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HomeMy WebLinkAbout18000150099017_Conditional Use Permits_06-21-2000Conditional Use Permits Barcode 128 00 O OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # was filed/recorded in this office for recoil op the day of ---------npfil 2002at :?-.n/Ta 901022 Wendy L.^tcalf, ^unW Rejx) jtj [)ry\iiffj^ Dflpirty Cn^^Q.CXy rennrriingfop ___________well certificate rder 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 DAYTIME PHONE 747-7TORWilliam & Marlys Klimp ADDRESS P.O. Rnx ?S4. AshFiy Mn LAKE CLASS gpLAKE NUMBER LAKE NAME Va g 1 Q T.a Tro SECTION 15 TOWNSHIP 131 RANGE 040 TOWNSHIP NAME FIRE/LAKE I.D. NUMBER AQOPARCEL NUMBER p i Rnnm Rnnoon^g LEGAL DESCRIPTION Sec - 15 TWP-131 Range - 040 part SW^ NW^ Com Center Sec 15 W1861' To BG W 731' N149' ElO' N140' WIO' N965' E259' S454' ELY 466' S816' To BG 16.37 AC EXPLAIN YOUR REQUEST Our original plan was approved for parking of 20 vehicles and no "storage" of vehicles.Now, after some experience, we have found that we need approval for vehicles being repaired in our auto repair part of the business. People drop iff vehicles to be repaired and don't always pick them up promptly, or we have trouble getting parts, or we have to "hold" the vehicles until they're paid for. end up being parked for 24 hours or more a lot of times, could get approval for 10 vehicles for longer time parking and 10 for store parking we would be in good shape and more realistic, leveled, graveled, etc. at the time of building so nothing needs to be done that way. Any vehicles that cannot be repaired and the premises, as soon as that is determined. For these and other reasons these vehicles Therefore, if The land was We do keep it neatly mowed, trimmed, & snow cleared. are "junkers" are removed from I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ySlGNATj/REOF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-0299-006 294.913 • Victor Lundeen Co . Prirrtar • Fergus Falls. Minnesota Accepted By Land & Resource L & R Official/Date 7-q)Date Of Planning Commission Hearing Time Planning Commission Motion June 21. 2000 Motion: A motion by Schwartz, second by Maske to approve a clarification of Conditional Use Permit #5419 regarding the parking of vehicles onsite, recommended that: 1. Long Term Parking shall be defined as being no longer than 2 weeks. 2. There be a total of 5 designated parking spaces onsite - 3 being in front as requested and 2 being between the deep well and the building. It was rei/Mt-f WO-3 Issued- SfvucWf.Chairman/Otter Tail County Planning Commission County Board Action \/^ Approved As Recommended ____Denied As Recommended •|i> CK IOther Chairmah/Otter Tail County Board of Commissioners ion CONDITIONAL USE PERMIT # L & R Ofncial/Date Permit(8) required from Land & Resource Management Yes (Contact Land & Resource Management)No Copy of Application Mailed to Applicant And MN DNR ^ L & R Official/Date ’dRd*Sci^T'h gs d. e (0O)<\ “'C ■I s /1^C?<D It arA AIt.A 1 '■ // /ir-' %A«Mi «' nk«K-4-> ^ ^ I iPo^\i\-5pjjjf« .... lA I ^■Dt C\U>1 "C. I ,>H-Xp-^c.1 Pn.tru^ -)f ■ Vi 5kn i o< Ijo 5 i5 P Ou-V, t !p IIII I1 i l£_—5VII S,^ w »gS £ O I \k' i-eGAL DESCRIPTION:SOIL BORING LOG — Date. COLOR & MUNSELL NO. DEPTH (INCHES)STRUCTURETEXTURE BLOCKY PLATY PRISMATIC NONEPARCEL NUMBER BLOCKY PLATY PRISMATIC NONE FIRE NUMBER NUMBER OF BEDROOMS BLOCKY PLATY PRISMATIC NONE GARBAGE DISPOSAL: YES NO ft.WELL CASING DEPTH:BLOCKY PLATY PRISMATIC NONE FLOODPLAIN: YES NO VEGETATION: AQUATIC TERRESTRIAL BLOCKY PLATY PRISMATIC NONE %SLOPE AT INSTALLATION SITE: TYPE OF OBSERVATION: Probe Pit Boring PARENT MATERIAL: Till Outwash Loess Bedrock Alluvium COMMENTS:. ORIGINAL SOIL:Yes No COMPACTED SOIL: Yes No ft.DEPTH OF BORING:. PERC TEST #2PERC TEST #1 - TWO TESTS ARE REQUIRED - PERC RATEWATER DEPTH WATER DROPINTERVAL (MINUTES)TIMEWATER DROP PERC RATEINTERVAL (MINUTES)WATER DEPTHTIME STARTSTART TIME DROP PERCPERCTIMEDROP PERC RATEWATER DEPTH WATER DROPTIMEINTERVAL (MINUTES!WATER DROP PERC RATETIMEINTERVAL (MINUTES) WATER DEPTH REFILLREFia " PERC P^RC RATE PERCTIMEDROP PERC RATEWATER DROPWATER DEPTHTIMEINTERVAL (MINUTES)WATER DEPTH WATER DROPINTERVAL (MINUTES!TIME REFILLREFia TIME DROP PERCTIMEDROPPERC PERC RATEWATER DEPTH WATER DROPINTERVAL (MINUTES)PERC RATE TIMEWATER DROPWATER DEPTHINTERVAL (MINUTES!TIME KREFILLREFILL DROP PERCTIMEPERCTIMEDROP ER DROP PERC RATETIMEINTERVAL (MINUTESl WATER DEWATER DROP PERC RATEINTERVAL (MINUTES! WATER DEPTHTIME REFILLREFILL = ^TER DROP DROP PERCPERCTIMEDROP PERC RATEWATER OEPINTERVAL (MINUTES)PERC RATE TIMEWATER DROPINTERVAL [MINUTES) WATER DEPTHTIME >1 'UREFiaREFia -—-f------- TIME DROP s PERCDROPPERCTIME PERC RATEFATER DROPWATER DEITIMEINTERVAL (MINUTES)WATER DROP PERC RATETIMEINTERVAL {MINUTES! WATER DEPTH REFiaREFia DROP PERCTIMETIMEDROPPERC WATER DROP PERC RATEWATER DEPTHTIMEINTERVAL (MINUTES)WATER DROP ^ PERC RATEWATER DEPTHINTERVAL IMINUTESlTIME REFILLREFILL PERCTIMEDROPDROPPERCTIME PROPOSED DESIGN: PRESSURE DIST..GRAVITY DIST..HOLDING TANK.ATGRADE.MOUND.TRENCH BED. OTHER. SPECIFY: SYSTEM DESIGN ON BACK SEWER LINE.OUTHOUSE. i' Ptanning CemmiMion ^ June 21,2000 ' Page 2. Motion: A motion by Estes, second by Lachowitzer to deny the request; reasons being; 1. The road alignment is a very fragile area. 2. Neither an engineer’s plan nor an erosion control plan was provided. 3. The actual features of this land do not lend itself to this proposal. Votino: All members in favor. Planning Comrr^ssionV June 21,2000 Paga 3 Marlys Klimp represented the Application; she submitted a petition (approximately 123 signatures) stating approval of the request. Diane Aasen (Eagle Lake Association) read a letter from the Lake Association that was submitted in 1995 regarding the original Conditional Use Application and also a current letter from the Association stating concerns regarding the parking of vehicles onsite. Kvie Beroum indicated he spoke to a director on the Eagle Lake Association and expressed concerns regarding the Association's actual concerns on this request. John Bemis expressed concerns regarding another Conditional Use Permit being requested, indicating there should be alternatives. Jan Nvoaard spoke in favor of the request, stating that she has never seen junkers sitting around and that it is kept neat. Nonnan Haoelstrom spoke in favor of the request, stating it is kept very clean and that he has never seen cars parked there for a long time; indicating that the Commission could consider a 30 day deadline regarding the long-temi parking as a solution. Duane & Marv Loll / Loll’s Lakeshore — Approve As Presented: A Preliminary Plat of “LoH’s Lakeshore", consisting of 4 single family residential lots 1 block. The property is described as Part of Lot 7 & 8, Section 12 of Maine Township; Pickerel Lake (56-475), RD. Duane Loll and Steve Ackerman (surveyor) represented the Application. Motion: A motion by Lachowitzer, second by Bergerud to approve as presented; reason being new structures will meet the setback requirements of the Shoreland Management Ordinance. Voting: All members in favor.A motion by Schwartz, second by Maske to approve a clarification of It was Motion: Conditional Use Permit #5419 regarding the parking of vehicles onsite, recommended that: 1. Long Term Parking shall be defined as being no longer than 2 weeks. 2. There be a total of 5 designated parking spaces onsite - 3 being in front as requested and 2 being between the deep well and the building. Richard D. Dorow - Denied: A Conditional Use Permit Application to fill in .28 acres of low land to match existing property on either side. The property is described as S.L. 4 of Gov. Lot 3 & 4, Section 23 of Rush Lake Township; Rush Lake (56-141), GD. Richard Dorow represented the Application. Ken Olson expressed concerns regarding the potential for water runoff onto his property. Motion: A motion by Sha, second by Estes to deny; reasons being: 1. There was not any evidence received to justify approval. 2. There is reasonable access to the lake. Voting: All members in favor. Voting: All members in favor, except Zimmerman. Eldon LInecheld/ Rodney SchmldtfBart Lovelace - Approved / Denied: A Conditional Use Perniit Application stating: Request #1: To develop a 4-season, 16’ wide, 4“ graveled drive in-sloped to the width of the 33’ ingress/egress easement (blue stakes onsite) on Gov’t Lot #1 & extreme SE comer of Gov’t Lot #2. This will involve improving the first 1/10 mi of existing road beginning at the entrance (Fire #2435) from Hwy #43, and the building of a road elevated no more than 2’ for the remaining 3/20 mi. Fill is estimated at 1800 yds. Request #2: To fill & grade a base suitable for a building 30’ X 40' (red stakes onsite) adjacent to the terminus of the proposed driveway (request #1). Estimated fill 280 yds. The property is described as Part of Government Lots 1 & 2, Section 15 of Friberg Township; Little Heilberger (Unnamed) Lake (56-696), NE. William & Marlvs Klimo - Approved With Conditlona: A Conditional Use Permit Application stating: Our original plan (Conditional Use Permit 5419) was approved for parking of 20 vehicles and no "storage" of vehicles. Now, after some experience, we have found that we need approval for vehicles being repaired in our auto repair part of the business. People drop off vehicles to be repaired and don’t always pick them up promptly, or we have trouble getting parts, or we have to "hold" the vehicles until they’re paid for. For these and other reasons these vehicles end up being parked for 24 hours or more a lot of times. Therefore, if we could get approval for 10 vehicles for longer time parking and 10 for store parking we could be in good shape and more realistic. The land was leveled, graveled, etc, at the time of building so nothing needs to be done that way. We do keep it neatly mowed, trimmed. & snow cleared. Any vehicles that cannot be repaired and are "junkers" are removed from the premises, as soon as that is determined. The property is described as Pt SW% NWVl (16.37 Ac), Section 15 of Eagle Lake Township; Eagle Lake (56-253), GD. Eldon & Joanne Linscheid represented the Application. Motion: A motion by Maske, second by Estes to 1. Approve request #1 for the road provided an erosion control plan is provided to Land & Resource Management for their approval. 2. Deny request #2 for the fill for the building. Reason for denial being the potential for erosion. Voting: /Ml members in fevor. Break: At 8:35 P.M., the Commission took 15 minute break. I-: A ;•. K- • OTC Board of Commissioners’ Minutes June 27, 2000 Page 3 Approval of Agenda Motion by Lee, second by Nelson, to approve the County Board agenda of June 27, 2000, as presented. Motion carried. Approval of Minutes Motion by Nelson second by Mosher, to approve the County Board minutes of June 20, 2000, as mailed. Motion carried. Contract Approval - Paddock Township Bridge Replacements Motion by Nelson, second by Lee, to authorize the appropriate county officials’ signatures to execute a contract between the County of Otter Tail and Landwehr Construction, Inc. for the construction of 2 bridge replacements in Paddock Township, Job No. S.A.P. 56-599-47 & Etc. as recommended by the Highway Engineer. Motion carried. Planning Commission Recommendations Conditional Use Permit - Steven & Lvnnette Zimmerman: Motion by Lee, second by Nelson, to deny a Conditional Use Permit to build 2 roads on Anderson Lake as recommended by the Planning Commission (Sec. 32, Twp. 135, R. 42, Maplewood Township Lake No. 56- 716). Motion carried. Conditional Use Permit - Duane & Mary Loll: Motion by Lee, second by Nelson, to table this Conditional Use Permit request and refer it back to the Planning Commission per the applicant’s request on Pickeral Lake (Part of Lot 7 & 8, Section 12 of Maine Township, Lake No. 56-475 RD). Julian Wold, Real Estate Agent, represented the applicant and agreed to waive the 60-day rule. Motion carried. Conditional Use Permit - Richard D. Dorow: Motion by Nelson, second by Mosher, to deny a Conditional Use Permit to fill in .28 acres of low land to match existing property on either side on Rush Lake (Sec. 23, Twp. 135, R. 39, Rush Lake Township, Lake No. 56-141) as recommended by the Planning Commission. Motion carried. Conditional Use Permit - William & Marivs Klimp: Commissioner Mosher viewed this property and offered a motion, seconded by Lee, to approve a clarification of Conditional Use Permit #5419 regarding the parking of vehicles onsite on Eagle Lake (Sec. 15, Twp. 131, R. 40, Eagle Lake Township, Lake No. 56-253) with conditions as recommended by the Planning Commission. Motion carried. Conditional Use Permit - Eldon Linscheid/Rodnev Schmidt/Bert Lovelace: Motion by Froemming, second by Nelson, to approve a Conditional Use Permit to approve request #1 for the road provided an erosion control plan is approved by the Land & Resource Management office. Request #2 is denied for the fill for the building as recommended by the Planning Commission. The property is on Little Heilberger (Unnamed) Lake (Sec. 15, Twp. 134, R. 42, Friberg Township, Lake No. 56-696). Motion carried. Conditional Use Permit-Otter Tail Beach Club, Inc: Motion by Froemming, second by Nelson, to approve a Conditional Use Permit to replace 2 manufactured homes on Otter Tail Lake (Sec. 12, Twp. 134, R. 40, Amor Township, Lake No. 56-242) as presented. Motion carried. Conditional Use Permit-Otter Tail Township: Motion by Froemming, second by Mosher, to approve a Conditional Use Permit to repair and maintain an existing road on Round Lake (Sec. 27, 28, 33, & 34, Twp. 134, R. 39, Otter Tail Township, Lake No. 56-206) with conditions as recommended by the Planning Commission. Motion carried. OTTER TAIL GOUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT: Klimp’s Corner William & Marlys Klimp PO Box 354 Ashby, MN 56309 HEARING DATE/LOCATION: June 21, 2000 at 7:00 P M. Commissioner's Room Otter Tail County Courthouse 121 W Junius Fergus Falls, MN 56537 PROJECT DESCRIPTION (AS STATED ON THE APPLICATION): A Conditional Use Permit Application stating: Our original plan (Conditional Use Perrhit 5419) was approved for parking of 20 vehicles and no “storage” of vehicles. Now, after some experience, we have found that we need approval for vehicles being repaired in our auto repair part of the business. People drop off vehicles tp be repaired and don’t always pick them up promptly, or we have trouble getting parts, or we have to “hold” the vehicles until they’re paid for. For these and other reasons these vehicles end up being parked for 24 hours or more a lot of times. Therefore, if we could get approval for 10 vehicles for longer time parking and 10 for store parking we could be in good shape and more realistic. The land was leveled, graveled, etc. at the time of building so nothing needs to be done that way. We do keep it neatly mowed, trimmed, & snow cleared. Any vehicles that cannot be repaired and are “junkers” are removed from the premises, as soon as that is determined. LAKE NAME/NUMBER/CLASS: Eagle Lake (56-253), GD FIRE NUMBER: 690 LEGAL DESCRIPTION: PtSWy4 NWy4 (16.37 Ac), Section 15 of Eagle 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, 121 W Junius Suite 130, 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 June 7. 2000 Mailing DateChairman Planning Commission 1) We are not against the store being there, in fact, we really appreciate al the conveniences it offers to the area. What we do object to is having the many cars sitting for weeks on end, along the road . One of the things that was brought up at the original variance hearing dated, June 7,1995, the lakeshore association was very concerned about that very thing happening and the Klimp's reassured everyone that that would not happen. In fact, Klimp's were concerned about the structure of the store being done in colors that would "blend in" and not be an eye sore. We feel that that is exactly what is happening with the storage of all the cars in the front of the property. There is plenty of room in the back of the property for the cars or possibly installing a fence or screening so the cars are not visible from the public road. 2) The lakeshore association is also very concerned that because the store is for sale wi-what would stop the new owners from doing the same things or maybe worse? 3) The problem of the storage of the cars had become so bad a few times this last year, at one count there were over 20 cars parked for quite an extended period of time in front of the store, that the lakeshore association had to file complaints about the problem. 4) Even today, June 20,1 recieved an "anominous" phone call telling me that I needed to have " all my p's and q's together for this meeting". Now, I feel,that this is certainly a form of harassment and is absolutely not necessary. Thank goodness for caller I.D., the phone call was made from Brad Klimp's home phone number. And a phone call was also made to John Bemis, past president of the Eagle Lake Lakeshore Association, from Brad Klimp. 1^. Klimp is making this a personal issue towards individuals not the Lakeshore Association that is the main source. 5) I understand that Klimp's have had a petition at the store for people to sign . I would like to make sure that the majority of the signatures are from the people who are actually property owners on Eagle Lake not just from people who happen to do business at the store. 6) One of the responsiblities of the Lakeshore Association is to protect the Eagle Lake area, and we are doing just that, not having a personal vendeta against the business owners. iOn, (MJUidfnjd^, Oaji AIuJL ^(HtoMy oY <XlJ k kou/yd/k ka-iMt.' i{J-e- Kmy /%^ o< ki tkjL UMJj IHJm/o4Y Qay Ajul (^-^x-o'O 9rhi 1 / /^aJ d9-6<yyr'^^'^------ S-'c€^ 0<Y, /p/i^ Y^ . ^ ,0^ CJl }0 ■■ 'koifjM (?^tvrt^4 II\cyS^C T^%XJkr I?/ '/ |3i5^ /y\T /b :ty£,!♦' I, z flkuici'^^ k r\.J ri -\ t - aUj^lL^ l^/J c t? 6»i;^t^ t '-hU/ '/U..c^^ T1 <X^-4_^ /^OAy^ (/K •%« s (^Ck/(PotS>Xef^ QQs-^— ^ f' i/l/'UC0L> . i \IIt I ; i ’ ( Planning Commission June 7, 1995 Page 5 firadlev Klimp - Approved With Conditions; A Conditional Use Application to open a convenience store with an automotive repair shop and rental storage; and to excavate approximately 1600 yds of fill, no earthmoving or buildings will be within 950' of the lake. Eagle Lake (56-253), GD, Government Lot 3 & Pt. of SWl/4 NWl/4, Section 15, Eagle Lake Township. William Klimp and Bradley Klimp represented the Application. Diane Aasen (Eagle Lake Association) expressed concerns regarding the EPA regulations and requested that there be no junk cars placed onsite so as to be visible from the lake. Motion: A motion by Schwartz, second by Prischmann to approve with the following conditions: 1. 1,000 yards of the 1600 yds of earthmoving will be hauled-in. 2. The maximum size of the sign allowed be 4' x 8'. 3. Must meet MPCA regulations. 4. The structure be in a neutral color (kelly green St tan was indicated). 5. There be parking for 20 vehicles. 6. The hours of operation do not exceed 6:00 A.M. to 12:00 Midnight. 7. There be no exterior storage of automobiles. Voting: All members in favor. Linda Goepford/Rebbecca Stiaen - Approved With Conditions: A Conditional Use Application operate a gravel pit in the Shoreland Area, gravel to be used for the County Road and Bridge project. Lake (56-711), NE, Lots 6, 7 & 8 ex trs & ex pt platted. Section 29, Nl/2 NEl/4 ex tr & NEl/4 NWl/4, Section 32, Friberg Township. West Red River Linda & Doug Stigen and Lynn & Collin Geopford represented the Application. Gordon Hanneman (Friberg Townboard) indicated that they may use the Township road provided it is returned to its current condition. Tom Geiser expressed concerns regarding truck traffic in a residential area. Mark Peterson (Lampy/Contractor) indicated that the noise from the washing of the gravel is very minimal. Greg Jacobson indicated that this is a residential area and that he objects to the crusher running from 6:00 A.M. to 10:00 P.M. A motion by Zimmerman, second by Prischmann to approve provided: 1. The time limit be, at a maximum, through 1997. taken in respect to it being a residential area when considering the hours of the crushing. Motion: 2. A conscious effort is 3. The area be returned to a natural state. Voting: All members in favor.