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HomeMy WebLinkAbout14000210173000_Variances_04-06-2000'D^IC^IZOCO OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I h6r6by cGrtify ^IQ this instrument # filed/recorded in this office 17 day of ________ ^ 2000 at 11-.00 fg^pm Wendy L? Metcalf, County Recorder ' ' « - - ///7 ___geptrty was for record on the8G21^3 recording We well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 COMPLETE THIS APPLICATION IN BLACK INK***I^QCL lEihMM. 21S-3-IG-IRRK Application Fee Receipt Number 0^Richard Pn^Lublati lOi! ,Sf- SE C^eh(3jri 3£03> PROPERTY OWNER DAYTIME PHONE ADDRESS 7^^-32-4 U nncLmed-^LAKE NUMBER LAKE NAME LAKE CLASS J3S M m .41 ni'i'Uihf)N noh !i\ 6nTrm LEGAL DESCRIPTIONlilw'/H Stc 21 foVz AJ£ Kt Strc2i 2//y^ L-iQiCJ:^SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER FIRE/LAKE I.D. NUMBER TUjp /^3 ¥0 Toop /35 ^ j TYPE OF VARIANCE REQUESTED (Please Check) -■>structure Setback Structure Size Sewage System ClusterSubdivision Misc. SPECIFY VARIANCE REQUESTED u ■Requesting a variance in set back requirement's to build a home on property I own in Dead Lake township. I bouglii this property this past year fcr the purpos» of building ^ ho:-.> in this location. At the time I was not aware of any restrictio.i ; as to where I could build on my property. I Intended to build in the center of the property (240 acres). My property extends for approx­ imately 1000 feet in every direction from my building location. Without knowing there were restrictions to where I could build, I dug the basement for my future home. Because of the great distance from the site to the actual lake, over 100 feet of rushes from high water mark to lake. These seem to be more than adequate natural filtering syrtem. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER....» ;f V i-g>0 SIGNATURE^F PROPERTY OWNER reG^^ed £ APPLICANT MUST BE PRESENT AT THE HEARING MAR - 2 ?noo(Applicant Will Receive Notification As To The Date/Time Of Hearing) v'w land & RESOURCE April 6, 2000 Page 7 / x;J \-'j Ci. ' !V' u J'm)S'Accepted By Land & Resource L & R Official/D4te P/T).V'-TimeDate Of Hearing Motion Richard Palubicki - Denied Motion was made by Randall Mann, second by Les Estes and unanimously carried, to deny the variance as requested noting the following: 1. the letter received from the Department of Natural Resources, 2. the proposed structure would be visible from the lake, 3. the fact that the applicant has a large parcel with other sites available that would meet the required setbacks, and 4. no adequate hardship had been shown that would allow for the granting of the variance as requested. I CJ^irnTan/Ott^ Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No LR Official/Datfi Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota April 6, 2000 Page 4 Richard Palubicki - Denied Richard Palubicki, Perham, MN, requested a variance “in setback requirements to build a home on property I own in Dead Lake Township. I bought this property this past year for the purpose of building a home in this location. At the time I was not aware of any restrictions as to where I could build on my property. I intended to build in the center of the property (240 acres). My property extends for approximately 1000 feet in every direction from my building location. Without knowing there were restrictions to where I could build, I dug the basement for my future home. Because of the great distance from the site to the actual lake, over 100 feet of rushes from high water mark to lake. These seem to be more than adequate natural filtering systems.” From the applicant’s drawing it appears that the proposed dwelling will be 212’ from the lake and 112’ feet from the rushes. The property is described as the West Half of the Northeast Quarter and the Northwest Quarter, Section 21 of Dead Lake Township by an unnamed lake. A letter from Terrence Lejcher, Area Hydrologist with the Department of Natural Resources, opposing the applicant’s request was read for the record. Mr. Lejcher noted that substantial work had been done without proper permits, adequate room exists for development that would not require a variance from the required setbacks, granting a variance would establish a precedence and there is no hardship to justify granting the variance as required by Minnesota Statutes 394.27 Subdivision 7. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Les Estes and unanimously carried, to deny the variance as requested noting the following: 1. the letter received from the Department of Natural Resources, 2. the proposed structure would be visible from the lake, 3. the fact that the applicant has a large parcel with other sites available that would meet the required setbacks, and 4. no adequate hardship had been shown that would allow for the granting of the variance as requested. Corrine Thom and Irene Arends - Approved with condition. Corrine Thom and Irene Arends, Brooklyn Park, MN, requested a variance to enclose a 12’ by 20’ area of an existing 12’ by 36’ deck. A portion of the addition (East Side) will exceed string line. Structure will be approximately 50.5’ from the rip-rap on shoreline. The property is described as Lot 10, Block 1, Pikes Beach, Tamarac Lake in Scambler Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Les Estes, second by Steve Schierer and unanimously carried, to approve enclosing a 12’ by 20’ portion of an existing 12’ by 36’ deck with the condition that before a site permit can be issued the existing boathouse must be removed. Even though the area proposed for enclosure is ahead of the string line the members of the Board of Adjustment felt that requiring the removal of the boathouse was a good tradeoff or compromise for the variance as requested because the area proposed for enclosure is already enclosed and the applicant would only be changing the type of enclosure and its use. It was noted that the existing enclosure is already ahead of the string line and the view from the neighboring properties will not be significantly affected by changing the type of enclosure. It was also noted that changing the use or purpose by altering a structure requires a site permit, which the office could not grant because the applicants’ proposal is ahead of the existing string line. DNR WATERS 1221 Fir Avenue East Fergus Falls, MN 56537 (218) 739-7576 Minnesota Department of Natural ResourcesMlS•o {/> IIJo "W-. ^'000 April 6, 2000 Chairperson Otter Tail Board of Adjustment Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Richard Palubicki Dear Board of Adjustment: After reviewing the above variance application on the ground, I would like to offer the following. An extensive amount of excavation and wetland filling has been done at this site, all without permits. In regard to this application in particular, basement excavation appears to be completed. However, there is adequate land suitable for dwelling location immediately north of this site that would meet the setback criteria. Even though Mr. Palubicki has excavated a basement, there is no hardship to justify granting this variance as required by Minnesota Statutes 394.27, Subdivision 7. Therefore, this office must go on record as opposing the granting of this variance. This lake has no visible structures nearby and such an inappropriate variance might set an improper precedent. Thank you for your consideration of my comments. Sincerely, Terrence R. Lejcher Area Hydrologist Region 1 Hydrologist Bill Kalar Traci Hanson Kyle Westegaard c: DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste DNR WATERS 1221 Fir Avenue East Fergus Falls, MN 56537 (218) 739-7576 Minnesota Department of Natural Resources mstnlij 5 :> RECEIVED APR 1 0 2000 LAND & RESOURCE April 6, 2000 Chairperson Otter Tail Board of Adjustment Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Richard Palubicki Dear Board of Adjustment: After reviewing the above variance application on the ground, I would like to offer the following. An extensive amount of excavation and wetland filling has been done at this site, all without permits. In regard to this application in particular, basement excavation appears to be completed. However, there is adequate land suitable for dwelling location immediately north of this site that would meet the setback criteria. Even though Mr. Palubicki has excavated a basement, there is no hardship to justify granting this variance as required by Minnesota Statutes 394.27, Subdivision 7. Therefore, this office must go on record as opposing the granting of this variance. This lake has no visible structures nearby and such an inappropriate variance might set an improper precedent. Thank you for your consideration of my comments. Sincerely, Terrence R. Lejcher Area Hydrologist Region 1 Hydrologist Bill Kalar Traci Hanson Kyle Westegaard c: DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing Minimum of 10% Post-Consumer Waste DNR WATERS 1221 Fir Avenue East Fergus Falls, MN 56537 (218)739-7576 Minnesota Department of Natural ResourcesMl received APR 1 0 2000 s c/)UJO5 lands RESOURCE April 6,2000 Chairperson Otter Tail Board of Adjustment Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Richard Palubicki Dear Board of Adjustment: After reviewing the above variance application on the ground, I would like to offer the following. An extensive amount of excavation and wetland filling has been done at this site, all without permits. In regard to this application in particular, basement excavation appears to be completed. However, there is adequate land suitable for dwelling location immediately north of this site that would meet the setback criteria. Even though Mr. Palubicki has excavated a basement, there is no hardship to justify granting this variance as required by Minnesota Statutes 394.27, Subdivision 7. Therefore, this office must go on record as opposing the granting of this variance. This lake has no visible structures nearby and such an inappropriate variance might set an improper precedent. Thank you for your consideration of my comments. Sincerely, Terrence R. Lejcher Area Hydrologist Region 1 Hydrologist Bill Kalar Traci Hanson Kyle Westegaard c: DNR Information: 651-296-6157 • 1-888-646-6367 • TTY; 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone; (218j 739-227J Court House FERGUS FALLS. MINNESOTA 56537 February 25, 2000 received (lAPR - 9. ^nno Richard Palubicki 106 Jake St. SE Perham, MN 56573 land & RESOURCE RE: Variance Application, Unnamed Lake (56-324). Dear Mr. Palubicki, Upon reviewing your application for Variance (received P'ebruary 24, 2000) . I found that you failed to specify (written explanation) the Variance(s) you are requesting. Since this is the case, I am returning your incomplete application for Variance, your check, #2035 in the amount of $150.00 (application filing fee) and your scaled drawings (1 original and 6 copies). Once you have completed this application, please return it to our office for processing. If you should have any questions regarding this matter, please contact me. Sincerely, Bill Kalar Administrator BK/mls "1 DEAD LAKE L T.135N. - R.40W.7,U EDNA pG.30 ‘^“'5 1 JS-iS \ ^-v a:ji ■,.fohr\ /"'kir^rc ^ ,.S>i^r/idge'• X'Tv-^rr <* . ,/vLl ’ O/fTtU'S SlCX*t &QJ\K. 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Ann «0 £41/ e Cary IS Lcin Olan&rd (Syuia. nalcoim 6eorqe Oon <tr Richard * kdJterme/ euaf 1602yer/ncta tdtaJe I \^DonK mSCi /6D«I KoOarAtXT^CiSO/ I Kramer \ /57 0\6hijcn ,f IW JO 0 I5F5 80 ©&CL nl®cpr \Ronne^Pd/)da.ll d.then r Myron < Lmda Ouanej (CJcD \ Eohnej HichacJ fidniT) 80 \UnitedLAK£MkUCOlm158.06Q v^borldrren ^^CJuh0 LiTiihey ai#o/. of Mn 23U efa/. 80tZO160120 R £00 ©BV*-■3T®/© /■J/V5 y nuteod F" J Morici IflaJcohn In nos I TVS 3©0Robert ^ Ca \9‘i33^ Pa fenLJi/Jhfe. Area.itO.IS ^potJtrni m-kz ®[AUJlian-1® •n Vi27526Mf/vt- I iCSAune-i St $• a&<4 fTiSa‘'<C*9 lJeale.u^>k Setujard VJ <5 tom lU 2ris .^5\ \lAtc£n *■ 4 MoruJc2sn/^y TTjT}2v*>/'7 p//7<70420/:_ ^^^mUdurtct VO HZ toto to J/ tl Stanford ( iSu/oia nalrolm 7 IP" ]T’Pdtr\ i 8u.th Fabiar^ 3tH I Eranos iShermah ^Jerome. ( Axtriua • Rust Q.^ ^ I /lE<■+■/Hb Robert < Jklans . Luedtkej lAlb/AAl SAY ~-^MhercAL,JOrayrxbtaa SO34Sealnce. Jamei J)auiS , Peter EadianJOLLOoe * Marion J5on!e^ 809 JbO rondr/tS ;Wy ,//.4:iC^2___ JhnaLd <li 7i,Vg14MonoJames t L 6/enda, p Uei\J SitiJtnJiiihe . MCL |>0 ®/Robert Olson105.88 Medstrom9IRobertsEuJhuanOitbOS200BASSWOkz-b HZ30n• VO AMORVG. 117 % : I 1 n /)as:feetJnch(es) equals.grid(s) equals feet, or§cale;_t.r *s it 3. -p-a -oo*Dated Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, sideyard, seivage system, top of bluff and existing structures. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) ignature + %X 100 Total LotTotal Impervious Surface Onsite (FT2)7K(FPT^. - j... 4-I -I-r —1 - 4-4—- *t -I 1.4- -1 +i 1 +44 I-T I ^—+--4- t r 1 -i r t4__t T j. \4. r-'--jt t f-i1 -4---r--I4-TI-4-t- 4- i-.. i411-;---I__1 ■r + -L-UJ- ! i :■ i ri/t:\\d-4- 1 1 4 4-t- 4 RECEIVED MAR - 2 2000 II 4-- r I -+fLAND & RESOURCE i.n 4 r'B£c< ff ? 2.4 2S00 4 ritr- + 0.1- ■4 VH/ 4-4 4- -t +tFerous Falls. MN • t1-800;3464870Vicior Lundeon Co.. Printers296.179BK — 0599 -- 029 r 1 1I _i_ fDICKPALUBICKI Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Richard Palubicki 106 Jake St. SE Perham, MN 56573 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter TaN County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 6, 2000, at 7:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s office:prior to the date of the public hearing. The property concerned in the application is legally described as the West Half of the Northeast Quarter and the Northwest Quarter, Fire# Section 21, Township 135, Range 40 - Township Name - Dead Lake Lake No. 56-324, Lake Name - Unnamed, Class - NE The variance requested is: a variance “in setback requirements to build a home on property I own in Dead Lake Township. I bought this property this past year for the purpose of building a home in this location. At the time I was not aware of any restrictions as to where I could build on my property. I intended to build in the center of the property (240 acres). My property extends for approximately 1000 feet in every direction from my building location. Without knowing there were restrictions to where I could build, I dug the basement for my future home. Because of the great distance from the site to the actual lake, over 100 feet of rushes from high water mark to lake. These seem to be more than adequate natural filtering systems.” From the applicant’s drawing it appears that the proposed dwelling will be 212’ from the lake and 112’ feet from the rushes. Boar^of Adjustment SecretaryDate: March 17, 2000 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 20th, day of March, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Richard Palubicki, 106 Jake St. SE, Perham, MN 56573 Vicky Genoch, Dead Lake Twp Clerk, PO Box 102, Dent, MN 56528 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Leslie Estes, Box 358, Battle Lake, MN 56515 Mark Steuart, RR 1 Box 82, Richville, MN 56576 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: March 20th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud I1' t ^ Vrvn-^ (SC-3^1) ( ,^»T-»rfw>-. -4 /3—J >i 06 5 /t (f 3 j2<w£U^ii IT:t4r z>«^i£:FT 0?^; i myvi-'mi 1yi: •V I iV M-C.A J !o y-YsAJS^ C /-ff? ^ ^900^ I«*'.?■ I 1 */(xce-vcew- t # 1 .1'(I (9 d>fiujLA^/UAA- ] ;m•umt I,'(?■....ji m i Iw!i'I3^ ■i.i Ii\*5^!>!> IP ‘ii.'! 3^>■/3<? V-I ll«?!:i ^is‘,li y/t ' '' ^ 'V, ■/ / " ^'' -W/, f\:x CATT'^"'^ !\:\i I'/(I';:7 \\j'i% '•V, ■ -'. • /■ X \^ir //'j: 0li i.{ X'*J i ■ ■ / y'V% . Si-1 , frj :■mrI/?■-;■■=' \i.'- / i /■y 1 ujypfli. ■ i?:1.i-.-■V •I*" y-, !■ f I -1. -■y. ■V ; .( •?/ ei/ C^<vL^cf r rtfVfOf <;qj><^ |4 (i. ^^ ^ L ;T J. 4w^z / w /c>j?j i' .'5 ^ 4 Vc>/f (/JC A dv^-I dv^t Ad ©-»■ (J «'4 ^ C < {y r5 'V(d\UC i\ U <o V • *; f |c>'^ A 'i U> <■ ^ mm i'.4 v»" •-*- * -!!:^#I3 31 -- • • :1(1.2.<«^1iL^'cSss «t.»55a R'-*-a.ti* '.nimd I •j* •s.i-?'V - Xi} * •. Sin M '•;-smm-5-. m ir - * i fSs -,.■•<• :t^ :*.--5?5ws:?iisr^'T mim.at: y 7<.«. -!, ...' 1: 'i«Kldli.^«i,*-Jt<''* SiVCs vieuyc£> on l/i&jcc f]OQ\T\0h/l^L S"/^ fb^,4Q fiH K-«w( i nv ‘ v.^ ■ ' r ' #■ i ... a‘■^ 1 / ’I -I i Ii f\($> fi '■r- \it■ H /■ r f'* i r~ > -\/'■V.I •>\ (I ^ r> 0 l/> V 1 ■ • > » I, -r- 3 h \Date _ L&R Official Action/Comments }7y-L^f / (j )■<- ^ ^ ^xjlrc^d.)7u,¥• -r -'««' I > y •-*''1 9,.«? t ..../:T .../^ ■L-"••-t.<• I,■# ISC^si iDmartment of AGEMENTLAIVD & RESOURCE M COUNIlY OF OTTER nRIL P^e: (2(8) 739-2271 \ ^urt House \ FERGUS FALI^. MINNESOTA 56537 \ July m, 2000 Walter WilBams 5145 WashbWn Ave N Minneapolis MN 55430 nit (RCU) \mhout Permit, Star (56-^5)RE: Recreational Campin Dear Mn/williams,7 />/:kAs part of our ^ptic System Abatement Sun^ey of Starf I visited - your property on July 6. 2000. At that\me I noticed-a Recreational Campmg Unit (RCU) ^cated on your propfes^^. A. check of oit files does ; ; not shovK any permits\^aving been issued forttds RGU. \ Pleasei^ntact me by^^^gust 1, 2000 so we chn discuss how to deal with this situation. | \ Sincerely, George Hausske Inspector H/jlt Date_3//£^!__ Action / Comments JJ) ir) L&R Official ^i:‘ /■ i,l 4.7 (-'^.■t.<^-~e.y».4-c.Ul/;-. llloloi -MSh /Ixr r'y., \ 'i-'-^.if(iiji. *: v> <;/•ft, * ' .''I, Department of \ LAND & RESOURCE MANAGEMENT COU^Y OF OTTER TAI f Phone: (218)739-2271 V Court House FERCtSfcS FALLS. MINNESOTA 56537 1 a July! 18, 2000 Michael Juoge 2925 17th Minneapolis MM 55407 RE: Recreational Camping Unit (RCU) Withou-CPermit, Star (56-385) #■ Dear.Mr.dge.V Ms part of our Septic System Ahatement Sui*vey of Star, I vi^fe^ your property on July 26, 2000. At?Chat time I noticed a Recreational Campmg Unit (RCU) located on your property. A check of our files doe not shW any permits.having been issued for this RCU. A Ptea^^ntact me August ITQ^O so we-can discuss ho^to ■ \ deal with this skuation. Sincerely, George Hauss^ Inspector /T GH/jlt F-' 5* r OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT i' 121 W. JUNIUS, FERGUS FALLS, MN 56537 . (218)739-2271 . < MEMORANDUM ■ TO:Michelle Eldien Assistant County Attorney Kyle Westergard Inspector i !i FROM: DATE:August 9, 2000 RE:Violation Chronology Richard Palubicki, NW1/4 & W1/2 NE1/4 Sec 21, Dead Lake Twp - Unnamed Lake (56-324):! 08/26/99 On site with Mr. Palubicki and with Wetland Technical Evaluation Panel 08/27/99 Conditional Use Permit (CUP) Application sent to Mr. Palubicki. 01/??/00 Department of Natural Resources (DNR) received a complaint. 01/06/00 “Cease & Desist Order” issued by DNR Enforcement Officer. 01/10/00 Bill Kalar met Mr. Palubicki on site with representatives from East Otter Tail Soil & Water Conversation District (EOTSWCD), Board of Water & Soil Resources (BWSR) and the DNR. Violatipn #1541 issued by Bill l^alar for Grading/Filling without permit and basement excavation without a Site Permit., 02/02/00 02/24/00 Received Application for Variance from Mr. Palubicki. Application for Variance returned with letter from Bill Kalar.02/25/00 03/02/00 Received and accepted Application for Variance. 03/07/00 Bill Kalar and I were on site to measure and document size of fill areas. (Photos available for viewing in file, Land &; Resource Management) Variance denied by Otter Tail County Board of Adjustment.04/06/00 ■v . ; '// ; What we would like at this point is a letter from you stating that the following three conditions be met by September 1, 2000. ! 1.Restore all filled areas to original condition^ Fill in basement excavation to original grade. Re-vegetate all disturbed areas. 2.i3. i i ■'i ( T : MEMO RE^r-^V"ED AUG 2 9 2000OTTER TAIL COUNTY ATTORNEY 218/739-2271, Ext. 200 ' ‘.xCE TO: Kyle Westergard - Land & Resource Mgmt. FROM:Michelle Eldien DATE:August 28, 2000 RE:Office of Land & Resource Mgmt. vs. Richard Palubicki I have now had an opportunity to review your Memorandum and additional documentation regarding the above-referenced matter. I am prepared to draft a letter to Richard Palubicki giving him a deadline to bring his property into compliance. However, you indicated that you may be speaking with him and work something out. Please let me know if there has been any resolution of this matter, or if I should proceed and send a letter to him regarding compliance. DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 X^ESRGUS FALLS, MINNESOTA 56537 (218)739-2271 FAX(218)739-4630 ASSISTANTS BARBARA R. HANSON KAREN A. COOPER KURT A. MORTENSON MICHELLE M. ELDIEN JENNIFER L. LESSINGER INVESTIGATOR J. ALLAN ANDERSONRECEIVED September 5,2000 SEP - 6 2000 LAND & RESOURCE Richard Palubicki 106 Jake Street Perham, MN 56573-2100 RE: Office of Land & Resource Management vs. Richard Palubicki Dear Mr. Palubicki: The above-entitled matter has been referred to our office for consideration of criminal prosecution for your failure to bring into compliance your property located 3vithin the shoreland management area of Lake #56-324, in Dead Lake Township of Otter Tail County. Unless you bring your property into compliance by restoring all unlawfully filled areas to the original condition, filling in your basement excavation to its original grade, and re-vegetating all disturbed areas by September 15,2000, our office will have no choice but to file a formal criminal complaint against you. If you have any questions, please do not hesitate to contact me or the Office of Land & Resource Management. Very truly yours. Michelle M. Eldien MME:jj cc: Land & Resource Manag^ent ' Minnesota DNR Waters Field Survey Report -i OCT 2 4 2m Project UNNAMED BASIN (BATTLE LAKE)Lake No. 56-324 City NR. DENT County OTTER TAIL Req. No. 2001-24 Sec. 20,21 Twp. 135 I Rng. 40 Watershed OTTERTAIL RIVER SURVEY DATE: 10/4 & 10/10/2000 • :RECEIVED SURVEY CREW; Scherek, Woodrich, Schaffer OCT 2 7 2000 LAKE SIZE Meandered Area Acres Planimetered Area 151 Acres H Non-meandered □ Unknown LANDS RESOURCE DATUM ADJUSTMENT □ Assumed a 1912 □ 1929 □ 1988 Soxirce: DNR Waters at Dead Lake (56-383) CONTROL BENCHMARK Location: at natural outlet of Dead Lake (NE-S W-SW-NW, Sec. 32-135-40) Elevation: 1332.10 Description: disk in right abutment of dam, directly above gauge SURVEY WORK COMPLETED H levels □ topography □ cross sections H establish benchmarks h outlet elevations □ profiles □ other: a OHW ''I WATER LEVELS Highest Recorded: Lowest Recorded: Range: Water Surface: 1327.83 (10/4), 1327.79(10/10) OHWElev: 1328.1 Highest Known: OUTLET General Description: NE-SE-SE of Sec. 20 (highwater outlet only), over the top of an ice ridge to Dead Lake (no surface outflow, but some seepage was noted thru the ice ridge) (see next pages) Runout Elevation and Description: 1328.7, top of a 6' wide ice ridge separating Basin 56-324 from Dead Lake BENCHMARKS SET Location: at fill strip on Paulibicki property (SW-NW-SE-NW, Sec. 21) Elevation: 1332.70 Description: horizontal 3/8 X 8" spike 1.7' above ground in the south side of a 1.7’ oak, at S-SE toe of graded fill & 30'from edge of cattail vegetation ' Location: Elevation: Description: • Prepared By Title Date 10 23mooJohn M. Scherek S.C.S. 2A The O.H.W. level is based on the average reduced elevation of the 25 best trees of the 27 which we documented (oak, elm, ash & basswood, some of which are dead or dying). The average of 3 elevations we recorded at the landward edge of the cattail vegetation is 1328.2. No stainlines or washlines were observed. The water level of the basin is shown at 1327 on the 1973 USGS quadrangle. The water level of Basin 56-324 was 0.53' higher than the level of Dead Lake on 10/4/2000. As per the 1973 USGS quadrangle, the most obvious outlet for Basin 56-324 would be to Dead Lake in the NE-SE-SE of Sec. 20. At the point where the cattail fringe of Basin 56-324 is closest to Dead Lake, we found a 6' wide ice ridge separating the two. The top of the ice ridge at this location was at 1328.7 and there was noticeable seepage thru the ice ridge into Dead Lake. Upon further investigation, we found what appeared to be a continuous swale between the two, = 200' south of the above location. The probable runout was identified to be 1327.6 at that location, but there was no water in the swale. After evaluating the siirvey elevations in the office, it was noted that the • water level of Basin 56-324 was 0.2' higher than the probable runout elevation, but since there was no water at the runout location, there must be a higher point somewhere upstream which we did not identify, or the swale is not continuous. This will have to be investigated further, when time permits, to determine whether or not this is a functional outlet. The main purpose of this work request was to determine the status of 5 fill areas on the Paulibicki property on the north side of the basin, with respect to the O.H. W. level. All of the fill areas are located in the immediate or extended cattail fiinge of the basin. At each site we completed a series of cross sections to document elevations on the fill and in the adjacent wetland vegetation. Our survey information also provided approximate lengths and widths of each fill. Following are the locations of each site and the pertinent dimensions and elevations we found. The designation numbers are consistent with the numbering on the air photo taken by the Conservation Officer that was submitted with the work request. A fill strip located in the SW-NW-SE-NW of Sec. 21. The fill extends south = 100' into the cattail fiinge of the basin to open water and the adjacent elevations in the vegetation ranged from 1327.4 to 1328.2. The toe to toe width of the fill strip ranged from 17'to 36'. Site#l) Site #2)A fill for a trail crossing in the NW-SE-NW of Sec. 21. The fill runs generally west to east, is approximately 318' long and has top to top widths ranging from 8'-l O'. The elevations in the adjacent vegetation ranged from 1327.6 to 1328.2. A fill for a trail crossing in the NW-SE-NW of Sec. 21, runding generally SE to NW and = 227' long. Toe to toe widths ranged from 1T-18'. Elevations in the adjacent vegetation ranged from 1327.7 to 1328.3. Site #3) A fill strip (intended to be another trail crossing, but not completed), extending south = 150' into the cattail vegetation in the SE-SE-NW of Sec. 21. Elevations in the adjacent vegetation ranged from 1327.7 to 1328.2. Top to top widths ranged from 13'-14'. Site #4) 3 A fill for a trail crossing located in the SW-NW-NE of Sec. 21. The fill is = 222' long, extending E-SE to W-NW with top to top widths ranging fi-om 10'-14'. Elevations in the adjacent Vegetation ranged from 1327.6 to 1328.1. Site #5) As per our elevations, the majority of all 5 fill areas are located within the bed of Basin 56-324, though somewhat marginally so. If necessary, the survey information at each site can be plotted. Pictures taken. 1 200I-24.wpd ! 4 : ■/ , t / ■■ Boat R 5M5' PPOfeC St PFOIA PEMF UBPEM il PFD6C MEMO OTTER TAIL COUNTY ATTORNEY 218/739-2271, Ext. 200 RECEIVED NOV 2 2 2000 TO:Kyle Westergard Kalar LAND & RESOURCE Michelle M. Eldiery"y^!/^ FROM: November 21, 2000DATE: Richard PalubickiRE: As I understand, Jennifer Lessinger from my office met with Denny Lang from the Department of Natural Resources and Bill Kalar on November 15, 2000, regarding the above-referenced individual on both Land and Resource and DNR issues. If I understood correctly, we were in agreement that there would be a plea of guilty by Mr. Palubicki to possibly the DNR charges and that he would have to bring the property into compliance on both shoreland and DNR issues. 1 believe that Jennifer and Attorney Dennis Happel spoke about a resolution of this case on Monday, November 20, 2000, but understood that Mr. Happel needed to speak with his client. Please let me know if I should simply wait for a resolution on the DNR case, with restoration to be included for our Land and Resource case, or if you wkh us to pursue our action separately. I look forward to hearing from you. Thank you. ml —- • •.ca^•■7 HbopAJU. ,, J -a-iu T I 7^ trP^xlS^ \ Bill Kalar - Office of Land & Resource Management I V' I -V. •V' k- t ; •( 'i MEMO RECEIVED KEB - 1 ?001 OTTER TAIL COUNTY ATTORNEY 218/739-2271, Ext. 200 LANDS RESOURCE Bill Kalar - Land & Resource ManagementTO: FROM:Michelle Eldien January 31,1DATE: Richard PalubickiRE: I understand that a Pre Trial was scheduled for January 22, 2001. I believe that attorney Dennis Happel spoke with David Hauser at that time. I also understand that a Court Trial is now to be scheduled again, as the defendant was uncomfortable pleading guilty without knowing the actual restoration that was required. I also understand that Mr. Hauser told Dennis Happel that it would be reasonable that both the Department of Natural Resources and Office of Land & Resource Management provide a detailed description of the restoration that would be required. Mr. Hauser indicated that we would need to provide that information should a trial be required, and that the defendant should be entitled to that information prior to pleading guilty. Therefore, please let me know if you can provide me with any specifics as to what is required of Mr. Palubicki, in hopes that we may be able to resolve this restoration issue at the same time as the DNR file. I look forward to hearing from you. DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 FERGUS FALLS, MINNESOTA 56537 (218)739-2271 FAX (218)739-4630 ASSISTANTS BARBARA R. HANSON KURT A. MORTENSON MICHELLE M. ELDIEN JENNIFER L. LESSINGER NICOLE S.C. HANSEN INVESTIGATOR J. ALLAN ANDERSON Ri^c:y-ED ^'eb -a ?ooi LAND & RESOURCEFebraary 2, 2001 Officer Dennis Lang Route 2, Box 3IB Perham, MN 56573 Mr. William Kalar Office of Land and Resource Management Courthouse Fergus Falls, MN 56537 Re: State of Minnesota v. Richard Michael Palubicki Gentlemen: The jury trial in this matter is being rescheduled for sometime later in February. The defendant will plead guilty when he understands exactly what it is which needs to be removed under a restoration order. Apparently, he has no problem filling in the basement and removing the spoils from the lake. However, he has trouble with an order requiring him to remove the “paths,” which were put in the wetland areas. His claim is that these cannot actually be found anymore. Mr. Happel, the defendant’s attorney, would like to set up a meeting with Dennis Lang and a representative of the Office of Land and Resource Management to determine exactly what it is that must be restored. It seems to me reasonable for the defendant to understand what a restoration order will be before entering a plea of guilty. If we cannot reach agreement in this matter, we may have to have an unnecessary jury trial. It is my understanding that Dennis Happel has been in contact with Dennis Lang and that we need to get a meeting set up, which would also include someone from Land and Resource Management. Vei^^-ffuly yours. A/ David J. Hansi DJH/mk Dennis Happel, Esq.cc: iOTTiER TAIL COUNTY LAND & RESOURCE MANAGEMENT 121 vy. JUNIUS, FERGUS FALLS, MN 56537 (218)739-2271 i ! I MEMORANDUM j : TO: I Michelle Eldien Assistant County Attorney Kyle Westergard Inspector FROM:f February 9, 2001DATE: Ribhard PalubickiRE:i During our meeting this morning you asked me to follow up On a couple of issues. Here is the information you requested: 11. Based on our measurements, the volume of fill excavated from the basement exceeds 650 cubic yards. 2. i Wetland guidance is found on Pg. 13 of the enclosed ordinance, specifically Chapter IV.3.B.: Contact me if you need any further information. i iI ! ,c •, •: ; j ' OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT 121 W. JUNIUS, FERGUS FALLS, MN 56537 (218)739-2271 MEMORANDUM TO:David Hauser County Attorney FROM:Bill Kalar Administrator February 12, 2001DATE: Richard Palubicki Violation, Unnamed Lake (56-324)RE: Enclosed please find copies of the information you requested during our meeting last Friday (02/09/01) morning. If you have any questions or need any additional documentation, please contact me. STATE OF MINNESOTA DISTRICT COURT SEVENTH JUDICIAL DISTRICT MISDEMEANOR DIVISIONCOUNTY OF OTTER TAIL State of Minnesota, Plaintiff,COMPLAINT FOLLOWING CITATION FOR MISDEMEANORvs. Richard Michael Palubicki, DOB: March 12, 1945 106 Jake Street Perham, MN 56573, District Court File No. T9-00-3885 County Attorney File No. OOM-269 Defendant. COMPLAINT The Complainant being duly sworn, makes complaint to the above-named Court and states that here is probable cause to believe that the above-named Defendant committed the offense described below. The Complainant states that the following facts establish PROBABLE CAUSE: Complainant, Bill Kalar, is a duly acting and appointed Administrator for the Otter Tail County Office of Land and Resource Management, who investigated and received information regarding the below-described offense. On August 26, 1999, Kyle Westergard, an inspector with complainant's department, met with RICHARD MICHAEL PALUBICKI, hereinafter referred to as the defendant, and the Wetland Technical Evaluation Panel to discuss the defendant's proposed wildlife habitat improvement project. Since the project included topographical alteration within a shoreland area, Westergaard sent defendant a Conditional Use Permit Application on August 27, 1999. On January 4, 2000, the Department of Natural Resources received a complaint of a possible water and wetland violation on the property of the defendant located in Section 21, Township 135, Range 40, Dead Lake Township, specifically described as the NW 1/4 and the W 1/2 NE 1/4 in Otter Tail County, Minnesota. Officer Dennis Lang of the Department of Natural Resources was on site and observed a location on the property where fill had been placed in the unnamed lake basin #56-324. Officer Lang also observed fill that had been placed in the wetland area of the property surrounding the lake basin. On January 6, 2000, Officer Lang returned to the property with Lt. Tracy Hanson, a conservation officer specializing in Wetland Conservation Act Enforcement. Lt. Hanson observed several locations where fill had been placed in the wetland areas. Officer Lang and Lt. Hanson then met with the defendant concerning the fill. Defendant admitted to placing fill in the wetland areas and in the lake bed areas. Defendant stated that he was not aware that he needed a permit. Officer Lang issued a Cease and Desist Order to defendant on January 6, 2000. On January 10, 2000, complainant met with defendant on his property with representatives from East Otter Tail Soil and Water Conservation District, Board of Water and Soil Resources and the Department of Natural Resources. On February 2, 2000, violation #1541 was issued by complainant to the defendant for grading and filling and excavating a basement without a permit according to the Otter Tail County Shoreland Management Ordinance. On February 24,2000, the Office of Land and Resource Management received an application for a variance from the defendant. On March 7, 2000, complainant and Westergard were on site and found that the excavation for a basement exceeded 650 cubic yards -r' ! ; of fill. Complainant-and Westergard also observed other fill in the wetland and shoreland areas. I On April 6, 2000, the variance of the defendant was denied by the Otter Tail County Board of I Adjustment. On December, 18, 2000j Lf. Hanson issued defendant a Restoration Order requiring I that he restore the wetland on his property by January 18, 2001. To date, the wetlands and other areas on the property have not been restored. , f 1 ; 1 OFFENSE I Count: Charge: I In Violation of: Conservation Act) I Maximum Penalty: 0-90 days and/or $1,000 fine 1 Failure to Comply With Restoration Order Minnesota Rule 8420.0290, & Minn. Stat. §1030.2372, (Wetland■: ! On and between January 18, 2001, and February 14, 2001, within the county of Otter Tail, RICHARD MICHAEL PALUBICKI, the defendant, failed to comply with a Restoration Order issued by the Minnesota Department of Natural Resources. Count: j Charge: i In Violation of: Maximum Penalty: 0-90 days and/or $1,000 fine On and between January 4, 2000, and February 14, 2001, within the county of Otter Tail, 1 RICHARD MICHAEL PALUBiCKi, the defendant, changed or diminished the course, current, or cross section of public waters, entirely or partially within the State, by any means, including , filling, excavating, or placing of materials in or on the beds of public waters, without first obtaining a work permit. 2 Altering a Cross Section of Protected Waters Minn. Stat. §}03G.245 Subd.. 1(2) : Count: Charge: In Violation of: 3 Grading or Filling in Shoreland Area Without a Permit OTC Shoreland Managerhent Ordinance IV.3.B.; V.9.B. Maximum Penalty: 0-90 days and/or $1,000 fine 1 On and between January 4, 2000, and February 14, 2001, within the county of Otter Tail, ' RICHARD MICHAEL PALUBICKI, the defendant, graded, filled or altered the existing topography in the shoreland area without first obtaining a conditional use jjermit or a grade/fill permit from the Office of Land and Resource Management./ • i THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release , where applicable. (1) be arrested or that other lawful steps be taken to obtain Defendants appearance in court; or1 (2) be detained, if already In custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. r,'. Complainant ; 1'.i •I Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. •v Prosecuting Attorney Dated: February 15, 2001 ; This COMPLAINT has been subscribed and sworn to before me this_____day of ■2001,.:■ : Notd^ Public FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable. Defendant's arrest or other lawful steps to be taken to obtain Defendants appearance in Court, or detention, if already in custody, pending further proceedings. The Defendant is therefore charged with the above-stated offense. 'A •! Judge of District Court ■ ; ■: ii ; '1 f\LC _____ ^ C?/>-i A 2^#>w* ?AX0^ ^4-od. ^A.Ajr^^-e^y j/fi-'t .^*2^ ^ vCX^ ^vXjfc t ^ ^ ^ ^'Ai. X^^-fSh^ tCjir^Syr «s^—^ <,^,V'^SCw>.^V „ /) __ J2^A-^tiEc cd^ ,2^ i<A^c_ ;rsur <;iv^ €t**< w35Rc ^<1 <a^*' -<i-v\^*"^-'V>-v^ /^*<- yC^*-7* ^ A ^ ^ /7 ** A-a* Jl j2i|P A ?iv-/A^ £44*ig^ ^ # 6r. cOT?v^.4j ) , £? ... cr^tfJU m RECEIVED APR 1 2 2001 OtterTail County Fergus Falls, Minnesota DENNIS W HAPPEL 100 2ND AVENUE SW PO BOX 157 PERHAM MN 56573 LAND & RESOURCE NOTICE OF: JURY TRIAL Case Number: T9-00-003885. Re: The State of Minnesota vs. RICHARD MICHAEL PALUBICKI [COMPLY W/RESTORATION, ETC] You are hereby notified that the above matter has been set for Jury Trial on June 12, 2001 at 9:30 a.m. before the Honorable Galen J. Vaa at the following location: 121 W Junius PO Box 417 Otter Tail County Courthouse Fergus Falls, MN 56537 You are expected to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present. CC:U>rfC0LE HANSEN, ESQ. Apr 6, 2001 Kathryn A. Ouren Court Administrator By: Sherrie Miller, DeputyPhone: (218) 739-2271 cc: Dennis Lang Land & Resource Management I f;-P. Kif r'" I /-■V <■>'■.• ‘t^i.l^'d & Resource Management\r-r ■;\ Vi ; ;4i•> fi,- i v' I :•. .«• ! i- i. ...... _____________^ . ___,U<KV-ry?U>^ ..JL SilI 3.^':i) -l-~Sv?;^-!(3=sJ....__________________:-,.___J)!^!^..__...........^ ........ _.........................................Cfc'... i_______________.4__.................................^ ___............................................................................................................................._____________________!!!S?*!!*-^Mk^^ ! i / ■">;««.,jAs^tl2fc*£2^i4;^■•• . r*v''t -r* __^feggg^ksL--^jg^—^.. -_______ ........ ; ,™_;„j-------------- ; ij. -.••.......c;:... ..??.... .... _»i#»!BL_JiJUiw....C- - .................._.iM^..,-<^...,3l4._B^..'*ff*... )aA*As(W>!4i<^_.:«4w*44<^ _ jjr . .33r, ..:^..^ .... . ' ...^JL .Mb .4-^,..,. i.. J'.6 # . V ! .. .- -f--o i i t -:i •••! $■ yn^, Po4,JijJu ;cW J d^ >iy*^ <eLiW*. e4sy9**tH ....'^^... .^^... ‘ ’**' .....................................................- - * loU SHt %C 4 4 -^-Ujvx J J # % ^^r7ip#- ♦ Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center > 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us June 13, 2005 Richard M Palubicki 106 Jare St SE Perham MN 56573 RE: Application for Site Permit, Storage Structure, NWl/4 85 WT/2:NEl/4 Section 2l Dead Lake Township, Unnamed Lake (Battle Lake) 56-324 Dear Mr. Palubicki, Our office received your application materials for a proposed 36’ x 48’ storage structure on your property. We are unable to process the application and issue a Site Permit because the form you ' submitted is outdated and you did not include the required permit fee. Therefore we are returning your application materials. I have enclosed, a new application form for your use. Please be sure to complete aU of the required information including the legal description of the property for your proposed building site. You have two parcels of land, 160 acres and 80 acres for a total of 240 acres. Please indicate which of the parcels the building will be on by giving the parcel number 6s legal description for the property. The proposed structure will be greater than 500 square feet;in size, therefore the permit fee is $175.00. You indicated on the application that the proposed building height will be 24’. Please be advised that non-dwelling stnictures are limited to a height of 20’ unless, they are more than 400’ from the Ordinary High Water Level. Also, you indicate that there is a well and that you have a septic system. However we have no record of any septic installed on this property. Please provide the Septic Permit Number so we can verify the information with our records. I have also enclosed a Grade & Fill Application form. If the project will involve more than 20 cubic yards of grading, filling or excavation you will need to complete and submit this application. There is a separate fee of $100.00 that must accompany that application form. ; Please contact our office if you have any questions regarding your application. Sincerely, ■ Joyoe Thompson Permit Technician LAND & RESOURCE MANAGEMENT - Public Office Hours 9:00 A.M. to 5:00 P.M. CoL^nty of Otter Tail, Government Services Center, 540 West Fir, Fergus Falls, MN 56537 (218-998-8095) APPLICATION CHECKLIST CONDITIONAL USE PERMIT APPLICATION VARIANCE APPLICATION A Conditional Use Permit authorizes certain land uses (i.e. commercial & topographical alterations). It is not a site (construction) or installation Permit. Applicant must provide the following: 1. Evidence of land ownership. 2. Completed Application form. 3. Scaled (surveyor’s for Cluster Developments) drawing(s) of your proposal A. 1 - Original B. 10-Copies 4. $240.00 Application Fee. 5. Lotlines, road-right-of-ways & area under consideration must be staked. A request to vary from the requirements of the Shoreland Management Ordinance, Sanitation Code , Subdivision Controls Ordinance &/or Setback Ordinance. A Variance is not a Permit. Applicant must provide the following; 1. Evidence of land ownership. 2. Completed Application form. 3. Scaled drawing(s) of your proposal. A. 1 - Original B. 6-Copies 4. $220.00 Application Fee. 5. Lotlines, road-right-of-ways & area under consideration must be staked. GRADE AND FILL PERMITSITE PERMIT A Site Permit must be obtained prior to the placement, erection and/or alteration of any structure, issued to insure compliance with all requirements of the SMO. When applicable, evidence of a conforming septic system is required. Applicant must provide the following: —Q^ridonce of land ownorohip- Completed Application form. ^ Scaled drawing(s) of proposal. ^ A. $ 75.00 (0-499 ft ^) Application Fee. B. $175.00 (500 ft ^ & Larger) Application Fee. ' A Grade and Fill Permit authorizes minor grading and/or filling projects. Applicant must provide the following; —Evidei luj uf land ownorohip'. ^ Completed Application Form. ^ Scaled drawing(s) of proposal. $100.00 (check only) Application Fee. . 5j Lotlines, road-right-of-ways & area under consideration must be staked. records 4-- -‘Tf SEWAGE TREATMENT PERMIT NOTES: A Sewage Treatment Permit must be obtained prior to the installation, alteration, repair or extension of an onsite sewage treatment system. E-911 Property Address: If you do not have a property address, be sure to include the closest address, stating the direction & approximate distance that you are located from this address/number. Sewage Treatment Permits are to be obtained by a Designated Registered Professional. The Application must be accompanied by a Site Data Sheet (design must include a scaled drawing) & $100.00 Application Fee. Impervious Surface: You must calculate this in order to file an Application. Fee: Make checks payable to: “Otter Tail County Treasurer” For complete details, see the Shoreland Management Ordinance of Otter Tail County otter Tail County’s Website: www.co.otter-tail.mn.us 2/1/04 RECEIVED JUN 0 9 2005APPLICATION FOR SITE PERMIT LAND & RESOURCE MANAGEMENT OTTER TAIL COUNTY COURT HOUSE Phone:(218) 739-2271 • FERGUS FALLS, MN 56537 WHITE ^ Office GOLDENROD - Inspector YELLOW - Owner (after issue) PINK - Assessor LAND & RLSOURCL Permit No.LEGAL DESCRIPTION BLUFF ZONEAND □ YES □ NO LOCATION LAKE NUMBER LAKE/RIVER NAME LAKE/RI' CLASS SECTION 'P NO.RANGE TWP NAME PARCEL NUMBER (S) Aa// ft ^ ^ US' 0^0 tiE-.Ap SURFACE WATER DRAINAGE □ CHANGEYRDS®, DRAINAGE PLAN REQUIRED □ NO CHANGE FIRE NUMBER TELEPHONE NO. Mailing Address — No. Street, City, Slate, and Zip CodeLast Name First Initial (Daytime) PALUM^/G/<f /X\Property Owner /.OC.^Afft ^T~ -=L ________ /rw ^■5 7^ NameContractor State Lie. # PROPOSED USE ( ) Dwelling (vf^on-Dwelling ( ) Water Oriented Accessory Structure (WOAS) PROPOSED PROJECT (yjl^ew Structure(s) ( ) Addilion(s) ( )MH/RV______________ ONSITE WATER SUPPLY (v/individual ( ) Public ( ) None NOTE: MN Rules Chpt. 4725 (MN Well Code) requires a 3’ (minimum) structure setback to a well. ONSITE SEWAGE TREATMENT SYSTEM (•individual Permit #_____ ( ) Collector Permit #_____ ( jOTLSD*YEAR CHARACTERISTICS OF PROPOSED NON-DWELUNG (Vftjblity Structure CHARACTERISTICS OF PROPOSED WOASCHARACTERISTICS OF PROPOSED DWELLING ( ) Detached Garage ( ) Boathouse ( ) Screen Porch( ) Dwelling ( ) Replacement Dwelling ( ) Addition to Dwelling { ) Existing Dwelling shall be removed on or before. Outside Dimension ( ) Basement ( ) Walkout ( ) Attached Garage ( ) Gazebo ( ) Utility Structure( ) Other Outside Dimension FI.. vB Ft.( )Other. Outside DimensionFt. X .Ft.Lotline Setbacks Ft.,Ft.&Ft. X Ft. '9-00Lotline Setbacks .Ft. 4 .Ft.OHWL Setback .Ft. Lotline Setbacks Ft. 4 .Ft. OHWL Setback .Ft.( ( ) NoBathroom: OHWL Setback .FI.(If Yes / a complying Sewage System Required)Total Bedrooms__________________ Maximum Height / 35 Ft. (2 story)54- F,.Maximum Height Maximum Height /10 ft. (1 story)story ,Sq. Ft. Impervious SurfaceLot Area ,Sq. Ft. Impervious Surface Ratio .% .Ft. Elevation of lowest floor above OHWLWater Frontage Ft. (3’ minimum) Structure setback to right-of-way Ft. Slope of lot .% Structure setback to septic tank .Ft. (10’minimum) (Sewage System Permit required before installation). .Ft. (20’minimum) (Sewage System Permit required before installation). .Ft. (10'minimum) (Sewage System Permit required before installation). Dwelling setback to Soil Absorption System Non dwelling setback to Soil Absorption System THIS IS A SITE PERMIT ONLY AND DOES NOT CONSTITUTE A BUILDING PERMIT AS SET FORTH IN CHAPTER 16, MINNESOTA STATE STATUTES. Agreement: I hereby certify that the information contained herein is correct and agree to do the proposed work in accordance with the description above set forth and according to the provisions of the Ordinances of Otter Tail County, Minnesota. I further agree that any plans and specifications submitted herewith shall become a part of this permit application. I also understand that this permit is valid for a period of six (6) months. Permit: Permission is hereby granted to the above named applicant to perform the work described in the above statement. This permit is granted upon express condition that the person to whom it is granted, and his agent, employees and workmen shall conform in all respects to the Ordinance of Otter Tail County, Minnesota. This permit may be revoked at any time upon violation of said ordinances. I understand that it is my responsibility to inform the Land & Resource Management office once the building footings have been constructed. * This permit is only valid after verification from the O. T.L.SD. that a conforming sewage system will be installed to service this Signature of Owner ^ .. Contact Rollie Mann at 864-5533. Dated:^0 Dated: Land Sr Resource Management Office RECEIPT NO.PERMIT FEE $ Comments: Form Nn. BK — nSST-nns J ;:1•T I-i f~1Scaledifott^-crgiid({ )-^U£l£feere :te=?' ISfgadr \~_Pli gsrtiselWsisn^rBstsoMi nmmm[i wmKmmn i i 'f I T wa f-G '^5 »£ S ;l.T'^ hf^- ID sXJjrota ln^f:e[^i(i)dis j^urfec^e 0nls't^Ts:ah iOlTyff 1 / ()f mz] ri - —T—\JiJi te»:iI05: M y^cE7 s T■4--1" ■4!I 7 /t i^f _ .iicS rrr nmi h Xit-1- ... . I -_.l ... L.I I- -1 'i i- T TI —-I -4 i "I + T 4- 4]4 JK —1)599 .029.-2ie. 7?yi* IPi ki idBPn =.o. .Pr nt,0 s.Pert 1^ i^gplsiWTOJ'ii - aitefi"s»s iteis .V^";./■i‘. I■>, ;-i;.V j •i'V,1''■I. \,r ■il;'ij> «1.j ■i:>1.■j. *.'V,4'r,) MEMORECEIVED JUL 1 0 2001 OTTER TAIL COUNTY ATTORNEY 218/739-2271, Ext. 200 LAND & RESOURCE Bill Kalar- Land & Resource Mgt.TO: FROM:Michelle Eldien July 9, 2001DATE: Richard PalubickiRE: Please find enclosed a copy of a letter dated July 5, 2001, from Dennis Happel regarding the Plea Hearing set for July 23. As I previously indicated, we had discussed a possible restoration by the summer of 2002. The probation period for Mr. Palubicki would run until his sentencing date, which would likely now be July 23, 2001. Therefore, there would be no problem to enforce should he not restore the property to our desire by July 1, 2002. Although it was not necessarily an agreement between Mr. Happel and myself as to that date, I do not believe I have a strong objection because of the possibility to enforce beyond the deadline of July 1. Should you have any comments on the July 5'^ letter from Mr. Happel or any other comments prior to the Plea Hearing, please do not hesitate to contact me. SCWiHlB !■ iI- r.-i Bill Kalar Land & Resource Management 1, .1 fi \ ; .•r* *j; r; ' ’^<1 1■V, ; > 0 '. ij ' y f •i'"'.-s ; ,y 1 TELEPHONE (218)346-5300DENNIS W. HAPPEL (z/fttainsif at Jla^At the corner of Main Street and Second Avenue 100 Second Avenue Southwest P.O. Box 157 PERHAM, MINNESOTA 56573-0157 FAX (218)348-9175 July 5,2001 Ms. Michelle Eldien Assistant Otter Tail County Attorney Otter Tail County Courthouse Fergus Falls, MN 56537 Re; State v. Richard M. Palubicki Dear Ms. Eldien: I have reviewed your letter setting out the agreement which will be entered at the plea hearing on July 23 in regard to the above-referenced matter. As I recall, we had agreed that Mr. Palubicki would plead guilty and restore the property. However, according to my notes, we had discussed and agreed that he was to have until July 1,2002, to complete the restoration. He is confronted by a couple of problems if he is to complete the restoration before the end of the year. First, riglit now the water is still so high that it prevents anyone from doing the work required to restore the premises. Secondly, in the fall, even though the water levels will probably have dropped, the ground freezes from the top down, so even though the surface may be hard, it is mud underneath. It \^dll be much more feasible and practicable to do the restoration next spring. Finally, smce it was my understanding that he would have until next year to complete the restoration, that is how I presented the plea agreement to Vvv»*a. . Please take this information under consideration and let me know if you are in agreement. espectfiilly yours.f Dennis W. Happel DWH/aem ^rusieAcSincE. IQT6 DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 FERGUS FALLS, MINNESOTA 56537 (218)739-2271 FAX (218)739-4630 ASSISTANTS BARBARA R. HANSON KURT A. MORTENSON MICHELLE M. ELDIEN JENNIFER L. LESSINGER NICOLE S.C. HANSEN INVESTIGATOR J. ALLAN ANDERSON received JUN 1 2 2001 June 8,2001 land & RESOURCE Dennis Happel, Esq. Box 157 Perham, MN 56573 Re: State of Minnesota v. Richard Michael Palubicki Court File No. T9-00-3885 Dear Mr. Happel; This letter shall confirm our telephone conversation on June 8, 2001,3vherein you indicated that I should have Sherrie Miller from Court Administration set this matter on for a plea hearing. At that time, I would argue for the following sentence: That the defendant serve 90 days in the Otter Tail County Jail and pay a fine in the amount of $1,000.00. However, all 90 days and $500.00 of the fine being stayed on the condition that he pay a $500.00 fine, together with a $25.00 surcharge and a $5.00 law library fee, that he complete all restoration of the property on or before December 31,2001, and that he have no same or similar violations for a period of one year, commencing from the date of the sentencing. As for restoration, it would be the position of the County, Department of Natural Resources and State of Minnesota under the Wetland Conservation Act, that the defendant restore all areas of unlawfully placed fill to its natural grade. The aerial photo that was discussed in previous meetings with fill areas identified as number one through thirteen would be those areas argued by these agencies as needing to be restored to their natural grade. Should the defendant disagree with any of those designated fill areas, our understanding was that he request a contested restoration hearing prior to December 31, 2001. Should you have any questions or concerns about our position, please do not hesitate contact me. Thank you. Very truly yours. Michelle M. Eldien MME/mk Conservation Officer Dermis Lang Office of Land and Resource Management Terry Lejcher, Department of Natural Resources Shelley Becklund, Wetland Conservation cc; r j ;I [ f OBFfCE OF LAND & RESOURCE MGMT . I ;■ .-.i j ■I'' ■> I ; STATE OF MINNESOTA OFFICE MEMORANDUM DEPARTMENT: of natural resources DATE: May 29,2001 TO:Violation File 2000-1307 FROM: PHONE: 218-739-7576Terrence R. Lejcher Area Hydrologist SUBJECT: Richard Palubicki Property Site On Friday, May 25,2001, Bill Kalar and I set stakes at Richard Palubicki property at the OHW near the fill section on the lake. We also set a stake on the point at a width of 422 feet on the peninsula to give Mr. Palubicki some idea of structure location limitations. 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Action?NO BILL # ASSIGNED Print Key Output Page 1 01/25/00 09:09:125769SS1 V4R4M0 990521 OTTER Display Device User ....QPADEV0030LAND TC906D 10 T56 ACS Tax System Bill No. Parcel No.R 14000210173000 Inquiry Taxpayer/Legal InfoNameRICHARD M & KAREN A PALUBICKI 0 PERHAM MN 56573 R 2000 Tax CodesTwn/Sch 0014 0549 Spec Dist User Codes C TIE District Property AddressNO GPAS RECORD District Code 1402 Taxpayer RICHARD M & KAREN A PALUBICKI 106 JAKE ST PERHAM MN 40590 229 56573-2100 AlternateLegal Description Sect/Twn/Range 21 PlatLot/Block Wl/2 NEl/4 135 040 EscrowDeeded80.00 AC Other KAREN A PALUBICKI59408 OWNER More Legal? N More Addresses? YMod? Action?NO BILL # ASSIGNED o fleers >r!■ TO tt/‘- T7 - \i V •T:v/.;'r.'~ -fv.w ^7i •i ^ ^1';, ^K„ < < <%ii 1' }:• i Iliait'ifL^ri UiH'. I,; ••A 'J /. 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