HomeMy WebLinkAboutFair Hills Resort_17000040064000_Conditional Use Permits_10-04-1989of County
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I w^m mm •. r APPLICATION FOR CONDITIONAL USE PERMIT -
Shoreland Management Ordinance
3o - Otter Tail County
Fergus Falls, Minnesota 56537
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Rec. No.Application Fee $
I
Twp. NameTwp. 137 Range 4?Legal description of land: Lake No. Rfi-7Rfi Sec._4.Dunti.
_ Lake Class General De\t-Lake Name 1 1 fan
6142Fire No.Legal Description:
Lots 40,41, and part of 42, Minnie Barry's Addition to Killarney Beach
Parcel Number:
Project Description:received
3EP 0 61989
land & RESOURCE ‘
See attached sheets
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPL\C\At^T SHALL BE PRESENT AT THE SCHEDULED HEARING.
O Address:
I r .Sc;r,g^/
'^(K ^s!fh.
l((^Owner:
Home Ph. •Applicant Signature:
Oct.Tooa.M, 19 Time:Date of hearing:
A motion pcu-izd to dzntj c-onstdzuation djj appltcation; n.zai>ont,
bsying that tkotz it no matwiaZ change tn the. a/iexi on. appitcation.
Conditional Requirements:
This application is hereby recommended for approval by the Otter Tail County Planning Advisory Commission.
Chairman
day of _19Approved by the Board of County Commissioners of Otter Tail County this
fcKUisS/co^-'i
d^c^^ion. 10-(1-^7 Chairman
Special Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and
Minnesota Commissioner of Natural Resources notified this , 19day of
CONDITIONAL USE PERMIT NO.
MKL-0871-01-01 Malcolm K. Lee, Shoreland Administrator
Otter Tail County, Minnesota220707 ®VICTOR LUNOCEN CO . PRINTERS. fERCUS FALLS.
.V)
October 11, 1989- 2 -County Board
Motion was made by Hub Nordgren, seconded by Andy Lindquist and unani
mously carried, to approve payment in the amount of $732.88 to the
Department of Public Health, to cover abatement costs on the Virginia '
Schulz property in the City of Fergus Falls, and authorize the County
Auditor to place a special assessment on the property on the tax of
1990.
NUISANCE ABATEMENT COST
PUBLIC HEALTH
Motion was made by Hub Nordgren, seconded by Andy Lindquist and unani
mously carried, to approve payment for fire calls, in the amount of
$200.00 to the New York Mills Comiiunity Fire Department for road
ditch fire in the SE^s, Section 5, Deer Creek Township on CR #135, and
$150.00 to Compton Township for grass fire on road ditch on CSAH #50.
FIRE CALLS APPROVED
Upon motion made by Bert Hovland, seconded by Andy Lindquist and unani
mously carried, the following applications for homestead classification
and/or reduction of tax capacity were approved;
ABATEMENTS
Residential homestead
Property overvalued
Incomplete construction
overvalued
Property overvalued
Duwayne & Marilyn Nelson Everts Township
Merle V. Myhre
John C. Bemis
Dunn Township
Eagle Lake Twp.
Dunn Township
Motion was made by Hub Nordgren, seconded by Mel 0. Olson and unani
mously carried, to approve payment of the 1990 dues to the Association
of Minnesota Counties, in the amount of $11 ,463.00, to be paid in
February of 1990.
Upon motion made by Bert Hovland, seconded by Hub Nordgren and unani
mously carried, the following resolution was adopted:
RESOLVED by the Board of County Commissioners of Otter Tail County
Minnesota, that
WHEREAS, on May 10, 1989, the County Board accepted the bid of
Sanitation Products, Fargo, ND, in the amount of $30,198.00 for
three dump box & hydraulic systems, and
WHEREAS the above contract has now been received to the satisfaction of the County Board at a total cost of $30,198.00,
NOW, THEREFORE, BE IT RESOLVED, the County Auditor is hereby autho
rized and instructed to issue a warrant in the amount of $30,198.00
payable to Sanitation Products in full payment thereof.
Dated at Fergus Falls, MN this 11th day of October, 1989.
Erwin Siems, County Assessor, discussed the possibility of condemna
tion proceedings for acquisition of the necessary right-of-way on
the re-routing of CSAH #1 through Amor. No action taken.
Motion was made by Sydney Nelson, seconded by Hub Nordgren and unani
mously carried, to approve the plat of Belle Acres, located in
Section 31-1 35-38.
Motion was made by Bert Hovland, seconded by Andy Lindquist and unani
mously carried, to uphold the decision of the Otter Tail County
Planning Commission on the denial of consideration of an application
by David Kaldahl, Fair Hills, Inc., for conditional use permit.
James Schneider
AMC DUES APPROVED
FINAL - SANITATION PROD
DUMP BOXES
CSAH #1 RIGHT-OF-WAY
ACQUISITION
PLAT APPROVED
BELLE ACRES
yrONDITIONAL'llSE PERMlj
^Jj^DAHL, OaOtfl
Otter Tail County Planning Commission
County Court House
Fergus Falls, Mihnesota 56537
October 4, 1989
Meeting of the Otter Tail County Planning Commission was held on October 4,
1989 at 7:00 P.M. in the Commissioners Room, Court House, Fergus Falls,
Minnesota 56537.
Mike Ackley, Leslie Estes, Cecil Femling, Noble Hatling,
Frank Lachowitzer, Reba Lee, Bert Olson, Victor Petterson
Robert Schwartz, David Trites. Mike Kirk, County
Attorney's Office and Bill Kalar, Land & Resource Management
Office were also present.
Members Present:
Jr • •
Members Absent:None.
A motion by Lachowitzer, second by Schwartz, to approve the
minutes of the September 6, 1989 meeting as mailed.
Approved:
Voting: All members in favor.
Denied Consideration of Application: A motion by Petterson, second by Ackley
to deny the consideration of the
Conditional Use Application of David hJ
^Kaldahl, Fair Hills, Inc.* jelican'Lake 1^5^-7 86), GD, Lots 40,^ & Pt. 42,
Minnie Barry's Addition to Killarney
Beach, Section 4, Dunn Township; reasons
being that there is no material change
in the area or the application.
Voting: All members in favor.
A motion by Trites, second by Schwartz to approve the Conditional
Use Application of Merle Lange, Long Lake (56-210), RD, Lot 14,
Block 1, Echo Ranch Riviera, Section 5, Otter Tail Township with
the provision that the sign be a maximum of 2' X 3' in size and
not be obtrusive in color.
Approved;
Voting: All members in favor.
Otter Tail County Planning Commission
County Court House
Fergus Falls, Mihnesota 56537
October 5, 1989
David H. Kaldahl
Fair Hills Resort
Box 6
Detroit Lakes, MN 56501
Dear Mr. Kaldahl:
This is to inform you that at the October A, 1989 meeting of the Otter Tail
County Planning Commission a motion was passed to deny consideration of your
Conditional Use Application; reasons being that there is no material change
in the area or the application.
The Otter Tail County Board of Commissioners will consider this application
on October 11, 1989 at 1:30 P.M.
Sincerely,
Marsha Bowman
Acting Secretary
OTCPC
PLANNING COMMISSION MOTIONS
APPLICANT
T
MOTION hV
SBCONO BV
WITNESSES
UCCOH^^^^
O^Kjiol
ABSTAIN
ACKLEY
FEMLING
HATLING
LACHOWITZER
LEE
OLSON %/•
PETTERSON
SCHWARTZ
S'"
TRUES
ALL MEMBERS IN FAVOR
i
SHORELAND MANAGEMENT
OTTER TAIL COUNTY
Fergus Falls, Minnesota 56537 INOTICE OF HEARING FOR CONDITIONAL USE PERMIT
APPLICANT MUST BE PRESENT AT HEARING
fain Hltt6 RunnX
Vavld H. Kaldakt
Box 6
VdXKolt Lak(U>, m 56501
TO WHOM IT MAY CONCERN:
•J.
has made application to the Otter Tail County Planning Commission for a Conditional Use Permit as
per requirements of the Otter Tail County Shoreland Management Ordinance. The Otter Tail County
Planning Commission will assemble for this hearing on
7:00 V.M. Place Comml66loneA'6 Room, CouAl House, Fergus Falls, Minnesota.
OatobeJL 4 19^3.
Time.
This notice is to advise you that you may attend the above hearing and express your views on the
Conditional Use requested.
The property concerned in the application is legally described as:
Range . 42lake No 56-H6 Sec.__£Twp. 137 Twp. Name Vann
Fire No. 6142Pelican Lake Class GVLake Name:.
Lots 40, 41, and poAt 42
Hinnle BoAAy's Addition to jCUZoAnzy Beach
THE CONDITIONAL USE REQUESTED IS:
See attached sheets as submitted by applicant,'
V
Ceclt PemtinqSeptember. 15, 19S9Dated.Otter Tail County Planning Commission Chm.
MKL -0871-011
By:.
1I1910I® OWtM UMIIIU 4 4KINnt4. PC4W4 441X4. HUM.
residentai:^$9.;«^B^C^^
the, follovinfj^0^^^i-'f:
township rs(a4
V’ - " ■■i^ , •
Conditional Use permit
Fair Hills Resort would like to rezone lots 40,41 and
located onthe Minnie Barry addition to Killarney Beach
shore of Pelican Lake in Dunn Township
• • t
from• • • •
We would like the Zoning Board to consider
options.
Block off the1. Change to commercial use as.
198' from lake at Fair Hills-Gibb property line
%
■ H
see circled ,1
1....SO there would be 45'6" of vacant land buffer on the
of the house and 49’3" of vacant buffer land on the back (awayf^fyoxn * ^
the lake ) side of the house. Traffic to Kaldahl "block Hovis^
be limited to Kaldahl vehicles only. Guest vehicles would 'again iipayh^k.g^.J^^
in back of cabin #59. ‘
4. follow proposal #3, and also tear down the blue block houe^^'S^lopk ^^^^^
off township road at Fair Hills-Gibb property line. Neare91-.^pe
would prefer this block house left for protection from vihd. cf*
5 for letter from them about this. ‘ T"
2. Have the east end of the larger blue house occupied by ttie
family only, or be vacant. See circled 1 and 2. Traffic"to. •
portion would be limited to Kaldahl vehicles only,
house would be back of #59 see map, page 2.
3. Demolish east end of large blue house
• o •
• • •
On any of the above four proposals, David and Barbara^: Kald__
move back into their home located on the west side of Fair HiK
.If proposal 2 were adopted, Steve Kaldahl would continue
in the east end of the blue house, as he has for the summers of 8
Beth (Kaldahl) Schupp and family would continue to
map •«
block house for visits as the/ did for the summer of '89. If prppbsalj-f'
and ' 89.
3 were adopted, Steve Kaldahl would probably live in the blueVblpck
The part of the blue house now occupied by David and BarbaraTheir hojn^||j.0;g^5|
This home has been rented for the past two summers..('88
Any of the above proposals would result in less rentable
by Fair Hills ' '
More information on meeting zoning requirements to follow,
house.
has 1580 sq.ft of floor space (outside dimensions),
the west side of the resort has 2220 sq
msi^Mi
In the Matter ofthe Application of Fair Hills, Inc.
for a Conditional Use Permit
FINDINGS AND REPORT OF
OTTER TAIL COUNTY PLANNING COMMISSION
TO: THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS:
Upon all of the evidence submitted to the Planning
Commission of Otter Tail County on May 4, 1986, by Fair
Hills, Inc. for a conditional use permit for the applicant on
Lots 40, 41 and part of 42 of Minnie Berrie Addition to
Killarney Beach, Section 4 of Dunn Township, that said lots
be changed from residential to commercial use. Zoning
Commission hereby makes the following findings:
Parking.
concrete pad on the back of the lot. In addition, there is
parking in back of cabin 59 (See attached plat). There is
There is parking for two cars on a1.
41 and part of 42 for additionalample area on Lots 40,
parking.
Fair Hills has had a minimum of complaints
If there is any problem with
Noise.2.
about the guests at the resort.
a guest at the resort. Fair Hills makes it a policy to turn
down people who request future reservations,
reported to Fair Hills from the immediate neighbor to the
east of the lots in question that the noise has been much
It has been
less since a private individual has sold these premises to
Fair Hills does just now allow any late noise
that would bother other people on the lake.
Hours of Business.
the resort.I
3.Fair Hills maintains the normal
hours of lake life.There is an occasional early fisherman,
and it is very seldom that there is anyone up after 11:00
o'clock in the evening at Fair Hills,
itself in being a quiet resort.
Fair Hills prides
Lighting.4.There is a large farm light on these
premises, as well as lights on the pillars.See attached
plat.
Adequate Lot Size for the Business.5.Fair Hills,
based upon the size of the resort, at this point, is
With the addition of the unitsauthorized to have 94 units.
added by this application for conditional use. Fair Hills
would then have 94 units at the resort.Therefore, by
granting a conditional use permit. Fair Hills does not exceed
the units already determined to be proper by the Shoreline
Management Ordinance.
Environmental Impact. The buildings on the lots in
question, when owned as a residential unit previously, would
have an ordinary feimily there in the summertime, with the
usual guests that such a family would have at a lake cottage.
Fair Hills indicates that the property is being used as four
separate units, and that would ordinarily put an average of
6.
-2-
about eight to ten people on the premises,
feet of frontage on the lake, which is 32 feet larger than
the minimum for a lake lot. Fair Hills charges extra if the
people who make reservations at the resort invite extra
They discourage extra people being allowed to stay
with people who have reservations at the resort.
This lot has 132
people.
The
buildings on these particular lots, having been a residential
unit, are very compatible with the adjacent area, and do not
have the appearance of rental cabins.No change is planned
to the buildings on the premises,
detrimental impact upon the environment.
Hazards.
Therefore there is no
Fair Hills has never had any accidents
where there have been any fatalities or serious injuries.
Basically, Fair Hills does not recall any accidents that they
have had or any hazards that presently exist,
rented by Fair Hills, but they are careful to rent to
Fair Hills does not have any liquor
7.
Boats are
responsible people.
license from which any hazard along that line can arise.
No change is being made orCompatibility.8.
contemplated to the buildings or the grounds of these lots.
Crowding Potential.Since the size of the resort9.
allows the number of units being added as rental property
However, in figuring the 94
units allowed to Fair Hills, it can be said that there is
additional land with the attached golf course and a pasture
here, there is no crowding.
-3-
across the highway to the north. If this land was added to
the resort to figure how many units were allowable. Pair
Hills believes that they would be allowed, based upon the
ordinance, over 120 units.
Density and Location of Development,
qualifies for 94 units which would include the proposed
conditional use units.
10.Fair Hills
11.Topography.There is no change contemplated or
being made in the topography because of this proposed
conditional use permit.
12.No Adverse Effects.The 4 units used as rental
property at the resort, under this conditional use permit:,
consist of approximately % of the business of Fair Hills
It is good and reasonable business for Otter TailResort.
County.
Fair Hills is a family resort emphasizing wholesome
family recreation. These units in this proposal fit into the
philosophy of the resort. Although Fair Hills qualifies for
a liquor license, it has never been applied for.
parties are not allowed in cabins. Fair Hills closes its
Late
Fair Hills has never had to call for alobby at 11:00 p.m.
law enforcement officer on their premises.
Fair Hills is a major employer of local people, hiring
people from Verges, Pelican Rapids, Fergus Falls and Detroit
A large group of these are young college students.Lakes.
-4-
principally from church oriented schools.About 20 older
people are hired in the area.This has gone on for over 60
years.
Many other resorts on Pelican Lake have closed, Wagner
Beach, Gontarek's, Follywood Point, Campers Point,
remaining offer little employment.
The few
Fair Hills employs close
to 100 people every year, has paid their taxes at all times.
patrols their own waters, and mows the ditches alongside the
road.
Fair Hills has what they feel is the finest sewage
system on any lake in Otter Tail County.Remodeling that has
been done properly on the premises in this matter in a.11
respects.
Although the name of this resort is in a corporation.
the Kaldahl family, David Kaldahl and his wife Barbara
Kaldahl,as well as their children, all work side by side
with their employees all summer at this resort.David
Kaldahl has been president of the Minnesota Resort
Association and president of the Detroit Lakes Resort
Association.Son Steve Kaldahl is now a member of the Board
of the Minnesota Resort Association, and Barbara Kaldahl is a
board member of the West Central Initiave Fund.They are
active in promoting this area through the Otter Tail County
Tourism Association, the Pelican Rapids Chamber, the Verges
Commercial Club, the Northwest Minnesota Resort Association
-5-
and the Minnesota Resort Association. The Kaldahl feunlly has
made major gifts to Concordia College of Moorhead, Minnesota,
Lake Franklin Lutheran Church, Oak Grove Lutheran High
School, as well as The First Lutheran Church in Detroit
The Judy Siegle Benefit was entirely organized and
put on by the Fair Hills Staff and Management.
The Planning Commission recommends the granting of the
Continual Use Permit in this matter.
Lakes.
RCH;jt
jt88116.2
-6-
APPLICATION OF DAVID KALDAHL ON BEHALF
OF FAIR HILLS, INC. FOR CONDITIONAL USE PERMIT TO CHANGE THE USE OF LOTS
40. 41 AND PART OF 42 OF MINNIE BARRIE
ADDITION TO KILLARNEY BEACH ON PELICAN LAKE IN SECTION 4 OF DUNN TOWNSHIP OF OTTER TAIL COUNTY
The Otter Tail County Planning Commission held a public hearing regarding
the application for a conditional use permit of David Kaldahl on behalf of Fair
Hills, Inc. on May 4, 1988. Following comments by the applicant, his
representatives and representatives of those Individuals opposed to the
application, the Commission voted to recommend to the Otter Tail County Board of
Commissioners that the application be approved with specific modifications and
conditions which are described above in the minutes of that meeting. This
action Is based upon the following findings: ^
FINDINGS OF FACT
I.
The applicant Fair Hills, Inc. Is a corporation. David H. Kaldahl is its
president and his son, Steven Kaldahl, is its secretary-treasurer. The
corporation owns and operates Fair Hills Resort which Is located on Lots 23
through 39 of Minnie Barrie Addition to Klllarney Beach on Pelican Lake and on
adjacent unplatted lands located north of Killarney Beach in Section 4 of Dunn
Township of Otter Tall County. The corporation also owns adjacent land in
Becker County, located across County Highway #20.
II.
Killarney Beach and Minnie Barrie's Addition to Killarney Beach were platted
in 1902 and 1907respectively. Killarney Beach consists of 31 lots, numbered 1
to 31. Each lot Is about 66 feet long along the north shore of Pelican Lake and
132 feet deep. Minnie Barrie's Addition to Killarney Beach consists of 55 lots,
of which 1 to 31 are back lots or additions to Lots 1 to 31, increasing the
depth of those lots by about 66 feet, so that the dimensions of lots In both
plats are about 66 feet along the shore and about 200 feet In depth. A public
street 33 feet wide is platted along the rear boundary of all 55 lots, but It Is
closed at or near the east and west boundaries of the resort. The subdivision
of Sunlight Hills adjoins Lot 55 of Klllarney Beach and extends to the east
along the shore of the lake. These lots In Klllarney Beach and Sunlight Hills
are located in a bay or cove along the north shore of Pelican Lake.
III.
The main Fair Hills Resort consists of a three-story lakefront building with
a snack bar, lounge, and a large meeting room, and other separate buildings
housing a kitchen, a dining room or restaurant seating 250 persons, lodging In
94 units which vary in size from one to four bedrooms each, additional housing
for the seasonal and other staff, and the Kaldahl's personal residence. The
resort has approximately six tennis courts and a nine-hold golf course. In
addition to its lakefront activities, an outdoor pool, an Indoor recreation
room, and other activities. There are approximately 70 separate buildings on
the resort property.
IV.
Fair Hills, Inc. applies each year for a license for a food, beverage and
lodging establishment to the Otter Tall County Department of Public Health,
It Indicated on the application that It
operates a restaurant seating 250, and a resort with 94 units and 62 employees.
Division of Environmental Health.
V.
The shoreline of Pelican Lake has been extensively subdivided and developed
It is due to Its large size and
character, its natural high water quality. Its attractive, scenic setting In
for both seasonal and year around residences.
-2-
hilly, wooded terrain and the ease of access and proximity to a major population
center in Fargo-Moorhead, as well as its proximity to other resort and
recreational attractions in the Pelican Rapids to Detroit Lakes area.
VI.
Except for Lots 23 through 39 owned by Fair Hills, Inc. and operated as part
of its resort before the effective date of the Otter Tail County Shoreland
Management Ordinance, all of the lots in Killarney Beach and Minnie Barrie's
Addition to Killarney Beach, and in Sunlight Hills Addition are zoned for use
for residential purposes, i.e. single family homes, and not for any commercial
purpose.
VII.
Lots 40, 41 and part of 42 of Minnie Barrie's Addition to Killarney Beach
were held in common ownership prior to conveyance to Fair Hills, Inc. On the
subject property, as it will be referred to in the balance of these findings, is
located a cabin formerly used as a single-family residence, and a garage.
VIII.
The sewage treatment system servicing the subject property is adequate to
handle six dwelling units. This system has been installed within the previous
year, pursuant to Sewage System Permit #6684, issued to Fair Hills, Inc.
IX.
There are currently 135 parking spots at Fair Hills Resort. A requirement
of six parking spaces on the subject property to service six dwelling units will /zcrr^u^
provide adequate parking.
X.
Access to the subject property is currently made along the dedicated public
road running behind the residential lots located to the east of the subject
The use of this road by the tenants in six or more dwelling units onproperty.
-3-
the subject property for vehicles and golf carts being driven from the nearby
golf course creates a traffic hazard and noise problem for the neighboring
residents. These hazards and problems can be alleviated by requiring that the
public road be barricaded at the lot line between Lots 42 and 43 of Minnie
Barrie's Addition and requiring that access to the subject property be provided
through the current resort property. The portion of the public road running
through the resort, but no longer accessible to the public, shall be vacated.
XI.
The level of noise created by the proposed change In use of the subject
property will not be significantly Increased over the current noise from the
A condition that no dock be allowed In the water along the 132 feet of
lakeshore on the subject property will provide an additional 132 feet of buffer
zone along the beach area.
resort.
This will also reduce any potential of hazards.to
neighboring residents from lakeshore activity at the resort.
XII.
The location of buildings currently on the subject property allow for a
buffer zone of 21.6 feet from the dwelling to the easterly lot line and five
feet from the garage to that lot line. The requirement of removal of the garage
from the property as a condition of the change In use will limit the dwelling
units on this property to sjx and provide a minimum of 21.6 feet of buffer zone.
Since nearly all the recreational activity will take place on the former resort
property, this buffer zone should be adequate.
XIII.
The commercial use of this property will not ghange the hours of operation
of the resort business. These hours, with closing of facilities at 11:00 p.ni.,
will not have a negative impact on the neighbors.
-4-
XIV.
No change in the lighting which existed at the time of the residential use
This lighting is adequate for the use intended.is planned.
XV.
Fair Hills Resort is presently located on 2,618,131 square feet of property
with 1,122 feet of lake frontage. The subject property would add 30,096 square
feet of area and 132 feet of lake frontage. Applying the minimum standards of
the current Otter Tail County Shoreland Management Ordinance for cluster
developments on a general development lake, the area of the resort would
accommodate 198.6 dwelling units. The lake frontage is adequate for 50 dwelling
units. The past practice of this Commission has been to consider the average of
these two figures derived from the minimum requirements in arriving at a
reasonable number of units for the property. When applied to Fair Hills Resort,
with the proposed addition, the average number would be 124 dwelling units. The
total of dwelling units on the resort, including rental, staff and owner's
residence, is 113.
XVI.
The crowding potential impact of this change In use and expansion of the
resort, is reduced by the fact that this resort generates less lake oriented I
activity than most cluster developments, due to the fact that It has a swimming
pool, golf course, tennis courts, game room and other activities for Its guests.
XVII.
Fair Hills Resort is licensed by the Otter Tail County Department of Health
The resort, with the ‘proposed expansion on theto operate 94 rental units,
subject property, would have 94 rental units.
-5-
XVIII.
The environmental Impact of the proposed change In use will not be
significant.
XVIV.
The change In use of the subject property Is compatible with the surrounding
area because the commercial and residential uses have existed side by side for
many years, even before the Zoning Ordinance was adopted.
XX.
The crowding potential for Pelican Lake, as defined by the Shoreland
Management Ordinance, is 67 on a scale of 1 to 100. This proposed change In use
of subject property will have negligible Impact on the crowding of the lake.
XXI.
The subject property is located Immediately adjacent to the Fair Hlll^
Resort. This location is compatible with the proposed change In use. This
change will not have a negative Impact on the density of the area.
XXII.
There is no change In the natural topography proposed In conjunction with
this change in use. If any change Is required by the condition of providing
access to the property from the resort, this change will be minimal and will not
negatively affect the lake or environment,
XXIII.
The concern of neighboring landowners that the resort will continue to
expand along the shoreline by purchasing additional residences was carefully
noted by the Commission. Those concerns can only be addressed by this
Commission as any additional properties are proposed for a change In use from
residential to commercial. The Commission has no authority to restrict private
landowners from selling their residential property to Fair Hills, Inc., nor to
-6-
»
restrict Fair Hills from purchasing such property. Any changes in use or other
alterations requiring conditional use permits must come before this Commission
and the Otter Tail County Board of Commissioners for approval.
OHER TAIL COUNTY PLANNING COMMISSION
%
Chairman
-7-
I
Fair Hills Square Footage, and lake frontage 1988
Lots 23 thry 39., 17 lots 66* wide *• 1122 front feet
lots 40 and 41 66* each 132
Total 1254 feet of lakefront
Lots 23 thru 39
34 acres@ 43,560
20 acres Becker Co -1,746,931 square feet Ottertail Co,
871,200
2,618,131
30,096
2,648,227
" " Becker Co.
square feet Fair Hillstotalsquare feet of lot 40,41,part 42-
Total
Fair Hills has been licensed for 93 94 units the past three years.
Using page six of the zoning rules for Ottertail Co. 1. Lot size for
General Development lakes
be able to have 198 units.13,333 sq. ft. means that Fair Hills should ^,
Using lake frontage, of 25 feet per dwelling unit, means 50 units. Using the averaging method between 198 and 50.
Fair Hills has the right to be zoned for 124 units, according to the Otter
tail zoning regulations.
met as outlined on page 5 of the zoning rules,
later.
• • •
This is assuming that other restrictJ.ons areI will get in^o that
Also, on page 4 of the zoning rules, it refers to "dwelling unit" In the
past ten years or more Fair Hills has divided up some of the larger cabins
so that they have two outside entrances and can be separated by double
inside doors. Counting Individual, cabins, Fair Hills has 53 for rent,
with 12 more in a tWo story motel, and 4 more in a 4 unit motel, making
a total of 69 "dwelling units". We have found the flexibility is nicej
but the usu'^ practice thru out the summer is to rent these double units
to just one family. The same as true of the large house on lots 40,41
and 42. Even though it has all these nximbers in the 90's, in actual
practice in 1987 it was rented from June 17th to Sept 7th to only families
These families occupied the entire house.
History of lots 40,41 and part of 42 - Killarney Beach
Present building built in 1939 by Rudy Cole, garage added in '50's.
Purchased from Rudy Cole Estate in 1965 by Bob & Jean Cherry.
Cement block garage in back was converted to sleeping room late 60's.
Purchased in 1978 from Jean Cherry by Doug Jahnke... some remodeling
posts with lights, and decking in front of
carpeted cement block garage, and
Used the remodeled garage as an office and storage for
on outside by Jahnke
two bedrooms closest to lake
• • •
• • • •
paneled it.
antique guns.
*
Sold in 1985 to Fair Hills.Fair Hills remodeled a storage room (now
listed as #94) . This consisted of carpeting, paneling and a new slid
ing glass door.A bathroom was added to this unit, and plumbing was
connected to existing pumper station.Approved sewage system was
previously prior to 1985 for 6 persons. • Drainfield for this system
is over 200 feet from lake,
of 7 people that would use this system,
the cabin was extended 5 feet, a bath was added in this addtion, and
Addition of this bedroom made a total
Secondly, the west end of
the flat roof that leaked was made into a roof with the seune pitch
as the rest of the cabin.No permit for the addition was appMd for,
as it was less than 100 square feet ( see page 4, ordinance section
VI Administration, 1. Site Permits, A. (third sentence) "No permit
is necessary if the total square footage of proposed structure is
less than 100 square feet." The addition was 90 square feet (5*.X18*),
The bath in this end (#90) was connected
Sewage line was
The former
so no permit was applied for.
to’^the pumping station located about 15' from #90.
T-eed to connect up to the other units the foiling year,
garage, sleeping quarters and now office were converted to two sleeping
units, and the sewage was run to two solid tanks 230 feet from the
These were also to be connected to the main pumping station
All these units are now connected to the main
lake.
the following year,
lift station^that pumps the sewage up under fairway #7.
This property was licensed ^y Ottertail County and used as rental
units for 3 years with not one complaint!
now than ever, as we have a regular check for dead fish, seaweed,
and <io this on a daily basis.
The lake shore is cleaner
other considerations
1. Fair Hills qualifies for a liquor license. We have never applied
for one. We are a family resort emphasizing wholesome family recreation.
We do not allow any late parties in cabins. We close our lobby at 11
pm. We havenever had to call any law enforcement officers for anything
2. Fair Hills is a major employer 6f local people. We hire Verges,
Pelican Rapids, Fergus Falls, Detroit Lakes young people, and about 20
more older people in the area. This has gone one the past 60 years.
Most other resorts on Pelican Lake have closed ( Wagner Beach, Gontarek's,
Follywood Point , Campers Point) with a few offering little in employment..
(El's Resort, Pelican Beach). With the ongoing effort by community people
thru out Ottertail County to attract more business thru tax concessions,, and grants, it certainly is ^lus for a county to have a non polluting
business that employees close to 100 people every year, pays their taxes,
patrols their waters, even mows their own ditches.
3. 'rne Kaldahl family is interested in our area.
We give over $3,000.00 to 1st Lutheran in D.L. each and every year.
$50,000.00 to Concordia in '86. This is a one time gift, duo to
an inheritance
The Judy Siegle Benefit in 1979, entirely organized and put on
by the Fair Hills staff and management. »
Lake Franklin Luth Church Organ Fund $200.00
Ken Miosek faunily appeal..$4' '.00 in 1987
Oak Grove Lutheran H.S.- $10,000.00 pledged, $6,000.00 paid so far.
4. Tne Kaldahl family is active locally and statewide for the good
of this area.
David Kaldahl Pres, of Mn Resort Ass'n and Pres, of D.L. Resort
Assn.Steve Kaldahl - member of the. board currently Mn Resort Ass'n
Barbara Kaldahl - board member West Central Initiave Fund.
5. Active in promoting this area
Ottertail Co. Tourism Ass'n
Pelican Rapids Chamber
Verges Commercial Club
NW Minn. Resort Ass'n
Minn. Resort Ass'n
stale and local regulations and laws, taking into consideratiorTTfie
foMowing;
(1) Adequate parking and traffic control.
(2) Amount of noise generated.
(3) Hours of business if applicable.
(4) Lighting.
(5) Adequate lot size for the business.
(6) Environmental impact.
(7) Any hazards that may be created.
(8) Compatability with the surrounding
;9) Crowding potential as defined in this Ordinance.
(10) Density and location of development.
(11) Minimum change in the natural topography necessary to
allow for authorized uses.
0/^ P'
area.
1. There is parking for two cars on a concrete pad at the back of the
lot. In addition, there is parkingin back of cabin 59..see map. This
is one area that I have considered enlarging. There are two minor drawback'*' s...First the force pump line for the drainfield on fairway 7 goes thru
this area, and some huge pines are in this area. When there were more
than two cars for these units, the problem was resolved by having the
cars park on the grass in back of the cabin.
2. noise. My immediate neighbor to the east will agree that we control
any noise much better than the previous owner. We have always had a hands
on management , and just will not allow any late noise.
They are normal with lake life.3. Hours of business,
sional early fisherman, but very seldom anyone up after 11 pm
There is an occas-
4. Lighting..there is a large farm light, as well as lights on pillars.
5. Adequate lot size. This was covered previously, and my figures show
that Fair Hills could be zoned for 124 dwelling units.
6. Envirnmental impact,
cottage.
Nothing will change, it will still bo a lake
Because the cabin is not changing.8. Compatability with surrounding area,
it will be the seime as it always has been in the past.
already covered in line 5.9. Crowding • • •
10. covered in line 5
I'll be happy to do so for parkingNone so far.11. change in topography,
if other residents want me to.
HANSON’S Plumbing <S HeatingmtPelican Rapids. MN 56572
(218) 863-2422
Vergas, MN 56587
(218)342-242212-6-88
DAVE KALDAHL
FAIRHILLS RESORT
PELICAN LAKE
DETROIT LAKES, MN 56501
DAVE,
I HAVE COMPILED A SyMMARY OF THE SEPTIC SYSTEM WORK
THAT HAS BEEN DONE IN THE LAST COUPLE YEARS AT FAIRHILLS.
PHASE 1;
THIS SYSTEM CONSISTS OF 4500 GALLONS OF SEPTlt TANK
CAPACITY, 3930 SQUARE FEET DRAIN FIELD, AND A LIFT
STATION PUMP.THIS SYSTEM IS FOR CABINS 1-12, THE
THE SYSTEM
THIS SYSTEM WAS INSTALLED
RANCH HOUSE, AND ONE SIDE OF THE LODGE.
IS DESIGNED FOR 30 BEDROOMS.
UNDER SITE PERMIT # 6176 AND WAS COMPLETED IN MAY
1985.
$ 9,657.00TOTAL COST
PHASE 2;
THIS SYSTEM CONSISTS OF 9000 GALLONS OF SEPTIC TANK
CAPACITY, 8000 SQUARE FEET DRAIN FIELD, AND A LIFT
STATION PUMP.
92, AND THE REST OF THE LODGE.
FOR 65 BEDROOMS.
SEPARATE SYSTEM FOR THE KITCHEN.
INSTALLED UNDER SITE PERMIT # 6684 AND COMPLETED IN
NOVEMBER 1985.
THIS SYSTEM IS FOR CABINS 27-59, 91,
THE SYSTEM IS DESIGNED
ALSO INCLUDED IN THIS PHASE WAS A
THIS SYSTEM WAS
$25,508.00TOTAL COST
PHASE 3;
THIS SYSTEM CONSISTS OF 16100 GALLONS OF SEPTIC TANK
CAPACITY, 9500 SQUARE FEET DRAIN FIELD.
IS FOR CABINS 14-26, 60-80, FISH CLEANING HOUSE, AND
THE LAUNDRIES.
AND THE LAUNDRY.
SITE PERMIT7559 AND WILL BE COMPLETED IN THE SPRING
OF 1988.
THIS SYSTEM n *
THIS SYSTEM IS DESIGNED FOR 75 BEDROOMS
THIS SYSTEM WAS INSTALLED UNDER
• $38,725.00TOTAL COST
(1)
f
t HANSPN'S Plumbing & Heating
mm Pelican Rapids. MN 56572
(218) 863-2422
Vergas, MN 56587
(218) 342-2422
REVIEW OF CHERRY PROPERTY;
THIS SYSTEM CONSISTS OF 900 GALLONS OF SEPTIC TANK
CAPACITY, AND 300 SQUARE FEET OF DRAIN FIELD.
SYSTEM IS FOR CABINS 93, 94, AND 95.
CERTIFIED FOR 3 BEDROOMS.
SITE PERMIT # 384 AND COMPLETED IN SEPTEMBER 1972.
THIS
THIS SYSTEM WAS
IT WAS INSTALLED UNDER
IF THIS PROPERTY WERE TO HAVE MORE BEDROOMS THAN THE
SYSTEM IS CERTIFIED FOR WE COULD ADD UP TO 7 BEDROOMS
TO THE SYSTEM FOR CABINS 27-59 WITHOUT INCREASING ITS
SIZE.
IN A RECENT CONVERSATION I HAD WITH TIM GRIEP, ONE OF THE
COUNTY SEWER INSPECTORS, I WAS TOLD THAT THERE ARE
APPROXIMATELY 30 SYSTEM LEFT OUT OF 500 ON PELICAN LAKE TO
BE UPDATED AND 50 TO 70% OF ALL THE SYSTEMS IN THE COUNTY
LEFT TO BE UPDATED.
YEAR BUT, THEIR FUNDING IS BEING CUT BACK AND HE FELT THAT
IT WOULD TAKE SEVERAL YEARS BEFORE THE MAJORITY OF THE HOMES
IN OTTERTAIL COUNTY WOULD BE UP TO TODAYS CODES.
THEY EXPECT TO WORK ON ^ TO 1 LAKE PER *
SO AS YOU CAN SEE, FAIRHILLS IS AHEAD OF THE REST OF THE
COUNTY IN BRINGING OUR SEPTIC SYSTEMS UP TO DATE.
SINC Y,
HANSON'S PLUMBING AND HEATING
ROBIN HANSON
i
?
--/X
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF OTTER TAIL SEVENTH JUDICIAL DISTRICT
Court File No. C7-88-000934 '
Othet Civil
Fair Hills, Inc
Minnesota corporation.. , a Petitioner,
vs.
The County of Otter Tail, a
municipal corporation.Respondent.
AFFIDAVIT I
)STATE OF
t .) ss «l
V. ■ ■COUNTY OF )1 I
>-
Warren Diederich and Irene Diederich, being duly sworn,
hereby state as follows; *
We own property on Pelican Point, Pelican Lake, in Otter
Tail County, west of Fair Hills Resort,
We are aware of the application of Fair Hills Resort to
have the so-called blue house, at the east vend of €heir'“
resort, zoned commercial. We understand it was inadvertently
rented commerically for approximately three years before
;
•»
■
\r
1988 .
We have no objection to having this property zoned
commercial and being rented by the resort. We do believe it
would be proper and a good idea to close the road in the
resort at the east boundary of the resbrt.
In the three years that the property was used
commercially, we did not notice any more noise from this
property than would ordinarily result from one family using
said property. The Fair Hills management does an excellent
■T
job in handling those who rent at the resort and there really
is no noise problem or any other significant problem around
the lake from the people, in the summer, who stay at Fair
I
Hills Resort.
The use of the blue house as rental property did not
result in any noticeable increase or decrease in lake traffic
or any other use of Pelican Lake
Subscribed and sworn to before me
this day of January, 1989.
Notary Public
DIANA S. HOVELLNotary Public, STATE OF NORTH DAKOTA
My Commission Expires JULY 16,1991
Subscribed and sworn to before me
this day of January, 1988.
Notary Public
DIANA S. HOVELL
Notary Public, STATE OF NORTH DAKOTA
My Commission Expires JULY 16,1991jt89009.6/11
•■i <• .
,
-2-
i
V PLANNING COMMISSION
XI.
The level of noise created by the proposed change in use of the subject
property will not be significantly Increased over the current noise from the
resort. A condition that no dock be allowed in the water along the 132 feet of
lakeshore on the subject property will provide an additional 132 feet of buffer
zone along the beach area. This will also reduce any potential of hazards to
neighboring residents from lakeshore activity at the resort.
Changed by County Conunissionerf
XII.
The location of buildings currently on the subject property allow for a
buffer zone of 21.6 feet from the dwelling to the easterly lot line and five
feet from the garage to that lot line.The requirement of removal of the garage
from the property as a condition of the change in use will limit the dwelling
units on this property to six and provide a minimum of 21.6 feet of buffer zone.
nearly all the recreational activity will take place on the former resort
property, this buffer zone should be adequate.
Since
-----------------------------------------------------------------------------------------^ ' ............................................... — — -I — .................................. !■ ^ ■ ».l- .11.,.^^
Variances for less than 50 feet have already been
granted Fair Hills ( on May 3rd, 1984, and Nov.
1st, 1985) for building less than 50 feet from
the shoreline. Minutes of those planning conunissio
n meetings ar.e available at the courthouse in
Fergus Falls, So Fair Hills has already been
granted variances twice for building in a 50 '
buffer zone.
Besides these two variances, Ottertail Co. has
granted various other variance^. They are:
/,
A
L
/
<0 n .
VARIANCE FROM 50 foot BUFFER ZONE
The other variance investigated was Hidden Haven, again on the west
end of Rush Lake, a short distance north of Shady Grove,
I talked to the owner, and he had not followed up.on doing anything
that he had applied for. This should not make any difference, as long
as he has the permit, it can be done anytime.
I had applied for a permit to build six buildings in 1973 at Fair Hills,
Because of the purchase of Lake Five, I didn't have the,funds available
to build at Fair Hills at the time,
sioners in
as valid today as it was in '73.
This was passed by the County Commis
Malcolm Lee has assured me that this permit is just73.
I think it should be pointed out again that the buffer in 1971 from
By thea Fair Hills cabin to the property line was about 3 feet,
purchase of this property, the buffer zone has increased to 21'6".
vMKXAivjct; FROM 50 foot BUFFER ZONE
■A. A
[ • r ..[iji
T/*,
!>•it
. T.
4
ii
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These three pictures show,Shady
Grove Resort, west side of Rush Lake
Ottertail Co. This re'Bort changed
from commercial (a resort)in 1985
to condominiums, and ^hen changed
back to a resort again. Approval was given by the County Board of^
Commissioners each time, with no'
suggested changes in setting up a
50 foot buffer zone. • As you can see
from the pictures, this line of
cabins is backed right up to the
property line, and are less than
10 feet from adjoining private
residential property. Pictures
were taken 1/18/89
t
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, LAKE
BATTLE
LAKE
i ON RUSH LAKEiI/s 94 US. 10j
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11
.j Shady Grove Resort is
) located on the west side
ol scenic Rush Lake, sixI i'* A ^CT m if>
5JjglC £|EF_g^
3*3^GRID PLOT PLAN SKETCHING FORfeet/iwhesSc.iio: Each grid equals
19Dnu:d:_. >
________________________________________________PM}(tse sketch your lot indicating setbacks from road right of-way, lake and sideyard for each building curf fntly
y^n'iot and any proposed structures.
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\SHORELAND MANAGEMENT
OTTER TAIL COUNTY
Fergus Falls, Minnesota 56537
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
APPLICANT MUST BE PRESENT AT HEARING
Voaa H-ilJU) Rojicifit ,
Vdv^d H. : Kcildakl
Boy.: 6
Vztnolt Laku, MW 56501
TO WHOM IT MAY CONCERN;
has made application to the Otter Tail County Planning Commission for a Conditional Use Permit as
per requirements of the Otter Tail.County Shoreland Management Ordinance. The Otter Tail County
Ocf-obeA 4p 19 89Planning Commission will assemble for this hearing on
TiQO P.M Place CommCi^foneA'i Room, CouAt HoLU>e, Fergus Falls, Minnesota.Time.
This notice is to advise you that you may attend the above hearing and express your views on the
Conditional Use requested.
The property concerned in the application is legally described as:
Range 424137 VannLake No. 56-786 Sec.Twp. Name.Twp.
Pztican Lake.Class GD 6142Fire No.Lake Name:.
Loti, 40, 41, and pant o^ 42
llLnntd BaAAy’i, Addition to K.iII.an.ne.y Be.ach
THE CONDITIONAL USE REQUESTED IS:
See attac.ko.d i,hQ.dtA, ca, 6ubmitte.d by applicant,
Cectt Fmtinq ■. SzptmboA 15, 19S9Dated.
Otter Tail County Planning Commission Chm:
MKL -0871-011
By:.
i 2219101®
VICTOR LUNOEEN & CO.. PRINTERB, FERGUS FALLS, MINN.
■» «'
Conditional Use permit
Fair Hills Resort would like to rezone lots 40,41 and part of 42 to
the Minnie Barry addition to Killarney Beach... located on the north
shore of Pelican Lake in Dunn Township.... from residental to commercial.
We would like the Zoning Board to consider the following four
options.
Block off the township road located1. Change to commercial use asy
198' from lake at Fair Hills-Gibb property line
2. Have the east end of the larger blue house occupied by the Kaldahl
See circled 1 and 2.Traffic to Kaldahl
Parking for blue
family only, or be vacant,
portion would be limited to Kaldahl vehicles only.
house would be back of #59...see map, page 2.
3. Demolish east end of large blue house...see circled 1 and 2 on page
1....SO there would be 45'6" of vacant land buffer on the lake side
of the house and 49'3" of vacant buffer land on the back (away from
the lake ) side of the house,
be limited to Kaldahl vehicles only,
in back of cabin #59.
4. follow proposal #3, and also tear down the blue block house,
off township road at Fair Hills-Gibb property line,
would prefer this block house left for pretcction from wind.
5 for letter from them about this.
Traffic to Kaldahl "block House would
Guest vehicles would again park
Block
neigh^r
See p^C/>,.
%
On any of the above four proposals, David and Barbara Kaldahl would
move back into their home located on the west side of Fair Hills...see
Nearest
map...If proposal 2 were adopted, Steve Kaldahl would continue living
in the east end of the blue house, as he has for the summers of
Beth (Kaldahl) Schupp and family would continue to 4^6e the
If proposal
88
and '89 .
block house for visits as the/ did for the summer of
3 were adopted, Steve Kaldahl would probably live in the blue block
house.
89.
The part of the blue house now occupied by David and Barbara Kaldahl
has 1580 sq.ft of floor space (outside dimensions),
the west side of the resort has 2220 sq. ft of space (outside dimensions
This home has been rented for the past two summers..('88 and '89)
Any of the above proposals would result in less rentable floor space
by Fair Hills
More information on meeting zoning requirements to follow.
Their home on
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OTTERTAIL CO.
3986 acres
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PRODUCT OF 0.0.1. 59«0 MADISON AVE. WEST. MPLS.. MN SS427& CoS ^ til
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mU/t,GibblESONSJNC^P. 0. BOX 1500 T- 282-5900Di
MECHANICAL AND MUNICIPAL CONTRACTORS
205 40th Street SW
FARGO, NORTH DAKOTA 58107
October 4, 1988
To Whom it May Concern:
We have been real happy having the family residence of David and Barb Kahldal
next door this summer, it was very pleasant.
We understand that the Court would like to know our feelings on whether or not
we mind if the blue guest house is on the line in the back. We do not. Whether
the family residence is made or used commicially, we would prefer it to stay as a
family residence.
However, after talking to our daughters and our attorny we do not feel it to
our best advantage in the future to give a 10' lease to the resort. We are too old
to look ahead 20 years down the way and feel that if we wanted to sell we would be
hampered by this lease.
The}' have been good neighbors and when it was used commicially they didn't
give us any trouble.The road should be ended at the west side of our lot line or
the east side of their lot line.The beach families do not want the traffic from
all the resort people.
Yours truly.
George and Lorraine Gibb