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HomeMy WebLinkAbout29000990575001_Conditional Use Permits_12-04-1996Conditional Use Permits 1 Barcode 128 807748 'Office of County Recorder County of Otter Tail I hereby certify that the within instrument was filed 'for record Clhis office onjhe_A.D.igJWat Knq^ and was(^uly Microfilmed as Doc.CiiXciC|S -7 APPLICATION FOR CONDITIONAL USE PERMIT Otter Tail County Fergus Falls, Minnesota 56537 (218) 739-2271 y of ■ .1County Recorder _____Deputy — Please Complete With Black Ink —. 's (^JiorvoJra. Last Name ^ Sfreef A No. City ^ Sfafe Owner:Phone: Middle Zip No. Lake ClassLake No.Lake Name 33 /33Sec.Twp.Range Twp. Name Fire # or Lake ID # ___^ 9L 5 73TLegal Description: - ‘7^- a 5 -a£)/Parcel Number ^£GM£^T to Till .2 Pt^er to E^/mg- To p FFeT AS>v£~ o£h/Aif7y K/gA 4/^6" EXPLAIN YOUR REQUEST: ELG^mT/oM pot MauAsb •5HTTEIP\ (Y7.S ' XOo' Op PTT4enet bi^^u/Aic, Akkoio 6eFi£u<e/n ) fall of /)l5o AfQiaFTL To ho Fill(jo In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about sur­ rounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand th^t approval of this request applies only to the use of the land. Any construction also requires a site permit ia XAJnv. ^Application dated 1/Signature Of Applicant - DO NOT USE SPACE BELOl '7.0019 .Time:_Date of hearing: Planning Commision recommendation as follows: Approved as presented. Discussion CB Meeting - *see reverse (05/06/97) Thft County Board rtf Commissioners Action: (fy\<xy Al,__Approved as recommended Y Denied as recommended (AprTl 22 , 1997 ) X Chairmenler '96Motion carried to table this Conditional Use Permit 1 for 60 days following April 1, 1997. Mr. Sumstad is tto provide a letter of agreement for this extension. flpr-i T ??;■ 1QQ7 — mrif-inn to ^pprnxre^ thi .c; CTTP f 3 sf Oty' day ofMinnesota Commissioner of Natural Resources notified this^ :mihi A Uj22^CONDITIONAL USE PERMIT NO. Land & Resource Management Officiai Otter Tail County. Minnesota mailed copy of Application to Applicant.i aiitt(Date/ll f VpmuiM LO .onBK 0996-006 263.384 • Victor Lundeen Co. Pnrtiers • Fergus Falls. Mi \ A'’ * Commissioner Stone opened discussion of the Previously denied CUP application of Rolf Sumstad. Resource Administrator. requirements of the mound system took place, determination of the ordinary high water level used to be estimated. Now, by law, the DNR sets the ordinary high water level. The board recognized that the issue of separation from the bottom of mound systems to the ordinary high water level exists and they need to be certain about the current scientific expertise behind this issue. The County Attorney reported to Mrs. Sumstad that information will be compiled for the board's review and, hopefully, a determination could be made on Mr./Mrs. Sumstad's CUP request based on new information by June 1, 1997. Mrs. Sumstad was present for the discussion as well as the Land & Discussion of approval of other lots for fill to meet The County Attorney explained that Motion by Nelson, second by Stone to approve the CUP of Rolf Sumstad 133, R. 39, West Battle Lake, 56-239) with conditions as Discussion followed with concern Chairman Lindquist called for ★ ★ (Sec. 33, Twp. recommended by the Planning Commission, that this is a change from the ordinance. a roll call vote. Commissioner Yea XStone Nelson Portmann Lee Lindquist X X X X Motion passed 3-2 with Commissioner Portmann expressing reservations because this CUP request does not meet county regulations, requested communication with the Planning Commission on this issue and stated that she would not vote for another one of these requests in the future. Ms. Portmann The County Attorney requested that the Land & Resource Department adjust procedures so these kinds of variances are considered by the Board of Adj ustment. l Otter Tail County Board of Commissioners May 27. 1997 Page 5 May 27. 1997 Page 6-1 Yea NayCommissioner XStone Nelson Portmann rather than wait until erosion occurred. An opinion exists that this slope could fail even if nothing is done. The Planning Commission did not have a copy of Mr. Lejchehs letter at the time of consideration of the permit. X X XLee XLindquist Motion by Portmann, second by Lee, and unanimously carried to remand the Conditional Use Permit application of Walter Seifert (Sec. 18, Pine Lake Township, Big Pine Lake. 56-130) back to the Planning Commission for consideration of Mr. Lejcher's comments.Motion passed 3-2 with Commissioner Portmann expressing reservations because this CUP request does not meet county regulations. Ms. Portmann requested communication with the Planning Commission on this issue and stated that she would not vote for another one of these requests in the future. Conditional Use AoDlication: The County Attorney requested that the Land & Resource Department adjust procedures so these kinds of variances are considered by the Board of Adjustment.Chuck Will was present to represent the application of David Will/Chuck Will (Sec. 26, Tordenskjoid Township, Stalker Lake, 56-437). Tordenskjoid Township Chairman, Glen Bolstad, asked about the gravel road that runs through the area. Mr. Will stated that the applicants would like to move the township road and relocate it on top of the ridge. Mr. Bolstad expressed concern if something unforeseen happens and the project is started and not completed. The Chairman suggested that a performance bond be required. The County Attorney explained that, based on county ordinance language, the county reserves the right to require performance bonds, which would be filed with the County Auditor poor to approval by the County Board of a Conditional Use Permit. General consensus of the board was to table the Conditional Use Permit of David Will/Chuck Will (Sec. 26. Tordenskjoid Township, Stalker Lake. 56-437) to allow time for the County Attorney to research and establish a reasonable dollar amount for a performance bond for this project. Review of GIS Test Area Update - Present 911 Issues Bob Block, GIS Coordinator, introduced discussion regarding three topics for the E-911 system; 1) Public Heanng for consideration of enactment of the Otter Tail County Enhanced 911 Ordinance is scheduled for June 17, 1997, 2) road naming procedures, and 3) a slide presentation. Brian Armstrong presented the slide presentation and provided a corresponding handout regarding the level 3 road naming plan. Mr. Block showed the board a map of the test site and noted that this area will be on the GIS computer system which will be presented to the board in two weeks. Motion by Portmann. second by Lee. and carried, with Commissioner Nelson not voting because of a temporary absence from the room, to approve purchase of aerial photo cabinets, in the amount of $1,000 - $1,200. Mound System Analysis - Rolf Sumstad CUP Bill Kalar, Land & Resource Administrator, provided a diagram of a mound system and identified the area of separation that is required. The vertical distance required between the OHWL and the ground surface for a mound system needs to be 2 feet. In the specific CUP of Rolf Sumstad on West Battle Lake, there is only 1.9 feet. What is proposed is to bring fill in to raise the mound to meet the requirements of the county ordinance. According to state rules, 1 foot vertical separation above the OHWL is permissible. In this particular instance, the Sumstad's are 3-4 inches short of 2 feet based on the OHWL. With this background in mind. Mr Kalar reviewed past ordinances and state regulations detailing an analysis of the difference between state and county regulations for mound system separation The state has required a 1 foot separation, whereas the county ordinance requires a 2 foot separation The mound systems that fail generally fail because they are installed too low. Commissioner Lee expressed concern for the quality of the lake because the water behind the Rolf Sumstad property allows the possibility of polluting the lake because the flowage will be toward the lake. Commissioner Stone stated that the Planning Commission approved the Rolf Sumstad CUP and the mound systems where problems have been experienced were with those put in without enough separation. John Madison representing COLA urged the county to be cautious regarding a change in the ordinance pertaining to ground water because ground water cannot be cleaned. Commissioner Portmann requested an affirmation of the county's ordinance. WII the county stay with the 2 foot separation requirement or go to a 1 foot separation for mound systems? Applicant, Rolf Sumstad. stated that the well drillers told him that the water line is well below the 1 foot to 2 foot separation that he currently has on this property. Chairman Lindquist requested further comment from the public. No comment was offered. Deferred Sales Contract Resolution Otter Tail County Resolution No. 97-30 Upon motion by Lee. second by Nelson, and unanimously earned, the Otter Tail County Board of Commissioners adopts the following.resolution: WHEREAS. Otter Tail County is a predominantly rural area and agnculture is a substantial contributing factor to the economy of the county; and WHEREAS, the harsh winter weather in this region of the country restnets the ability of farmers to move agncultural products to market for a significant portion of the year and WHEREAS, many farmers utilize deferred sales contracts to move products to market in the fall before harsh winter weather sets in to maintain the needed cash flow; and WHEREAS, proposed regulations of the United States Internal Revenue Service penalize farmers for early delivery of agricultural products to market by requiring that income be reported on the date of delivery rather than the date of sale when the payments are received: and -----^WHEREAS, proposed legislation sponsored by Senatoc-Kent Conrad and Senator Byron Dorgan of Nortfr Dakota as Senate Bill S-131 and House of Representatives Bill H.R. 426. would allow farmers to use deferred sales contracts and pay their income taxes at the time they receive their income. Conditional Use Permit: Motion by Nelson, second by Stone to approve the CUP of Rolf Sumstad (Sec. 33, Twp. 133, R. 39, West Battle Lake, 56-239) with conditions as recommended by the Planning Commission. Discussion followed with concern that this is a change from the ordinance. Chairman Lindquist called for a roll call vote. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby declares its support for Senate Bill S-181 and House of Representatives Bill H.R. 426 and strongly urges the United States Senators and Representatives from the State of Minnesota to support passage of these Otter Tail County Board of Commissioners April 22, 1997 Page 5 Update - Extension Educators Ag Educator, Bob Stommes, updated the board on recent ag programs and seminars. Several handouts were provided. Commissioner Lee questioned a new IRS ruling about farmers not being able to carry over profit. The Chairman directed Educator, Denzil Cooper, to draft a resolution to address this issue and return to the board. Snowmobile Grant-In-Aid Trail Systems Resolution Otter Tail County Resolution No. 97-26 Upon a motion by Lee, second by Stone, and unanimously carried, the Otter Tail County Board of Commissioners adopts the following resolution: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Trail Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Trail Systems proposed extensions are subject to the review and approval of the County Attorney; THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for Otter Tail Country Trail Association and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Adopted this 22nd day of April, 1997. Dated:OTTER TAIL COUNTY BOARD OF COMMISSIONERS By Andy Lindquist, Chairperson Attest; Larry Krohn, Clerk Proposed Turkey Feedlot - Maplewood Township Bill Kalar, Land & Resource Administrator, presented a letter dated April 10, 1997, from Mr. Paul Hoff of the MPCA. The letter requests a response from Otter Tail County regarding the county’s future zoning plans and the county’s thoughts on the proposed turkey feedlot location in Maplewood Township. Chairman Lindquist stated that the Otter Tail County Board has already expressed that these issues should stay on the state level and requested that Mr. Kalar pass that information onto Mr. Paul Hoff. Additionally, Commissioner Lee stated that Maplewood is a state park and the state should speak to the issue of the location of the proposed turkey feedlot relative to Maplewood State Park. Otter Tail County does not have jurisdiction/control over a state park. Conditional Use Permit - Rolf Sumstad Mr. Kalar briefed the board on a Conditional Use Permit application of Rolf Sumstad on West Battle Lake which was previously tabled because of snow conditions. Mr. Kalar presented two letters from neighbors in the area. Chairman Lindquist read the letters for the record. Both letters expressed no objection to installation of a mound system. Commissioner Stone viewed the property and spoke in favor of the mound system. Commissioner Lee expressed concern regarding the type of soil and requested statistics on a perk test. Bill Kalar relayed perk test information and stated that the soil in the area was coarse texture type soil. The Planning Commission had approved this request as presented. Motion by Stone, second by Nelson, to approve a Conditional Use Permit for Rolf Sumstad on West Battle Lake (Sec. 33, Twp. 133, R. 39) as presented. Motion failed. Conditional Use Permit - Lyle Kackelmeyer Bill Kalar reviewed the Conditional Use Permit application of Lyle Kackelmeyer on Marion Lake. The CUP application is for approval of three approaches. The Highway Engineer documented concern that, as Otter Tail County Board of Commissioners December 10, 1996 Page 4 Rural Coalition Chair Portmann acknowledged correspondence from the Minnesota Rural Counties Coalition. Discussion regarding the coalition followed. Motion by Lee, seconded Windels and carried, with Stone opposed, to decline participation in the MRCC at this time, because benefits to participate may be limited since the MRCC is a part of the AMC. Chair Portmann will write a letter to the MRCC to convey that Otter Tail County is interested in the Rural Coalition, however, do not wish to participate at this time since the coalition is organized within the AMC. Temporary Appointment Vice-Chair Lindquist appointed Commissioner Lee temporarily to the Negotiations Committee (Employee Relations Committee) until a permanent appointment is made for the upcoming year. Planning Commission Recommendations Bill Kalar, Land & Resource Administrator, presented the Planning Commission recommendations. Conditional Use Application: Commissioner Lee expressed concern regarding the Conditional Use Permit request of Rolf Sumstad. Mr. Kalar reported that there was a letter of opposition read at the Planning Commission meeting. The letter expressed opposition because of the area and the fact that some people have been turned down for construction of a mound system. Commissioner Lee requested that the Commissioner representing this area look at this property and report back to the Board. Mr. Kalar reminded the Board of the 60-day rule. The 60-day rule requires action within 60 days or the CUP would be approved by default. Following discussion with Mr. Sumstad, motion by Windels, seconded Lee, and unanimously carried to table this Conditional Use Permit for 60 days following April 1, 1997. Mr. Sumstad is to provide a letter of agreement for this extension. Preliminar/ Plat: Motion by Lee, seconded Lindquist and unanimously carried to approve the following Preliminary Plat with conditions as recommended by the Planning Commission: “Prairie Ridge", Charles Egge, Section 11, Pelican Township Final Plat Mr. Kalar reported that roads meet county specifications as required for “Blyberg’s Point First Addition” plat, however, question remains regarding the structure requirement. The Shoreland ordinance language states that roads shall be constructed with setback requirements whenever feasible. Relative to this plat, a decision was make that it would be less detrimental environmentally the way it was constructed rather than putting the road back 75 feet. Additionally, Mr. Kalar reported that the lot configuration (consecutive numbering system) is off on one lot. The ordinance does state that numbering should be consecutive. Motion by Lee, seconded Windels, and unanimously carried to approve the following final plat: “Blyberg's Point First Addition", Section 17, Twp. 137N, R. 42W, Fish Lake Water Testing Results Land & Resource Director, Bill Kalar, provided a handout of the 1996 water testing results with a map showing the various testing sites. Additionally, the handout included 32 sites the COLA monitored and the corresponding testing results. 1996 Minnesota Statutes Books Motion by Lindquist, seconded Lee, and unanimously carried to approve payment to the State of Minnesota, in the amount of $555, for the purchase of three sets of the 1996 Minnesota Statutes. The sets are for the County Assessor’s office. County Auditor’s office, and the County Commissioners’ room. Otter Tail County Board of Commissioners May 6,1997 Page 3 Proposed Enhanced 911 Ordinance The County Attorney reported that the proposed Enhanced 911 Ordinance is in preliminary draft form and requested the board to consider setting a date for a public hearing regarding consideration of enactment of the ordinance. The proposed ordinance will provide procedure(s) to assign addresses to newly constructed properties once the 911 system is in place. County Board members set the date for the public hearing at a regular board meeting on June 17, 1997. Solid Waste Service Fees for Cabins Service Fee System Administrator, Michele Petterson, opened discussion regarding the development of a policy/policies for service fee system assessment points to cabins. Ms. Petterson reported that consistency is needed in assessing the points and further presented two recommendations from the Solid Waste Advisory Committee^ Additionally, she reported that 3 service fee points is equal to $22.50 and 5 service fee points is $37.50. Motion by Lee, second by Portmann, and unanimously carried to approve, as a policy, the assessment of 3 solid waste service fee points to cabins that have electricity and either a well or individual sewage treatment system, excluding privies as recommended by the Solid Waste Advisory Committee. Motion by Portmann, second by Lee, to assess a parcel occupied by a primary house and a guest house a total of 5 solid waste service fee points. A parcel occupied by a primary cabin and a guest cabin will be assessed a total of 3 solid waste service fee points. If a guest house or guest cabin meets the qualifications of a cabin listed in the previous motion, and is on an adjoining parcel to the primary house or cabin parcel, the adjoining parcel will be assessed an additional 3 solid waste service fee points. If the guest house or guest cabin does not meet the qualifications of a cabin as stated in the previous motion, it will be assessed 0 solid waste service fee points. Discussion followed the motion. Commissioner Lee suggested considering assessment based on the number of bedrooms. Board members tabled the motion on the floor until next week to allow further study. Discussion - Roif Sumstad Conditional Use Permit Application Commissioner Stone opened discussion of the previously denied CUP application of Rolf Sumstad. Mrs. Sumstad was present for the discussion as well as the Land & Resource Administrator. Discussion of approval of other lots for fill to meet requirements of the mound system took place. The County Attorney explained that determination of the ordinary high water level used to be estimated. Now, by law, the DNR sets the ordinary high water level. The board recognized that the issue of separation from the bottom of mound systems to the ordinary high water level exists and they need to be certain about the current scientific expertise behind this issue. The County Attorney reported to Mrs. Sumstad that information will be compiled for the board’s review and, hopefully, a determination could be made on Mr./Mrs. Sumstad’s CUP request based on new information by June 1, 1997. Board of Equalization Schedule Assessor, Bob Moe, reported that there is some flexibility for an individual unable to attend the local board of review meeting to appear on the Board of Equalization agenda in special circumstances. Mr. Moe reported that the state has recommended that individuals affected by the flooding should be given special consideration. Upon recommendation by the Assessor, a motion was offered by Portmann, seconded by Stone, and unanimously carried to allow individuals the flexibility to schedule on the Board of Equalization agenda even though they have missed the local board of review subject to those individuals affected by the 1997 flooding and to require information in writing which states the reason for missing the local board of review meeting.