HomeMy WebLinkAbout31000300210013_Conditional Use Permits_07-05-1995Conditional Use Permits
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C0NDITI0NAPt3§e^l*ERMIT 0 I' ^ ^ ^
IHUjSV.APPLICATION FOR
Shoreland Management Ordinance
Otter Tail County
Fergus Falls, Minnesota 56537
Receipt No.i.
oo76 —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 30y 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.OJP rooud
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
00x9 EyU
SCHEDULED HEARING.
June 8 95Application dated 19
Signature Of Applicant
- DO NOT USE SPACE BELOW -
ijitUi 5
> u
19^Date 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,
o-z-^ - tabled so that the Planning Commission can complete an EAW Needs Determination in orde
10-4-95 - OVER - V’OWr'./Xj£)Chairman
The County Board of Commissioners on thi.c; 1 8f-.h day of April
Denies the request.
---------------- Approves this request as recommended by the Planning Commission.
-_____X__ Approj^&^s followl^:
See(^ttachei
19a£L , hereby:
Chairman
copy Of the motion from April 16, 1996, minutes.
Conditional Use Permit issued/n ac(ice withbcompliance with existing Conditional Requirements and Special Regulations and
1 . 19 ? ^Minnesota Commissioner of Natural Resources notified this.day of.
5^X5
Land & Ftesource Management Official
Otter Tail County, Minnesota
CONDITIONAL USE PERMIT NOl
L\h 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 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 SJRance 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....
O 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.
No building, road, sign, billboard, utility or other human-make structure shall be placed in
this area.
No trash, waste or other offensive material, soil or landfill shall be placed upon or within
said area.
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.
No aquatic vegetation shall be removed from the area of East Battle Lake adjacent to
the described area.
A.
B,
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C.v9
D.
E.
V Officf; Of County Recorder
County of Otter Tail
I hereby certify that the within Instrument was filed for recprd in this office ori.,the.,„_^j^„^day of
s^duly Microfilmed asand
Ccunt\/ Recorder
..„0eputy
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