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Home My WebLink AboutFrank's Lodge & Campground_56000090057000_Memos,Correspondences, File Notes_V ^ LpCCX i-& FILE MEMO PROPERTY OWNER (CaS^iver/wetland name Syyi^ - S^s) ^(m £>00 OOSl OcoPARCEL # SL00OO^Oa<1C£^I @uj 13/11Date L&R Official ^UJ F4^^il fl£.fiLA^i^/n£»>y' £>F OfjJiT ______ ^Hp^L/i iJ/r /f ^uct iT T%££ "f THe p(^pfipj££j!) FT ^ pF 7N£ a/SU n\H is iSXS T^s /f ^ufi i4iJl£^ The fOStJ Action/Comments. ^ HM ^ // TW/fft/ 7TA5 d.»et?MT /Hl4 /AezjL< pfrjrr^ n ot/p^tji ^jE&afp^ t4tJiT l£ LyfA.CCA. C TV/tiJ THb S)U£Ti*/<r i/fJfrf<dScjL Date L&R Official Action/Comments. Date L&R Official Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. ! i L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. Tax Parcel Number(s) i5cale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic j, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the .pervious Surface Calculation (see back). r ■ Scale i K>f i. nVc.vt/ffft f ! I « .... f r.^'75 ■’ 0 - tp [ /Z X f r <L:f>C. r— ----------------------------——I — ^'7.' ti> ' r p uI *2. yttif n M^:v l^v “*X3 C ; V- jr y.'% /w' j/’* ai1 Ijytxfim *■- i & FILE MEMO PROPERTY OWNER (^^RIVER/WETLAND NAME ^T)^L ^ ^COO^ filial PARCEL # Slo Ptt> £>PS^^\ jiL Action/Comments I^ET THS rAAP\Li /^C ■ ____ uPiTH,^ 7n£ yaj^u; ha<£a ( - uJi>^t^ $L Fi/^/^TVAuJI Ac fjp^LAt£i^ - V afi 7h^ ^rJ^rs KHigg-r 1US jO£AfJin<JtJ of f(c^ ^ As<r Pg-^ f^U. />/• TVc /Jl sT/;^ <L£>^s/dtTA.U 4«v^t5 77/g >s^<Hg \ <LHAt^C5 /iJ ^ ^lOEL ^ Dll TYPzf ‘^A//r__ (_ A PpL^C^tt^S. 7^ /♦ Date L&R Official ^/r£^ b&R OfReinlf54£>v/.ogo CPf^CtTlO'JX AAjB r^eT 7 Action/Comments______________________. jf^LA£) ^TH-rS SThTUTS /rL4(J^ /Ic: /^c/^iytOSmi^'r siKi^iyu AF. rA^EcTiJc h ^j)tS /^.^, n^/^) - Tyss UJtLL Ct^^<L£ 71/gt*L ^CAlacc^h^T U>>iTH TUir I^U j A.OJ O^rJcAJ. f <o6T 2&<jL 72) _____________________ «<«# Date L&R Official Action/Comments. ‘ I L&R OfficialDate i Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. I, » • & FILE MEMO & 1 PARCEL# LAKE OR RIVER NAME & NO. ♦ ♦ ♦ ♦ ♦♦ ♦,♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦ ♦♦ ♦\ iml>ate L&R Official , Vction/Comments..^^_____ . ftH (Sfep^'c-^ j fyu*^ 4K5^«^ ^p. 0 llli^ 7^ ^<1( L&R Official•ate. . ction/Comments. i i !, ate L&R Official ±ion/Comments. •: f Marsha Bowman - Frank's Lodge Page 1 From:Marsha Bowman beajflmn@earthlink.net 05/03/2010 1:15:23 pm Frank's Lodge To: Date: Subject; Bea O'Niell: As you requested, I am e-mailing information regarding our telephone discussion of this afternoon and your replacing a flat roof with a pitched roof of your mobile home at Frank's Lodge. As I stated in this telephone conversation, the property owner (owner of the resort) needs to be the Applicant when Applications are filed for projects at a cluster development (resort). A Conditional Use Permit is required to change the size (including changing a flat roof to a pitched roof) of a dwelling in a cluster development. The first step is for a pre-application meeting with the Administrator (bring some detailed information describing the project along to the meeting). Please note that it is best to call ahead and make an appointment. After this pre-application meeting, a Conditional Use Permit ($400.00 Fee) needs to be filed with the Land & Resource Office, if the Conditional Use Permit is approved a Site Permit is required prior to starting the project. The Application Cut-Off Date for filing Conditional Use Permit Applications for the June 9th Meeting is May 19th (12:00 Noon). As we discussed, you may want to check the County's Website for more details: www.co.otter-tail.mn.us If you have any additional questions, please contact our Office. Marsha Jo t 0 ^ fJ-«\ U ^^15 \ •‘Jf%I<*• , ■X' m ^ ■;,-W ,. *e ■- & 1 a» ■ ■ jSmK-4^ C f3) Uo^O f 6>f^ ________ 0/MwiVC___(2j^C£\^C0 f ^ l^r TiR t^O U^CTjfyt^AS ^ ^ as. Bi<4i^/f f* QoO.V*..............." t w^/lri IV'f^ 7 s 7, Vo2 u>/iT3 J.MJ4^irs r< 1,^ " 11.13 ^ II 3eA 'Tie4 ^31, )ifl fT*- fiM>^*zu<fA ' Hoi^ Pi /T* s;_«j fr* -i Ho,i>^ffr in, iS M^irx K.-.s-i’ =_jS»,2 ^ a /£?. /$ t^rJinS r-' is's Cu^tn4^^^ fhj, , iii 1)^ FT^ f F\^ jyij\r - lo,^$Lt^\rs If. a ^hl ^ a/ w^y)n5 5 th n<fA H‘ff J 25j rr^ - (,o^i>an^ /ew^fdw/r) = 3^^ , FT * 7 »^o ^oot^n^ j^JiT » K ^,0 - /f.v ^ /f T^TiHl Tidf2.wir^ I t C It' '3> c^>^)C^I. i) A // cA/ F M5/I Cso.\i)1‘! (p i GENERAL DEVELOPMENT !A B C D E F G TOTAL AREA AREA OF WETLANDS, ROAD R.O. W. AND BLUFFS #OF USABLE TIER REQUIRED LOT ALLOWED SIZE LOTS (C/D) MULTIPLIER UNITS (E*F)) #OF ALLOWED(SQUARE FEET) : TIER AREA (A-B) /5.48/ 7:42^ 10.15v^ 10.55)/ 9.70 8/109,610 296,949*^ 405,931 / 422,116/^ 388,025x7 20;000 40^000 40,000 40,000 40,000 40;000 40;000 40,000 TIER 1 TIER 2 TIERS TIER 4 TIER 5 TIER 6 TIER 7 TIER 8 109,610 304,912 431,110 454,158 448,352 0 1.5 11/ 20v-^ ji£5.3 21/* j 31. 1 19w^ I l , \ 3>7,963 25,179 32,042 60,327 1.5 2 2 2 0 0.00 2 0 0 0.00 2 0 0 0.00 2 0f- TQTAL AREA=1,748,142 40.13 : square feet acres 1,622,631 37.25 TOTAL LOTS= If( RECEIVED jUH 02 2009 LAND & RESOURCE Q;\2007\07-04s\F0704249\RESORT EXPANSION\CADD\5-28-09 REV 5\FRANKS_TIER AREAOPTION 2 ! Page 1 of 1OTC Parcel GISMO Output- NOT a Legal Document Otter Tail County Parcel GISMO 1 siUVL/4 3BL/4vm/i sni^4VSlf* 3S1/4/4 ! X•titai V ij i.i1 aim i irn/h Stl/imif* mif*»l/4ft \ f JI I Mllllkll»mi \ VBL/4 VEL/4 I MKL/4 ySL/4M?:fl/4 mu*I! I! J aiiiiikiiacm r- •■UtWIMIM /I^ } QQVI ii 1 A :COVE LOE 3XfT I 1 / aCaCBMOBD lABZ ;/\p/I '.A'.T xctATSc cxeaiia abbctibh/ /Ii. \1 i —490 ^et^rs-''' FOR REFERENCE USE ONLY-Copyright CC) 2009 Otter Tail County, MN -A I OOVO'^ ODO 5”i? oooo^ http://www.ottertailcounty.net/servlet/com.esri.esrimap.Esrimap?ServiceName=parcelsco... 06/03/2009 INTERSTATE ENGINEERING, INC. P.O. BOX 316 FERGUS FALLS, MINNESOTA 58538-0316 LETTER OF TRANSMITTAL DATE JOB NO, A;i1 b. I ATTENTION:(218) 739-5545 RE:X.) V o-v TO rv—^ WE ARE SENDING YOU _Shop drawings Prints _Copy of letter __Change order Attached __Under separate cover via _Samples the following items: _SpecificationsPlans Other COPIES NO.DATE DESCRIPTION I 3\ THESE ARE TRANSMITTED as check below; For approval [X. For your use _ As requested __For review and comment _ No Exceptions Taken _Make Corrections Noted Resubmit __copies of review __copies for distribution __corrected prints Submit Returned for corrections Return Other FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US REMARKS RECEIVED ■JON 0 2 2009 LAND & ncoounoE XCOPY TO SIGNED: .' 5 AlIf enclosures are not noted, kindly notify us at once. f A >« I% S 02" 04‘ 49“ 143.27'<NORTH QUARTER CORNER SECTION 9-135-41Jo II 35* 09" R=400.00' .y 227.49^90^^ f’* E- / L=m fio 'fl-J /O CO Q'V'-Z §\oCl 3o>i; mumh STREET BUCKHORi CmMPGROUND lOlglCRES soQUJ l!ccUJ £o>a>0 Q-^I I2<<Q1 oH 07“ 34' 43" E 156.22' <ozN 76* 05' 45" 187.71'O q3f,-j S 74'12’21" W ! i h~ A 86.23'8zO>- LU<01/0 > 0fcN 89* 15' 27" W 486.45' OC /QdNIO** 58' 32"E^T 125.23' < / // C^5QOO..j<iO C0^\ sTIERS ’'''268‘ FR0M4h0RE.line 448.352 S.F^ " 19 UNITS / .,c AOOO' sItb'Ack line . I I «s®ftgsiE.SJa'gg5p'—z£LL X•*Tl ,“-^24.15 o/\q S\iu#^ 1 o/ ■•"fc g: \HI!*) TIER 4 454,158 S.F. !II ■!\ 1SB21 UNITS IS ® 50 .£ ^ c tfj Jfl ® E e X ^ C @ - l“|l>5 S I ® Q 5 <si ^ J ^ uJ ^ ^ X a *» if ^ if iIzII./^ \11 I ITIERS 431,110 S.F. ;I!ma IC 3R.LEGEND I20 UNITS IFACILITY BOUNDARY TIER BOUNDARY 1000' SETBACK LINE WETLAND ----------APPROXIMATE SHORELINE aiil!^«i«KKt'ilMII l»«ii M W«i I rtx I TIER 2 I V J1 I r■'x NOOWWE 3t.26\ ||p|p«ii!lu«i'«p «R«I ift|ii|TIER1 109.610 SFlUfr. IMiPe-i — f FACILITY BOUNDARY .... J FRANK'S LODGEI (3IIuu' WM OT'WaWt 1. i '‘■w~ mmN0r42’5rE"^ 1S.75- N 78*13‘42* 90,57’IzS i6ri4'i(r m 42.52* received JUN 02 2008STAR LAKE (fi 'iLANDS RESOURCE X BOUNDARY SURVEY INFORMATION REFERENCED FROM AN UNOFFICIAL SURVEY PREPARED BY MEADOWLAND SURVEYING. INTERSTATE ENGINEERING HAS NOT PROVIDED ANY LAND SURVEYING FOR THIS FACILITY. DRAWING IS FOR PERMIT COMPLIANCE ONLY. i GRAPHIC sme 8^12009 \ GENERAL DEVELOPMENT A B C D E F G TOTAL AREA AREA OF WETLANDS, ROAD R.O. W. AND BLUFFS #OF USABLE TIER REQUIRED LOT ALLOWED LOTS (C/D) #OF j ALLOWED i MULTIPLIER UNITS (E*F)) j (SQUARE FEET) TIER AREA (A-B)SIZE TIER 1 TIER 2 TIERS TIER 4 TIERS TIERS TIER? TIERS 109,610 304,912 431,110 454,158 448,352 0 109,610 296,949 405,931 422,116 388,025 20,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 5.48 1.5 8 7,963 25,179 32,042 60,327 7.42 1.5 11 10.15 10.55 2 20 2 21 9.70 2 19 0 0.00 2 0 0 0.00 2 0 0 0.00 2 0 TOTAL AREA=1,748,142 40.13 1,622,631 37.25 square feet acres TOTAL LOTS=80.16*I RECEIVED jUNO2 2009 LAND & RESOURCE Q:\2007\07-04s\F0704249\RESORT EXPANSION\CADD\5-28-09 REV 5\FRANKS TIER AREAOPTION 2 LoO€£ C Pc(L (ieci\^£cf)(^A Calci4 I^T Tit/l !^1^UO /T^-r - S'.H yiJM A /y^ - S.l ^ci) ^r4C T\e^ 2c>^ ^ /T^ -f - y.Lu^uS 7/i. ^^irz )< /yS' •= //. 4 l\__i4r^\TS 2u TiiO. 43i ^ IIOfT^ 7 H£>^^ ^ /O* ^tfr^uS io,t i^JiTs ^ a.o - ^ pa ^A//rr 6>) Htx riM litrr*-: 4»^we yT7^^,r * //, ^wyiri II < 4 Mjits > *■ ~6')P3 'f4g-| 3^J fr’'^ Ho^MA^juf/ir - ;;,p u,yir3 li.JiJJiri X P,^> - V ~ i^j uy/rjf O'?)■pTHL * ? 4- UJiTLfi^JiS V JOHNSTON LAW OFFICE, P.A.EASTON PLACE 510 22'*' Avenue East, Suite 101 P.O. Box 1218 Alexandria, Minnesota 56308 * * * Attorneys at Law Telephone: 320-762-8814 Fax: 320-762-9111 E-Mail: iolinslon a ioliiislonlaworr.com Scott T. Johnston* Kelly L. Jenzen icn/en ci iohiisionlaxMirr.coiiiLegal Assistants: Lori A. Aaberg Alice A. Bosek Lindsey C. Bruzek Kimberly J. Pfeffer * MSBA Board Certified Real Property Specialist May 29, 2009 VIA EMAIL TRANSMISSION AND FIRST CLASS MAIL: bkalar aco.otter-tail.mn.us MR BILL KALAR OTTER TAIL COUNTY LAND AND RESOURCE MANAGEMENT GOVERNMENT SERVICES CENTER 540 FIR AVENUE WEST FERGUS FALLS MN 56537 Dear Mr. Kalar: John and Kathy Frank Our File No. 07-316A3KLJ RE: Per your request of Chris McConn at Interstate Engineering, enclosed please find a scaled drawing evidencing the facility boundary of Frank's Lodge & Campground (owned by Frank's Lodge & Campground, LLC) and the property owned by Buckhom Campground, LLC. The facility boundary of Frank's Lodge & Campground is pursuant to the 2003 CUP requiring "sufficient land area to allow for a maximum of 80 units". It is clear that there is no overlap between the facility boundary of Frank's Lodge & Campground and the property conveyed to Buckhom Campground, LLC. As such, I trust you will no longer be ordering the denial of various permits sought by Buckhom in its pending constmction as the attached drawing clearly shows that the conveyance of the real estate to Buckhom Campground, LLC, does not violate the 2003 CUP Permit issued for Frank's Lodge & Campground. Thank you. Sincerely, JOHNSTON LAW OFFICE, P.A. By KLJ/lcb Enclosure John and Kathy Frank Chris McCorm - Interstate Engineering cc: / V /V ^oi La 77/£ O^LCULAT\6ri^ TEL€{^\\C*i^p€A^ V' ^;i I ■ '5 cG £ & i § NIIIIiiiiQ5£Sis'i §I 5£u.£f !II I ifii fiinn J HUJ 5 tnuj 5az I ? ?UJ ^ i » »£vS'r»<«tr / S-/^7/ ^ Aifir WITH 7^; RiAtj\L^i ..L£>^<^€ Ptzofiasco S^tLii. _______________^yyyA<^floUfJV ____________________________________ ir LT^ IS m ....Jl-i^T 7^^ __ ___................................J2rj t ^€47:, ____SUA\/C^________t^€<£\^CQ i?r/ ^/'^l*lpf__ ____0\/C(l LAP,\Jp, ,dT^ £/L iX_ij7<;L<v^5 6^_^»v/ A^TH £>^f^^,tJCS l-^^XC±__g^Cs__Ci^>dC£4j}JS ^ LjH^ThSt i^/L iJ^rr CLuP'^ ^oiC jS /3^iW<r cya/ofiuLA ■Si^^£ aP, Th61 .W-L7># _ Ati^)__L^R£J^\14,, (DA. BMtti/d AjhAifijr/iMytUA-M___BCTUy^CL'i pfyAT <oF A^n<^£ ___THAT Tne_________________CAA^^rJG /m-1 /j<)r Bcc^fi-^rC C sPc^.trur^LL't th€___ OlSThilCJL__________S£nu££fJ ___Lii4£ __________ _____71/4> ^ ^ A^o TH sST^.__________ ^ , CHAiA__UJILL. T)9U<. TP___A P <^er 6AoL uj£ ui_ rJ^r tsss n-hsJT7>^m£ ^P Uf^TlL TH\S fTiATWL IS SATiSrA<LyZi4lL>f _____________________________________________________________ Part of the NE 1/4 of the NW 1/4 of Section 9, Township 135 North, Range 41 West, Otter Tail County, Minnesota -9-LA] S 02“ 04' 49" 143.27' <NORTH QUARTER CORNER SECTION 9-135-41Qi A=32“35' 09" R=400.00' T=227.4a;^03 O Buckhorn Campground, LLC Description That part of the Northeast Quarter of the Northwest Quarter of Section 9, Township 135 North, Range 41 West of the Fifth Principal Meridian, Otter Taii County, Minnesota described as follows: ^76° §P.O.B. V. £b r }33'V Commencing at a found iron monument at the North Quarter corner of said Section 9; thence South 02 degrees 04 minutes 49 seconds East on an assurned bearing along the east line of the Northeast Quarter of the Northwest Quarter of said Section 9 a distance of 143.27 feet to the point of beginning on the centerline of 390th Street, a public road; thence continuing South 02 degrees 04 minutes 49 seconds East along the east line of the Northeast Quarter of the Northwest Quarter of said Section 9 a distance of 601.26 feet; thence North 76 degrees 05 minutes 45 seconds West 187.71 feet; thence North 89 degrees 15 minutes 27 seconds West 486.45 feet; thence South 78 degrees 50 minutes 21 seconds West 320.57 feet; thence South 74 degrees 12 minutes 21 seconds West 86.23 feet to the centerline of a public road; thence North 10 degrees 58 minutes 32 seconds East along the centerline of said public road 125.23 feet; thence North 07 degrees 34 minutes 43 seconds East along the centerline of said public road 156.22 feet; thence North 09 degrees 45 minutes 41 seconds East ^ong the centerline of said public road 284.01 feet to the centerline of 390th Street, a public road; thence South 72 degrees 03 minutes 00 seconds cast along the centerline of said 390th Street 190.73 feet; thence continuing along the centerline of said 390th Street on a curve to the left having a radius of 400.00 feet and a central angle of 32 degrees 35 minutes 09 seconds for an arc length of 227.49 feet, said curve having a chord bearing of South 88 degrees 20 minutes 35 seconds East for 224.44 feet; thence North 75 degrees 21 minutes 51 seconds East along the centerline of said 390th Street 564.19 feet to the point of beginning. Containing 10.95 acres, more or less, subject to easements for public roads and other easements of sight or record, if any. q 390th STREET BUCKHORN CAMPGROUND 10.95 ACRES Sli LU o 0> N 07“ 34' 43" 156.22' <N 76” 05'45" W 187.71'oS 74° 12'21" W / 86.23' CCKN O W1N 89" 15' 27" W 486.45' «\N N 10° 58' 32" 125.23' < 1268' FROM SHORE LINEIfI B Ir 1057138iI OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # XU3 r Xoo was fiied/recorded in this office the a dav of .2009 at ~Z: am/jpffl WendjgC. R/ietc^ Cowty Reorder 1 X jy ^ -^7 Depurvnd rh q / recording fee ^ well certificate \i'^LU I/ A EAST LINE OF THE NE 1/4 NW 1/4 r1V. j:for recorid onLEGENDiOi)I I 4--tHIPROPERTY BOUNDARY -.•T\JJ^ooV'-SET No. 5 REBAR W/TH 1 1/4" PLASTIC CAP - o I EAST LINE OF GOVT LOT 4"I 300 0 300 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. EXISTING MONUMENTS | £ --------PUBLIC ROAD EASEMENT | --------EXISTING LOT 9 y / u j i jt,iIIJi Michael L. Fletchallfr■ -fc !STAR LAKE BEACH I hereby certify that the subdivided property described.in this survey meets the County requirements foLpublioToad access and sewage treatment systems. STAR LAKE 44866 Date License No. I" m.roperty Owner y /^Surveyed & Platted by:SURVEY FOR: Buckhorn Campground, LLC Proj. No.:F0704249 Date: MAY 2009I'" INTERSTATE ENGINEERING HTEDrawn By; Professionalx you need, peop/e yen/ f.O. Box 316, Ferous FalUrMn 56538-0316 (218J 739*5545 Checked By:MLF 262003 & FILE MEMO & fAAtJa £r 5d Oooo^ OOSl£>C>D PARCEL # S^OiDDO^^^(yoS"?^Ol PROPERTT OWNER /^i,~ \LAKE dR RIVER NAME & NO. ^TnA ♦ idli^Date L&R Official Fk^‘i/n}s ^ ^i\ cuumtk ^OAT Ol>C\C\f^C V ^ fiCctcS> (Pusuc ^ I u<^'r ('>*=i^) ^ pf^-OfOiCiO 0<;^l^lT^l ~ L&R Official STB^Action/Comments. ! ! Mib//-'O-0‘2DatefAction/Comments LuAclsU_____(^J oi</W3ftO/\ ]yiU^ ^c^ll-id r^i|cL>"d<■ ~yV Orffi-O' (oturj ~|~ki3 le, rc 'fot<{ i&rj-iA-e. '^U,-f)t>r u/U I J(fiVir^HUi^A Cg) aU)/>7‘^ Mzo , (o|H/j PoM'o^c. bniL n‘^j<£d Hr cun ■^^^'j-'i'^'^'’" (i U(?y^ h /liH 1/m i^aiM- ip^Al iDU-ej^ 14 u/iUlci L€ M ij-ki o^yoo O-f 4-i, fKg l-f v\/i>t/ld /eot/tf'g.j <^ \'MriV\co -hn t>e- P^~~J XjipiTOXSfU^ecsOctiC^ Date L&R Official7 ^ 9 4" 'jKv\. ^yv<t.r-A*^ j^'Uyi^s^ j ^-m<. -^■<---c -^-ct>X#Lc^^Cry^ j J ^ft7“ r *^ -c<*X- 1^* ^Dol ^ ^^J^V^vwLh/ >CKc. .e** 'vJL*,Z-^C»K>e<l Action/Comments 6i» ys^ /Orv-c</tw I L&R OfficialDate Action/Comments. L&R OfTicialDate. Action / Comments. L8lR OfficialDate Action / Comments. L&R OfficialDate Action / Comments. cup ■* JrJSlTB g ^LIA ^ \4ht^ ^ 6; ^ . 10j ^jcZ __ /J7U^T(\nC tUif^Q /Mi 7® cP^J) iThi/^i JOHNSTON LAW OFFICE, P.A,EASTON PLACE 510 22"'* Avenue East, Suite 101 P.O. Box 1218 Alexandria, Minnesota 56308 * * * Telephone; 320-762-8814 Fax; 320-762-9111 E-Mail; iohnstonra'iohnslonlawoff.coin ienzcnifl-iolinstonlavvofF.com Attorneys at Law Scott T. Johnston* Kelly L. Jenzen Legal Assistants; Lori A. Aaberg Alice A. Bosek Lindsey C. Bruzek Kimberly J. Pfeffer * MSBA Board Certified Real Property Specialist April 13, 2009 MR BILL KALAR OTTER TAIL COUNTY LAND AND RESOURCE MANAGEMENT GOVERNMENT SERVICES CENTER 540 FIR AVENUE WEST FERGUS FALLS MN 56537 Dear Mr. Kalar: RE: John and Kathy Frank Our File No. 07-316A3KLJ Pursuant to our meeting on September 18, 2008, with Chris from Interstate Engineering and David Hauser, Chris submitted a Facility Boundary Map to your office under cover letter January 27, 2009, I believe, which evidenced a proposed area that was to serve as a substitution for the area depicted in drawings signed by Interstate Engineering on October 22, 2003, and approved by the County as a condition, essentially, to your CUP Number 6090. As you know, the depicted area is to serve as an area that "allows for a maximum of 80 units", per the terms of the 2003 CUP. When we met in September of 2008, one of the outcomes of the meeting was that the area depicted in the drawings from 2003 could be re-worked into a different area that Chris ultimately submitted to you in January of this year. We request that the drawings submitted by Chris in January of this year no longer be considered by the County as fulfillment of the 2003 CUP condition. The drawings submitted to the County in October of 2003, that were approved by the County back in 2003, will not be changed after all. No new construction will take place within the area depicted in those drawings. Any new construction will take place beyond 1,000 feet of the lake and will take place outside of the area depicted in the 2003 drawings. As such, as discussed at the meeting in September of 2008, the County would have no jurisdiction over the new development as the new development will be beyond 1,000 feet from the lake, will not be included in any area "dedicated" to the existing resort under the 2003 CUP approval, and will not be in any other way affiliated with Frank's Lodge. Please confirm that the 2003 drawings, rather than the 2009 drawings, are reflected in your file as the area referenced in the 2003 CUP as land that allows for a maximum of 80 units. Thank you. Sincerely, JOHNS By received ^PR 15 2009 j^ND& RESOURCE KLJ/lcb John and Kathy Frank (via email) Interstate Engineering, Attn: Chris McConn (via email)cc: LETTER OF TRANSMITTAL interstate engineering, inc.DATE: Tuesday, February 24, 2009 JOB NO. F07-04-249 ATTENTION;116 East Washington Avenue P.O. Box 316 Fergus Falls, Minnesota 56537 (218) 739 - 5545 Bill Kalar RE: Frank’s Lodge TO: OTTER TAIL COUNTY LAND & RESOURCE GOVERNMENT SERVICES CENTER 540 FIR AVENUE WEST FERGUS FALLS MN 56537 S Attached □ Prints WE ARE SENDING YOU O Under separate cover □ Plans via U.S. Mail the following items: □ Specifications□ Shop Drawings □ Samples □ Copy of Letter □ Change Order IHI As Noted COPIES DATE NO.DESCRIPTION 1 2/23/08 Facility Boundary Map as provided in letter dated January 27, 2009 with approximate metes and bounds added in 22” x 34” format THESE ARE TRANSMITTED as checked below: IHI For Approval g] For Your Use ^ As Requested □ For Review and Comment □ Prints Returned After Loan To Us □ No Exceptions Taken Q Make Corrections Noted O Returned For Corrections □ Resubmit Copies For Review □ Submit g| Return Copies For Distribution Corrected Prints □ □ FOR BIDS DUE □ PRINTS RETURNED AFTER LOAN TO US REMARKS:3oynos3m?aN\/i 600? S2 83d a3AI303y '' John Frank, Frank's Lodge Kelly Jenzen, Johnston Law Office COPY TO; File Chris McConn If enclosures are n Page 1Bill Kalar - Fwd: West Lodge Loop "Chris McConn" <chrism@interstateeng.com> <bkalar@co.otter-tail.mn.us> 02/24/2009 1:54 pm Fwd: West Lodge Loop From; To: Date: Subject: Bill, Yesterday I mailed you a 22"x 34" drawing of Frank's Lodge with the proposed facility boundary. You should receive it today or tomorrow. One other item I wanted to follow up on is the contiguous nature of the facility. You had asked that I verify that the "West Lodge Loop" is indeed Frank's Lodge Property. Below is an e-mail I received from John Frank's Lawyer indicating that it is their property. I think that I have answered all the questions that you had requested follow up on. If there is anything else you are waiting for, please let me know. Thanks Chris F0704249 Environmental Engineer Interstate Engineering 116 East Washington Avenue P.O. Box 316, Fergus Falls, MN 56538 Phone: 218-739-5545 Facsimile: 218-739-4814 Cellular: 218-770-5799 »> "Kelly L. Jenzen" <Jenzen@johnstonlawoff.com> 2/24/2009 12:50 PM »> Chris, per our conversation yesterday, this email confirms that West Lodge Loop that runs north and south through the middle of the Frank's Lodge & Campground, LLC property is nothing more than an easement to which the LLC's property is subject. The legal description contains various "subject to" easements and the description for this West Lodge Loop is one of them. That said, the drawings that you submitted to the County evidencing the proposed boundary of the Facility illustrates land that is, in fact, contiguous. Let me know if you need anything further. Thanks, Kelly Kelly L. Jenzen, Attorney-at-Law Johnston Law Office, P.A. Easton Place 510 22nd Ave. East, Suite 101 PO Box 1218 Alexandria, MN 56308-1218 (320)762-8814 (320)762-9111 (fax) NOTICE: This message is from a law firm, and thus may contain or attach confidential information or an attorney-client communication that is confidential and privileged by law. It is not intended for transmission to, or receipt by, any unauthorized person. If you believe that you have received this message or any attachment in error, simply delete both from your system without reading or copying, and notify the sender by e-mail or by calling 320-762-8814. Thank you. s 1 - :■ I rfW,->'-;.-t:-'‘ti '1'.''^ mMr,■ 'r-s . . \ i. y ,r -^3 I fi— I \I \TIER 5 \ TIER 6 a\\I TIER 4.- T -\I \■: i\\ Vj:, r-^.\U\tc\7'■‘t .j^-V /'r 'Vj H \i 'a;>v \I! \ . ■•„.«lV /\V! i-:lL \ ,.■ • '\'J Y V •. * i-' V > /i. ,/A/.?* —0 \ V . :■"* 'v! \ >: ■■■ , ■ '■ t. STAR LAKE o. ; • . ' \ f//i ^'il! (fiUJ\5zo\;■Q\ra>4\ .li2.„cl\ii iV s =T ft \J ~m Vii 35 .-L;' •/ ■ ;//l ■ 11 siy'':'' %i/"3^1"I s2\i Q^V. T-\Lii COkI.\ r ID t oI0.I o\:-\•■Ji -.a(Tt.a./■5o‘ r'1i•••• • ; '1=T\TIER, 3 i ■ - W,aliK -t o si200'0’200’\i ■g.••-■ H \11 Q UmER 2 i 1% ,\i GRAPHIC SCALE!3't jH L ■/:14- =m. :v'V^,t.r,^r.<^4»S.< nimf/.\s.\\\I,\\\\Q £ ? S '* d, ^ .ix fiscal ?S||£-^,il 5“^ 13 ^“TII » m e>f £ 1I I;■ LOCATIONi ■ ^ . .. \ I \\LEGEND - Lo7)d‘^<'/9l£ APPROXIMATEiH ^RORERTXeOUND^ . CONTOUR LINE ,r *•*.\)v ?<t, _ PROPOSED rSEPTIC TANK I41! 4 \1360/I\\TIER BOUNDARYv\'O' "'.o u\•\\J'ESHEET 7 FOR AT SUP LAYOUT SHORELINE \T -~=-4y 'LOT LINE\"* CACTLODCCLOOn-\mo^ i 1 coS iOC-z. iUJ ^ S5§ i ___-_____,\ '■4-LOW LAND TREE LINE 'jk ^<>rJ iH6'’-LL\r/<) 11 PROPOSED WELLOwell 31^PROPOSED RCU DWELLING UNIT PROPOSED PARK MODEL DWELLING UNIT PROPOSED WALK/GOLF CART PATH -rr-rfr EXISTING DWELLING UNIT mm LU I NOTE: T7n>iL1. APPROXIMATE AREA OF DISTURBANCE = 4.5 ACRES 2. APPROXIMATE EXCAVATION = 9,200 CUBIC YARDS 3. SEE SHEET No.'s 3-6 FOR PLAN AND PROFILE OF PROPOSED ROADS 4. PROPEf?TY BOUNDARY AS SHOWN IS APPROXIMATE SEE ATT.ACHMENT 2 FOR DRAFT CERTIFICATE OF SURVEY ^ ” POWER POLE•O' GRAVEL ROAD■r=Lr J3 PROPOSED TREE PLANTING0 SH. . N'J c.2 •coU) (!)Q >,CO BCOQ cj S7°41'52" W-444.fr •W I7i c IsO0> 955561 ^^A//Ts oc V■ TIER 7 393,649 S.F. 19 UNITS -F ■ ■:■■*4 IX5l/= LT“.*j f TIER 6 166,457 S.F.s /Q Z (3> 3 o>CM■7(I oomooCMQCQJooo67.59' S 69°27’39" Wi P>-u.7 UNITS SrCC CV| 2<ci0.2<QQ_<*oTIERS 66,979 S.F 3 UNITS oz9(1? .06'199.R7' \f ^S COo2q5Ui2Oo>-CL O/ / HI05<CQ(rvb >LL|>“CtUJI™*3CDQ=d C/3 OOQ-4< o e/)LL -J so is; h-X<€/)Qcr >.<u_ UJ c o5 TIER 4 300.800 S.F. S ^ Q O ''S*"sX. \\ \ai ' III bsibpf o S3o m CO OlOkM CD 0 , CMg14 UNITS £Z d gcn“ > ^ ^ 5 TO S 'T ^ _ ro 05 JM-V -J fS HH-0 O)^ o) S3 §c ^ ^ P ^ 'o> s I N 77°52'32” W ___34.17’ V/ / N 73“46'45" W 61.79' I i TIERS 301,617 S.F. <0 CM <N g Q 1 0 T— CD -T- Li. 5 n LEGEND.#14 UNITS s0-COlcM c oSiFACILITY BOUNDARY oPL..o 7# sz o— TIER BOUNDARY 1000’ SETBACK LINE — WETLAND — APPROXIMATE SHORELINE TIER 2 304,887 S.F.l’l UNITS I ^—i— ggCroC N 00‘’08'04" E 31.26'\(A TIER 1 SF X ftUJ\Q>i“o,C55iftil\\i2 re ^ qX 2■i to\15\N 89° 17*34" £UU D O)oN 0r42'51" E 19.75'LU\-B\Cl OH 78°13'42" W 90.57'(i> HO a \ r 0>N6ri4’10"W 42.52’o>cLUo a J£>oC STAR LAKE .2VJtf>4> ea. §l 32 BOUNDARY SURVEY INFORMATION REFERENCED FROM AN UNOFFICIAL SURVEY PREPARED BY MEADOWLAND SURVEYING. INTERSTATE ENGINEERING HAS NOT PROVIDED ANY LAND SURVEYING FOR THIS FACILITY. DRAWING IS FOR PERMIT COMPLIANCE ONLY. Q g BUJ > 0.1 o ~ CO a: 10Ui LU160*150*O’q:cviO oaUJ ^ oCC tu ?““ u. 3GRAPHIC SCALE 2(23/2009 Q:\2007\07-04s\F0704249\RESORTEXPANSION\CADD\BOUNDARy\TIER.dgn received JAN 2 8 2009 INTERSTATE ENGINEERING January 27, 2009 lands RESOURCE Attn: Bill Kalar Otter Tail County Land & Resource Government Services Center 540 Fir Avenue West Fergus Falls, MN 56537 RE: Frank’s Lodge and Campground Star Lake in Otter Tail County, Minnesota F 07-04-249 Dear Bill: On behalf of Mr. and Mrs. John and Kathleen Frank, Interstate Engineering is providing this letter to delineate the area encumbered by Frank’s Lodge and Campground (Facility). The attached drawings illustrate the Facility boundary in compliance with the Otter Tail County Conditional Use Permit (CUP) that was approved on August 10, 2003. On September 17*^, 2008, you and I met with Messrs John Frank and David Hauser, and Ms. Kelly Jenzen regarding the Facility. At the meeting, it was observed that a facility boundary was not clearly identified in the 2003 CUP application, or permit. The County stated that the Franks may provide a drawing that would delineate the boundary of their Facility, providing sufficient land area for 80 units of space as determined by the Shoreland Management Ordinance as revised January 1, 2001. Drawing No. 1 shows the Facility boundary with respect to an aerial photograph. Drawing No. 2 shows the Facility boundary with respect to a boundary survey. Calculations are provided on the attached table. Although this is not a permit application, we respectfully request a response letter confirming that Otter Tail County recognizes the Facility boundary provided herein. If you have any questions, please feel free to contact me at 218-739-5545. Yours very truly. INTERSTATE ENGINEERING, INC. / i Chris McConn, PE Senior Project Engineer CM: cem Attachments: as noted c: Mr. John Frank, Frank’s Lodge Professionals you need, people you trust P.O.Box 316 • 116 EastWashington Avenue • Fergus Falls, MN 56538-0316 • P: 218.739.5545 . F: 218.739.4814 . www.iengi.com Offices in: North Dakota • Montana* Minnesota* South Dakota # : : 0 I I i Oz !3 I Ioo:“ i:5:[ts<I<o aIoz Iq2zQ<<00 £tu<oo-J< 3i I “z u.<2-i 1 il sI <is5 = ipigs| S 2?^" I I I I I “O z<I 2? 11-0 ! ZZ f M UJ I I§ I 1 SHEET NO 'N/'\ I « I i _y oz a ,D 3Oct;£ Io>Q-q;2<ia.I<QOZQ?zQ >lU<05 >LU>QCot3COoo-I< $z§11. o a* i II II .£ g I C C g> * i2*I i ! »- U.I II “O z<ILUI(/)LU“z iUJ ±= ^“o Zz f _ LU iT’- I 2 SHEET WO1M6>7009 r-' GENERAL DEVELOPMENT A B C ED GF TOTAL AREA AREA OF WETLANDS, ROAD R.O. W. AND USABLE TIER REQUIRED LOT AREA (A-B) #OF ALLOWED LOTS (C/D) #OF ALLOWED(SQUARE FEET) TIER MULTIPLIER UNITS (E*F)) \BLUFFS SIZE TIER 1 TIER 2 TIERS TIER 4 TIER 5 TIERS TIER 7 TIERS 109,662 304,887 301,617 300,800 66,979 166,457 393,649 95,556 109,662 296,924 283,810 281,439 66,979 140,208 380,111 64592 0 20,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 5.48 1.5 8 7,963 17,807 19,361 7.42 1.5 11 7.10 2 14 7.04 142 0 1.67 2 3 26,249 13,538 30,964 3.51 2 7 9.50 2 19 1.61 2 3 TOTAL AREA=1,739,607 39.94 1,623,725 37.28 square feet acres TOTAL LOTS=80.22 4 I RECEIVED JAN 2 8 2009 1AND& RESOURCE Q:\2007\07-04s\F0704249\RESORT EXPANSION\CADD\REV 4\FRANKS TIER AREAOPTION 2 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 May 4, 2009 Kelly Jenzen Johnston Law Office, P.A. PO Box 1218 Alexandria, MN 56308 RE: Conditional Use Permit (CUP) #6090, Frank’s Lodge & Campground, Star Lake (56-385) Dear Ms. Jenzen: As we discussed (telephone conversation on March 22, 2009), I had been contacted by Chris McCann of Interstate Engineering, Inc. regarding a potential change to the dedicated land area required by CUP #6090 for Frank’s Lodge & Campground. I also indicated that our Office has not agreed to any change of the dedicated land area at this time. Since this is the case, our Office will continue to consider the dedicated land area as shown on the drawing we received from interstate Engineering, Inc. on October 28, 2003 as the basis for Frank’s Lodge & Campground as required by CUP #6090. If you have any additional questions regarding this matter, please contact me (218-998-8095) Sincerely, Bill Kaiar Administrator 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 June 25, 2008 Kelly L. Jenzen, Esq. Box 1218 Alexandria, MN 56308 Re: Conditional Use Permit, Frank’s Lodge& Campground, Star Lake (56-385) Dear Ms. Jenzen: You wrote to me on June 13, 2008, inquiring as to the County’s position on including land beyond the 1,000 feet from the ordinary high water level of a lake. You are correct that normally that is the extent of our jurisdiction for Shoreland Management Ordinance enforcement. Any development beyond the 1,000 feet would normally not be subject to the Ordinance and would not have riparian rights. However, in this case, when the Franks obtained their Conditional Use Permit (#6090) in 2003, it was subject to, a condition that they include enough land to allow for a maximum of 80 units, even though they were being authorized 49 units. The Franks then did submit the subsequent plat which included land all the way back to 390th Street and also some land extending to the west. The existing Conditional Use Permit is only valid so long as the entire parcel is included. Larger cluster developments often include additional land beyond the 1,000 feet, which then becomes subject to regulation as it is a condition of the Conditional Use Permit. Our position is that any development which provides riparian rights to nonriparian lots as part of a development plan is subject to regulation under the Shoreland Management Ordinance. It would constitute a controlled access, which is prohibited by the Ordinance. If you have any further questions regarding this matter, please contact me: (218-998-8095). Sincerely, Bill Kalar Administrator [ Bill Kalar - Frank's Lodge Page 1 "Kelly L. Jenzen" <Jenzen@johnstonlawoff.com> <bkalar@co.ottertail.mn.us> 6/25/08 1:20PM Frank's Lodge From: To: Date: Subject: Mr.Kalar, pursuant to my voicemail of today's date, here is all of my contact information. This is in regards to my request for a written opinion under my cover letter dated June 13, 2008. I appreciate your timeiy response. Thank you. Kelly L. Jenzen, Attorney-at-Law Johnston Law Office, P.A. Easton Place 510 22nd Ave. East, Suite 101 PO Box 1218 Alexandria, MN 56308-1218 (320)762-8814 (320)762-9111 (fax) NOTICE: This message is from a law firm, and thus may contain or attach confidential information or an attorney-client communication that is confidential and privileged by law. It is not intended for transmission to, or receipt by, any unauthorized person. If you believe that you have received this message or any attachment in error, simply delete both from your system without reading or copying, and notify the sender by e-mail or by calling 320-762-8814. Thank you. JOHNSTON LAW OFFICE, P.A.EASTON PLACE 510 22"'' A venue East, Suite 101 P.O. Box 1218 Alexandria, Minnesota 56308 * * * Attorneys at Law Telephone: 320-762-8814 Fax: 320-762-9111 E-Mail: i oil n si on! u i oh n St 0 n I a w 0 ff, CO m Scott T. Johnston* Kelly L. Jenzen ien/eniT iohnstonlavvoff.comLegal Assistants: Lori A. Aaberg Alice A. Bosck Lindsey C. Bruzek Kimberly J. Pfeffer * MSBA Board Certified Real Propert'V SoerialislRECEIVED JUN 162008 LAND Si riesoURCEJune 13,2008 VIA FACSIMILE TRANSMISSION AND FIRST CLASS MAIL: (218) 998-8112 MR BILL KALAR OTTER TAIL COUNTY LAND AND RESOURCE MANAGEMENT GOVERNMENT SERVICES CENTER 540 FIR AVENUE WEST FERGUS FALLS MN 56537 Dear Mr. Kalar: RE: John and Kathy Frank Our File No. 07-316A3KLJ I am working with John and Kathy Frank on their proposed development at Frank’s Lodge in Star Lake Township. If you remember, the Franks applied for a CUP to add additional units to the resort, where such units would be added both within 1,000 feet of Star Lake and beyond 1,000 feet of Star Lake. The County Board of Commissioners denied their application for a CUP on April 22, 2008, and the Official Date of such denial was May 6, 2008. Regarding the proposed units beyond 1,000 feet from Star Lake, the Shoreland Management Ordinance of Otter Tail County applies only within 1,000 feet from the OHW level of a lake (or 300 feet from a river). That said, the Board of Commissioners had and have no jurisdiction to make decisions related to the proposed units outside of 1,000 feet from Star Lake. In fact, some of the Commissioners stated this fact to the Franks during the review process of the CUP. Regarding the proposed units within 1,000 feet of Star Lake, the Franks do believe that the decision of the Board had no factual basis within the record, and as such, are taking the steps to file an appeal of such decision. However, such plans for an appeal will be unnecessary if your Office can provide a written opinion that any units added outside of the 1,000 feet from Star Lake is not subject to the jurisdiction of Otter Tail County. In asking for such opinion, I am not asking that your Office flex the mandate of the ordinance in order to accommodate the Franks, I am simply asking that you reiterate in writing the clear scope of your Shoreland Management Ordinance. ' ♦ Mr. Bill Kalar Page 2 June 13, 2008 You may argue that even though the proposed additional units are beyond 1,000 feet of Star Lake, such unit renters will utilize the resort that is within 1,000 feet of Star Lake, and thus the County has jurisdiction of the proposed units under the Ordinance. If that is your argument, please cite me letter and verse in the Ordinance that authorizes that argument to be made. Incidently, it is my understanding that the permit issued by the Department of Health for the sale of goods at the resort store does not limit the sales to resort renters, but is available to the general public as well. That said, if your position is that the renters of the additional units cannot use the resort store in order for the Shoreland Management Ordinance to have no applicability, I would strongly disagree and again would ask you to cite me the authority for such an argument. Further, the renters of the proposed additional units would need to pay to launch and land their boat at Frank’s Lodge’s shoreland, just as other members of the public that are not renting at Frank’s Lodge do. This provides further evidence that the proposed units would not be a part of the existing resort, and thus cannot be subject to any argument that the Shoreland Management Ordinance would apply to these proposed units outside of 1,000 feet from Star Lake. Because the time to appeal the denial of the CUP is soon to expire, I would appreciate your prompt attention to this matter. I look forward to your response. Thank you. Sincerely, JOHNSTON LAW OFFICE, P.A. By KLJ/lcb John and Kathy Frankcc: 2 ■'i %942775 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was fiied/recorded in this office for record on the SO day of ^ 2003 atjnnn^mpm 942775 Wendy L. MetcaiJL County l^omgr by: \k Deturtw-^ weii certiflcate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL 121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537 (218)739-2271 COMPLETE THIS APPLICATION IN BLACK INK****** SOL/l^ Receipt Number Application Fee. Accepted By / Date DAYTIME PHONE " 7 5"^ - 3i ^7LiAia.i^e C- FiTiAvik-______ ^0^10 Uodc^e- MN PROPERTY OWNER ADDRESS &hLAKE CLASSLAKE NAME ^ TOWNSHIP 1 35^ PARCEL NUMBER 0 OO (T)^ 0n<^1r>0) LAKE NUMBER 30570^ M)\! YlSECTION RANGE TOWNSHIP NAME E-911 ADDRESS i £k (}, / l^sLEGAL DESCRIPTION e.<L. CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) (1) Topographical Alteration (2) Commercial Use (^J^uster Develo^eTir^(4) Extractive Use (5) Industrial Use (6) Forest Land Conversion (7) Miscelianeous EXPLAIN YOUR REQUEST ~Vo A 4o'f»0 I <2T^ oJC i/(J— j 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 SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT ATTHE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-0600-006 306,909 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-60O-346^870 UO f\ l^vll Fail) * A/j (,;3(3 fHDate Of Planning commission Hearing Time Planning Commission Motion May 28, 2003: Motion: A motion by Trites, second by Bergerud to table (Applicant agreed to waive the 60 Day Rule) to August 13, 2003 to provide the opportunity for the Applicant to provide the following: 1. A survey (done by a surveyor or civil engineer) showing the area, tiers, wetlands, bluffs, existing & proposed dwelling units and the existing docks & lifts. 2. Require the revised material be received by Land & Resource Management no later than July 29, 2003. August 13, 2003: Motion: A motion by Trites, second by Estes to approve, provided: 1. An engineer’s drawing is provided to Land & Resource Management to allow them to verify that there is sufficient land area to allow for a maximum of 80 units. 2. Proposed Sites #6 & 12 are relocated in order to meet the 20’ road right-of-way setback requirement. 3. The 50’ lotline (buffer) setback requirement is met. 4. No additional boatlifts are allowed (may retain the existing 25). Chairman/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other g//^/o5 7 Chairman/Otter Tail County Board of Commissioners Date of Final Action UJjJUu^ L & R Official / Date ' ‘ C,0VCONDITIONAL USE PERMIT# Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management Copy of Application Mailed to Applicant And MN DNR ____ ^ to- No R Official / Date OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument #.------——— «as fltedftecortecl ^recording f^ well certificate 1.1038386 pm ler by THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER 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 Application Fee to3 COMPLETE THIS APPLICATION IN BLACK INK Receipt Numbec. Accepted By / Date Jb hi t. Y'XryK__________DAYTIME PHONE 7S8' ^8PC'PROPERTY OWNER(S) MAILING ADDRESS 3o5PO Lad^e Lot>f LAKE NUMBER S(? ~ 3tS LAKE NAME S f O. r TOWNSHIP 13 S' RANGE // TOWNSHIP NAME Sio. k' La. k p LAKE CLASS O'<j SECTION PARCEL (J)OOP o9oo■S‘7oo/E-911 .ADDRESS 30£70 L&d^ e. Loof. LEGAL DESCRIPTK^ [\}y^ (jJ/y L oi5 ^tC 3(LxcM * t:/. fKS <5/2d> Sec. 9 Tu)-ip I’iS // C^/->3C^C ) (^igNl/2 NWl/4, LOTS 4 & 5 EX STAR /" ^ lake beach & EX TRS EX FARM (>tiUJ dttA^Juolj hofiJ. ^ HimAjAlA^ CONDITIONAL USE PROJECT REQUESTED (Please cuuie u>c o,jpropriate request) Cl Q 0'^ Topographical Alteration _X Commercial Use__ Cluster Development X* Extractive Use__ Industrial Use Forest Land Conversion Miscellaneous SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. C*<nif>^\r0u.v\d/t'<f>of‘4 "to fb'txl o-piHtwiheh of JuPc//' 97 uniis.S^00D Vob i(9 (0\p\3fry(^ ro^^S N or +vuiUr CqInixm 4t) gJci 4l^ Al^j)>l(rri:Uryy^ Q XiA.4grS-(ajk-FfA/ft ) I UNDERSTAND THAT APPR6YaL OF THIS R|EQUEST APPLIES ONLY TO THE USE OeJtHE LAND^/ I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. 3* - 3 - BPU)/ SIGNATURE OF PROPERTY OWNER (S) / AGENT FOR OWNERS DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) .^1 TimeDate Of Planning Commission Hearing Planning Commission Motion April 16. 2008: Motion: A motion by Schwartz, second by Maske to deny for the following reasons; 1. Due to the size of the project, this request is not compatible with the surrounding area. 2. The Township Road is not suitable for a lot of traffic, the proposal would cause a lot of dust. 3. The environmental impact on the aquatic vegetation. 4. The project is located on a narrow arm of a General Development Lake. 5. The aquatic vegetation in the lake diminishes the useable area of the lake. 6. The noise would be funneled towards the lake. 7. The proposed disturbance of the natural topography. 8. The request exceeds the number of dwelling units allowed by the Shoreland Management Ordinance (SMO). 9. the boat slips already exceed the number allowed by the SMO. Chairman/otter Tail County P,g Commission County Board Action ____Approved As Recommended iX^enied As Recommended Other QLlj2.n^l o2 Date of Final ActionChairman/Otter Tail County Board of Commissioners CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR bk 0204-006 M>/ l"& R Official/Date 0 326,356 • Victor Lundeen Co., Printers • Fergus Faiis, MN FILE MEMO & PARCEL # LAKE OR RIVER NAME & NO. ♦ ♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦ ♦ ♦ ♦ ♦♦ ♦ ♦ » ♦ /t)Date L&R Official Action/Comments. 0 CcdUi MARSHA BOWMAN 'emo from . .\\ uJfle mL FiK — l\^ J.c<-ea ^—- XiA-ft) J ICA Date ^0 (i/ Z.cWAction/Comments.f iipi _ w'.ii c<^n Date Action/Comments.a. COF J2X. (L'-cl KeiA-hon I|Wcel w/ <^(;o W^'^n<ra^Si 5Artq. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. r : , S'iAlE Of )/V\lM][N][iS<S>Tf^ DEPARTM.ENT OF NATURAL RESOURCES ! DIVISION OF WATERS Rte. 5, Box 41A Bemidji, MN 56601 (218) 755-3973 February 16, 1978 Mr. Malcolm Lee Shoreland Management Administrator Otter Tail County Court House Fergus Falls, MN 56537 Dear Mr. Lee: It has been brought to our attention that there is a possible conflict between the Water Well Construction Code (Minnesota Regulations MHD 217) developed by the Department of Health and many of the county shoreland ordinances. This conflict concerns isolation distances between wells and septic systems. The Department of Healtli Code regulating-individual sewage disposal systems, which is adopted by reference in the Statewide Standards and Criteria for Management of Shoreland Areas of Minnesota provides for a 50 ft. isolation distance between v/ells and septic systems and should have been adopted in each county shoreland ordinance. In 1974, the Water Well Construction Code was adopted by the Minnesota Department of Health. The code established isolation distances as follows: MHD217 (c) Distance from Pollution or Contamination Sources (1) A well shall be at least: (dd) Fifty feet (50 ft.) from a buried sewer,' septic tank, subsurface disposal field, grave, animal or poultry yard or building, privy, petroleum storage tank, or any other sewage or liquid wastes that may drain into the soi1. Twenty feet (20 ft.) from a buried sewer constructed of cast iron pipe with tested watertight joints or other material accept able to the Board; or a pit or unfilled space below ground surface, except an approved basement. (ee) ADMINISTRATIVE SERVICES GA^^E AND FISH • • WATERS. SOILS, AND MINERALS PARKS AND RECREATION LANDS AND FORESTRY ENFORCEMENT AND FIELD SERVICE / „ -2- (ff) Wells less than 50 feet in depth and not encountering at least 10 feet of impervious material shall be located at least 150 feet from-cesspools, leaching pits, or dry wells and at least 100 feet from a subsurface dis posal field, manure storage pile or other source of contamination. Please be advised that despite what standards a county shoreland ordinance may establish, v/ell drillers and on-site sewage system installers are still bound by standards in the Water Well Construction Code where they are more restrictive. The next time you consider amendments to your zoning or shoreland ordinance, we suggest that it be brought into conformity with the Water Well Construction Code so as to avoid possible conflicts or misunderstandings. Your cooperation will be appreciated. Sincerely, Kirk S. English, P.E. Hydrologist KSE/pccc: Mike Robinson t a.' c::) I 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 February 1991 Licensed Recreational Campgrounds and ResortsTO: Doug Johnson, R.S.FROM: New Construction Plan ReviewRE: Consultation with the Shoreland Management Office has resulted In Che following policy concerning remodeling or new construction at a resort or recreational campground. Effective February 1, 1991, prior 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.a 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. 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