HomeMy WebLinkAboutEthel Beach Resort_29000040027001_Memos,Correspondences, File Notes_ (2)IDa6£7a7 <: 2 > nfiK6OClV23/'08
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OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT
Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095
MEMORANDUM
Michelle Eldien
Assistant County Attorney
TO:
Kyle Westergard
Inspector
FROM:
DATE:July 6. 2004
RE: Kraig Stengrim: Septic System installed; issue resolved.
RE: Richard Bergseth: As of today has not applied for a Variance.
RE: rniSfrCtrase: Issue has been resolved. C.U.P. requirements complied with;
parking space marked.
RE: Robin Mysliwiec: Has not applied for a permit for septic system (outhouse).
Phil Reim/Mier Properties: Attached is the legal description; no E911 address
or property address.
RE:
Please call me with any questions.
DAVID J. HAUSER
OTTER TAIL COUNTY ATTORNEY121 WEST JUNIUS, SUITE 320
_____FERGUS FALLS, MINNESOTA- 56537
(218)998-8400
BVX(218)998-8414
ASSISTANTS
BARBARA R. HANSON
KURT A. MORTENSON
MICHELLE M. ELDIEN
NICOLE S. C. HANSEN
CHERIE L. CLARK
INVESTIGATOR
J. ALLAN ANDERSON
JUN 2 3 2004
L‘‘:^.
June 21,2004
Mr. Allen Chase
27521 Co Hwy5
Battle Lake, MN 56515-9679
RE: Otter Tail County Office of Land & Resource Management vs.
Allen Chase
Dear Mr. Chase:
The above-entitled matter has been referred to our office for consideration of criminal
prosecution for your failure to bring into compliance your property located within the Shoreland
Management Area of Ethel Lake in Otter Tail County. Unless you bring the property into
compliance with the conditional use permit that was issued April 20,1999, our office will have
no choice but to file a formal criminal complaint.
Please confirm whether the property is in compliance by July 15,2004. If you have questions,
do not hesitate to contact the Office of Land & Resource Management or myself.
Very truly yours,
Michelle M. Eldien
MME:jj
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i-OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENTi-.
Government Services Center, 540 West Fir, Fergus Palis, MN 56537 218-998-8095
MEMORANDUM
TO: Michelle Eldien
Assistant County Attorney
FROM:Kyle Westergard
Inspector
June 9, 2004DATE:
RE:Ethel Beach Resort - Allen Chase, Ethel Lake (56-193)
09/10/03 Office received a complaint regarding lack of 22 designated parking
spaces as required by Conditional Use Permit (CUP) #5691 dated April
20, 1999.
■
10/07/03 On site to investigate complaint. Parking spaces not identified. Explained
the CUP requirement to Mrs. Chase.
Revisited site, still no designated parking spaces.01/09/04
01/13/04 Sent letter to Allen Chase (copy attached).
Received call from Mr. Chase. Gave him a May 17, 2004 compliance
date.
01/21/04
'On site, spoke with Mr. Chase. Parking spaces not yet identified. Gave
him 10 days to comply with CUP requirements (May 31, 2004).
05/20/04
06/04/04 On site. No parking spaces designated.f.
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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
:
January 13, 2004
Allen Chase
27521 County Highway 5
Battle Lake MN 56515-9679
RE: Complaint Received, Ethel Beach Resort, Lake Ethel (56-193)
Dear Mr. Chase,
Recently 1 was on your lot to investigate a complaint our office received
regarding'the lack of designated parking spaces for the restaurant.
:
Conditional Use Permit #5691 (April 20, 1999) required that 22 designated
parking spaces be identified on site ito correspond with the submitted paper plan.
During my onsite investigation I was unable to locate the 22 designated
parking spaces. i
i
Please contact me by January 21, 2004 regarding this matter.
i
fk- .-i
^yle We^j^ard
Inspectdr
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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
January 13, 2004
AUen Chase
27521 County Highway 5
Battle Lake MN 56515-9679
Complaint Received, Ethel Beach Resort, Lake Ethel (56-193)RE:
Dear Mr. Chase,
Recently I was on your lot to investigate a complaint our office received
regarding the lack of designated parking spaces for the restaurant.
Conditional Use Permit #5691 (April 20, 1999) required that 22 designated
parking spaces be identified on site to correspond with the submitted paper plan.
During my onsite investigation I was unable to locate the 22 designated
parking spaces.
Please contact me by January 21, 2004 regarding this matter.
Sincerely,
fit
iKyle Wes^^ard
Inspector
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FIELD INVESTTSATION REPORT's
1/
Number of Photographs Taken 7
No Action Necessary (see comments)
Letter Needed (see comments) Letter Mailed
Violation Needed (see below) Violation #___Mailed;
Nature of Violation:
B) Building C) SewerA) Earthmoving
D. Other (Describe)or
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Sketch:
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J.Comments:
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MB: Forms: COMPL/MNT 09-02
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Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone: (218) 139-2271
Court House
FERGUS FALLS, MINNESOTA 56537
26 February 01
Mr. Allan (Sparky) Chase
Rt. 3, Box 93
Battle Lake, MN 56515
Dear Sparky,
I evidently gave you inaccurate information the other day concerning the metal structure that is
presently serving as a shelter for your pony/horse? Upon consultation with Mr. Tim Griep of
this office, the primary use of the structure defines its’ classification.
I told you that if you licensed it as a fish house that that would cover it. 1 was wrong. 1
apologize for any inconvenience my error has caused you and if you have already purchased a
fish house license for the structure, let me know and 1 will send you a personal check to cover
your expense.
Please work the rest of the situation out with Mr. Griep, as he is handling it.
Thank you for your understanding.
Best wishes for you, Liz and the children and congratulations on your expected new blessing.
Sincerely,
Mark Ronning
I-.'''
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone: (218) 739-2271
Court House
FERGUS FALLS, MINNESOTA 56537
February 1, 2001
Allan Chase
RR 3 Box 93
Battle Lake MN 56515-9629
Dear Mr. Chase,
I’ve tried to contact you on your cell phone at the mmiber you provided
(218-731-2937). Either the phone is not on or you are out of this calling area.
The shed I am referring to (letter of January 24*), is located between your
manufactured homes and steel storage shed. It appears to be some t3rpe of animal
shelter.
Please contact me by February 9, 2001 and we can discuss this matter.
-- Sincerely,
-I
Tim Griep
Assistant Administrator
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Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone: (218) 739-2271
Court House
FERGUS FALLS, MINNESOTA 56537
January 24, 2001
Allan Chase
RR 3 Box 93
Battie Lake MN 56515-9629
Dear Mr. Chase,
While inspecting on Ethel Lake recently, it appeared that a new structure
has been placed on the resort lot. After reviewing our files 1 could not locate a Site
Permit for this structure.:
Please send our office your Site Permit number for the structure on or before
February 9, 2001 so we can resolve this matter.
Sincerely,
Tim Griep
Assistance Administrator
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PROPERTY OWNERPARCEL #
ms-LAKE NAME
C iy-C'O L&R OfncialDate
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L&R OfficialDate
Action/Comments
L&R OfficialDate
Action/Comments
Date L&R Official
Action/Comments.
Date L&R Official
r rAction/Comments\
Date L&R Official
Action/Comments.
Date.L&R Official
Action/Com merits.
Date L&R Official
Action/Comments
Date L&R Official
Action/Comments.
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OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT
121 W. JUNIUS, FERGUS FALLS, MN 56537 (218) 739-2271
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December 23, 1998
Ethel Beach Resort
RR3 Box 93
Battle Lake, MN 56515
RE: Fill In A Wetland
Dear Mr. Chase:
Per our December 18, 1998 onsite conversation, I am writing to
remind you that all the debris (including brush, stumps, dirt, fill,
concrete and construction materials) must be removed.
You should try to have this area cleaned up by the end of January
1999.
then visit the site to see if it has been sufficiently removed.
I willPlease contact me when you have removed the debris.
Inspector
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LAND & RESOURCE MANAGEMENT
OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537
218-739-2271
September 18, 1997
Allen Chase
RR#3 Box 93
Battle Lake, MN 56515
RE: Ethel Beach Resort, Ethel Lake (56-193),
Dear Mr. Chase,
On September 17, 1997, I was inspecting in your area on Ethel Lake. At that
time, I noticed several loads of fill onsite. It also appeared that you had recently
leveled a new spot for a camper pad.
After checking our files, I could not locate a Grade & Fill or a Conditional Use
Permit that was issued to the resort for these projects. Please send me your Permit
number that this work was authorized under on or before September 25, 1997 so
we can resolve this matter.
Sincerely,
T Vv'>—>
Tim Griep
Asst. Administrator
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H,\ENNING
Serving the Henning, Ottertail, Vining And SurrouVolume 103, No. 42
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ing into Otter Tail County is boom- and double patios, We're going to to wn^
Counter to what may seem like a ing but the number of resorts is offer a golf package." ■ ,
trend of area resorts closing or con- dwindling." ' . 1 Sparky Chase represents the sec- ,
verting to other uses, Ethel Beach Chase said he feels fhat.the reho- ond generation of ownership of
Resort is upgrading in anticipation vations that are in process at Ethel ./Ethel Beach Eesort. His parents,
of increasingly better business. ' Beach Resort are in line with what Ray ,and Elaine Ghasej ran it from ri,f9T Tb
The reof trend, according to people want. ; ’ 1978 until he took it over in 1989.
owner Sparky Chase, is that resorts The cabins are being widened. He now runs it with his wife, Liz. '
must upgrade in order to stay com- some with four-foot additions and He jokes that the resort is i>ow in
petitive. some with eight-foot additions, he its third generation of the family,"People don't want 'okay' cabins," explained. They are being com- with the birth of their daughter,,^^i^?. -
said Chase. "They want them as pletely remiodeled and lofts are Maggie. ' ^
nice or nicer than at home. Most of being put in, he continued. Chase called Ethel Lake'Th/
the cabins will be that way in the "They will be all knotty pine cleanest lake in Otter Tail County," ypiph tm
next 10 years." throughout-the whole works," he and commented, "it never gets too ^
He said he sees irony in that cur- said. "They'll have full loft bed- windy to fish." .Marie O
rently, "the number of people com- rooms and downstairs bedrooms He said the renovations at the steaded
resort will be completed by the next /Olson, v
tourist season, and the bookings are bom, sh(
already up. ^ ■ .out that
He commented, "nice cabins at a T®fber wt
moderate price-that's the trend, I Lloyd :, , tioiiship
. a .l)it far
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Being Upgraded-\\
CABINS at Ethel Beach resort are being renovated Resorts must upgrade* in order fn/stay coimpkitive,
in anticipation of increasingly better business, said owner Sparky Chase.
By Ethel Beach Owner...
«.*■/ •
Upgrading Seen as New Resoil trend
‘ :
•i 'By Jerry Barney
(
Henning Does Really Well
In Community Fund Drive
A total of $6,055 was raised by Minnesota Chapter) $337.50; Cystic COUflty FlfldnCial
the Henning Community Fund in SUITimary InSGrtCd
rI
believe."
■We‘ were
its 1994 campaign.
The funds were allocated as fol- Scouts/Cub Scouts $279.50; Kidney Inserted in this issue are the ' Tillie h: . Foundation of the Upper Midwest otter Tail County Summary ;V^g. I
Minnesota Arthritis Foundation . $143; United Cerebral Palsy of Financial Statements for the year claun, bu
$242.50; American Diabetes, 'Minnesota, Inc. $73.50; Henning ended Dec. 31, 1993. ' Benson £
Association of Minnesota $365; /Girl Scouts $274.50; Multiple The purpose of the report is to %ewa8,si:
Henning Senior Citizens' Center Sclerosis (Minnesota North Star provide a summary of financial So did
(50 percent retained at local center Chapter $201; Courage Center information concerning Otter
and 50 percent to Lutheran Social (Camp Courage) $194. .
Service Senior Nutrition Program) ' Minnesota Association for
$373.50; American Cancer Society Retarded Citizens (MARC) $164.50;
(Minnesota Division) $775; Leukemia Rg
American Heart Association University
lows:
S9THACounty for interested citizens. - ^
Oakwood SMer*ch Fund at
lesota $201;
o o,
4.
STATE OF
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATERS
2115 BIRCHMONT BEACH ROAD NE
BEMIDJI, MN 56601
PHONENO. 218/755-3973 FILE NO
January 7, 1986
Mr. Ray Chase
Route 3
Battle Lake, Minnesota 56515
Dear Mr. Chase:
PERMIT NO. 86-1038, ETHEL LAKE, OTTER TAIL COUNTY
Enclosed is a permit authorizing you to improve a 100 feet section of beach and
to also stabilize an additional 380 feet of shoreline on your property on Ethel
Lake in 5.4, T.133N, R.39W, Otter Tail County.
Please read the permit carefully because it does not allow all of the work that
you requested. Specifically, state regulations prohibit the exclusive use of sand
for erosion protection, and therefore an acceptable alternative utilizing rock riprap'
is specified in the permit.
Pursuant to Minnesota Statutes, Section 105.44, Subd. 3 and 6, the applicant, the
managers of the watershed district, the board of supervisors of the soil and water
conservation district or the mayor of the city may demand a hearing on the Order
provided the demand for hearing and the bond required by Subd. 6 be filed with the
Commissioner within 30 days. No bond or security is required of a public authority
which demands a hearing. The statutes further provide that if no demand for hearing
be made or if a hearing is demanded but no bond is filed as required by Subd. 6, the
Order shall become final at the expiration of 30 days after mailed notice thereof
and no appeal of the Order may be taken to district court.
Subdivision 6 requires that an applicant filing a demand for a public hearing execute
and file a corporate surety bond or equivalent security to the State of Minnesota.
The amount to be filed is $500.00 as set by the Commissioner. The bond or security
shall be conditioned for the payment of certain costs and expenses of the public hearing
if the Order is affirmed without material modification; however, the applicant's
liability is limited to $750.00. The $750.00 limit does not apply when a public hearing
is demanded by a public authority which is not the applicant. Bond forms will be
supplied at your request.
If you have any further questions, please contact Area Hydrologist, Terry Lejcher
at 1221 Fir Avenue E. Fergus Falls, MN 218/739-7576.
Sincerely,
Gerald L. Paul
Regional Hydrologist
cc: Terry Lejcher
St. Paul Waters an yjyj»(tt<*t^H»'OTtTlffTlT>g EMPLOYER
Region 1 Enforcement USCE
East O.T. SWCD
MODIFIED
PROTECTED WATERS
>ERMIT
IM|^NNES0TA
SmSNatural Resources
w
N<\-OP733-01 P.A. Nuaber
86-1038Department ofi
Division of aters
I I
Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the
permit application, letters, maps and plans submitted by the applicant and others supporting data, all of which
are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course,
current, or cross section of the following: ___________________
County
OTTER TAIL
Protected Water
ETHEL LAKE (56-193)
Telephone Number (include Area Code)
218/367-2603
Name of Applicant
RAY A. CHASE
Address (No. C Street, RED, Box No., City, State, Zip Code)
ROUTE 3, BATTLE LAKE, MN 56515
Authorized to:
SEE ATTACHED SHEET
Purpose of Permit:
Beach Sand Blanket and Shoreland Protection
Expiration Date of Permit
January 7, 1987
Property Described as:County
Otter TailGov^. lots 3 & 5, Sec. 4. T.133N. R.39W
As Indicated: (11) the ordinary high water mark
of Ethel Lake.
As Indicated: (B)
Does Not Apply
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
This permit is permissive only and shall not release the permittee from any liability or obligation imposed
by Minnesota Statutes, federal Law or local ordinances relating thereto and shall remain in force subject to
all conditions and limitations now or hereafter imposed by law.
2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources.
3. The Regional Hydrologist shall be notified at least five days in advance of the commencement of the work authorized
hereunder and shall be notified of its completion within five days thereafter. The notice of permit issued
by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources,
in the dimensions, capacity or location of any items of work authorized hereunder.
The permittee shall grant access to the site at all reasonable times during and after construction to authorized
representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder.
This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary for
the conservation of water resources of the state, or in the interest of public health and welfare, or for violation
of any of the provisions of this permit, unless otherwise provided in the Special Provisions.
Construction work authorized under this permit shall be completed on or before date specified above. Upon written
request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtained.
The excavation of soil authorized herein shall not be construed to include the removal of organic matter (as
indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by
the application of bentonite after excavation.
In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking,
using, or damaging of any property rights or interests of any other oerson or oersons, or of any publicly owned
ianos or improvemencs cnereon or interests therein, the permittee, before proceeding therewith, shall ootair
the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights
and interests necessary therefore.
1.
5.
6.
7.
8.
9.
10. This permit is permissive only. No liability shall" be imposed upon or incurred by the State of Minnesota or
any of its officers, agents or employees, officially or personally, on account of the granting hereof <-or on
account of any damage to any person or property resulting from any act or omission of the permittee or any
of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed
as estopping or limiting any legal claims or right of action of any person other than the state against the
permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission,
or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents,
employees, or contractors for violation of or failure to comply with the permit or applicable provisions of
1 aw.
11. No material excavated by authority of this permit nor material from any other source, except as specified herein,
shall be placed on any portion of the bed of said waters which lies below (as indicated above).
12. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected
waters and left open and unobstructed for use by the public.
13. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S.
Post Office and Custom House, St. Paul, Minnesota 55101.
SPECIAL PROVISIONS
I. The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota
~ Pollution Control Agency and other applicable federal, state, or local agencies.
II. Upon completion of construction, the bed of the protected water shall be restored as nearly
as practicable to the original cross-section.
III. The permittee shall cover or protect all exposed soil resulting from the construction authorized
by placing riprap, sod, and/or seed on banks and slopes of said construction for the prevention
of soil erosion, sedimentation and lake/stream discoloration.
IV. Future maintenance of this project shall not exceed the dimensions herein authorized. Prior
to commencing any maintenance work, permittee shall advise the Department of Natural Resources
of the type of materials, equipment, and procedures to be used. Maintenance work shall not be
commenced until permittee's receipt of the Department's approval.
THIS INSTRUMENT WAS DRAFTED BY: Terry Lejcher
cc: St. Paul Waters
Region I Enforcement
Terry Lejcher
East OT SWCD
USCE
Authorized Signature TitleRegional Hydrologist
Date
January 7, 1986
Gerald L. Paul
r
Permit No. 86-1038
Authorized to: Install a beach sand blanket along 100 feet of shoreline. The blanket
shall be installed along the shoreline which fronts the resort office. It shall be one foot
in thickness and extend 40 feet waterward from the edge of the present shoreline bank.
In addition, the permittee is further authorized to reclaim a portion of the eroded shore-
land along the balance of his shoreline frontage (approximately 380 feet). The portion
of the shoreland to be reclaimed shall extend four feet waterward from the present
shoreline bank. The fill used to reclaim this area shall consist of sand and coarse
aggregate free of organic materials. The lakeward slope of the reclaimed area shall
be covered with a filter fabric and then protected by the installation of natural rock
riprap. The riprap shall be placed at a 3:1 slope with a majority of the rock to be 12
inches in diameter. The riprap shall blend in uniformly with the adjacent shoreland to
provide a natural appearance. Riprap must be installed in conjunction with the reclamation
of the shoreline. THIS PERMIT SPECIFICALLY PROHIBITS SHORELINE RECLAMATION
WITHOUT RIPRAP PROTECTION.
OTTER TAIL COUNTY
DEPARTMENT OF PUBLIC HEALTH
SUB OFFICE
222 2nd AVENUE S.E.
PERHAM, MINNESOTA 56573
218-346-3175
MAIN OFFICE
OTTER TAIL COUNTY COURTHOUSE
FERGUS FALLS, MINNESOTA 56537
218-739-2271
/■
,7'
February 1991
Licensed Recreational Campgrounds and ResortsTO:t
FROM: Doug Johnson, R.S.
RE: New Construction Plan Review
Consultation with the Shoreland Management Office has resulted in
the following policy cdncernihg remodeling ,or hew construction at a resort
or recreational oampgrouhdi Effective February 1, 1991, |?rlor to the
Shoreland Management Office Issuing the required permit, you will need to
provide them with a complete plan review form from the Health Department.
(Copy Enclosed).
The addition of permanent rooms and screened porches to recreational
vehicles Is not consistent with the Otter Tail County Recreational
Campground Ordinance, however this construction has been permitted by the
Shoreland Management Office. This policy Interpretation error has
resulted In recreational camping vehicles being altered to the extent that
they no longer meet the definition of a recreational camping vehicle.
(Copies Enclosed).
The existing construction will be allowed to remain as Is and will
be evaluated by the County Health Department on an Individual basis
during routine inspections. This Department will work with the campground
owners In an effort to bring these structures Into compliance with
current regulations. Such structures may need to be reclassified as
cabin instead of a recreational vehicle.
The construction of permanent accessory structures on recreational ”
camping sites will no longer be permitted. Any temporary accessory
structure such as attached awnings, carports or Individual storage.facilities
and accessory structures on manufactured home sites must meet all set
back requirements of the County Manufactured Home Park and Recreational
Camping Area Ordinance.
a
If you should have any questions regarding this matter please feel
free to contact me at 218-739-2271, Ext. 290.
cc: Wally Senyk
cc: Shoreland Management Office'
i