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Home My WebLink About31000300210007_Conditional Use Permits_07-05-1995Conditional Use Permits Barcode 128 APPLICATION FOR CONDITIOnXP9§^F%RMIT QV /nu'SShoreland Management Ordinance Otter Tail County Fergus Falls, Minnesota 56537 ■jt 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 # Lot 1 of Section 30, T133, R38, Otter Tail County, MN.Gov.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. ”Th^ occ.-fSide^ r\rihi oC d'kue. foevd I's (g)at6acK^/£il-6 on te C'l'V- 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. 'M)0xS ByU [L^—^ June 8 95 ’/7Application dated 19 Signature Of Applicant - DO NOT USE SPACE BELOW - Q 5 *7 (? 19 *^5Date 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 also stake the areas so that the Watershed issues can be addressed. ~ iabied so that the Planning Commission can complete an EAW Needs Determination in orde 10-4-95 - OVER 7^Chairman The County Board of Commissioners on this 16 th day of April Denies the request. ---------------- Approyse-this-4;equest as recommended by the Planning Commission. -------X__ A^iproves as folios: 19Rh , hereby: Chairman *See^ttacmec|) copy of/the motion from April 16, 1996, minutes.04^, Conditional (6 PemiitdsBued in accord^n6e witibcompliance with existing Conditional Requirements and Special Regulations and J^r[ [, 19-1 ^Minnesota Commissioner of Natural/Resources noticed this.day of. Land & Rbsource Management Official Otter Tail County, Minnesota CONDITIONAL USE PERMIT NO.. ' ((Date/lnltial)^mailed copy of Application to Applicant. 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 Ck)unty 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. <o 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 ■r 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.... 2:: 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. L3~ V otficf! ot County Recorder Ptv County of Otter Tail I hereby certify that the within Instrument was filed for recprd in jhis office ori.the.,„..,_^j^_day of and ms duly Microfilmed as [ .) Count),/ Recorder __^Deputy * *V BAYSHOHE CHo/tD aeAX/ffcARCCHOXOcuxve DEL FA Jf/GL€XJOfUS 5 29-10 SO ‘rIS2. 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