HomeMy WebLinkAbout29000280190006_Conditional Use Permits_04-11-2007Conditional Use Permits
1
Barcode 128
1018015
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #-----------------------
was filed/recorded in this office
for reco the^H—day of
___2007 atiip^i^pm
L. Met(Wei
hw Uio CO cH^^recordina f^
^weli certifirate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertaM.mn.us
Application Fee j
/y//JCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number_
Accepted By / Date
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PROPERTY OWNER(S)DAYTIME PHONE
MAILING ADDRESS
(^C>LAKE NUMBER LAKE NAME LAKE CLASS
M./33SECTIONTOWNSHIP RANGE TOWNSHIP NAME
Ho^ 5z' ^Z<^- r>i9D- oo(oPARCEL
NUMBER
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ADDRESS T
LEGAL DESCRIPTION
PART GL 1 COM Nl/4 COR SEC 28
W 277' TO BG W 377.57' S 177'
S 54 DEG E 319' N 17 DEG E
380' TO BG
2-' 10 J[c\nf. "S
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
irTopographical Alteration Commercial Use Cluster Development__ Extractive Use Industrial Use
Forest Land Conversion Miscellaneous
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT-1.AND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
■(izt
SIGNATURE OF PROPERTY OWNER (S)DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
'LOO (OuJLct_
07V- AJ^CUKWu^ '^o'yC*-^;C>'
/IptyJ. /// P^/)dn "]'30fmDate Of Planning Commission Hearing Time
Planning Commission Motion
April 11. 2007:
Motion: A motion by Trites, second by Estes, to deny, reasons being the incompatibility
with the surrounding area, and the possibility for adverse environmental impact.
Chairman/Otter Tail Counfy Planning Commission
County Board Action
____Approved As Recommended
Denied As Recommended
le
Chairman/Otter Tail County Board of Commissioners Date I Action
(loAAAflxl
L & R Official/Date
CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
Copy of Application Mailed to Applicant, Co. Assessor and MN DNR
bk 0204-006
No
/ L&R Official/Date .. /
317,339 • Victor Lundeen Co., Primers « Fergus Falls, Minnesota
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel CC'Y:i ~0/9v
described in my ./
^ XrC 1_____
C i i - V'/ Application
r 0h\^
, As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
dated
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
1/PROPERTY OWNERDATED
11-02-04
Mbowman forms-apps waiver 60 day rule
CERTIFICATE OF SURVEY
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That part of Government Lot 1, Section 28, Township 133 North, Range 39 West, Otter Tail County,
Minnesota, described as follows:
Commencing at the north quarter corner of said Section 28;
thence West, assumed bearing, along the north line of said Section, 277.02 feet to the point
of beginning of the land to be described;
thence continuing West, along said north line, 377.57 feet to the northerly extension of
the east line of the Public Road as dedicated within the recorded plat of "SUNSET BEACH";
thence South 00 degrees 01 minutes 05 seconds West, along said extension and along said
east line, 177.86 feet to the northeasterly most line of said Public Road;
thence South 54 degrees 43 minutes 08 seconds East, along said northeasterly line, 319.17
f eet ;
thence North 17 degrees 54 minutes 45 seconds East 380.66 feet to the point of beginning.
The tract contains 2.10 acres more or less and is subject to an existing public roadway easement
over the North 33.00 feet thereof.
SEC. 2B T 133 N R 39 U
I haraby oaritfy that thia aurvay, plan or
raporl was praparad by ma or undar my dlreot
auparvision and that I am a duly Registered
Land Surveyor undar the laws of the State of
Minnesota. ^ y y/
REQUESTED BYi06-21-94DATE I ED DANIELS
DRAUN BYt MHN
NYBERG SURVEYING a INC.CHECKED MHN
50/0 N. RIVERVIEU DR.
CARLOS. MINNESOTA. 56319JOB NO.y
2-/. /9/y 2178Pate.Rag. No. 13145 PH. (6121052-/455 • FAX. 652-/45/
* «(RECEIVED
APR 16 2007
land & RESOURCE
i,\'
MEMORANDUM
Bert Olson, Chairman - Planning Commission
County of Otter Tail
Government Services Center .
N^^^^nd Catherine ^Ibl^sonaV^
216 Hickory Dale Dri^ Dover, Delaware 19901
(302) 736-1063
TO:
FROM:
April 10, 2007DATE:
SUBJECT: Opposition to Judith A. Daniels Conditional Use Permit Application
This memorandum is written in opposition to the conditional use permit application
request of Judith A. Daniels of 41758 Grace Etta Road in Henning, Minnesota.
We are seasonal and holiday residents of a lake home off Grace Etta Road on West Battle
Lake (42042) and enjoy the peace and serenity of this quiet location in Girard Township.
Establishment of a commercial business in this area threatens to compromise the integrity
of the lake area and further has the potential long-term effect of negatively affecting the
property value of the homes along the lakeshore.
Our objection to this business is not personal in nature: We do not know the applicant of
the permit application. Our objection is to the idea of a commercial business established
on the current residential Grace Etta Road and our opposition voiced against this
application would be extended to any other commercial property request on Grace Etta
Road.
Thank you in advance for consideration of our objection to this application.
Rpr 09 20 09:3Ba Noble Gilbertson 30273G3048 p. 1
received
APR> 02007
land & RESOURCEMEMORANDUM
Bert Olson, Chairman - Planning Commission
County of Otter Tail
Government Services Center .
TO;
FROM: N
216 Hickory Dale DrivefOover, Delaware 19901
(302)736-1063
April 10, 2007DATE;
SUBJECT: Opposition to Judith A. Daniels Conditional Use Permit Application
This memorandum is written in opposition to the conditional use permit application
request of Judith A. Daniels of 41758 Grace Etta Road in Hemiing, Minnesota.
We are seasonal and holiday residents of a lake home off Grace Etta Road on West Battle
Lake (42042) and enjoy the peace and serenity of this quiet location in Girard Township.
Establishment of a commercial business in this area threatens to compromise the integrity
of the lake area and further has the potential long-term effect of negatively affecting the
property value of the homes along the lakeshore.
Our objection to this business is not personal in nature; We do not know the applicant of
the permit application. Our objection is to the idea of a commercial business established
on the current residential Grace Etta Road and our oppo.sition voiced against this
application would be extended to any other commercial property request on Grace Etta
Road.
Thank you in advance for consideration of our objection to this application.
Planning Commission
Ottertail County
Government Services Center
West Fir
Fergus Falls, MN 56537
April 2,2007
RECEIVED
APR T) 9 2007
LAND & RESOURCE
To whom it may concern:
In regards to Judith A Daniels request to put a commercial
business on (Pt of GL 1.. .(2.10AC), of Section 28 of Girard Township, I
feel this should not be allowed. I believe the property is within 1000 feet
of the lake and therefore should not be allowed to run a business there. I
feel if this is allowed it will detract from the value of my property.
Sincerely,
CD6,
Ronald E. Hibbard
Box 42432
Battle Lake, MN 56515
Page 1Mavis Samueisqn - Public Hearing - applicant Judith A. Daniels
^'^Uoor"Sayres" <sayres@prtel.com>
<msamuels@co.otter-tail.mn.us>
4/11/07 2:27PM
Public Hearing - applicant Judith A. Daniels
From:
To:
Date:
Subject:
Regarding the CONDITIONAL USE PERMIT APPLICATION REQUEST by Judith A. Daniels:
According to Shoreland Management Ordinance commercial endeavors are not allowed near the lake.
That is clearly stated and this application is for a business. Allowing one business could set a precedent,
one that could lead to more applications and thus businesses. Also, having a commercial endeavor along
the lakeshore alters the nature of the neighborhood. Therefore, since an ordinance is in place, this
application should not be granted.
John & Carol Sayres
23783 Clarissa Haven Drive
Henning, MN 56551
sayres@prtel.com
RECEIVED
APR 10 2007
tAND & RESOURCEOttertail County Planning Commission
Land & Resource Management Office
To the Commissioners:
We are definitly opposed to the granting of the permit request of Judith Daniels concerning
the lot on Section 28 of Girard Township. We live along Sunset Hill Road which is across the
road from the proposed commercial site. We do not think that food equipment sales and de
monstrations of such equipment is appropriate or necessary for this location. It's not com
patible with the surronding neighborhood of houses and cabins along West Battle Lake.
Besides the unsuitability of the location we are worried about the increased traffic and
noise. The Daniel's lot has two driveways opening onto Sunset Hill Road and there already
has been quite a bit of traffic in and out with trucks delivering machinery and equipment.
Plus, their dog barks and chases whenever we walk or drive by the lot. How much worse
would things be with customers coming and going?
We are also wondering about the effects of this business on our environment. What
chemicals would be used to clean the equipment? What smells and pollution would be com
ing our way with the cooking and smoking food demonstrations?
The Daniels in the past have said that they would only cut enough trees to build a
garage on the lot and would plant more trees to keep the beauty of the woods and the
noise down. But more and more trees have been cut as more buildings and machinery are
brought in each year. The noise from their sawmill and wood-planing was very disturbing.
Thus we are very skeptical as to how much traffic, noise and environmental effects this
business would really create.
Taking all these things into consideration we feel that there are so many better sites for
this business. It should not be next to a quiet neighborhood of homes and summer cabins
where people come to enjoy the peace and beauty of the lake and countryside. Please do
not grant the permit request. Thank you.
4/6/2007
April 2, 2007 RECEIVED
APR 0 4 2007
LAND & REi?OURCE
Otter Tail County Planning Commission
Land and Resource Management Office
Government Services Center
540 West Fir
Fergus Falls, MN 56537
Subject: Opposition to Conditional Use Permit Application at 42418 240*** Street, Judith
A. Daniels, Section 28 Girard Township
Dear Chairman Olson:
My name is Keith Bemdt. My wife and I own a home located at 42464 Sunset Hill Road
near the subject property.
I’m writing to express strong opposition to the conditional use permit application. I’ve
owned my property since 1994. In the years since the current owner has had the property
I’ve watched the steady decline. The decline has been a result of the owner’s
accumulation of equipment and general junk, combined with a complete failure to
maintain a reasonable standard of order. Each year more junk is moved onto the site and
more trees are removed. The site is a significant detraction to the area and adversely
affects the appeal and value of surrounding property.
The site is located adjacent to otherwise high valued Residential West Battle Lake lots.
This is not an appropriate location for this type of commercial endeavor by any owner.
The current owner’s demonstrated disregard about the appearance of the property and
complete lack of concern for the neighborhood makes approval of any commercial use
especially objectionable.
I request that the Planning Commission take two actions:
1. Deny the Conditional Use Permit
2. Direct County Staff to take all appropriate legal steps to force the owner clean up the
existing mess that exists on this property.
Sincerely,
.Pi
mKeith Bemdt
701.298.2372
218.329.2459
OTTER TABL COUNTY PLANNBNG COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT:Judith A. Daniels
41758 Grace Etta Rd
Henning, MN 56551
HEARING DATE/LOCATION: April 11,2007 at 7:30 P.M. **
Commissioner's Room,
Government Services Center
West Fir
Fergus Falls, MN 56537
CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): Change
existing building of 24 x 32 into commercial use for sale of medium size food equipment
such as saws, mixers and sausage stuffers. An addition of 16 x 32 would be a test kitchen
and clean up kitchen for above equipment. Customer use - 10 to 20 cars per month. No
commercial trucks will unload machinery at this location. Open by appointment only;
Monday - Saturday. On side of 24 x 32 building, request permission for a 4’ x 30’ unlit sign
to be attached to building.
Need approx. 200 cubic yards of fill for a hole on NE corner 30’ x 40’ (old gravel pit) and
landscaping of surrounding building.
LAKE NAME/NUMBER/CLASS: West Battle Lake (56-239), GD
E-911 ADDRESS: 42418 240‘" St.
LEGAL DESCRIPTION: Ptof GL 1... (2.10 AC), Section 28 of Girard Township
" Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus
Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the
Hearing._____________________________________________________________________
The above Applicant has made Application to the Otter Tail County Planning Commission
for a Conditional Use Permit as per the requirements of the Shoreland Management
Ordinance of Otter Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, Government Services Center 540 West Fir, Fergus
Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing
or mailed to the Land & Resource Management Office at the above address.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
March 28. 2007Bert Olson
Mailing DateChairman Planning Commission
l^'CC£\tyeo <3
Hj\\jo7 ni66rirJC
42406 Sunset Hill Rd.
Henning, MN 56551
April 3, 2007
Dear Mr. Olson:
As a very close by lakeshore home owner, we are opposed to the
conditional use permit application requested by Judith A. Daniels
for a commercial food equipment and test kitchen business. We are
opposed to this for the following reasons:
1. Originally, the present buildings on the Daniels’ property were
for storing their boat. Then they turned it into a storage for their
motor home, tractors, and trucks. Next it became a sawmill with
all kinds of noise and sawdust frequently being burned. There
were trucks coming in hauling logs for increased sawmill business.
Thus, the property changed from a thick wooded , quiet area to a
commercial, noisy business in a residential lakeshore area. What
else will be added in the future without permission by the proper
authorities?
2. Last spring a two stall garage was moved onto the property with
no permit. We had a commissioner come out to investigate and
heard nothing more.
3. The Daniels live on Grace Etta Beach with homes well over
$400,000 dollars. Why not put the sausage business in their own
garage?
4. This business has potential for emitting odors and noise from the
test kitchen lowering the value of our lakeshore property as well as
other neighboring properties.
5. Where will the waste go from the test kitchen? Will the waste
need a septic system?
6. Why is a sign needed if the business is open by appointment
only? Wouldn’t the owners of the business give the customers
directions on how to get there? The sign would not be appreciated
by the residents in the area calling attention to the commercial
business and taking away from the natural beauty of the
countryside.
7. Small towns in the area are eager for businesses to come to their
towns. Economic development low interest loans are always
advertised. Why do we have to have this business in our
backyard?
8. The application states that 10 to 20 cars per month would be
expected to come to the business. This business has potential to
have many more cars coming with more noise and traffic on the
property.
We appreciate your consideration of our concerns about the
Daniels’ request and hope that you will oppose their application.
We do not want to have our property value lowered due to
commercial business neighbors.
Thank you.
Dennis and lone Barron
(S^To:: Planning Commission, Otter Tail County
From: David and Arlene Berg
Date: April 11,2007
Re: Conditional Use Permit, Judith Daniels
We, for several reasons, oppose the issuance pf a conditional use permit for the proposed
commercial business located at 42418 240"'Street.
We own three cabins, each on a 100’ lot within 100 yards of this proposed business.
There are four to six other homes similarly close. We all bought and invested in a
residential area in good faith that it would remain so. To change it to commercial would
cause direct economic harm.
The permit request is too vague: there is no indication what the test kitchen will be used
for now or later. Cooking odors are inevitable. Will kitchen waste be stored outside? If
so, scavenging animals and local dogs and cats will be attracted.
The request for a large sign is excessive. If, as stated in the application, the business is
by appointment only, all customers will be given directions when making the
appointment.
We, along with all county residents, have benefited from the orderly development and
practical ordinances governing our most valuable assets , the lakes. Compliance, if at all
possible, is the key to success. The Daniels have a record of noncompliance , obtaining a
permit AFTER construction.
Thank you for your consideration.
Arlene and David Berg
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