HomeMy WebLinkAbout14000020008010_Conditional Use Permits_07-21-2004Conditional Use Permits
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962689 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__
was filed/recorded in this office
962G89
i5.5K3rM_recording fee
iJ_well certificate
for
y Recorder
------Deputyby:
THE ABOVE SPACE iS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537
(218)739-2271
***COMPLETE THIS APPLiCATION IN BLACK INK***
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Application Fee.
Receipt Number
Accepted By / Date
PROPERTY OWNER /Tj O. n d Ju ADAYTIME PHONE 3
ADDRESS I {'!,)'>'A ('*>■ [iJnnrLhiAj'y^ tY) \‘C ________
LAKE NUMBER-^ 3 LAKE NAME P^UI^l O
SECTION 0 9^ TOWNSHIP
PARCEL NUMBER I 4 Ob OCj ^ 0009^0 I 0
&DLAKE CLASS
I 3b7 k( RANGE 70 LL' township NAME Oczu.L If e_^
E-911 ADDRESS > k hit
LEGAL DESCRIPTION >P"[^ Cx i— cX (LCd'"^ A/uZ CO^ 6'^ <2.00 / c) "P I SO
> /Suit' 6 L‘e> D e^r-(^oi' To/\j tA.y A io7 ro /tor^^c l/7
Pj^ f\XL 5 03 POO' !\J io3 00Cr w 3m' TO 60 (PaXci^l
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
Topographical Alteration^ (2) Commercial Use (3) Cluster Development (4) Extractive Use (5) Industrial Use
(6) Forest Land Conversion (7) Miscellaneous
EXPLAIN YOUR REQUEST Culv/e/^ ofTr 30,5 iUi^xLAc, fo
Vcacl UXe OJc^f l.ne. cA d 5c.ith^ /cr ^or ^ic>Ac^
//) sOtHhe U.'M £<-^ooT 0^\ie.^Uiy Ct-^&uU-ion
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dr lot on 5t'df o^Ouxel -fe jjctf !\?y an &it0£tf,on o3jy, j<.tr&' iOf^< if)i'-der\a^
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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 & RESOURCE MANAGEMENT REGARDING THIS MATTER.
yOrr? cU/yA'lf'.A
SIGNATURE OF PROPERTY OWNER
APoP -2 J - .2. 7jL
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
BK-0600-006 306.909 • Victor Lundeen Co.. Printers • Fergus Falls. MN • 1-800-346-4870
Date Of Planning commission Hearing Time
Planning Commission Motion
Juiv 21,2004:
Motion: A motion by Boyer, second by Maske to approve as requested with the
condition that an erosion control plan is provided to and approved by Land & Resource
Management.
m
Chairman/Otter Tal County Planning Commission
County Board Action
Approved As Recommended
_______Denied As Recommended
Other
Chairman/Otter Tail County Board of Commissioners Date of Final Action
6 iSTpCONDiTIONAL USE PERMIT #
L & R Official / Date
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management
Copy of Application Mailed to Applicant And MN DNR
^ L & R Official / Date
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT: Mark and Judith Wedul
7071 Sherwood Ct.
Woodbury, MN 55125
HEARING DATE/LOCATION: July 21, 2004 at 9:30 P.M. **
Commissioner's Room,
Government Services Center
West Fir
Fergus Falls, MN 56537
CONDITIONAL USE PERMIT APPLICATION REQUEST (AS STATED BY THE APPLICANT):
Build approach (60 yards) with culvert off 385'^' Ave. according to Dead Lake Township
specs. Build driveway from west line of parcel along south part of lot for a distance of 550
feet in length. Driveway shall be 20 feet wide with a 16 foot road surface. Driveway
construction shall consist of tree removal (approx 80 trees) and adding 4 inches of gravel
(170 yards) to driveway area for the first 400’ moving east. At the crest of the hill we
request a 3 foot deep excavation for the remaining 150’ x 20’ of driveway. Excavated sides
of driveway shall be stabilized and retained according to Land and Resource Management
specs. Finally a request to fill low area of lot on east side of parcel equal to but not greater
than an elevation of adjacent lots. Material excavated from the driveway (approx. 320
yards) shall be used to fill the low area. An additional(1000 yards) of clean fill material will
be required in low area for final elevation. There is an existing knoll between the OFIWL
and construction.
LAKE NAME/NUMBER/CLASS: Marion Lake (56-243), GD
E-911 ADDRESS: N/A (1=' spot N of 39576 385'^ Ave)
LEGAL DESCRIPTION: Pt GL 2, Parcel F, Section 2 of Dead Lake 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 7. 2004Bert Olson
Mailing DateChairman Planning Commission
0^- 10
385th Ave.
li Approach and cuI^o^q,
(Xs«- Aff^
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2Y
2.51 Acres
400‘
Remove trees and add 6?nchas of grovel
803
40’
Crest of hill
15)’
Begin cut and bring material into low area
Retain ond stabilize side cuts
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21’
\
1 20’
100’
Low A'ea
Average depth of 3’
Knolt between lake and construction
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too-
Marion Lake
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NO.472 P.2/2LEXINGTON EYE3:13PMSEP. 9.2004
G^fo( f(t*^
September 8, 2004Mr. Bill Kalar
Land fii Resources
Otterlali County, MN
Dear Mr. Kalar,
This letter outlines our plans to deal with any potential land erosion issues
resulting from road cuts, grading and lot fill at Parcel # 14000020008010,
395XX 385™ Ave., Dead Lake Township (Twp. 132/Range 040/Sec02).
A prior plan was sent by Chuck Watkins of Watkins Excavating to Land And
Resources by fax. It was apparently lost. Please acknowledge receipt of this fax
by either emailing me at wedulmd@pQl.net or faxing confirmation to (651) 646-
7419, Lexington Eye Associates.
The plan for a 3' cut for the 20' wide roadway and 1000 cubic yards of fill to be
placed on the building site has been previously outlined in the grade and fill
permit approved by the county. The 8% slope will be exceeded for
approximately 200 ft. We Intend to place 4-6" of recycled ground asphalt on this
section of the road to ameliorate any potential erosion of the base. We intend to
apply Polypavement on the slope cut next May after the last frost date. This
product needs to set without frost and should not be affected by road salt in that
location. Please refer to www.polypavement.com for more Information.
If the slope cut is unstable after the application of Polypavement we will have a
contractor place rocks on the road edge. We are presently getting estimates
from Van Watermulen and other landscape contractors In the event that this
becomes necessary.
This letter should outline a plan that will comply with your requests. Please send
the Hard Card permit directly to:
Chuck Watkins
Watkins Excavating Fax # (218) 342-2536
29867 440"^ St.
Vergas, MN 56587
Please f^ a ^opy of the Hard Card permit to me at:
Mark V.
Lexington Eye Associates
393 N, Dunlap Suite # 725
St. Paul, MN 55104
ul, M.D. Fax # (651) 637-2778 Office # (651)-646-74l9
Sincerely,
Mark V, Wedul, M.D.
& FILE MEMO /Y\4/lC ^OVOlTr*
UjizO ULPARCEL #PROPERTY OWNER____________
RIVER/WETLAND NAME
Date L&R Official
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Action/Comments.
L&R OfficialDate
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L&R OfficialDate
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L&R OfficialDate
Action/Comments.
. Planning Commission
July 21.2004
Page 5
Bruce Bopp expressed concerns regarding impervious surface, the intention of the use (rental or
private) & the septic system.
Motion: A motion by Estes, second by Wilson to table the request to allow the Applicant time to
file a Variance Application. Land & Resource Management must receive a letter from the
Applicant requesting to be tabled, the letter must include the date which they want to be
considered, by 10:30 A.M., Tuesday, July 27, 2004. Voting: All Members in favor.
Brant Klepel & B. Mouritsen - Denied:
A Conditional Use Permit Application as stated by the Applicant: Excavate existing slope to
create a walkout lower level on existing home. The area to be excavated is 70’ x 40’ with an
average depth of 2’. The finished slope will be 3:1. Project will be more than 30’ from top of the
bluff and all drainage will slope away from the lake. Excavation of approximately 200 cy with
excess spoils hauled off site. 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), RD.
Branda Mouritsen, Brant Klepel & David Klepel represented the Application.
Norma Petchal expressed concerns regarding the bluff, impervious surface & run-off (her
property is lower). Steve Mouritsen questioned if there is a bluff onsite.
Motion: A motion by Sha, second by Estes to deny for the following reasons: 1. The proposal
is unclear as to the amount of excavation proposed. 2. There are no provisions for protecting
the downstream property owner from surface water run-off. 3. The plans are not clear as to
whether there will be an encroachment on the bluff setback. Voting: All Members in favor.
Mark & Judith Wedul - Approved With A Condition:
A Conditional Use Permit Application as stated by the Applicant. Build approach (60 yards) with
culvert off 385*^ Ave. according to Dead Lake Township specs. Build driveway from west line of
parcel along south part of lot for a distance of 550 feet in length. Driveway shall be 20 feet wide
with a 16 foot road surface. Driveway construction shall consist of tree removal (approx 80
trees) and adding 4 inches of gravel (170 yards) to driveway area for the first 400’ moving east.
At the crest of the hill we request a 3 foot deep excavation for the remaining 150’ x 20’ of
driveway. Excavated sides of driveway shall be stabilized and retained according to Land and
Resource Management specs. Finally a request to fill low area of lot on east side of parcel
equal to but not greater than an elevation of adjacent lots. Material excavated from the
driveway (approx. 320 yards) shall be used to fill the low area. An additional(1000 yards) of
clean fill material will be required in low area for final elevation. There is an existing knoll
between the OHWL and construction. The property is described as Pt GL 2, Parcel F, Section 2
of Dead Lake Township; Marion Lake (56-243), GD.
Chuck Watkins (Watkins Excavating) represented the Application.
Motion: A motion by Boyer, second by Maske to approve as requested with the condition that
an erosion control plan is provided to and approved by Land & Resource Management. Voting:
All Members in favor.
OTC Board of Commissioners’ Minutes
July 27, 2004
Page 4
recommended by the Planning Commission. The property is described as S Lot 5 of
Government Lot 3, Section 24 of Buse Township; Swan Lake (56-781).
Conditional Use Permit - Curtis E & Lisa J Malecha:
Motion by Lee, second by Block, and unanimously carried to approve a Conditional Use
Permit to allow the fill approved on a previous CUP be taken from onsite with conditions as
recommended by the Planning Commission. The property is described as GL 2 lying ELY &
SLY of Foil Line...(Jewett Lake Resort, 18.61 AC), Section 24 of Elizabeth Township; Jewett
Lake (56-877).
Conditional Use Permit - Greenwood Lake Aire Villas/Dennis & Dorothy Merchant:
Motion by Froemming, second by Mosher, and unanimously carried to approve a Conditional
Use Permit to move a cabin temporarily and construct a basement. The property is
described as Greenwood Lake Aire Villas, Condo #18, Lots 3 & 23 Bk 1, Section 29 of Otter
Tail Township; Otter Tail Lake (56-242).
Conditional Use Permit - Dana Craig & Juanita Ann Rastedt:
Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use
Permit for earthmoving to construct a road with conditions as recommended by the Planning
Commission. The property is described as Pt GL 5, Tract G, Section 32 of Maplewood
Township; Anderson Lake (56-716).
Conditional Use Permit - Three Lakes Resort/Ed & Kathy Thompson:
Motion by Block, second by Mosher, and unanimously carried to accept a letter from the
applicant waiving the 60 day rule for a decision on the request. This CUP request was tabled
by the Planning Commission. The property is described as Lots 53, 54, & 55 Deer Lake
Retreat and that Pt of Lot 56 according to recorded plot. Section 6, Everts Township; Deer
Lake (56-298).
Conditional Use Permit - Brant Klepel & B. Mouritsen:
Land & Resource Director, Bill Kalar, stated that the Planning Commission recommended
denial of this CUP request for several reasons as cited in the minutes. Applicant,
David Klepel, submitted a letter to the County Board asking for reconsideration of the reasons
for the denial and to override the recommended denial of the Planning Commission. After
review of the handout and affirmative action by the applicant to waive the 60 day rule,
Commissioner Mosher offered a motion to send this CUP request back to the September 8,
2004, Planning Commission meeting. Neighboring property owners expressed concern
regarding drainage and total impervious surface. Commissioner Froemming seconded the
motion. Chairman Nelson called for a vote. Motion carried unanimously. 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 - Mark & Judith Wedul:
Motion by Froemming, second by Block, and unanimously carried to approve a Conditional
Use Permit to build a driveway with a condition as recommended by the Planning
Commission. The property is described as Pt GL 2, Parcel F, Section 2 of Dead Lake
Township; Marion Lake (56-243).