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HomeMy WebLinkAbout14000250201002_Conditional Use Permits_03-10-1999I Conditional Use Pemnits Barcode 128 10 /r\f\HZ\\ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739- 2271 *** COMPLETE THIS APPLICATION IN BLACK INK Application Fee Receipt Number PROPERTY OWNER Pa.lL/J E PHONE (oQ S-^ fLty/. /^(t/[jADDR SECTION ^ TOWNSHIP RANGE FIRE NUMBER OR LAKE I.D. NUMBER_________________ LAKE NUMBER ~ LAKE CLASSLAKE NAME T^JTOWNSHIP NAME Ta/ :pAruA )L/£?oc3 Zc |oO-2_, LEGAL DESCRIPTION ijo Ac ki {'ioo^3i^o ZS'I OOD EXPLAIN YOUR REQUEST ^ d/asyt^y u/* AA 7^ Ccc^^ ■*y ^ -/z> a,bs>o^ OO f^/~ jr^ i)onl t-ki (liUA\JLlU^ /AM ^\pif I UNDERSTAND THAT APPROVAL OF THIS REDUEST APPLIES TO THE USE OF THE LAND.%u.; I ALSO UNDERSTAND THAT OTHER PERMITS MA\ BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. 2.-S-- 99 ATURE OF PROPERTY OW DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) A ! ; Accepted By Land & Resource L & R Official/Date 1TimeDate Of Planning Commission Hearing Planning Commission Motion MARCH 10.1999 Motion: A motion by Estes, second by Schwartz to table (with the Applicant’s approval) to allow an EAW be prepared; reasons being: 1. The public’s concern!regarding the wetlands and wildlife habitat. 2. Potential for erosion. 3. Too many lots are proposed for this area. 4. The crowding potential for a small (45 acre) lake. MAY 12.1999 Motion: A motion by Sha, second by Maske to approve provided an Engineers plan (including an erosion control plan) is provided, and the same engineer that designs the road must oversee the project through conclusion. This plan is to be reviewed and approved by Land & Resource. The developer must obtain the proper permits from the MPCA. This approval is subject to the representations on the revised rtiap received May 3, 1999. Chairman/Otter Tail County Planning Commission County Board Action 3/16/99 - Moticn by lindquist, seoxd by FcDenminj and carri^ to direct this request buck to the Planning Catmissicn for the pjrpoee of anducting an EfiW needs detentdnaticn. ____Approved As Recommended 5/18/99 - Nbticn by Nelscn, seocnd by Lindqui^, and unanirrcusly carried to approve a Ctnditicnal bfee Ffermit to onstruct a road cn Alice lake (Sec. 25 S. 36/ TVp. 135, R.40, Eteadlake IbMndnip, La]«' #564244) with ocnditicns as recamended by the Planning Oonmissiai and subject to the cotplete ratoval of the old garbage sites. Denied As Recommended \/^ Othei i.Chairm^/Ot^er Tail |iounW Board of Commissioners Date of Final Action CONDITIONAL USE PERMIT # L & R Official/Date Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No Copy of Application Mailed to Applicant And MN DNR I,L & R Official/Date bk 0797-006 287.384 • Victor Lundoen Co., Printers • Fergus Falls. Minnesota I .C- Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone: (218) 739-2271 Court House FERGUS FALLS, MINNESOTA 56537 Junes, 1999 Larry Stoller 291 Palomino Dr St Paul, MN 55124 RE: Conditional Use Permit, May 18,1999 County Board Meeting, Lake Alice (56-244) Dear Mr. & Ms. Brakke: On May 12,1999, the Planning Commission passed a motion (see enclosed copy of your Application) to approve your Conditional Use Application request with conditions, this recommendation was approved by the County Board of Commissioners (see enclosed copy of the Minutes) on May 18,1999. Once you have met the requirements of the approval (and provide verification to our Office), we can process the Conditional Use Permit. If you have any questions regarding this matter, please contact our Office. Sincerely, Marsha Bowman Office Manager Duane Donley, RR1 Box 159, Richville, MN 56576 i Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us August 8, 2002 Gary Van Watermulen 42802 State Hwy 108 Perham MN 56573-8948 RE: After-the-Fact Grade 85 Fill Permit #3231, Brad Paumen Property, PT GL 6 Sections 25/36 Dead Lake Township, Lake Alice (56-244) Dear Mr. Van Watermulen, Mr. Paumen indicated that you were hired to haul in %” rock on his existing boat ramp road. After consideration our office issued an After-the-Fact Grade 8s Fill Permit ($300.00 fee) to Mr. Pauman. It is the policy of the Otter Tail County Land 85 Resource Management Office to give contractors only one warning when they are in violation of the Shoreland Management Ordinance. This letter will serve as your warning. Any future violations will result in the violation being charged through the County Attorney’s Office. Please contact me if you have any questions. Sincerely, Tim Griep Assistant Administrator TG/jlt & FILE MEMO PUii^HAS<:^s i STt^ilc^ PROPERTY OWNER Q^t^/oriPARCEL # \N POO 3^ n"l (mC^IVER/WETLAND NAME & Date L&R Official Action/Comments (L ^y 1 -c.'r'v *AviA.^/r xp..> v^4* ■>.■#..«'*-g..^v,V Jf^...,>j* I- . .-•fe~TV,r; ...T-V' » »>'^I ^J^‘jg^«r-I <r/ "aI--. f X'- C^T 'T‘ r"'i ,' 7 ,. Qy /hpU^-. - <*} < i >-'•X ^ Uj '• aTi yr^<J-__J- V^-, V* J ^ JP..q i f ■^f/“<- » • ^LAA-<i*y<*f/^~yT z'- •ri Date L&R Official Action/Comments Date L&R Official Action/Comments L&R OfficialDate Action/Comments. Date L&R Official Action/Comments. Date L&R OfTicial Action/Comments L&R OfficialDate Action/Comments “Lake^hore Land North of the Stress Liner Steve Hyland 302 Siimniit Avc. Si. P:u)], Minnesota 55102 office: 651/293-0657 five: 651/290-7686 Larry M. StoUer 291 Palomino Dr. St. P;iul, Minnesota 55124 office: 612/406-8537 fax: 612/4068538 RECEIVEDMarch 14. 2000 MAR 1 7 2000Co jntv of Otter Tail Depar; merit of Land and Resource Management raiudiouse Fergus Falls, Minnesota 56"'3 7 LAND & RESOURCE Attention. Biil 6alar Dear Bdl, As you and 1 discussed this afternoon, we are faced with the May 18 expiration ot our Conditional Use Permit on Lake Alice. Regretably, we spent the spring and summer months in securing that CUP approval, plus additional weeks awaiting road engineering data and the additional surveying associated with that work. As we entered the lall market, the four.local road contractors from whom we had requested estimates r/ere too busy with other projects to provide those bids We have only witnin the pa.st thirty days received a bid on the road construction, (n over thirty years in tins business we have not had a requirement for an engineered road, and have discovered that cost to be more than twice the estimate for a contracted road. Conseqiienllv, we must make some very difficult marketing decisions and only now begin maiketing this piopatty in earnest with full knowledge of its costs This is the basis on which we hereby are requesting the extension of our CL'P. If you miay have any questions, please do not hesitate to call me or my partner, Steve Hyland, 1-2^3-0657, at your convenience. Thank you for your consideration. Siiioere'y, • . >«• »"atbOl Stoller •'-■'•V r-'C,; North American Lakes & Land, LLC 291 Palomino Dr., St. Paul, Minnesota 55124 www.northamericanllc.com Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone: (218) 739-22 71 Court House FERGUS FALLS. MINNESOTA 56537 received MAR 1 7 2000 lands resource June 8, 1999 Larry Stoller 291 Palomino Dr St Paul, MN 55124 RE: Conditional Use Permit, May 18,1999 County Board Meeting, Lake Alice (56-244) --Bear-Mfr& Mo.-Brakke;— On May 12,1999, the Planning Commission passed a motion (see enclosed copy of your Application) to approve your Conditional Use Application request with conditions, this recommendation was approved by the County Board of Commissioners (see enclosed copy of the Minutes) on May 18,1999, Once you have met the requirements of the approval (and provide verification to our Office), we can process the Conditional Use Permit. If you have any questions regarding this matter, please contact our Office. Sincerely Marsha Bowman Office Manager Duane Donley, RR1 Box 159, Richville, MN 56576 I , RECEIVED otter Tail County Board of Commissioners May 18, 1999 Page 2 road between Oscar Township and Akron Township is equitable as currently^1dnds'afi8^should remain the same. MAR 1 7 2000 Motion by LeeA second by Lindquist, and unanimously carried that the cost of maintenance for this one-mile stretch of^read should be shared equitably between Oscar Township and Akron Township. Additionally, the motion directed the County Attorney to send a letter to Oscar Township relative to the issue. Planning Commission Recommendations Conditional Use Permit - Roper & Toni Brakke: Motion by Portmann, second by Lee, and unanimously carried to approve a Conditional Use Permit for an earthmoving project as presented, not requiring an engineer’s plan, subject to the completion of the purchase of property to the west as conditioned and recommended by the Planning Commission. The CUP is for property on Lake Lizzie (Sec. 20, Twp. 137, R. 42, Dunn Township - Lake #760). Conditional Use Permit - Duane Donlev/Larrv Stollen *■ Land & Resource Director, Bill Kalar, introduced discussion regarding the request for a Conditional Use Permit for Duane Donley/Larry Stoller as presented on the revised map dated May 3, 1999. Attorney Bob Russell, representing the applicants, reviewed the history of the CUP application. The application request was tabled by the Planning Commission, referred for an EAW, an EAW needs determination hearing was held and an EAW was determined not to be necessary since potential environmental impacts could be mitigated or reversed by an erosion control plan. The County Board approved the recommendation regarding the EAW needs determination and turned the CUP request back to the Planning Commission for consideration. Mr. Russell stated that the developer has no problem with obtaining the proper MPCA permits, however, feel that they can meet all county criteria without an engineer’s plan. He requested that the condition requiring the engineer’s plan be removed by the County Board because it is cost prohibitive and the project may not be able to move forward. The applicant and surveyor spoke on the same issue. Elizabeth Maxwell, property owner near the proposed development, spoke in opposition of the project and read a letter for the record regarding environmental issues she felt had not been considered. Commissioner Lindquist stated that an EAW study was completed to address environmental issues. An engineer on the project allows a registered, licensed individual to be responsible and liable in case there are any problems. Motion by Nelson, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to construct a road on Alice Lake (Sec. 25 & 36, Twp. 135, R. 40, Dead Lake Township, Lake #56-244) with conditions as recommended by the Planning Commission and subject to the complete removal of the old garbage sites. Conditional Use Permit - Kenneth & Evsivn Beauchamp: Motion by Nelson, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to allow a boat access on Lake Marion (Sec. 12, Twp, 135, R. 40, Dead Lake Township, Lake #56-243) with conditions as recommended by the Planning Commission. Preliminary Plat - "Pine Island Estates'VSteve & Denise Zimmerman: Bill Kalar noted that the Planning Commission recommended approval of the preliminary plat with changes. otter Tail County Board of Commissioners May 18, 1999 Page 2 road between Oscar Township and Akron Township is equitable as currently stands and should remain the same. Motion by Lee^sec^d by Lindquist, and unanimously carried that the cost of maintenance for this one-mile stretch of^fSad should be shared equitably between Oscar Township and Akron Township. Additionally, the motion directed the County Attorney to send a letter to Oscar Township relative to the issue. Planning Commission Recommendations Conditional Use Permit - Roger & Toni Brakke: Motion by Portmann, second by Lee, and unanimously carried to approve a Conditional Use Permit for an earthmoving project as presented, not requiring an engineer’s plan, subject to the completion of the purchase of property to the west as conditioned and recommended by the Planning Commission. The CUP is for property on Lake Lizzie (Sec. 20, Twp. 137, R. 42, Dunn Township - Lake #760). Conditional Use Permit - Duane Donlev/Larr/ Stoller: Land & Resource Director, Bill Kalar, introduced discussion regarding the request for a Conditional Use Permit for Duane Donley/Larry Stoller as presented on the revised map dated May 3, 1999. Attorney Bob Russell, representing the applicants, reviewed the history of the CUP application. The application request was tabled by the Planning Commission, referred for an EAW, an EAW needs determination hearing was held and an EAW was determined not to be necessary since potential environmental impacts could be mitigated or reversed by an erosion control plan. The County Board approved the recommendation regarding the EAW needs determination and turned the CUP request back to the Planning Commission for consideration. Mr. Russell stated that the developer has no problem with obtaining the proper MPCA permits, however, feel that they can meet all county criteria without an engineer’s plan. He requested that the condition requiring the engineer’s plan be removed by the County Board because it is cost prohibitive and the project may not be able to move forward. The applicant and surveyor spoke on the same issue. Elizabeth Maxwell, property owner near the proposed development, spoke in opposition of the project and read a letter for the record regarding environmental issues she felt had not been considered. Commissioner Lindquist stated that an EAW study was completed to address environmental issues. An engineer on the project allows a registered, licensed individual to be responsible and liable in case there are any problems. Motion by Nelson, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to construct a road on Alice Lake (Sec. 25 & 36, Twp. 135, R. 40, Dead Lake Township, Lake #56-244) with conditions as recommended by the Planning Commission and subject to the complete removal of the old garbage sites. Conditional Use Permit - Kenneth & Evelyn Beauchamp: Motion by Nelson, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to allow a boat access on Lake Marion (Sec. 12, Twp, 135, R. 40, Dead Lake Township, Lake #56-243) with conditions as recommended by the Planning Commission. Preliminary Plat - ‘‘Pine Island Estates’VSteve & Denise Zimmerman: Bill Kalar noted that the Planning Commission recommended approval of the preliminary plat with changes. Otter Tail County Board of Commissioners March 16, 1999 Page 3 f Qof^itional Use Permit - Duane Donlev/Larrv Stoller: ^Land & Resource Director, Bill Kalar invited the applicants to address issues regarding this Conditional Use Permit application. Attorney, Bob Russell introduced developers Steve Hyland and Larrry Stoller and spoke on their behalf. Mr. Russell explained that his clients attended a Planning Commission meeting to obtain a CUP to construct a road in Dead Lake Township near Lake Alice. He presented a diagram of the road. The proposed lots are in excess of the 5-acre minimum requirement and minimum lake frontage of 212 feet as required in the SCO. The CUP request is for the proposed road only. The road is not going to be constructed where the current pathway is located and it is designed to fully comply with county specifications. Mr. Russell indicated that his clients, at the Planning Commission meeting, understood the matter would not be passed and in fact, that the Planning Commission would recommend against granting a permit unless there was an Environmental Assessment Worksheet (EAW) completed. Therefore, his clients agreed to table the motion. Mr. Russell requested that the County Board proceed and issue the CUP for the construction of the road and not require an EAW as recommended by the Planning ■ Commission. Land & Resource Director, Bill Kalar stated that his staff, who attended the meeting, indicated that the intent of the Planning Commission was to recommend an EAW needs determination at this point, not that an EAW be completed. The EAW needs determination would determine whether there is significant environmental impact to require an EAW study. Applicant, Larry Stoller, requested the process required by an EAW needs determination. Mr. Kalar explained the process. County Attorney, David Hauser stated that the Planning Commission is looking for more information and the Planning Commission has the authority to implement an EAW process without a petition. Motion by Lindquist, second by Froemming to direct this request for a CUP back to the Planning Commission for the purpose of conducting an EAW needs determination (sec 25 & 36, twp. 135, R. 40, 56-244, Dead Lake Township). Discussion followed. Property owner, Peggy Maxwell, expressed opposition to the project. Chairman Nelson called for a vote. Motion passed with Portmann opposed. Conditional Use Permit - Walter & Nancy Jehs: Motion by Lee, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to shore up the NE corner of their home on Pelican Lake (Sec. 11, Twp. 137, R43, 56-786, Scambler Township) with conditions as recommended by the Planning Commission. Conditional Use Permit - Robert & Julie Budke: Motion by Portmann, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to add up to 2 additional apartments to an existing structure on Unnamed Lake (Sec. 16, Twp. 132, R.43, 56-835, Buse Township) as presented. Conditional Use Permit - Glen A. Noyes: Motion by Lindquist, second by Lee, and unanimously carried to approve a Conditional Use Permit to construct a roadway on Indian Lake (Sec. 21, Twp. 132, R. 42, Dane Prairie Township) as presented. Planning Commission March 10, 1999Page Z* ' Motion: Application/Preliminary Plat until the EAW can be completed, as requested by the Applicant. A motion by Trites, second by Estes to table the Conditional Use Voting: All members in favor. Otter Tail Co. Highway Dept. - Approved With A Condition: A Conditional Use Permit Application stating; Project No. S.A.P. 56-682-05; Reconstruction of CSAH No. 82 from TH 210 to I-94. This 4.7 mile segment of CSAH NO. 82 was originally graded and surfaced as State Highway No. 59. The existing highway is deficient in vertical alignment and structure. The proposed project will be constructed to current MN/DOT State-Aid Standards and will provide a safer and more efficient highway. Wetland mitigation is in process. Detailed project plans are available at the Otter Tail County Highway Dept. The property is described as follows; From Jet. TH 210 & CSAH No. 82 in the SW1/4 of Section 2, Buse Twp SELY along CSAH No. 82 to the 1-94 W bound on-off ramp in the SW1/4 of Section 30 of Dane Prairie Twp; Unnamed Lake (56-830), NE; Unnamed Lake (56-832), NE; Unnamed Lake (56-848), NE; Unnamed Lake (56-849), GD. Rick West (OTC Highway Engineer) represented the Application. Ron Starky had questions regarding the Wetland Mitigation. Craig Hanson had questions regarding the impact on the Unnamed Lake. Motion: A motion by Sha, second by Estes to approve as presented, subject to approval through the Wetland Conservation Act. Voting: All members in favor. Duane Donlev/Larrv Stolier-Tabled For An EAW: A Conditional Use Permit Application for road approval. We at the North American Lakes and Land, LLC (Larry Stolier), are the prospective owners of the subject property. Subject to our closing with the Donleys at the end of December. We would like to construct about 3,800 feet of road constructed to County and Township Specifications. The property is described as Pt Gov. Lot 6, Section 25 (40.73 Ac) & NE1/4 NE1/4, Section 36 (40 Ac) in Dead Lake Township; Lake Alice (56-244), NE. Larry Stolier, Steve Highland & Terry Anderson (surveyor) represented the Application. Peggy Maxwell indicated the road had been shown on maps & has been used for a long time by area residents & that the lake is fragile and can not handle 200’ lots. Duane Bohne (Townboard Supervisor) expressed concerns regarding the type of (what kind of gravel, tar, etc.) road is proposed. Paul Buendiger expressed concerns regarding the environmental impact this project would have on the wildlife (eagles, loons, etc.) & the lake. Break: The Commission took a 10 minute break at 7:50 to allow the County Attorney time to review the process regarding the initiation of an EAW. * Motion: A motion by Estes, second by Schwartz to table (with the Applicant’s approval) to allow an EAW be prepared; reasons being: 1. The public’s concern regarding the wetlands and wildlife habitat. 2. Potential for erosion. 3. Too many lots are proposed for this area. 4. The crowding potential for a small (45 acre) lake. Voting: All members in favor. C(S> LAKE ALICE OTTER TAIL COUNTY, MN LAKE FRONTAGESIZE f ACRES^PARCEI. 9155.01A 2145.07B 575C 5.02 4165.3D 2397.38E 2126.22F 2305.92G 2125.37H NORTH AMERICAN LAKES AND LAND, LLC 888-580-8957 : OTTER TAIL COUNTY PLANNING COMMISSION ! ^11 NOTICE OF PUBLIC HEARING APPLICANT: Duane Donley RRl Box 159 Richville,- MN 56576 Larry Stoller (Purchaser) 291 Palomino Dr St. Paul, MN 55124 HEARING DATE/LOCATION: March 10, 1999 at 7:00 P.M. Commissioner's Room Otter Tall County Courthouse Fergus Falls, MN 56537 A Conditional ' We at the North American PROJECT DESCRIPTION (AS STATED ON THE APPLICATION) : Use Permit Application for road approval. Lakes and Land, LLC (Larry Stoller), are the prospective owners of the subject property, the end of December. Subject" to our closing with the Donleys at We would'like to construct about 3,800 feet of road constructed to County and Township Specifications. , LAKE NAME/NUMBER/CLASS: Lake Alice (56-244), NE FIRE NUMBER: N/A LEGAL DESCRIPTION: Pt Gov Lot 6,, Section 25 (40.73 Ac) & NEl/4 NEl/4, Section 36 (40 Ac) in Dead Lake.Township 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, Courthouse, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or forwarded to the Land & Resource Management Office. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING’. Bert Olson February 24, 1999 Chairman Planning Commission Mailing Date March 8, 1999 Dear Planning Commission; This letter is in response to the Notice of Public Hearing for applicant Duane and Marion Donley and Larry Stoller for a Conditional Use Permit for road approval. We, the undersigned residents living near Lake Alice, are concerned about the environmental impact of the proposed development on the south shore of the lake. We believe it is a sensitive area due to the following reasons; 1. The area is full of steep slopes. The proposed road is on the slope side away from the lake, but due to the long narrow lots proposed and the distance between the proposed road and the lake, this plan would result in eight more roads being built to lead into each of the lots. These subsequent roads, along with buildings and lawns, would result in alterations of topography and clearing of vegetation. The effects of these changes plus the use of fertilizers, pesticides, and herbicides, along with runoff and erosion would impact the lake negatively. 2. The habitat for plants and animals in need of special protection would be effected. There are at least two eagle nests in the proposed development, and there have been frequent bald eagle sightings, along with loons, pileated woodpeckers, fox, beaver, muskrats, osprey, herons, hawks, mink, and white and yellow water lilies. 3. The shoreline on the proposed development and the lake itself are not suited to more water based recreation. Some of the shoreline is a wetland area, and the rest is very soft mud bottom. The small size of the lake, only 45 acres, does not lend itself to more water traffic than it already has. Adding eight more lots on a lake this small would have a significant negative environmental impact. 4. There was no indication on the survey map to show the 100 year flood plain, nor was there any elevation data on the proposed lots. It would be impossible to assess the environmental impact on the area with out information on the soils, topography and vegetation in the area. We would like to request that an environmental impact assessment be done on the proposed development before any decision is made on the application for a Conditional Use Permit. Thank You 4 Cl\a r\orY[i\ A A\\ q McXjwel ^ ^ March 8, 1999 Dear Planning Commission: This letter is in response to the Notice of Public Hearing for applicant Duane and Marion Donley and Larry Stoller for a Conditional Use Permit for road approval. We, the undersigned residents living near Lake Alice, are concerned about the environmental impact of the proposed development on the south shore of the lake. We believe it is a sensitive area due to the following reasons: 1. The area is full of steep slopes. The proposed road is on the slope side away from the lake, but due to the long narrow lots proposed and the distance between the proposed road and the lake, this plan would result in eight more roads being built to lead into each of the lots. These subsequent roads, along with buildings and lawns, would result in alterations of topography and clearing of vegetation. The effects of these changes plus the use of fertilizers, pesticides, and herbicides, along with runoff and erosion would impact the lake negatively. 2. The habitat for plants and animals in need of special protection would be effected. There are at least two eagle nests in the proposed development, and there have been frequent bald eagle sightings, along with loons, pileated woodpeckers, fox, beaver, muskrats, osprey, herons, hawks, mink, and white and yellow water lilies. 3. The shoreline on the proposed development and the lake itself are not suited to more water based recreation. Some of the shoreline is a wetland area, and the rest is very soft mud bottom. The small size of the lake, only 45 acres, does not lend itself to more water traffic than it already has. Adding eight more lots on a lake this small would have a significant negative environmental impact. 4. There was no indication on the survey map to show the 100 year flood plain, nor was there any elevation data on the proposed lots. It would be impossible to assess the environmental impact on the area with out infonnation on the soils, topography and vegetation in the area. We would like to request that an environmental impact assessment be done on the proposed development before any decision is made on the application for a Conditional Use Permit. Thank You March 8, 1999 Dear Planning Commission: This letter is in response to the Notice of Public Hearing for applicant Duane and Marion Donley and Larry Stoller for a Conditional Use Permit for road approval. We are concerned about the environmental impact of the proposed development on the south shore of the lake. We believe it is a sensitive area due to the following reasons: 1. The area is full of steep slopes. The proposed road is on the slope side away from the lake, but due to the long narrow lots proposed and the distance between the proposed road and the lake, this plan would result in eight more roads being built to lead into each of the lots. These subsequent roads, along with buildings and lawns, would result in alterations of topography and clearing of vegetation. The effects of these changes plus the use of fertilizers, pesticides, and herbicides, along with runoff and erosion would impact the lake negatively. 2. The habitat for plants and animals in need of special protection would be effected. There are at least two eagle nests in the proposed development, and there have been frequent bald eagle sightings, along with loons, pileated woodpeckers, fox, beaver, muskrats, osprey, herons, hawks, mink, and white and yellow water lilies. 3. The shoreline on the proposed development and the lake itself are not suited to more water based recreation. Some of the shoreline is a wetland area, and the rest is very soft mud bottom. The small size of the lake, only 45 acres, does not lend itself to more water traffic than it already has. Adding eight more lots on a lake this small would have a significant negative environmental impact. 4. There was no indication on the survey map to show the 100 year flood plain, nor was there any elevation data on the proposed lots. It would be impossible to assess the environmental impact on the area with out information on the soils, topography and vegetation in the area. We would like to request that an environmental impact assessment be done on the proposed development before any decision is made on the application for a Conditional Use Permit. Thank You 1) t Richard West. P.E. C 'aunty En^tineer Phone 21H-739-2271 Fax 21S-739-1070 OTTER TAIL COUNTY HIGHWA Y DEPAR TMENT 419 S. Court Street. Fergus Falls. MN 56537 September 10. 1999 SEP 10 1999 Mr. Steve Sletner, P.E. TEC Design 3030 Harbor Lane. Suite 124 Plymouth. MN 55447 North American Lakes and Lands. LLC Lake Alice Proposed Subdivision Roadway Design TEC Project No. 997301 RE: Dear Steve: I met with Mr. Bill Kalar, Otter Tail County Land and Resource Office Director on September 2. 1999 to review your proposed roadway design. Mr. Kalar asked me to contact you with the following comments: Proposed V-bottom ditches: We believe the V-bottom ditches w ill be very prone to erosion problems because of the moderate to steep road grades. We are requesting that the ditches be constructed with a five foot flat bottom to spread the water flow and minimize the erosion potential. Roadway Grades: The Otter Tail County Subdivision Controls Ordinance. Appendix III. Minimum Road Standards call for a maximum grade of 8%. Your proposed grade-line has four locations where the grades e.xceed 8%. Please adjust grade-line to comply with the Ordinance requirements. After these changes are made on the plan set, please re-submit to us for review. Thank you. Sincerely. Otter Tail County Highway Department Richard West. P.E. County Engineer RKW:co cc: Mr. Bill Kalar, Otter Tail County Land & Resource Office File Enel. Otter Tail County Minimum Road Standards \\ENGINEERING\SYS\USERS\HWYSHARE\MISC mk\Lake Alice Design.doc iAN EQUAL OPPORTUNtTY/AFFIRMA TIVE ACTION EMPLOYER V Subdivision Controls Ordinance of Otter Tail County Page 1 7 APPENDIX III MINIMUM ROAD STANDARDS ; The following width and grade standards of road design shall be observed by the subdivider: 1. Minimum Riqht-of-Wav Width Maximum Grade Highways and Arterial Roads/Gollector Roads 80 Feet 6%(secondary) 100 Feet 6%(primary) Local Roads 8%66 Feet(tertiary) 33-Feet 8%Alleys 2. All roads dedicated for public use or for the use of lot owners on a plat presented for the approval shall-have a permanent minimum width of 66 feet right- of-way (during the road construction period the right-of-way width may exceed 66 feet to provide for the appropriate backslope). Dead end roads require a cul-de-sac ^ which has a minimum 120 foot diameter. 3. All dedicated roadways have a roadbed of not less than 24 feet in width when a permanent gravel surface is anticipated and not less than 32 feet when a bituminous surface is anticipated. All cul-de-sacs, regardless of surface type, Shall have a minimum traveled surface diameter of 100 feet. When necessary for drainage, ditches along the roadbed^all nbtl^beije^S-= than 2 feet deep. ^ 4. 5. Graveling is required. Minimum gravel thickness shall be.3 inches; compacted or 4 inches loose. i 6. Call Land ,& Resource Management Office, 218-739-227T when road is ready fpr inspection. APPENDIX III TYPICAL GRADING SECTION 1vw R/W 33'33’ l-IQ3'12’12’ i 1T2.0’ \________/•b2 t OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT: Duane & Marion Donley RRl Box 159 Richville, MN 56576 Larry Stoller (Buyer) 291 Palomino Dr St Paul, MN 55124 HEARING DATE/LOCATION: January 13, 1998 at 8:00 P.M. Commissioner's Room Otter Tail County Courthouse Fergus Falls, MN 56537 PROJECT DESCRIPTION (AS STATED ON THE APPLICATION) : Use Permit Application for road approval. Lakes and Land, LLC (Larry Stoller), are the prospective owners of the subject property, subject to our closing with the Donleys by the end of December, probable, provided by the Donleys, road which Ultimately, developed lots with a minimum of disruption to the land, property is a relatively steep grade to the lake, and our proposed configuration flows with the land at some of its highest elevations, thereby minimizing cuts, fills and timber clearing that may be necessary in other plans. In addition, we believe that this plan would offer the most pleasing view of the property from Highway 14, retaining the property itself, not the road development, as the focus of attention for the public. A Conditional We at North 7\merican The road configuration is approximate, but pending our receipt of the full boundary survey to be Its placement provides a layout for the would be secluded by substantial, mature forest, the new road would provide reasonable access to The LAKE NAME/NUMBER/CLASS: Lake Alice (56-244), NE FIRE NUMBER: N/A LEGAL DESCRIPTION: Pt Gov Lot 6 (40.73 Ac), Section 25 & NEl/4 NEl/4 (40 Ac), Section 36 of Dead Lake Township 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, Courthouse, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or forwarded to the Land & Resource Management Office. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. Bob Schwartz December 23, 1998 Chairman Planning Commission Mailing Date ■i >PURCHASE AGREEMENTSc,106. Address 107. Page 3 Date /t7 - 108. REAL ESTATE TAXES shall be paid as follows: 109. Buyer shall pay, PRORATED FROM DAY OF CLOSING,___12THS^Li)nONE real estate taxes due and payable in the year 19 . (CffCle one) ‘110. Seller shall pay, PRORATED TO DA? OF CLOSING,___12THS,/^lQ NONE real estale taxes due and payable in the year 19 . If the (circle one) 111. Closing date is changed, the real estate taxes paid shalLJLororated, be adjusted to the new closing date. Seller warrants taxes due and 112. payable in the year 19 will be FULL-PAR'pNOlsNhomestead classification. If part or non-homestead classification is circled. ' tciicieon^ 113. Seller agrees to pay Buyer at closing $ O •"* 114. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes when they become 115. due and payable. No representations are made concerning the amount of subsequent real estate taxes. 116. POSSESSION: Seller shall deliver possession of the property not later than 117. All mterest. homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity, and natural 118. gas shall be prorated between the parlies as of date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY 119. NOT INCLUDED HEREIN from the property by possession dale. . 120. ENVIRONMENTAL CONCERNS: To the best of the Seller's knowledge there are no hazardous substances, dr underground storage tanks, except 121. herein noted: 122. __ . . . ______ after closing. 123. SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWER DYES^NO CITY WATER □ YES 124. SELLER/BUYER AGREES TO PROVIDE WATER QUALITY TEST RESULTS IF REQUIRED BY GOVERNING AUTHORITY AND/OR LENDER. (circle one) 125. SELLER/BUYER AGREES TO PROVIDE, IF REQUIRED BY THE TERMS OF THIS PURCHASE AGREEMENT OR BY GOVERNING (circle one) “ “ 126. AUTHORITY AND/OR LENDER, A LICENSED INSPECTOR’S SEPTIC SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF 127. THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS. NOTICE: A VALID CERTIFICATE OF COMPLIANCE FOR THE SYSTEM MAY 128. SATISFY THIS OBLIGATION. NOTHING IN LINES 125 TO 129 SHALL OBLIGATE SELLER TO UPGRADE, REPAIR OR REPLACE THE 129. SEPTIC SYSTEM UNLESS OTHERWISE AGREED TO IN THIS PURCHASE AGREEMENT. 130. SELLER WARRANTS THAT CENTRAL AIR CONDITIONING. HEATING. PLUMBING AND WIRING SYSTEMS USED AND LOCATED ON 131. SAID PROPERTY WILL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS NOTED IN THIS AGREEMENT. 132. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO ESTABLISH THAT THE 133. PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF PURCHASE AGREEMENT. I 134. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF WATER 135. IN BASEMENT. OR DAMAGE CAUSED BY WATER OR ICE BUILD-UP ON ROOF OF THE PROPERTY AND BUYER RELIES 136. SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT BY SELLER: 137. SELLER HAS / HAS NOT HAD A WET BASEMENT. AND HAS / HAS NOT HAD ROOF. WALL OR CEILING DAMAGE CAUSED BY WATER (circle one)(Circle one)/ff^NOT/t ({circio oncl 138. OR ICE BUILD-UP. BUYER HAS ECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT. 139. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 140. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT OR A STATEMENT THAT NO WELL EXISTS ON THE PROPERTY, 141. AND A SEPTIC SYSTEM DISCLOSURE STATEMENT OR A STATEMENT THAT NO SEPTIC SYSTEM EXISTS ON OR SERVES THE 142. PROPERTY. AS REQUIRED BY MINNESOTA STATUTES. 143. I ACKNOWLEDGE THAT I HAVE;,RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND 144. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT. JSfeUVER(S) _ BUYER(S) 145. SELLER(S) 146. SELLER(S) 147.NOTICE I / (Licensee) (Company) is Seller’s Agent/Buyer’s Agent/Dual Agenimon-Agenn ' (arde one) ^ '■ ■ 148. 149. 150.is Seller's Agent/Buyer's Agent/Dual Agent/Non-Agent(Licensee) (citdc one)151. (Company) THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.152.I 153.DUAL AGENCY REPRESENTATION DUAL AGENCY FtEPFtESENTATION OpES(^OE^p^PpLY IN THIS TRANSACTION.154./ 155. Broker represents both the Sel(er(s) and the Buyer(s) of the property involved in this transaction, which creates a dual agency. This 156. means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because the parties may have confiicting 157. interests. Broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this 158. transaction without the consent of both Seller(s) and Buyer(s). Seller(s) and Buyer(s) acknowledge that: 159. 160. 161. 162. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other information will be shared; (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and (3) within the limits of dual agency. Broker and its salespersons will work diligently to facilitate the mechanics of the sale. 163. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker and its salespersons 164. to act as c^l agents in this transaction. M a /165. Seller 166. Seller Buyer 167. Date D?te, . ? r ■ ■/■ OO■s (! PURCHASE AGREEMENT 168. Address ^ - 169. Page 4 Date ■fc£: A /T'/5 r?/<a-r- 170, OTHER: A^/Ures -75 £^( a-r/fJii, 7~.^/^ g»- "' ■ ' ■' V{5LAf>sJ. /‘^yjjoe /) Z^ :Sercc^e^172. AllU^SlJ / ^rr.'MJO^jej^ ■SLxjrev’^^ C'J!= 173. ~iUT ^u\£3-^i£Crir174. 175. I, the owner of the properly, accept this Agreement and 176. authorize the listing broker to withdraw said property from 177. the market, unless instructed otherwise in writing and 178. I have reviewed all pages of this Purchase Agreement, I agree to purchase the property for the price and in accordance with the terms and conditions set forth above and I have reviewed ali pages of this Purchase Agreement. t //yl^ Seller's Signature) —UikL /o -3^-fS'179. X. (Buyer's Signature)(tale)(Date) (Buyer's Printed Name) * IIU^UE__Qj^N-L^X180.x (Seller's Printed Name) Ais7/t^-riL4 AsrJ^iri' M.181. X X (Social Security Number - optional)(Marital Status)(Social Security Number • optional)(Marital Status) 182. X X (Seller’s Signature)(Buyer's Signature)(Date) }/y\ci.Cion n ley (Seller's Printed Name) ’ j 183. X X (Buyer’s Printed Name) t ^75~ (Social Security Number - oplional)(^nL184.x X (Marital Status)(Social Security Number - optional)(Marital Status) <S'S‘ THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 187. MN:PA-4 (9/97) IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 185, FINAL ACCEPTANCE DATE 186. '■-■.'•1 I ) ■. i'/f r V. : iM .. .