>0 , Ar*^ A TUC U/..UC (^To^Sc-ts -rrti C/JL . ya*4>s c>p Fvi-t. u/*t3 LUA*> TKl oc -rH “RiTA,3>A*JCi (9 i/ 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 &^SOURCEJWANAGEM RDING THIS MATTER. sTGNAtURE OF PROPERTY OWNER (S)DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Planning Commission Hearing Time Planning Commission Motion August 9. 2006: Motion: A motion by Trites, second by Wilson to deny the request; reason being that this project would not have been approved if requested prior to its construction. Chairman/Otter Tail Coi/nty^lanning Commission County Board Action ___Approved As Recommended Denied As Recommended Other AX (o Date of Final ActionClj^rman/Ottei^Tail County Board of Commissioners 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 No MiyL & R Official/Date 317,339 ■ Victor Lundeen Co., Printers « Fergus Falls, Minnesota OTTER TAIL COUNTY PLANNING COMfilSSSON NOTICE OF PUBLIC HEARING Jason & Cindy Freeland 24647 Tonseth Lane Erhard, MN 56534 APPLICANT: HEARING DATE/LOCATION: August 9, 2006 at 6:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): Please consider this request for an After-the-Fact Conditional Use Permit to allow a previously installed natural rock retaining wall to remain in place for the purpose of stopping erosion into the lake. The wall protects the soil from slumping. The area is 20’ x 35’ and approximately 15 - 20 yards of fill was removed and a small amount of sand was hauled back in. The height of the retaining wall is 2 - 4’. LAKE NAME/NUMBER/CLASS: Tonseth Lake (56-690), RD E-911 ADDRESS: 24647 Tonseth Lane LEGAL DESCRIPTION: S 286.50’ of N 886.50’ of GL 8, Section 4 of Friberg Township " Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing. 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, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. July 26. 2006 Mailing Date Bert Olson Chairman Planning Commission k. OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT 121 W. JUNIUS, FERGUS FALLS, MN 56537 (218) 739-2271 MEMORANDUBV! TO:Planning Commission Members FROM: Pat Eckert Inspector DATE: July 5, 2006 RE: Jason and Cindy Freeland CUP Application, Parcel 28000040028000 Tonseth Lake 56-690 Please be aware that the applicant’s estimate for cubic yards removed does not appear to be correct. Using their numbers, an area of 20’ x 35’ at 1 foot deep is equal to 26yds^ Since they estimate the area to be 2 to 4 feet deep the cubic yards removed would be equal to 52 to 104 yds^. When I investigated this issue in 2004 in response to a complaint, I observed an area of approximately 21 x 30 ft that had been leveled, and expanding/tapering to an area of approximately 33 X 57 ft at the top. I had not documented a depth, but you can view onsite. Please contact me if you have any questions. A V\/v>i}A/ "■*T. t' \/\1 32 201.33/223.03 0OT / Z/I ■'-.I72C?i-/ 0 5 a<^V2'37^^ N yy\l/wX* 7 Jy /F»^F^OEL- Btf)/m &.12 AC^ES I. ...^ o I 410.31 O-^ /%r / o proposed easeHent( n I //\I (I IyfIoI g S;fIS ^,-F^-AIROEL- C 4s».©0 AO^ES I\ I ;S Ii>-II§«;■;■II 37B.&4tI D I \I ■I ac<in II \(I S'")I \I IId' II S. L/NE OF GOV'T. LOT 3 NORTH LINE OF T0N5ETH HEIGHTS 1;f|i 1 ’•'. 1 I I SUKVET LINE— \\-\\C400 PLATJC502.3A PLATJ502.42 \<■\N\.3HH.H4\s.T 2-;g?C)nr>Ci Voo Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. tP - I Scale Impervious Surface Lot 6-1 J ^ 1*2-6 ■-Lot ^>-t -—1*2^ Signature of Property Owner Date BK — 05(322J80 • Victor Lundeen Co. Pi nters • Fergus Pa'is. MN • J-800-346-4870 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 Planni the— served upon the folldlwing: ning Commissidh foi^Otter Tail County, Minnesota, do hereby certify that on <^^^day of 2006, the attached Notice of Hearing and was duly County Sheriff County Highway Engineer Courthouse Otter Tail COLA, John Matteson, 23562 W Silver Lk Rd. Battle Lake, MN 56515 MPCA, 116 E Front St, Detroit Lakes, MN 56501 Terry Lejcher, DNR, Div. of Waters, 1509 1st Ave N, Fergus 1221 Falls, MN 56537 Bruce Winterfeldt, DNR, Trails & Waterways Arlin Schalekamp, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife (The above 8 receive all Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lk Imp Dist) Same Envelope Pelican, Fish, B^ss & Zittle Pelican: Pelican Group Lake Imp. Dist., %Fred Manuel, 26271 Otoson RD, Detroit Lakes MN 56501 South Turtle Lake^jeouth Turtle Lake Imp. Dist., %Bricker & Janet Johnsen, 32790 Turtle Shore Ln, Undenwood, MN 56586 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little Pine & Big R Little McDonald/Kerb^S Paul: McDonald Lakes Imp. Dist., PO Box 133, Perham, MN 56573 City Cl^ (if located within 2 miles of a city) MNDOT Dist. Offic^OOO Hwy lOJ^, Detrqjt Lakes. MN 56501 (if located on a State or Fed Hwy) Planning Commission Members, (^wnship ClerM^e As^g(piation, suir^or (if appropriate), and those listed on the attached sl^^ --------- 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 If parcel owner is “USA”, mail to Fish & Wildlife Service, 21932 St Hwy 210, Fergus Falls, MN 56537 If parcel owner is “DNR”, ignore as they are receiving a notice as stated above If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit (4/06) '• • •» PLANNING COMMISSION NOTIFICATION WORKSHEET (1/4 Mile for Conditional Use Apps / Vi Mile for Preliminary Plats) JtQoiA -i CciacOmApplicant: Lake:Meeting Date: Assigned To:Date Assigned: Return By:Compieted: Townships / Sections / Plats: / PC:Worksheet Notification 02/04 OTC Parcel Map Output * Page 1 of 1 .../com.esri.esrimap.Esrimap?ServiceNaine=parcelscounty&ClientVersion=4.0&Fonn=True&E]7/7/2006 LIST PARCELS IN BUFFER 7/7/2006 Parcel Number Sortname Street Addr Addr2 CSZ 28000040025000 jMILLER.ROBB & BRENDA ET AL 28000040025001 |miLlER, j6eL K 28000040025002 jfHORSON.MARSHA & DAVID ^ 28000040025004 KEITH,ELIZABETH N ......... 28000040027000 |SH EARON, DAVID W ........... 28000046027001 ALE ^,LAVVRENCETtTNAOMrM~^ 28066040027004 BUXf,C^HARLES & ELAINE ” 2800004^028o6o^ FREELAND^SON S^INDY^ 280o6o46o28001 SHUCK.HARLAN & ROBERT SAMPSON 28000040028002 FREELANaGLENN R & JOANNE f 28000040028603 FREELAND,’JONATHAN S p: 28000046030001 .SHUCK,HARLAN & ROBERT'SAMPSON ' 286o0046o306o4 3URKE,MICHAEL G & VICTOrIa P 28000040030665 JORGENSON,mCKY“D"”’>^ 28000040030006 MILLER,ROBB RAY................. 28000990360000 HARLEY,MARY................................. 28000990362000 JOHNSON,KEVIN D & MARY C 28000990363000 SELVIG,CARL J & DIANE E 28000990364000 NAGLE.STEPHEN F 28000990365000 BEYER,KEVIN D & SUSAN A 28000990366000 MARTINSON,WILLIAM & MARILYN 28000990367000 MARTINSON,WILLIAM & MARILYN 28000990368000 VORVICK,S HAROLD ET AL 28000990369000 MOLINE,JON D & EMMA L ...... 28000990370000 FREELAND,GLENN R 28000990371000 ANDERSON,STEVEN H 28000990372000 BOWHALL,LINDA 28000990373000 COLLINS,WILLARD B & CINDEY M ^ 28000990374000 FREELAND,GLENN R & JOANNE T 28000990375000 FREELAND,GLENN R & JOANNE f 28000990376000 FREELAND,GLENN R & JOANNE T 28000990377000 FREELAND,GLENN R & JOANNE T |PO BOX 264 PELICAN RAPIDS MN 56572 264 EAST GRAND FORKS MN 56721 9016 ERHARD MN 56534 9456 ERHARD MN 56534 9457 FERGUS FALLS MN 56537 2618 PELICAN RAPIDS MN 56572 7742 ERHARD MN 56534 9457 SAINT PAUL MN 55103 1032 12329 STATE HIGHWAY 220 S 33102 COUNTY HIGHWAY 3 24054 EMERY DR 314 VASA AVEW.................. 37882 COUNTY HIGHWAY 3 24444 EMERY DR 1180 LEXINGTON PKY N 24396 EMERY DR 24797 TONSETH LN 4634 WENTWORTH AVE S 24396 EMERY DR 24343 EMERY DR 227 3RD ST N i I. I I lERHARD MN 56534 9457 ERHARD MN 56534 9447 MINNEAPOLIS MN 55409 2543 ERHARD MN 56534 9457 ERHARD MN 56534 9457 ......... SABIN MN 56580 4109 ' PO BOX 264 PELICAN RAPIDS MN 56572 264 INDIANA PA 15701 1418 ERHARD MN 56534 9447 ERHARD MN 56534 9447 ERHARD MN 56534 9447 PO BOX 172 CHOKIO MN 56221 172 FARGO ND 58102 1254 FARGO ND 58102 1254 PELICAN RAPIDS MN 56572 7324 MASON CITY lA 50401 2143 ERHARD MN 56534 9447 ............BLOOMINGTON MN 55425 2220 ERHARD MN 56534 9447 ERHARD MN 56534 9447 ......... ERHARD MN 56534 9447 ......... ' .......... ERHARD MN 56534 9447..... ERHARD MN 56534 9447 ERHARD MN 56534 9447 i 125 ORIOLE AVE 24664 TONSETH LN 24680 TONSETH LN 24702 TONSETH LN 42 36TH AVE NE 42 36TH AVE NE 16055450TH ST 938 FEDERAL AVE N 24797 TONSETH LN 9024 15TH AVE S 24745 TONSETH LN 24701 TONSETH LN 24797 TONSETH LN 24797 TONSETH LN 24797 TONSETH LN 24797 TONSETH LN 1 Page 1 OTC Board of Commissioners’ Minutes August 15, 2006 Page 4 Extension Update Ag Extension Educator, Vince Crary, provided several handouts including Arsenic Study Current Status. Managing Plumeless Thistle in Pastures with Donkeys, and August 2006 Dairy Programs. He briefed the Board regarding each program and details of outcomes of the research. He also provided a University of Minnesota Extension Service brochure explaining the research in the use of donkeys to control thistles. Commissioners expressed particular appreciation for the Arsenic Study work and supported a letter of endorsement for the work. Road Closure Howard Euneau, Owner of the Silver Dollar in Elizabeth, requested special consideration to close two blocks of County Road 10 in Elizabeth for a benefit scheduled for Saturday, August 19th. Mr. Euneau explained that this is not an annual event and because of a misunderstanding, the benefit has already been advertised and the closure would ensure safety. The Highway Engineer expressed concern as the County’s policy is to close County Roads for annual City events only. Motion by Lee to deny the request of Howard Euneau to close two blocks of County Road 10 in Elizabeth for a benefit on Saturday, August 19, 2006. Motion failed for lack of a second. Motion by Mosher, second by Block, to approve the closure of two blocks of County Road 10 in Elizabeth, as an exception only, on Saturday, August 19, 2006, from 5:00 p.m. to 1:00 a.m. to allow this benefit to proceed. This motion applies to this event only because of a misunderstanding and the motion endorses the Highway Engineer’s policy not to close County Roads other than for City sponsored events. Chairman Froemming called for a vote. Motion carried unanimously. Recess & Reconvene At 10:50 a.m.. Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 11:00 a.m. Planning Commission Recommendations Conditional Use Permit - Melanie & Steven Cole: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit for an earthmoving project with a condition as recommended by the Planning Commission. The property is described as Lot 5 & SE% NW14, NW!4 SE34, NE14 SW% & Lots 8 & 3 ex tr. Section 3 of Sverdrup Township: Mud Lake (56-445) and Unnamed Lake (56-446). Conditional Use Permit - Russ & Laurie Akkerman: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit to prepare for a walk-out basement with conditions as recommended by the Planning Commission. The property is described as Eagle’s Nest Shores Lot 6 BIk 1, Section 34 of Tordenskjold Township: Stalker Lake (56-437). Conditional Use Permit - Jason & Cindy Freeland: Motion by Lee, second by Nelson, and unanimously carried to deny a Conditional Use Permit, as recommended by the Planning Commission, for this after-the fact application to allow a previously installed natural rock retaining wall to remain in place. The reason for denial is because it would not have been approved if requested prior to construction due to the environmental impact. The property is described as S 286.50’ of N 886.50’ of GL 8, Section 4 of Friberg Township: Tonseth Lake (56-690). otter Tail County, Planning Commission August 9, 2006, Page 2 Jason & Cindy Freeland - Denied: A Conditional Use Permit Application {as stated by the Applicant): Please consider this request for an After-the-Fact Conditional Use Permit to allow a previously installed natural rock retaining wall to remain in place for the purpose of stopping erosion into the lake. The wall protects the soil from slumping. The area is 20’ x 35’ and approximately 15-20 yards of fill was removed and a small amount of sand was hauled back in. The height of the retaining wall is 2 - 4’. The property is described as S 286.50’ of N 886.50’ of GL 8, Section 4 of Friberg Township; Tonseth Lake (56-690), RD. Jason & Cindy Freeland represented the Application. Doug Moline spoke in favor of the project. Glen Freeland spoke in favor of the project. Motion: A motion by Trites, second by Wilson to deny the request; reason being that this project would not have been approved if requested prior to its construction. Voting: All Members in favor. Gary & Lola Keller-Tabled to October 11. 2006: A Conditional Use Permit Application (as stated by the Applicant): The piece of property is located next to Tweeton Construction which is commercial and borders along Crystal Lida Resort which is a cluster development. I want to build a storage building for the strict use of storage for lease. The existing RV trailer is to be used for onsite security and will conform to lake standards and not exceed 25% ambious cover. Building size app. 50 x 120 ft w/10 ft gravel road. I would like a 6’ x 6’ lighted sign. I would like to construct a 10’ wide by 300 ft long gravel driveway app 150 yds of gravel w/100 yds of fill for low area. The property is described as Tract No 8 of Auditor’s Subdivision No. 108, Crystal Hills 5“’ Addition, Section 11 of Lida Township; Crystal (56-749), RD. Gary & Lola Keller represented the Application. Jeff Engelstad indicated he was opposed to the request, and expressed concerns regarding the aesthetics and property values. Lindsey Engelstad expressed concerns regarding Indian Burial Grounds in the area, aesthetics, and indicated she was opposed to the request. Motion: A motion by Erickson, second by Trites to table (at the Applicant’s request) to October 11, 2006 to allow the Applicant time to: 1. Provide a diagram & design of driveway. 2. Provide a plan and stake onsite, the proposed location and an alternate location of the building. 3. Provide a design (color, roof pitch, & sidewalls, etc.) of the building. 4. Provide approval from the County Engineer addressing the safety regarding the number of storage units proposed. 5. Provide a screening plan of the building. The material must be submitted to the Land & Resource Management Office by September 22, 2006. Voting: All Members in favor. “The Point At Rivers Bend” / Robert & Susan Mitchell - Approved With A Condition: A Preliminary Plat of "The Point At Rivers Bend” consisting of 5 Single Family Residential Lots, 1 Block. The property is described as Pt NW1/4 SW1/4 NE of River Ex Tr, Section 6 of Otto Township; Otter Tail River (56-OTR), TRANS. Garry Johanson (Naterra) and Ben Schmidt (Naterra) represented the Application, and presented a power point regarding the project.