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Home My WebLink AboutDoll_53000150090001_Conditional Use Permits_11-19-2008/A/f- ^ooS 1049018 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1 hereby certify that 1049018 this instrument #-------------------------- was filed/recorded in this office •d on the H day of 2008 at am^;for recor Wendy L. Metcalf, Countyi Recorder Ub/cLW ficordin^fee well certificaje THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECOHUEH 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.ottertail.mn.us mjioldvjD^ sDjg- isa-oois Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date__ V peitK. je>vn^^'A- PROPERTY OWNER(S) OoLv- CT Lk) AJlO MiO 5^~Vo| ^ -T^ LAKE NAME Bo^U^twnAt!><.y T>g-iO»^r»vay TOWNSHIP (55'RANGE 3^^ Va) TOWNSHIP NAME R.‘S 5 OOOltS OOT OOOl AYTIME PHONE MAILING ADDRESS _______LAKE CLASS 'P^5H Lake LAKE NUMBER (S'SECTION E-911 ADDRESS PARCEL NUMBER ‘^32.0^ Spmcc l/£~ LEGAL DESCRIPTION ^ Of Lcst 2, ^tcnoN i*d Tbco.\)SHir II 0, u n RA/^fc<^ u3e5r 0 rre^TAit-I CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) (Cluster Development Industrial UseCommercial Use Extractive UseTopographical Alteration Forest Land Conversion Miscellaneous SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. "■THtS A Fo/i A, i no'L’/Vc as<r Pe«-/Hvr Ftve -nte; PtAceKO*5r A P^ihtprv/vL. 2^'6" K-26'5'' famil.^ use ) To Rv/ AS PAAt- of A coeshol r>euc»-eF#ut>A-, /iTPRtJVtrb (a) z,oco^ J={lX>iA TtVET Oei>i*J^tAy tiVtiH i^TTtttlVie CoiKur^ B>OA^r^b OF AAJ 'TTtTE' C/L-uirQt_ 7>tfVta,£>p'*t.e>Jr' /\^P(^v/erf^ Poti_ ttwZ/£et 577z-u.ca-xvTie:s. TttET cVUrrV?- -4^ JtcSrvtcvr ON ^ex’Tvn/Je'C 4/ ^ * Ttm 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. r DATE0|^pf»pyERTY (^WNER / AGENT OWNERSIGNATl APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Planning Commission Hearing ^/9oS Time Planning Commission Recommendation November 19, 2008 - Motion: A motion by Gill, second by Erickson to approve as presented. If Parcels G & H can be legally separated, the Cluster Development will be allowed on Lot H only. Chairmap/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other Date of Final ActionChairman/Otter Tail County Board of Commissioners CONDITIONAL USE PERMIT# L & R Official/Date Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR L & R Official/Date bk 062007-006 OTTER TAIL COUNTYi Conditional Use Permit #VJtJko MliLof COwner’s Name Property Address Location: Lake No.m.Mudis Two. ISS Ranae39 Twp.MamaKjuij'faliLt n .*^06pt60(moai Work Authorized: DmktvjJj TjrVW JjjLd Sec. i '• \ . L &&uIiO Expires;Valid; Land and Resource Management Official / Date 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated. 2. Owner is legally responsible for all surface water drainage that may occur. 3. If the terms'of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed In a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED.BK-1004-046 319,993 ■ Viaor Lundeen Co., Primers • Fergus Foils, MN ■ 1-600-346-4670 i;:; •; !.■;. PertA. Ooll ^ ^BoeOKiiSimSA lAl^ C 5 ^ • s^l^ 7oa' -So'Jm- - m,o>i ^ n Uh/1 rs I9«i/V <Alii/L/<Virl C H ^>iVi.1 - CiirViuSi^'T^ ......... liT r/t4. I?£: Pt<l W4)77t f 3i#') ^ Jll_^a,i,4./n''‘ - ‘i^ill rr^ (aeu i-(Mdi’Au-.or) ■ 5.01 3‘1iFr>- r Hoo^iFT^/u^ir - £'.o3 a- J if 7, £T » ( g U^iri __ S"w« ^ t/iJirs ^ !t^ ^ ;i/s/<9g . ^ // UBUC ACCE^ 1.4 AC.± ^^er/j£r t/'/3rf‘^t/_Z' s N, VPARCEL G \4.07AC. 'x \ WET ; PARCEL M PARCEL F2.5! AC.\2.54 AC.I / A A/n.^ ! 5 1 // f /j \/A m j // +>I>/j % /j\ /A%/A s ►/A ///A%;■ //J ///A ///J //J / //A //A ///A /TIBR / CALCULATIONS THE ENTIRE AREA HOULD BE CONSIDERED TO FALL UNDER A TIER I CLASSIFICATION. IN 2000, APPROVAL NAS GRANTED FOR 3 DNELLING UNITS ON THIS PROPERTY. 'Ji'//A /PROPOSED NEH IMPERVtOUS AREA CALCS. N'LY OF N'LY CREEK BANK PROPOSED CA^IN - 2)^ 42 x 24.42 - ^45 S.F. (> PROPOSED PARKING SPACES = 6 x 00 x 20) ~ 1200 S.F. EXISTING IMPERVIOUS AREA CALCS. N'LY OF N'LY CREEK BANK EXISTING RV 31 X 6 = 243 S.F. EXISTING GAR. - 2^.3 x 24.3 63^=1 S.F. EXISTING hlOAS. = 6.2 x 12.2 = 100 S.F. EXISTING CONC. * 323 S.F. EXISTING 14' HIDE DRIVE N'LY OF N'i.Y CREEK BANK = 7454 S.F. i /J /\//AM:4 //A /'{//A ///AOPEN SPACE CALCULATIONS 165,14S - 10,614 = 154,535 OR ^3X OPEN SPACE //A ///A /SCALE-. / INCN - 40 FEET • DENOTES IRON TKJNUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED "PLS 13620 t 17325". EAST LINE OF GOV'T LOT 2/a ///a / 1200 + 645 + 246 + 63S + 100 + 32» + 7454 » 10,614 S.F. PROJECTED IMPERVIOUS SURFACE 10,614/165,14<^ » 6.4X PROJECTED IMPERVICHJS SURFACE. ...L ORDINARY NIGN HATER LINE OF BOEDIGNEIMER LAKEeAS DEFINED BY TNE TRANSITION LINE FROM MOSTLY AQUATIC VEGETATION TO MOSTLY TERRESTRIAL VEGETATION. j V. ; 5. ■if"SURVEYOR'S NOTES ON PROPOSED CABIN SITE.s RED STAKES SET BY ONNER TO DEFINE THE APF^OX. LIMITS OF THE PROPOSED CABIN A?.E SHOHN HITH AN "X".0IN AUGUST OF 2003, TIM FROM TNE OTTER TAIL COUNTY LAND AND RESOURCE CFTICE VEi?IFIED TNAT THE LOCATIONS EXISTING SEhlER SrSTEM IS SNONN PER OMNERS TESTIMONY AND RECORDSCF TNE RED STAKES FELL OUTSIDE TNE 75' OFFSET FROM TNE CREEK AND OUTSIDE TNE ’00' OFFSET FROM BOEDIGNEIMER LAKE... j.- JFROM TNE land AND RESOURCE OFFICE. Ji ON 10/15/06 AN ALS FIELD CREH PLACED HOOD STAKES HITN RIBBON DESIGNATING TNE PROPOSED CABIN SITE ORIENTATED HITN TNE VENT PI °Er 26.42 FOOT DIMENSION BEING PARALLEL HITN BC^DIGNEIMER LAKE. TNE PROPOSED CABIN SITE HOULD STILL FALL HITNIN TNE RED STAKES IF TNE CLIENT HI5NED TO ROTATE TNE CABIN PLACEMENTW’EXISTING SENER SYSTEMBO THE 24.42 FOOT DIMENSION NAS PARALLEL TO THE LAKE. N > 1 0 Vy>:r EXISTINGM:SEMER LINE .50. BUFFER r PROPOSED PARKING SITES OO' X 20‘} EXISTING RV TO BE MOVED TO PROPOSED RV SITE % lif fi PETER DOLL ET. AL. - Af^srov«d the variance aa rec$Mssted luith a condition. ('‘hlO p.m. on the Stqptember 4, 20(^ Board of Adjustments meeting.)4^.' M" .4-Peter Doll Et. AL part of Government Lot 2, Section 15 of Rush Lake Township by Boedighelmer Lake, rec^sted the following: This is a rec^est for a variance of 30' from the ordinary high water level setback of lOO' for the placement of a residential structure C24'5" by 2^>'5") 70' from the ordinary high water mark of the umamed creek that winds through the property. The audi&nce was polled with Gordon Rosenthal speaking for the variance as recreated. A letter from Peter and Katrina Doll in support of the variance as rec^sted was read for the record. After consideration, Randall Mam made a motion, seccnd by Les Estes and carried with Paul Larson voting no, to approve a variance of 25' from the ordinary high water level setback of 75' for the placement of a residential structure (24'5'' by 26'5") 75' from the ordinary high water mark of the umamed creek that winds through the prop&T.y with the condition, if necessary, this action is subject to the review/cppjroval of the Planning Commission. The practical difficulties/hardships are water on two sides and the uniqpe shape of the property. It was noted that the variance as approved will provide the applicants with a reasonable use of their property. It was also noted that all other setback recpirements will be met. , •/ V . ' '■'4 ^ i I SITE ADDRESS: 43205 BLUE SPRUCE DRIVE.V PARCEL NO. 5300OI500S00OI };fc --s \ TNE PURPOSE OF TNiS SURVEY IS TO PROVIDE INFORMATION FOR A CONDITIONAL USE APPLICATION TO BE HEARD AT TNE NOVEMBER !% 200S, OTTER TAIL COUNTY PLANNING COMMISSION. \ \ TNE BOUNDARIES OF PARCEL N ARE FROM A PREVIOUS TERRY LEE\CERTIFICATE OF SURVEY FOR:ANDERSON CERTIFICATE OF SURVEY DATED APRIL 2N, 1933 ANDONNER: PETER DOLL ET. AL. CONTACT INFORMATION: GREG 4 ROSE MADER 5S4I DANVERS LANE NH ROCNESTER, MN 55POI NOME: 507~23P-7726 \TNE RECOVERY OF NIS PRIOR IRON MONUMENTS.\SURV'H'TOR'S aERTIFiaATE \GREG 4 ROSE MADERI hereby certify that this survey, plan or report \ was prepared by me or under my direct supervision \ and that I am a Professional Land Surveyor licensed CELL: 507-353-S035 \under the laws of the State of Minnesota. K FIELD BOOK ALS-206/01 DRAWN BYFOLDER\CONTRACT NO.Dated this 22nd day of October, 2003.NE'LY LINE OF TNE DEDICATED ROAD GEH249-0&24^-08\ NDERSON LAND SURVEYING, INC.FIELD CREWI\^ aLE^)CR5 FILECRD FILEDWG FILE DAA i JAK24q-08Glenn Nowe 24q-0824q-08\PROFESSIONAL LAND SURVEYORS. CIVIL ENGINEERS & lAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET. FERGUS FALLS, MN 56538-0125 (218) 739-5268 (800) 300-9276 oti nj^/os'DRAWING NUMBERProfessional Land Surveyor Minnesota License No. 17325 \*CHECKED BY GEH SEC - TWP - RG IB - 135 - 39 ^166 ■ j r. * 74833G PERSONAL REPRESENTATIVE'S DEED §524.3-715 Individual Personal Representative to Individual No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed )not required Certificate of Real Estate Value No. OfficG of Countv RocordGr County of Otter Tail hwfbjf oMNy 0wt the wftWn histrument wy Microflimad « Doc. # ' ^ ^unly (WenSf u I wu Had( _Lko. '' ^u^V'^Au^or , i. / 19^^5V5' ^— Oeputy '^dyv^J^Jq ObBy Deputy STATE DEED TAX DUE HEREON: $ -;;.'c!:y tliyf Iny^f^ss for tlii! year fo: tlic lands described within are paid. /.?43..39.60 Dated: August 6 , 1993 County Treesurr-r FOR VALUABLE CONSIDERATION, PATRICK DOLL and DARWYN MIELKE, Grantors, as Co-Personal Representatives of the Estate of CLARENCE / MIELKE, AKA CAL MIELKE, Decedent, single at the time of death, hereby convey to PETER DOLL AND KATRINA DOLL, as joint tenants, an undivided one-half interest, and to GREGORY MADER AND ROSE MADER, as joint tenants, an undivided one-half interest Grantees, real property in Otter Tail County, Minnesota, described as follows: PARCEL G: That part of Government Lot Two (2) , Township One Hundred Range Thirty-Nine (39) Minnesota described as Commencing at the West quarter section corner of said Section Fifteen (15); thence South 89°42'00" East (Assumed Bearing) along the East-West Quarter Section line of said Section Fifteen (15) a distance of 2147.27 feet to the easterly line of a Dedicated Road in the Plat of MIELKE BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence North 01°29'00" West along said easterly line a distance of 1181.02 feet; thence northwesterly along a tangential curve to the left a distance of 200.00 feet, said curve having a central angle of 15*05'48" and a radius of 759.06 feet, said point being the point of Section Fifteen Thirty-Five West, follows: (15) , (135) North, Otter Tail County, THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCB^#m?lP AU6 t4200aCOUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee 37Qi ~ Receipt NumberCOMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date % Pelteil A«a I^ATTU A)A ^oiJ.'PctER.'^OljL ttAl- TZefP, DAYTIME PHONE ■S^H) 'hAH\/&isJ-Ahje: hJlJ^ "R^sc+ie'stcr., MA) Sg*?^I. PROPERTY OWNER MAILING ADDRESS LAKE NUMBER Sit '2-IZ. LAKE NAME ____________________ LAKE CLASS__ R~b &(o--rfL ^ ^ ~ , SECTION I5T TOWNSHIP IHS N RANGE 59 \A/ TOWNSHIP NAME KCU’H LAV-e jSRETBisA/' E-911 ADDRESS PARCEL NUMBER ’RS'5000150 0^)0001 ^32-OS- SuAg Spftxtcc 'hnwJE LEGAL DESCRIPTIONT^arcel, U of (SovetliOMeUT Lot S’ccnoO tS^ “^lomjhiF ■RavIse *0OeST| Otter.Tail C!ou*37^ ^ lAJAiesoiA. CofJm7t>/t/6 -^VV/lcReS. ArrAC-ttcb. TYPE OF VARIANCE REQUESTED (Please Check) Structure Size____Sewage System ____ Subdivision Cluster Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I His IS A ILeiau.eSr PoB-A YAAiAMce of 30^ FVezvpv. tH« ORLina^ OP- loo' f=o<L Ttte pcACjiiH.e»rr afi a liesibouriAt. srrujjcruAe: ’S" y 2h'S 'fS)' -rite vllOH OJAYTCR- crF TT+C UMNAAvetl cReac tiTat TltRouaH- Tife prujpeKTy. high watek. Les/ei. sstdacil F»aoA^ I I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGAPl?IING THIS MATTER. i msu^ UyJLOO^ I DATEIWNER / AGEI^FOR OWNERSfGNATtfRB O^ROPERTY PPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notificalion As To The Date/Time Of Hearing) ■X •i *•t, -‘ I / - ^ '-• V -w ’ll 'n 1*. . ’v' Date Of Hearing >€Time Motion Peter Doll Et Al. - Approved the variance as requested with a condition. (9:10 p.m.) After consideration, Randall Mann made a motion, seoond by Les Estes and carried with Paul Larson voting no, to approve a variance of 25' from the ordinary high water level setback of 75' for the placement of a residential structure (24' 5" by 26' 5") 75' from the ordinary high water mark of the unnamed creek that winds through the property with the condition, if necessary, this action is subject to the review/approval of the Planning Comrnission. -The practical difficulties/hardships are water on two sides and the unique shape of the property. It was noted that the variance as approved will provide the applicants with a reasonable use of their property. It was also noted that all other setback requirements will be met. iSirman/Otter Tail Countp^^Tra of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the li/IN DNR bk 0407.001 329.512 - Vidor Lundeen Con^ny. Fergus Feiis, Minnesota WAIVER OF 60-DAY RULE THIS. WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & 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 # 5360^1 S'Cd ^^ool described in my dated , 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 Commission Members and/or Board of Adjustment Members to view the property before taking action on my Application(s). /^/mdi'hcrnaJl ^€.Ynrut Application /O DATED BRQPERl?f)OWNER -------, I0to|6^ 11-02-04 Mbowman forms-apps waiver 60 day rule •> beginning of the parcel of land to be described; thence continuing northwesterly along said curve a distance of 200.00 feet; thence North 57°40'57" East not tangent to the last described curve a distance of 657.70 feet to the East line of said Government Lot Two (2); thence South 01°29'00" East along said East line a distance,of 465.00 feet to a point distant 1449.25 feet north of the East-West quarter Section line of said Section Fifteen (15) ; thence South 81°57'07" West a distance of 491.18 feet to the point of beginning, acres. Containing 4.07 PARCEL H: That part of Government Lot Two (2) , Township One Hundred Range Thipty-Nine (39) Minnesota, described as Commencing at the West Quarter Section corner of said Section Fifteen (15); thence South 89°42'00" East (Assumed Bearing) along the East-West Quarter Section line of said Section Fifteen (15) a distance of 2147.27 feet to the easterly line of a Dedicated Road in the plat of MIELKE BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence North 01°29'00" West along said easterly line a distance of 1181.02 feet; thence northwesterly along a tangential curve to the left a distance of 400.00 feet, said curve having a central angle of 30°11'36” and a radius of 759.06 feet, said point being the point of beginning of the parcel of land to be described; thence continuing northwesterly along said curve a distance of 200.00 feet; thence North 30°48'51" East a distance of 265 feet more or less to the shoreline northeasterly along said shoreline a distance of 685 feet more or less to the East line of said Government Lot Two (2); thence South 01“29'00" East along said East line a distance of 414 feet more or less to the intersection with a line that bears North 57®40'57” East from the point of beginning; thence South 57°40'57” West a distance of 657.70 feet to the point of beginning. Containing 4.74 acres more or less. Together with and subject to an easement for ingress and egress purposes, said easement is hereinafter described as Easement A. Section Fifteen Thirty-Five West, follows: (15) , (135) North, Otter Tail County, Boedigheimer thenceLake;of Easement A; That part of Government Lot Two (2) , Section Fifteen (15), Township One Hundred Thirty-Five (135) North, Range Thirty-Nine (39) West, Otter Tail County, Minnesota, which lies northerly of a Dedicated Road in the plat of MIELKE BEACH on file and of record in the office of the 2 County Recorder in and for Otter Tail County, Minnesota, and which lies southerly of the following described line: Commencing at the most southerly corner of the afore described Parcel H; thence northwesterly to northwesterly line of said Parcel H distant 25.00 feet northeasterly from the most westerly corner of said Parcel H; thence northwesterly to a point on the southeasterly line of the afore described Parcel I* distant 60.00 feet northeasterly from the most southerly corner of said Parcel I; thence North 70°51'59" West a distance of 191.66 feet; thence North 84°59'13" West a distance of 155.79 feet to the southwest corner of said Parcel I. For purposes of this description, the southeasterly line of Parcel I has an assumed bearing of North 30°48'51" East. point theaon *For reference only. Parcel I is described as follows: PARCEL I: That part of Government Lot Two (2), Section Fifteen (15), Township One Hundred Thirty-Five (135) North, Range Thirty-Nine (39) West, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter Section corner of said Section Fifteen (15); thence South 89°42'00" East (Assumed Bearing) along the East-VJest Quarter Section line of said Section Fifteen (15) a distance of 2147.27 feet to the easterly line of a Dedicated Road in the plat of MIELKE BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence North 01°29’00" West along said easterly line a distance of 1181.02 feet; thence northwesterly along a tangential curve to the left a distance of 764.45 feet, said curve having a central angle of 57°42'09" and a radius of 759.06 feet; thence North 59°11'09" West a distance of 204.22 feet to the point of beginning; thence continuing North 59°11'09” West a distance of 15.00 feet; thence northwesterly along a tantential curve to the left a distance of 317.56 feet to the easterly line of Lot Ofie (1) , Block One (1) of said MIELKE BEACH: thence North 05°16'23" West along the said easterly line of said Lot One (1) a distance of 348 feet more or less to' the shoreline of Boedigheimer Lake; thence southeasterly along said shoreline a distance of 535 feet more or less to its intersection with a line that bears North 30°48'51" East from the point of beginning; thence South 30®48'51" West a distance of 225 feet more or less to the point of beginning. Containing 2.53 acres more or less. Together with and subject to an easement for ingress and egress purposes, said easement is hereinafter described as Easement A. I 3 '>♦ *No part of Parcel I is included in this sale, description is supplied for reference only for use to clarify and ascertain the location of Easement A herein conveyed.* The |. !/together with all hereditaments and appurtenances belonging thereto. This deed is delivered pursuant to a purchase agreement dated July 24, 1993. Patrick Doll, Co-Personal Representative of the Estate of Clarence Mielke, aka Cal Mielke, Deceased. /(Q lelke, Co-PersonalDarwynRepresentative of the Estate of Clarence Mielke, aka Cal Mielke, Deceased. County Of Otter Tail State of Minnesota DEED TAX .... 4^’ Date. )STATE OF MINNESOTA ) ss. )COUNTY OF OTTER TAIL 5^ dayoregoing instrument was acknowledged before me this ______ __, 1993, by Patrick Doll, as Co-Personal Representative of of Clarence'^ Mielke, aka Cal Mielke, Decedent. I JOYCE L. PERRINEI notary PUBLIC-MINRESOTA I i OTTER TAIL COUNTY ? My Commission Expires OCT. 3, 1997 I iry PublicNo1 10^ )STATE OF MINNESOTA ) ss. )COUNTY OF -i-k6?__ dayThe foregoing instrument was acknowledged before me this of RLLQL-(^9f f 1993, by Darwyn Mielke, as Co-Personal Representative of the Estate Clarence Mielke, aka Cal Mielke, Decedent. MICHELLE R. WILLS MOTAM WBLIC-MINNESOTA DAKOTA COUNTY N6ta|lry public / 4 : XOTC Board of Commissioners’ Minutes X November 25, 2008 |Page 3 / Preliminary Plat - “Wall Lake Development Number 3”/James & Susan Stodola: Motion by Block, second by Erickson, and unanimously carried to approve the Preliminary Plat of James & Susan Stodola consisting of 2 single family residential lots entitled “Wall Lake Development Number 3” as presented on the revised drawing dated October 14, 2008. The property is described as Easterly 87. T of the Westerly 446’ of Sub Lot A, GL 4 S of Twp Rd (.27 AC), Section 33 and Lot 7 S of Rd ex trs ex platted ex trs & ex plat (2 AC), Section 34 of Aurdal Township: Wall Lake (56-658) GD. Conditional Use Permit - Daniel & Lvnette Arnold: Motion by Froemming, second by Erickson, and unanimously carried to deny an after-the-fact Conditional Use Permit request for construction of two rock walls as recommended by the Planning Commission. The property is described as Lot 1 BIk 1 Wall Estates, Section 29 of Otter Tail Township: Otter Tail Lake (56-242) GD. Conditional Use Permit - Peter Doll et al, Gregory & Rose Mader, Peter & Katrina Doll: Motion by Nelson, second by Mosher, and unanimously carried approve a Conditional Use Permit to convert a cluster development from 2 RV sites and 1 cabin to 2 cabins and 1 RV site with a condition as recommended by the Planning Commission. The property is described as Parcel H & G of GL 2 (8.81 AC), Section 15 of Rush Lake Township: Boedigheimer Lake (56-212) RD & Tributary (56-TR) U&T. Conditional Use Permit - Steven H. & Monika E. Slatten: Motion by Froemming, second by Block, and unanimously carried to approve a Conditional Use Permit to excavate to allow for basement walkout similar to others nearby on the beach as recommended by the Planning Commission. The property is described as Bg 49.7’ S and 395.28’ SE fr NW cr GL3, SELY 100’ SWLY 274’ NWLY 100’ on lake NELY 267’ to bg S Lt 3 (.62 AC), Section 21 of Girard Township: West Battle Lake (56-239) GD. Conditional Use Permit - Gery J. Knuttila: Motion by Erickson, second by Mosher, and unanimously carried to deny, as requested by the Planning Commission, an after-the fact Conditional Use Permit request to place about 45 yards of new washed sand on the beach. The applicant must work with the Land & Resource Department so the required restoration matches the adjacent lots. The property is described as Lots 1, 2 & W 6T of Lot 3 BIk 1 Brightwood Shoreline, not to be split and GL 5 E of CR #35 ex S 500’, Section 34 of Star Lake Township: Dead Lake (56-383) NE. Conditional Use Permit - Ken & Donna Pluck: Motion by Froemming, second by Erickson, and unanimously carried to approve a Conditional Use Permit to place 281 cubic yards of fill on site per engineering drawings on file with the Land & Resource Department. The property is described as Pt of GL 9, Section 4 of Otter Tail Township: Otter Tail Lake (56-242) GD. Liquor License Applications Motion by Erickson, second by Mosher, and unanimously carried to approve the following applications for license: TobaccoBattle Lake Standard 420 Lake Ave S Battle Lake, MN 56515 Erhard Municipal Liquor Store 622 Fergus Ave Erhard, MN 56534 Tobacco OTC Board of Commissioners’ Minutes November 25, 2008 Page 4 Lakeside Market 28465 County Highway 145 Battie Lake, MN 56515 Tobacco Ottertail Oasis 28465 N State Highway 78 Ottertail, MN 56571 Tobacco Payment Approvals Motion by Froemming, second by Block, and unanimously carried to approve payment, in the amount of $7,614.75, from the Construction Fund to API Supply Inc. for the purchase of a 2005 Genie GR-12 (18’ Working Height and 12’ Platform Height) for the Ottertail Operations Center. Motion by Erickson, second by Block, and unanimously carried to approve payment, in the amount of $1,044.00, from the Construction Fund to Braun Intertec for Concrete and Pavement Observations and Testing. Part Time, Temporary Position Motion by Mosher, second by Erickson, and unanimously carried to extend a part time, temporary election position into December of 2008. Recess & Reconvene \ At 11:42 a.m.. Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. Chairman Nelson reconvened the meeting at 1:15 p.m. Leadership Academy Cohort Group Members of the Leadership Academy Cohort Group thanked the Board for funding the Leadership program and requested that the program continue in 2009. They stressed the importance of learning different leadership styles, how to lead a committee, and successful conflict resolution practices. They requested that more Department Heads become involved in the Leadership Group because it adds understanding to learn how management looks at various issues. Motion by Froemming, second by Erickson, and unanimously carried to approve $10,000.00 for CY2009 for continuing the Leadership Academy Cohort Project. , LAKESWIND PROJECT Otter Tail County Resolution No. 2008 - 64 WHEREAS, it is the policy of the State of Minnesota to foster Community-Based Energy Development (C-BED) projects: and WHEREAS, Minnesota Statutes 216B. 1612 subdivision 2 (f) (3) calls for County Board support for C-Bed projects; and WHEREAS, the development of the Lakeswind project in Otter Tail County provides for economic benefits and opportunities for residents in the County; and WHEREAS, the Lakeswind Project which is proposed for development in Otter Tail County will be owned by a Minnesota limited liability company organized under State of Minnesota laws. otter Tail County, Planning Commission November 19, 2008, Page 2 “Wall Lake Development Number 3” / James & Susan Stodola - Approved As Revised: A Preliminary Plat of “Wall Lake Development Number 3” consisting of 2 Single Family Residential Lots, 1 Block. The property is described as Easterly 87.T of the Westerly 446’ of Sub Lot A, GL 4 S of Twp. Rd (.27 AC), Section 33 and Lot 7 S of Rd ex trs ex platted ex trs & ex plat (2 AC), Section 34 of Aurdal Township; Wall Lake (56-658), GD. Motion - October 8, 2008: A motion by Wilson, second by Boyer to table (Applicant waives the 60- Day Rule) to November 19, 2008 to allow time for the submittal of a new drawing that addresses the issues with occupation lines. Revised material must be received by Land & Resource no later than October 31, 2008. Jim Stodola and Glenn Howe (Anderson Land Surveying) represented the Application. Motion: A motion by Wilson, second by Gill to approve the revised drawing dated October 14, 2008, as presented. Voting: All members in favor. Daniel & Lvnette Arnold - Denied: A Conditional Use Permit Application (as stated by the Applicant): A rock wall has been constructed to retain the backfill by the house to prevent erosion into a wetland. The large rock wall is approx. 65’ long, 4’ high and 2%’ wide with 4’ wide steps. The smaller rock wall (rip rap wall) is approx. 35’ long and approx. 35’ from the lake. Fill area is approx. 40’ long x 45’ wide with approx. 133 yrds of black dirt. Area has been seeded and stabilized. This is an After-the-Fact Request. The property is described as Lot 1 BIk 1 Wall Estates, Section 29 of Otter Tail Township, Otter Tail Lake (56-242), GD. Daniel Arnold represented the Application. Motion: A motion by Wilson, second by Boyer to deny and require the Applicant to work with Land & Resource. Voting: All members in favor. Break: At 7:35 the Commission took a 10 minute break. “Oakwood Glen”, Lakes Dev. Partners - Tabled To The Next Scheduled Meeting: A Preliminary Plat of “Oakwood Glen” consisting of 4 Single Family Residential Lots, 3 Blks (2 Riparian Lots in BIk 2). The property is described as Pt of GL’s 2 & 3, Section 1 of Edna Township, Devils Lake (56-245), GD. Robert Russell (Attorney) represented the Application, and requested (waiving the 60-Day Rule) a tabling to the next scheduled meeting. Debbie Frederick had questions regarding the road. Dave Burbank indicated that as long as the road is not changed he does not have any concerns. Motion: A motion by Wilson, second by Erickson to table (as requested by the Applicant, waiving the 60 Day Rule) to the next scheduled meeting. Voting: All members in favor. xy^Peter Doll et al, Gregory & Rose Mader, Peter & Katrina Doll - Approved With A Condition: A Conditional Use Permit Application (as stated by the Applicant): This is a request for a Conditional Use Permit for the placement of a residential structure, 24’5” x 26’5” (seasonal family use) to replace an RV as part of a cluster development approved in 2000. A variance of 25’ from the Ordinary High Water Mark of the creek was approved by the Otter Tail County Board of Adjustment on September 4, 2008. The cluster development is approved for three structures. The property is described as Parcel H & G of GL 2 (8.81 AC), Section 15 of Rush Lake Township, Boedigheimer Lake (56-212), RD & Tributary (56-TR), U&T. Rose Mader, Greg Mader and Glenn Howe (Anderson Land Surveying) represented the Application. Motion: A motion by Gill, second by Erickson to approve as presented. If Parcels G & H can be legally separated, the Cluster Development will be allowed on Lot H only. Voting: All members in favor. RECEIVED NOV 19 2008 )JKnU & KttiUUKCF November 17,2008 Planning Commission Government Service Center 505 Fir Avenue West Fergus Falls, MN 56537 RE: Mader - Cluster Development, Parcel H on Boedigheimer Lake. Dear Board Members: This letter is to serve notice that we are one half owners of parcel G and H, tax identification number R53000150090001, located on Boedigheimer Lake at 43205 Blue Spruce Drive, Perham, Minnesota. Greg and Rose Mader are the other one half owners. Parcel H currently has a conditional use permit which grants a three unit cluster development. One of the three dwelling units was removed due to age. The Maders would like to replace this unit with a small cabin. We strongly support the minimal modification to the existing three unit cluster development. Parcel G and H are two separate legal parcels of record, each consisting of over 4 acres. It our wishes to keep parcel H separate from parcel G, which is not included in the Cluster Development. Respectfully yours. Peter and Katrina Doll 156 23"^“* Avenue East West Fargo, ND 58078 701-277-1273 cc: Greg and Rose Mader OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING 1. APPLICANT:Peter Doll Et Al Peter and Katrina Doll Gregory and Rose Mader 5941 Danvers Ln NW Rochester, MN 55901 HEARING DATE/LOCATION: November 19, 2008 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): This is a request for a Conditional Use Permit for the placement of a residential structure, 24’5” x 26’5” (seasonal family use) to replace an RV as part of a cluster development approved in 2000. A variance of 25’ from the Ordinary High Water Mark of the creek was approved by the Otter Tail County Board qf Adjustment on September 4, 2008. The cluster development is approved for three structures. LAKE NAME/NUMBER/CLASS: Boedigheimer Lake (56-212), RD & Tributary (56-TR), U&T E-911 ADDRESS: 43205 Blue Spruce Drive Parcel H & G of GL 2 ... (8.81 AC), Section 15 of Rush LakeLEGAL DESCRIPTION: Township ” Weather Conditions may change the Hearing date and time, if bad weather occurs, piease iisten to the iocai Fergus Faiis Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possibie rescheduiing 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. November 5. 2008Bert Olson Chairman Planning Commission Mailing Date LA!^D AND RESOURCE f\/EANAGE!VlENT OTTER TAIL COUI^TY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) } ss COUNTY OF OTTER TAIL ) I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Planning Commission^or ^ter Tail County, Minnesota, do hereby certify that on thfi '^ik day nf 2008, the attached Notice of Hearing and was duly served upon the following:pjdxju County Sheriff County Highway Engineer f Courthouse Otter Tail COLA, John Matteson, 23562 W Silver Lk Rd. Battle Lake, MN 56515 MPCA, 116 E Front St., Detroit Lakes, MN 56501 Terry Lejcher, DNR, Div. of Waters, 1509 1st Ave N, Fergus Falls, MN 56537 Bruce Winterfeldt, DNR, Trails & Waterways Arlin Schalekamp, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife Planning Commission Members (The above receive all Notices) Lake Improvement District (if project is located on their lak^^ail Notices to the Lake IrnpcBf/ement District) Pelican, Fish, Bass & Uttt^^lican: Pelican GroypH^ate Imp. Dist., %Fred MaijijeC^271 Otoson RD, Detroit Lakes MN 56501 South Turtle Lak^K'^uth Turtle Lake lrn^,^0I^ %Bricker & Janet Johij5efC32790 Turtle Shore Ln, UndenArood, MN 56586 Little Pine^Sr^ig Pine: Pine LakesjpoffTDist., PO Box 405, Perh^fwTl^ 56573 Littlq^MWonald, Kerbs & PauL'-'I^Donald Lakes \ma. Dist.<'f*0 Bqx 133, Perham, MN 56573 City Clerk (if located within 2 miles of a city) MNDO^^ist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy) Adjacent Cou^t^oning Administrator (If the County is in the “Buffer) - Becker County Ai)diTOr (notify in addition to their Zoning Administrator) - check their website for name/address Per BK, do not ndtify individuals within a City Limit Same Envelope check their website for name/address C Township ClerW Lake ^*ar?Cl~thooe liottfd on the'attached sRociationC^urveyor (if approjariate). 9^ by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above.. Secretary v If parcel owner is “USA”, mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus Falls, MN 56537 If parcel owner is “DNR", ignore as they are receiving a notice as stated above If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit 1/08 10/29/2008LIST PARCELS IN BUFFER Parcel Number | 53000100060000 RONALD J & SALLY TOBKIN 53000150090000 DANIEL T & DEBRA L AMENT 163000150090001 iPETER DOLL if AL^^ 53000150090002 DANIEL T & DEBRA L AMENT 53000150090003 STATE OF MINNESOTA 53000150093000 DOUGLAS & VERONA BETLACH RONALD E & JULIE A DOLL 53000150093003 GORDON J & JULIE A ROSENTHAL 53000150093004 THOMAS E & MAE lONE LOEFIZEL 53000150093006 ROLAND & CHARLOTTE PRICE 53000150093008 JACOB DOLL 53000990513000 53000990514000 53000990515000 RICHARD L & VERONICA BERGERON 53000990516000 EVONNE C BODE 53000990517000 STEVEN R & DIANE M SCHULZ 53000990518000 JEFFREY B & CORINNE JEAN BROWN 53000990519000 NANCY M STAHELI 53000990689000 DANIEL T & DEBRA L AMENT 53000990690000 DANIEL T & DEBRA L AMENT 53000990691000 DANIEL T & DEBRA L AMENT 53000990692000 53000990693000 CSZNamelStreet Addr Addr2Name2 PERHAM MN 56573 8618 PERHAM MN 56573 9030 WEST FARGO ND 58078 7800 PERHAM MN 56573 9030 POBOX45 SAINT PAUL MN 55155 4045 PERHAM MN 56573 9047 PERHAM MN 56573 9022 jSTAPLESMN 56479 4010 PERHAM MN 56573 9033 PERHAM MN 56573 9047 OTTERTAIL MN 56571 9433 PERHAM MN 56573 9047 PO BOX 256 PERHAM MN 56573 0256 PERHAM MN 56573 9024 PERHAM MN 56573 9024 WYOMING MN 55092 1200 PERHAM MN 56573 PERHAM MN 56573 9024 PERHAM MN 56573 9030 PERHAM MN 56573 9030 PERHAM MN 56573 9030 PO BOX 241 MORA MN 55051 0241 SAINT PAUL MN 55125 9522 43555 PAUL LAKE DR E 43083 BLUE SPRUCE DR 156 23RD AVE E 43083 BLUE SPRUCE DR \ \ATTN TAX SPECIALIST 43718 BOEDIGHEIMER DR N | 44383 COUNTY HIGHWAY 14 i 47702 281 ST AVE 5 37593 COUNTY HIGHWAY 49 ^ 43704 BOEDIGHEIMER DR N ! 43557 COUNTY HIGHWAY 14 ! 43704 BOEDIGHEIMER DR N V'53000150093001 ROLAND & CHARLOTTE PRICE TERRANCE E HEPOLA 43664 BOEDIGHEIMER DR N 43650 BOEDIGHEIMER DR N 6502 255TH ST 43590 BOEDIGHEIMER DR N 43584 BOEDIGHEIMER DR N 43083 BLUE SPRUCE DR 43083 BLUE SPRUCE DR 43083 BLUE SPRUCE DR RICHARD A KING GERALD E & SUSAN K MCARDLE 3027 JUNIPER LN UNIT A Page 1 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 Otter Tail County’s Website: www.co.otter-tail.mn.us CLUSTER DEVELOPMENT PRE-APPLICATION MEETING CHECKLIST ftiu Df,ui er fitCluster: Lake Name:Lake Number: /A Twp. I3S Rge. PfifliL Ddll Twp Name: L^/£:Sec. Property Owner:__AL 'TH£'^ Tlji /TT flL ^ Who Attended: ^ /?\6 f PUa/i*. 77? /) ^ p£>TlJ7i(uc\ 3 £iuJ6iUri<i i^niZ 4>JSin) - Discussion: (Sec. IV. 11.) □ Open Space ____ 50% Total ____ 25% Unmanicured Wild State <^L^STtd^ ____ 25% Recreational Facilities □ Impervious Surface 25% Maximum □ Owners Association l^^^resentation Requirements Land Surveyor, Civil Engineer or Architect tX^,Tier Location Tier Area _j/ Pre-Plat Requirements (Sec. IV. 10. D.) Density Calculation Water Frontage Area t-H’^uffer Zone (Lot Line) 50 Feet " PlU<rin / /€v' c^fJSTKi^cV rf 016!*^ Cluster Development - Pre-Application Meeting Checklist Page 2 □ Road Private Public □ Off Street Parking ____ 2 / Dwelling Unit I,j2'’^ructure Setbacks Standard ____ Maximum Density ____ Increased Lake Setback ____ Vegetative Screening ai&ti, - \on ( 2 Sy^'CtiTU JUS^ /S>n IfT 0^€ □ Vegetative Strip ____ 20’Width ____ 30’ Recreational Access l^cl'^entralized Sewage Treatment System (Verified by MN Licesned Sewage System Designer) - io' . ^ Of □ Reduced Visibility (Structures, Parking Area, & Other Facilities) □ RCU’s 7» □ Centralized Shore Recreation Facilities ____ Dock(s) ____ Swimming Area(s) ____ Current License ____ Open Deck (200 Ft^ Max.) ____ Storage Structure (20 Ft^ Max. & 6 Ft Max. Height) •l3^C Considerations (Sec. V. 3.1.) Compatibility Hazards Land Suitability Sensitive Areas Noise Lighting \r Time Frame / Phasing - yVO ____ Existing ____ Dedicated to Project Topographic Alteration -- (f Any other possible adverse effects ;j0^rovided copy of SMO Environmental Impact Density/Location Near Shore Depth ***’*‘‘'^ Parking/Traffic Hours ■—- Signage ^/) Lot Area & Water Frontage DaSignature iPC: Cluster Development Pre-Application Checklist June 2008