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HomeMy WebLinkAbout14000020008010_Conditional Use Permits_07-21-2004Conditional Use Permits 1 Barcode 128 1 'ZizooH 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*** jj4f 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 air,yt L06.y^/Viy/ cirXn?^i ^ox^ rd’. it, P/^//y ft dr lot on 5t'df o^Ouxel -fe jjctf !\?y an &it0£tf,on o3jy, j<.tr&' iOf^< if)i'-der\a^ H\€ <Xh\jt'iPci^ 33.CLXitd-3 he dv h/I H\e fOtO '>mv /0i eACed-iod- /(ha/I be^cOeeA 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^ <0 \aJi\ 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 < 21’ \ 1 20’ 100’ Low A'ea Average depth of 3’ Knolt between lake and construction V too- Marion Lake - PutrSe TH^ <CvfP f=a(i /ni'ii<L d- OT^oi'ni UJC^^UL TtS/Zd TV^'y^ TO Of^fiirri m ihvt<T $£.£■ 7H£ c:a/16 It) TVi: ujecnis 72? 'Yl^A^iCS 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 ^ ujeouL l{C\ ♦ flu. Ulj SPt>T Action / Com merits. ,-. «>^. Llrj£S fic Utit«i 'U j. 4 a/^T"ii' Date g;.; Action/Comments. Date L&R Official Action/Comments. L&R OfficialDate Action/Comments L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. 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).