HomeMy WebLinkAbout31000300210006_Conditional Use Permits_07-05-1995Conditional Use Permits
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C7-05-95FOR conditional9i^?ERMITAPPLICATIONrShoreland Management Ordinance
Otter Tail County
Fergus Falls, Minnesota 56537
Receipt No.
oo76 —Application Fee $
218-583-4350
218-583-2401
Lisa
Ranee
Douglas
S.Brendefur
Brendefur
Kramer
W.
H.Phone:Owner:MiddleFirstLast Name
56551HenningMNRR 2, Box 308B
Zip Wo.CityStreet & No.
RDEast Battle Lake56-138 Lake Class_
Henning
Lake NameLake No.
3813330 Twp. NameRangeTwp.Sec.
Legal Description:Fire # or Lake ID #__
Gov. Lot 1 of Section 30/ T133, R38, Otter Tail County/ MN.
Except Parcels B-1 and C-l(legals attached).
Parcel Number 31-000-30-0210-000
EXPLAIN YOUR REQUEST:
ttached drawing showing the roadTo build a "county spec road as per
outlined in orange.
A public easement will be given of record to Henning Township and the
ter attached) the road.Township has approved(l^
The purpose of ending the road as shown is to not impact the wetland
between Parcels A & B.
Th^ oc-urfside- riV.<hi oJP foo-ol ('•S co^'-Vtr>,
(^attcLchHeni on -fi te' (4^
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE RESENT AT THE SCHEDULED HEARING.
^jhaxS 2yti
[i^---^
95June 8Application dated 19
Signature Of Applicant
- DO NOT USE SPACE BELOW -
i] Lt U i
> IJ Q.'io f. u19_1SDate of hearing:. Time:
The Planning Commission recommends to the County Board of Commissioners the following:
7-5-95:Tabled until a future meeting; the Applicants should provide a new drawing, showing all
c-hanges and also stake the areas so that the Watershed issues can be addressed.
~ Tabled so that the Planning Commission can complete an EAW Needs Determination in order
potential environmental impact on the area by this proiect. j9/6/% - EAW not required. Table OP plication to Ctt. 4, 1995 PC Mtg. ^10-4-95 - OVER -----------------^ Chairman
_ , hereby:The County Board of Commissioners on thi.s 16th day nf April
Denies the request.
---------------- Approves this request as recommended by the Planning Commission.
_____X__ Approves as follows:
iflQB
a
Chairman
copy of the motion from April 16, 1996, minutes.
Conditional Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and
Aj>n I1$^Minnesota Commissioner of Natural Resources notified this.day of.. 19.
7^555
Land & Resource Management Official
y Otter Tail County, Minnesotamailed copy of Application to Applic^. T ^ '
CONDITIONAL USE PERMIT NO..
• I (Date/lhitial)^1
t «MKL ~ 0390-006
10-4-95: Approve with the condition (as indicated in the EAW Facts & Findings dated August 1
1995) that Lots G-K have deed restrictions prohibiting the removal of any near shore aquatic
vegetation, filed with the County Recorder so as to notify prospective purchasers of the
restriction.
Brendefur/Kramer Conditional Use Application
Land & Resource Administrator Bill Kalar, reviewed the sequence of events relative to the Conditional
Use Permit request of Lisa/Rance Brendefur and Douglas Kramer. Mr. Kalar read the application
request. The Planning Commission recommended approval of the application with the condition that
Lots G-K have deed restrictions, prohibiting the removal of any near shore aquatic vegetation, filed
with the County Recorder so as to notify prospective purchasers of the restriction. County Attorney
Wally Senyk, reviewed the decision that an EAW was not required and the delay provided to allow the
developers and the East Battle Lake Watershed Association to negotiate an agreement. Applicant
Doug Kramer, stated, that at the meeting of the developers and Watershed Association, he agreed to
restrictive covenants on the deeds, however, they did not talk about the conservation easement now
requested by the Watershed Association. Aden Shalekamp of the DNR reviewed the enforcement
procedures of the DNR relative to restrictive covenants. EBL Watershed Association Secretary
Virginia Zachmann, stated that the association’s concern is enforcement of the restrictions. Attorney
Dennis Hagstrom, representing the developers, spoke in favor of the permit and stated that, in his
opinion, a conservation easement is a conveyance of valuable interest of real property. Discussion
continued.
■:2:
Motion by Windels, seconded Lindquist and carried, with Stone opposed, to approve the issuance of
a Conditional Use Permit to Lisa S./Rance W. Brendefur/Douglas H. Kramer conditioned upon the
placement of the following restrictive covenants upon land to be recorded with the County Recorder
and placed upon the deeds for conveyance of said property;
o
rr That part of Lots F-K of Bayshore Acres Metes & Bounds bounded by the Ordinary High Water
Level line, as defined in Section II. 44. of the Shoreland Management Ordinance of Otter Tail
County, of East Battle Lake, Otter Tail County, Minnesota, and a line parallel thereto fifty (50)
feet inland, and the boundaries of said lots shall be restricted as follows....<oO A. This area shall be preserved in its natural condition, no trees, shrubs, or other vegetation
shall be removed from the conservation area except for dead trees or branches.
B. No building, road, sign, billboard, utility or other human-make structure shall be placed in
this area.
C. No trash, waste or other offensive material, soil or landfill shall be placed upon or within
said area.
D. No change in the general topography of said area landscape, including but not limited to
excavation, dredging, movement or removal of soil, shall be made.
E. No aquatic vegetation shall be removed from the area of East Battle Lake adjacent to
the described area.
»c\ ^
V Officfi of County Recorder
County of Otter Tail
I hereby certify that the within Instruraent was filed
for record in this office ori. the' dav of
and Ws'duiy Microfilmed as
^ County Recoroer
______^Deputy
APPLICATION FOR CONDITIOnXP9S^?ERMIT
Shoreland Management Ordinance
Otter Tail County
Fergus Falls, Minnesota 56537
Receipt No.
oo7S~Application Fee $
218-583-4350
218-583-2401
S.Lisa
Ranee
Douglas
Brendefur
Brendefur
Kramer
W.
H.Phone:Owner:MiddleFirstLast Name
56551MNHenningRR 2, Box 308B
Zip No.StateCityStreet & No.
RDEast Battle Lake56-138 Lake Class__
Henning
Lake NameLake No.
3813330 Twp. NameRangeTwp.Sec.
Legal Description:Fire # or Lake ID #__
Gov. Lot 1 of Section 30, T133, R38, Otter Tail County, MN.
Except Parcels B—1 and C—l(legals attached).
Parcel Number 31-000-30-0210-000
EXPLAIN YOUR REQUEST:
To build a 'county spec road as per^^^ttached drawing showing the road
outlined in orange.
A public easement will be given of record to Henning Township and the
Township has approved (l^ter attached) the road.
The purpose of ending the road as shown is to not impact the wetland
between Parcels A & B.
occrfSide.-. r»V.khl
(3 v^a trvq d- ^
oP 4-h-je. roo^d l S
‘i
(^abtcLchFieni, on T le-
In order to properly evaluate the situation, piease provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE RESENT AT THE SCHEDULED HEARING.
June 8 95 ’/IApplication dated 19
Signature Of Applicant
- DO NOT USE SPACE BELOW -
0 U:lo 5
T (7
19_i5Date of hearing:Time:
The Planning Commission recommends to the County Board of Commissioners the following:
7-5-95:Tabled until a future meeting; the Applicants should provide a new drawing, showing all
the areas so that the Watershed issues can be addressed.~ fabled so that the Planning Commission can complete an EAW Needs Determination in orde
10-4-95 - OVER ----------^ aST/lg,--------
The County Board of Commissioners on thLs 1 6hh day of April
Denies the request.
---------------- Approves this request as recommended by the Planning Commission.
_____X Approyj
199£l , hereby:
/2
Chairman
iliows:
See^ttacl
copy of the motion from April 16, 1996, minutes.
Conditional Ua Permit issued in accor ice with compliance with existing Conditional Requirements and Special Regulations and
(%
Minnesota CommisstbRer of Nal lesources notifiei day of., 19
Land & Resource Management Official
Otter Tail County, Minnesota
of Application to Ap^^^ ^^/I
CONDITIONAL USE PERMIT NO..
nh
MKL 0390-006
10-4-95; Approve with the condition (as indicated in the EAW Facts & Findings dated August 1
1995) that Lots G-K have deed restrictions prohibiting the removal of any near shore aquatic
vegetation, filed with the County Recorder so as to notify prospective purchasers of the
restriction.
Brendefur/Kramer Conditional Use Application
Land & Resource Administrator Bill Kalar, reviewed the sequence of events relative to the Conditional
Use Permit request of Lisa/Rance Brendefur and Douglas Kramer. Mr. Kalar read the application
request. The Planning Commission recommended approval of the application with the condition that
_ Lots G-K have deed restrictions, prohibiting the removal of any near shore aquatic vegetation, filed
with the County Recorder so as to notify prospective purchasers of the restriction. County Attorney
Wally Senyk, reviewed the decision that an EAW was not required and the delay provided to allow the
developers and the East Battle Lake Watershed Association to negotiate an agreement. Applicant
Doug Kramer, stated, that at the meeting of the developers and Watershed Association, he agreed to
restrictive covenants on the deeds, however, they did not talk about the conservation easement now
requested by the Watershed Association. Aden Shalekamp of the DNR reviewed the enforcement
procedures of the DNR relative to restrictive covenants. EBL Watershed Association Secretary
Virginia Zachmann, stated that the association’s concern is enforcement of the restrictions. Attorney
Dennis Hagstrom, representing the developers, spoke in favor of the permit and stated that, in his
opinion, a conservation easement is a conveyance of valuable interest of real property. Discussion
continued.
t
Motion by Windels, seconded Lindquist and carried, with Stone opposed, to approve the issuance of
a Conditional Use Permit to Lisa S./Rance W. Brendefur/Douglas H. Kramer conditioned upon the
placement of the following restrictive covenants upon land to be recorded with the County Recorder
and placed upon the deeds for conveyance of said property;
rr That part of Lots F-K of Bayshore Acres Metes & Bounds bounded by the Ordinary High Water
Level line, as defined in Section II. 44. of the Shoreland Management Ordinance of Otter Tail
County, of East Battle Lake, Otter Tail County, Minnesota, and a line parallel thereto fifty (50)
feet inland, and the boundaries of said lots shall be restricted as follows....<0
O A. This area shall be preserved in its natural condition, no trees, shrubs, or other vegetation
shall be removed from the conservation area except for dead trees or branches.
B. No building, road, sign, billboard, utility or other human-make structure shall be placed in
this area.
C. No trash, waste or other offensive material, soil or landfill shall be placed upon or within
said area.
D. No change in the general topography of said area landscape, including but not limited to
excavation, dredging, movement or removal of soil, shall be made.
E. No aquatic vegetation shall be removed from the area of East Battle Lake adjacent to
the described area.
^3—
sS
\(\ ^
V (Jfficf: ot County Recorder
County of Otter Tail
I hereby certify that the vyithin Instrument was filed for recprd in this office ori. the^„._^j^,..^day of
and Wif(s duly Microfilmed as
County Recofsrer
____^Deputy
■ «*
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TERRY LEE ANDERSON LAND SURVEYOR
923 South Oak Street
Fergus Falls, MN 56537
Phone/Fax: 218-739^920
PARCEL D
That part of Government Lot 1 of Section 30, Tov/nship 133 North, Range 38 West, Otter Tail
County, Minnesota described as follows:
Commencing at the Northwest Comer of said Section 30; thence South 00°54'05" West (Assumed
Bearing) along the West Line of said Section 30 a distance of 440.00 feet; thence South 88“24'28"
East a distance of 490.00 feet to the point of beginning; thence continuing South 88°24'28" East a
distance of 150.00 feet; thence South 00°54'05" West a distance of 693 feet more or less to the
shoreline of East Battle Lake; thence southwesterly along said shoreline a distance of 169 feet more
or less to its intersection v/ith a line that bears South 00°54'05" West from the point of beginning;
thence North 00°54'05" East a distance of 756 feet more or less to the point of beginning.
Containing 2.55 Acres More or Less.
Together with and subject to an Easement for ingress and Egress purposes, said Easement is
hereinafter described as Easement B.
Also subject to any other Easements or Restrictions of record.
Together with the following easements and also reserving rights
forever for the Grantors
easements and for an ingress and egress road easement as described
below.
their heirs and assigns for utility
;A 66.00 Foot Easement for Ingress and Egress purposes over and across part of said Government
Lot 1. The centerline of said Easement is described as follows:
Commencing at the Northwest Comer of said Section 30; thence South 88"24'28" East (Assumed
Bearing) along the North Line of said Section 30 a distance of 1595.00 feet to the point of beginning
of said centerline: therrce South OO’OI’OO" East a distance of 50.00 feet; thence southwesterly along
a tangential curve concave to the northwest a distance of 182.38 feet, said curve having a central
angle of 58'23'41" and a Radius of 178.95 feet; thence South 58°22*41" West tangent to the last
described curve a distance of 1125.99 feet; thence on a bearing of West a distance of 45.00 feet to a
point hereinafter referred to as Point A; thence continuing on a bearing of West a distance of 178.62
feet and said centerline there terminating. The sidelines of said Easement are to be lengthened or
shortened to terminate on a line that bears South 00'54'05" West from the pant of termination of the
afore described centerline and the South Line of the Township Road along the North Line of said
Section 30. Together with that part of said Government Lot 1 of which lies within the circumference of
a 60.00 foot circle. The center point of said circle is the afore described Point A.
I hereby certify that this Survey, Plan or Report was prepared by me or under my direct
supervi»on and that I am a duly Registered Land Surveyor under the laws of the State of
Minnesota.
;
iJif
'■
TeizjF^M Anderson (Minnesota Regi^ration Number 14676)
Dated: _____