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2409VIOLATION
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You are hereby notified that you have violated the Shoreland Management Ordinance of Otter Tail County, Minnesota pur
suant to MINN. STATUTES CHAPT. 394 AND SEC. 103F.201 THROUGH 103F.221. The nature of the violation is as follows:
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■Present this formrin^aerson^ the Land & Resource Management Office, Government Services Center, West Fir Ave., Fergus Falls,
Minnesota on or before_l_HjjH_L_____7 ! 'aU L
Attorney’s Office for legal action. ^ f 3 ~ 39'7~ (^(^7S'
This violation may be referred to the Otter Tail County
DATED:Office Hours: 9:00 AM to 5:00 PM.
Monday through Friday
Land & Resource ManagerrienrOfficialBK 0694-001 315.254 • Victor Lundeen Co . Printers. Fergus Falls. MN
RECEIVED
FEB 0 7 2007
LAND & KtbUUKCeDAVID J. HAUSER
OTTER TAIL COUNTY ATTORNEY
121 WEST JUNIUS, SUITE 320
FERGUS FALLS, MINNESOTA 56537
(218)998-8400
FAX(2I8)998-84I4
ASSISTANTS
KURTA. MORTENSON
MICHELLE M. ELDIEN
NICOLE S. C. HANSEN
RYAN C. CHESHIRE
HEATHER L. BRANDBORG
CHRIS A. STUBER
INVESTIGATOR
SANDRA H. HOLD
"C, -A
February 2, 2007
Joseph and Lisa Harlow
43606 Mosquito Heights Road
Perham, MN 56573
RE; Otter Tail County Office of Land and Resource Management vs. Joseph and Lisa Harlow
Dear Mr. and Mrs. Harlow:
Per our meeting of February 2, 2007, you agree to complete the following by June 15, 2007:
1.Have no more than fifteen (15) campers on the property (per current CUP);
The new cabin is to be restored to be used as its pervious purpose, a fish house;
The new fish house will be removed from the property;
The storage shed will be removed from the property;
You will meet with Mark Ronning, an Inspector, and the Health Department, either
together or separately, to resolve all issues involving septic lines/tanks/systems on the
property. The resolution of these matters does not need to be completed by June 15'’’,
2007; however the meeting(s), plans, etc., must be completed by that date.
2.
3.
4.
5.
It was also understood and agreed by all parties that the additions to the campers can remain as it
is understood the additions were completed before the ordinance prohibited them. However all
parties understand that once a camper is removed or destroyed the adjacent addition must also be
removed.I believe this outlines our agreement. As loip^as this agreement is followed,
compliance should follow, and no criminal proceedings vJmme n^essary. If you have any
questions please feel free to contact me or the Office of LaSlid F^l^ce Management
Sincerely,
Ryan C. Cheshire
Bill Kalar- Land & Resource
Mark Ronning - Land & Resource
cc:
RECEIVED
FEB 0 7 2007
DAVID J. HAUSER
OTTER TAIL COUNTY ATTORNEY
121 WEST JUNIUS, SUITE 320
FERGUS FALLS, MINNESOTA 56537
LAND & KtbUUKCE
S»i«S(218)998-8400
FAX(2I8)998-84I4 ISTANTS ,
MICHELLa^4^[
NICOLE S. C. HANSEN
RYAN C. CHESHIRE
HEATHER L. BRANDBORG
CHRIS A. STUBER
INVESTIGATOR
SANDRA H. HOLD
KU SON
DIEN
February 2, 2007
Joseph and Lisa Harlow
43606 Mosquito Heights Road
Perham, MN 56573
RE; Otter Tail County Office of Land and Resource Management vs. Joseph and Lisa Harlow
Dear Mr. and Mrs. Harlow;
Per our meeting of February 2, 2007, you agree to complete the following by June 15, 2007;
campers on the property (per current CUP);Q Have no more than fifteen
The new cabin is to be restored to be used as its pervious purpose, a fish house;
The new fish house will be removed from the property;
The storage shed will be removed from the property;
You will meet with Mark Romiing, an Inspector, and the Health Department, either
together or separately, to resolve all issues involving septic lines/tanks/systems on the
property. The resolution of these matters does not need to be completed by June 15"’,
2007; however the meeting(s), plans, etc., must be completed by that date.
5.
It was also understood and agreed by all parties that the additions to the campers can remain as it
is understood the additions were completed before the ordinance prohibited them. However all
parties understand that once a camper is removed or destroyed the adjacent addition must also be
removed. I believe this outlines our agreement. As long as this agreement is followed,
compliance should follow, and no criminal proceedings will be necessary. If you have any
questions please feel free to contact me or the Office of Land and Resource Management.
Sincerely,
Ryan C. Cheshire
Bill Kalar - Land & Resource
Mark Running - Land & Resource
cc;
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• /FIELD INVESTT6ATI0N REPORT
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No Action Necessary (see comments)
Letter Needed (see comments) Letter Mailed
Violation Needed (see below) Violation # Mailed/^vC
wNature of Violation:
A) Earthmoving Sewer
D. Other (Describe)
Sketch:
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MB:Forms;COMPL/^INT 07/03
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FIELD INVESTI6ATI0N REPORT
Number of Photographs Taken
No /Action Necessary (see comments)
Letter Needed (see comments) Letter Mailed__________________
Violation Needed (see below) Violation # *9^ Mailed/^V^G V
Nature of Violation:
VIA) Earthmoving Sewer
D. Other (Describe)
Sketch:
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MB:Forms;COMPl^INT 07/03
Date
STATE OF MINNESOTA )
)ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF OTTER TAIL)
Joyce Thompson, of the City of Fergus Falls, County of Otter Tail, in the State of
Minnesota, being duly sworn, says that on the 12*** day of July, 2006, she served the
annexed:
VIOLATION #2409
On the following person, by mailing a copy thereof, enclosed in an envelope, postage
prepaid, and by depositing same in the post office at Fergus Falls, Minnesota, directed to
said person at the following address:
Joseph & Lisa Harlow
43606 Mosquito Heights Rd
Perham MN 56573
Jo3foe Thompson
Land & Resource Management Official
Subscribed and sworn to before me this
12*** day of July, 2006
Notai
My Commission Expires January 31, 2010
&AMY JO ANDERSON
Notaiy PuMc
Minnesota
My Comm. Expires Jan 31,2010
ForaiLtrs-CertifiedMailingMS
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.ottertail.mn.us
24 Sept 06
Joseph and Lisa Harlow
(Big Pine Lodge)
43606 Mosquito Heights Road
Perham, MN 56573
RE: Meeting with Administrator (Bill Kalar), Land & Resource Management Dept,
concerning violation #2409 issued 12 July 06 and your options to satisfy subject violation
Dear Mr. & Mrs. Harlow,
As Mr. Kalar advised you, you have the following options:
1. Do nothing, and let this situation proceed to the County Attorney for settlement.
2. Remove the non-complying structures and/or additions to the existing septic
system (return the resort to its original condition/numbers/types).
3. Apply for proper authorization for the changes you made.
If you choose option #3, you will need to apply for an ‘'after the fact” conditional use
permit for the increase in dwelling units, an “after the fact” variance for any substandard
locations for structures/RCU’s and septic system modifications that you want to keep ‘’as
is”. In addition, you will need to apply for “after the fact” site permits for any un
permitted structures/dwellings on site.
1 have enclosed application packages for the Conditional Use Permit and Variance
applications. A detailed and accurate scaled scaled/surveyors’ drawing of the facility is
required for these applications.
If changes are approved, appropriate upgrades to the septic system will need to be made.
Please inform our office on or before 7 August 06 as to how you wish to resolve this
matter.
Sincerely,
Mark Ronning,
Inspector
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.ottertail.nnn.us
12 December 2006
From: Mark Ronning
To: Ryan Cheshire, County Attorney’s Office
Subject: Request for assistance in resolving situation of Joseph and Lisa Harlow (Big
Pine Lodge) 43606 Mosquito Heights Road, Perham, MN 56573
RE: Violation #2409 issued 12 July 2006 against parcel 52000170112006 located at
43606 Mosquito Heights Road Big Pine Lake #56-130 GD Class, Otter Tail County
Sir:
1 went to the above Resort/RCA on 11 July 06 in response to a citizen complaint of new
RCU site being established too close to the property line (Copy of investigation report
End. 1). During the visit/investigation, 1 noted multiple violations of the Shoreland
Management (SMO) and Sanitation Ordinances (SO) and issued Violation #2409 dated
12 July 2006 (copy End. 2). Pictures were taken showing the violations (End. 3.)
The authorized number and type of RCUs authorized to be on site are indicted on the
property record folder (copy End. 4.).
On 21 July 06 a meeting was held with the Harlows and they were given 3 choices at that
time (copy End. 5). It is apparent that they have chosen to “do nothing” and let this
situation proceed to court. In addition, when I made a follow-up visit on 11 December
06, a “controlled access” for ice fisherman appears to be in place now (notes on End. 5).
This is a function specifically prohibited by the SMO.
A copy of the appropriate section of the Sanitation Code is attached and highlighted
(End. 6).
Copies of the appropriate section of the Shoreland Management Ordinance are attached
and highlighted (End.7).
We would like this facility to be brought into compliance by 15 June 07 and the
controlled access activity to cease immediately. If taken to court, we would like a
significant fine in addition to compliance.
Sincerely,