HomeMy WebLinkAboutLake Five Resort_32000050044000_Conditional Use Permits_09-13-20061006460
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
IhSrS
was filed/recorded in this office
for record op the^=H_day of
-------2006
Wendy L.^MetcaU. County border
-------------_2__well certificate
Dguit/
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
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Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number^
Accepted By / Date
H/LLS 7hc
P O t f)BTie(3ir L^^Es Mtv
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8^ 3^3PROPERTY OWNER(S)DAYTIME PHONE
MAILING ADDRESS
__________
TOWNSHIP ^OBTlkT RANGE
LAKE NUMBER LAKE NAME LAKE CLASS
SECTION TOWNSHIP NAME
<9PARCE
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E-911
ADDRESS69^^/>oo&oo(j>^oon!ydd<J(\Y)
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GuestedCONDITIONAL USE PROJECT REQUESTED (Please circie the appropriate request)
Topographical Alteration__ Commercial Use__ Cluster Development
Forest Land Conversion
Extractive Use Industrial Use
Miscellaneous
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
SIGNATURE OF PROPERTY OWNER (S)DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
'7.3^ fifyi.Date Of Planning Commission Hearing Time
Planning Commission Motion
September 13, 2006:
Motion: A motion by Erickson, second by Maske to approve as presented.
Chairman/Otter Tail Cou lanning Commission
County Board Action
Approved As Recommended
____Denied As Recommended
Other
C^irman/Otterl'ail County Board of Commissioners Date of Final Action
Uhl
' L & R Official/Date '
CONDITIONAL USE PERMIT #
Perrni from Land & Resource Management
V Yes (Cpmact Land & Resource Management)
^opy OfA^lication Mailed to Applicant, Co. Assessor and MN DNR
bk 0204-006
317,339 • Vx^rLundeen Co., Primers • Fergus Falls. Minr>esota
OTTER TAIL COUNTY>• ••
Conditional Use Permit/Owner’s Name ^’^30^4*' /
Property Address fjBuHp
Location: Lake Sec.5*^tf Twp. 1^1 Range^0_
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Twp. Name tteCauy4*
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Work Authorized: >rt<> (d^naiRK ,-^TISh«MI Wl fgfo ff* , to h-e OCCUfrlag _
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Land Resource Management Oflicial / Date
1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless Otherwise Stated.
2. Owner is legally responsible for all surface water drainage that may occur.
3. . If the terms.of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done,
and shall be maintained there until completion of such work.
5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 998-8095, WHEN AUTHORIZED
.BK-1004-04B,
310,083 . Vkior UmdBSn Co.. Printer* . Fortjus FnUs, MN'. 1.000.3*3*070 ‘,
7-^77-27>o6 Expires:Valid:.
WORK HAS BEEN COMPLETED.
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;
OTC Board of Commissioners’ Minutes
September 19, 2006
Page 5
Ridgewood Circle and the Otter Tail River in NE!4 (Old Bridge No. L9095, New Bridge No.
56534, S.A.P. 56-599-54) in Section 5 of Dane Prairie Township; Otter Tail River (56-OTR).
Conditional Use Permit-Linden Park Resort/Jerrv & Linda Loofe & Bob LeSaae:
Motion by Froemming, second by Block, and unanimously carried to deny a Conditional Use
Permit request for a resort conversion, as recommended by the Planning Commission.
Reasons for the denial are as listed in the Planning Commission minutes dated September
13, 2006. The property is described as Hursh’s 1®' Addn-Linden Park, Lots 6 & 7 BIk B & vac
alley adj & Pt GL 1 & 2, Section 26 of Girard Township; East Battle Lake (56-138).
Conditional Use Permit - Lake Five Resort/Fair Hills Inc:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use
Permit for a dwelling replacement on the resort as presented. The property is described as
GL 5 ex part Sly of center line of Twp Rd (20.50 AC), Section 5 of Hobart Township; Lake
Five (56-357).
Conditional Use Permit - Larrv Ahifs and Dwayne & Lisa Augustus:
Motion by Froemming, second by Mosher, and unanimously carried to deny a Conditional
Use Permit to build a storage and boat and motor repair facility as requested by the Applicant
by letter dated August 29, 2006. The property is described as SE!4 NEVa, GL 1 & 2 including
Pt S of Brademeyer 3'”'’ Addn ex platted ex trs. Section 17 of Leaf Lake Township; West Leaf
Lake (56-114).
Conditional Use Permit - Timothy T. Crompton:
Motion by Lee, second by Block, to deny a Conditional Use Permit for this after-the-fact
request for a retaining wall. Discussion followed regarding the process after a denial to fix
the situation. Applicant, Timothy Crompton, stated that he has contacted an Engineering
Firm in Fargo for their professional opinion on this project. He stated that he has some water
issues with the property and a good size hill where the water runs onto the property. He
requested time to work with the Land & Resource Office for a resolution. County Attorney,
David Hauser, advised the Board that they may table the CUP request and look at additional
information or deny the CUP request and the issue is left to enforcement action and resulting
solutions/restoration. Commissioner Lee and Block withdrew their motion and second
respectively. The applicant waived the 60-day requirement for a decision and Commissioner
Lee offered a motion, seconded by Block, to table this after-the-fact Conditional Use Permit
request for further engineering information. Motion carried unanimously. The property is
described as Lots 11 & 12 Anderson Beach Addition & pt of GL 3 (.06 AC), Section 11 of
Scambler Township; Pelican Lake (56-786).
Final Plat - “Twin Lake Shores”
Motion by Mosher, second by Nelson, and unanimously carried to approve the Final Plat of
Secluded Land Company, LLC, known as “Twin Lake Shores” consisting of 13 lots in
Section 24, Township 131N, Range 40W, Eagle Lake Township; Unnamed Lake (56-267).
Otter Tail County, Planning Commission
September 13, 2006, Page 3
the project, and expressed concerns regarding too much pressure on the lake, too many
people and boats, the sewer system, and he requested an environmental impact statement
be completed. Jim Thompson expressed concerns regarding the impact on the lake
(number of boats) and the impact on the adjacent property (a deeded access to the lake).
Gerald Haberer (adjacent neighbor) indicated that this proposal would be an improvement.
Keith Rafos stated that while he was not opposed to change, he had concerns regarding
traffic, surface water drainage and vegetative screening. Robert Dungray expressed
concerns regarding modifying the plan and retaining two of the existing trailers. Don Jurs
had questions regarding surface water drainage, and the existing terrain. Art Leu
expressed concerns regarding the vacation of Liberty/Castle Trail.
Motion: A motion by Wilson, second by Arno to deny as presented, for the following
reasons: 1. Road issues need clarifying. 2. Septic system issues need clarifying. 3.
Lack of a plan on how existing structures by the lake would be removed. 4. Too many RV
sites are being requested. Voting: All Members in favor, except Erickson.
Break: At 8:00 P.M., the Commission took a 10 minute break.
Lake Five Resort/Fair Hills Inc. - Approved As Requested:
A Conditional Use Permit Application (as stated by the Applicant): Demolish residence and
garage located on bottom of map #6 (map on file with Land & Resource Management
Office) and replace with a 1840 sq. ft. home. Present residence is a two story 1660 sq. ft.
house. New home will be occuried by Lisa M. Kaldahl, manager of Five Lakes Resort.
Number of units to remain the same: 9 rental units; 1 managers residential dwelling. The
property is described as GL 5 ex part Sly of center line of Twp Rd (20.50 AC), Section 5 of
Hobart Township: Lake Five (56-357), RD.
Lisa Kaldahl represented the Application.
Motion: A motion by Erickson, second by Maske to approve as presented. Voting: All
Members in favor.
Larry Ahifs and Dwayne & Lisa Augustus - Denied As Requested:
A Conditional Use Permit Application (as stated by the Applicant): On Parcel “D” - Build a
storage facility for boats & RV’s, repair & maintane boats, engines, trailers. Build 1 building
now with 2"“^ by December 2007. Detailed information on file with Land & Resource
Management Office. The property is described as SE1/4 NE1/4, GL 1 & 2 including Pt S of
Brademeyer Addn ex platted ex trs, Section 17 of Leaf Lake Township: West Leaf Lake
(56-114), RD.
Motion: A motion by Arno, second by Wilson to deny at the Applicant’s request, (letter
dated August 29, 2006). Voting: All Members in favor.
Timothy T. Crompton - Denied:
A Conditional Use Permit Application (as stated by the Applicant): This is an After-the-Fact
Request. #1) Built block retainer wall. 8” thick, 40’ long, 4’ high. Back filled with #5
excess. #2) Built block retainer wall, 8" thick, 26’ long, 3’ high. Back filled with #5 excess.
#3) Built block retainer wall, 8” thick, 18’ long, 5’ high. Back filled with existing dirt. #4)
Built block retainer wall, 8” thick, 48’ long, 3’ to 5’ high. Back filled with existing dirt. #5)
Built block retainer wall, 8” thick, 64’ long, 4’ high. Moved app. 20 yds of existing fill to
#1 & #2 retainer wall. Rebuilt some of #6 wood retainer (existing). Rebuilt some of #7
OTTER TAIL COUNTY PLANNiNG COIViSViBSSION
NOTICE OF PUBLIC HEARINGr -■
APPLICANT:Lake Five Resort
Fair Hills Inc.
PO Box 6
Detroit Lakes, MN 56502
HEARING DATE/LOCATION: September 13, 2006 at 7:30 P.M. **
Commissioner's Room,
Government Services Center
West Fir
Fergus Falls, MN 56537
CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): Demolish
residence and garage located on bottom of map #6 (map on file with Land & Resource
Management Office) and replace with a 1840 sq. ft. home. Present residence is a two story
1660 sq. ft. house. New home will be occuried by Lisa M. Kaldahl, manager of Five Lakes
Resort. Number of units to remain the same: 9 rental units; 1 managers residential
dwelling.
LAKE NAME/NUMBER/CLASS: Lake Five (56-357), RD
E-911 ADDRESS: 34665 Camp Cherith Rd
LEGAL DESCRIPTION: GL 5 ex part Sly of center line of Twp Rd (20.50 AC), Section 5 of
Hobart Township
** Weather Conditions may change the Hearing date and time, if bad weather occurs, piease listen to the iocai Fergus
Palis Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the
Hearing.^\ •
The above Applicant has made Application to the Otter Tail County Planning Commission
for a Conditional Use Permit as per the requirements of the Shoreland Management
Ordinance of Otter Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, Government Services Center 540 West Fir, Fergus
Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing
or mailed to the Land & Resource Management Office at the above address.
i
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
August 30. 2006
Mailing Date
Bert Olson
Chairman Planning Commission
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Jf Jr '.BOUNDARY LINE SURVEY FOR
FAIR HILLS AND FIVE LAKES RESORT «& GOLF COURSE
'5'
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On all or parts of Sections 4, 5, 6, 7, 8, and 9, Township 137, Range 40
Otter Tail County, Minnesota
VICINITY MAP AND SHEET LOCATION DESIGNATION
r -----««r------ —.i
— rr-[Mi/
-f *w*LAKE ■ajpIi-;-i NOTATIONS;BOOT LAKE!SIX
I
- in Deed recorded in Book 486 of Deeds, Page 656 describes the entire
tract. In the first paragraph, it states that part of Government Lot 1,
Section 7 lies Southerly of the center line of the township road. It should
be Northerly of the centerline.
- The calls in the Gas Transmission line easement on the North line of
Section 4 begin at the shoreline of Boot Lake. It would be impossible
now to know where the shoreline was at die time of the original survey.
The distance on the North line measured 3064.38 feet to Metmder
Comer No. 87. The distance from the shoreline in the original survey
stated it to be 2884 feet. Also, the distance of 1265 feet within the
casement calls on the East line of Government Lots 5 and 6, actually
measures 1449.68 feet.
OOV LOT 5 (U)V l.(»1 4 Cl O V LOT!i cl O V • LOT 2 OOV LOT 4I I i I A,1 Iit
I jll 'k
t
i iIII
NIi r ft1
Ui MiliIA!.OOV LOT 6 OOV LOT 6 O V LOTI CiOV LOT «
SHEET 2II SHEET 3-6 »ACREAGE !5t -- 4|.- -wILAKE1. A K ESection No. 4 5 ■ m 11'
SIXGov. Lot No. Acreage
33.40 ac. + -
40.47 ac. + -
46.75 ac. + -
12.41 ac. + -
8.21 ac. + -
5.57 ac. + -
FIVE !KOHni j»A<KIS Itc111 i4o - A complete mathematical breakdown was made on each of the six
sections illustrated hereon. In doing so, it was found that many fence
lines in the interior parts of the sections do not fit the proper locations.
- The brass monuments used are placed on top of a two foot long rebar
and a seven inch diameter of concrete surrounds each brass monument.
A six foot long orange marker labeled "SURVEY MARKER" has been
placed near each monument. Two types of brass monuments have been
placed, one stating Government Comer (as applicable to the location),
and the other stating Property Comer. In each case, it bears my
Registration Number of 7575.
aov LOT 7 11 inI 1! i af>IOOV, LOT 8 Aii5OOV 1. o r hI }’
S K l.’< ,S B inr^.6
FAIRY7
8 LAKE-t*>i
9 ;
A
: SHEET 6Total = 146.81 ac. + -i-'Ouv LOT 50L A K HOOV. LOT la I LK»V LOT 9>i-‘-
S t 04. SE IMOFIVE 0oSection No. 5
liGov. Lot No. Acreage
28.95 ac. + -
40.55 ac. + -
55.32 ac. + -
57.76 ac. + -
34.80 ac. + -
35.39 ac. + -
7.83 ac. + -
35.62 ac. + -
14.49 ac. + ’
44.54 ac. + -
20.01 ac. + -
OOV LOT H—f------LAKE FIVE1 <f ssBacww. .- - - i ....... W--I...........
■ '4 •«.r'2 M-- All acreage shown are computed to the shoreline as existing at the time
of the aerial topographic survey approximately four years ago.
- On the boundary line as extending through Section 9,1 find the intent,
before surveying in 1940, was to use the center line of the road right-of-
way as the boundary. I have the field survey book used in 1940
illustrating the distance and angle calls as now showing on the Deeds.
It appears that Deed transfers made after the survey of 1940 began
using the survey calls. 1 have shown the boundary line as the located
constructed center line. Also, shown on the 1940 survey notes was a
distance call of 948.3 to the North line of Government Lot 1. We do not
find any evidence within the notes that there was any attempt to properly
locate the tme location of the North line of Government Lot 1. We have
done so, and find the deed call of 948.3 feet to actually measure 924.66
feet.
■JCm -
■ -ff.-3 r’1 I• OOV LOT 5 ^4 ■%»
FAIRY LAKEIt5r,OOV LOTI 4OOV L Ci T 4 ft 0-4 Li4<»OV LOT V 0 Ci V L T 2 i
6 ■4 f!V7OuV LOT I 1CAMF CHERITH ROAD ! iMBis ifrI I8 -■J/
i: *:1
tWlH tA'• m9 h-’ 1 i
\n10SHEET 4
......................................... '' ■ "' ' ' " ^
•5r-s i''V11 SHEET 5OOV L O T 6IS i:i T ...a O V LOT 1!i 5 I S K L4 . N W |«4OO V 1,0 T 2x».*3Kcr-Total = 375.26 ac. + -
ic7Section No. 6 i8Gov. Lot No. Acreage
24.60 ac. + -
34.85 ac. + -
47.04 ac. + -
— 9 .6 it
LEGENDLAND DESCRIPTION IN FAVOR OF FAIR HILLS, INC.
RECORDED in BOOK 486 of DEEDS, Page 6567 - Where the tme location of the reconstmction of the Government
Meander Comer falls in the water, the brass monument was placed
on the section line at a higher location and labeled as a reference
point. A distance is shown to the tme meander comer location.
- Mathematics have been assigned on the centerline of the township
road through Government Lot 1 of Section 7 and Government Lot 5
of Section 8. Because the township road never did have any
mathematical alignment, I would suggest a Quit Title Action or other
legal means be performed to solidify the location. With future new
constmetion, the boundary line could have a fluid location.
- The building locations shown on Sheet 6 are taken from a 200 scale
aerial survey map, except Cottage No. 10 which was field located.
• = Placed 3 1/2" Brass monument with an orange post labeled " SURVEY MARKER " adjacent thereto
The brass cap labeled Government Comer or Proerty Comer and enscribed with R. L. S 7575 on each
O = Iron monument with plastic cap with R.L.S. 7575
® = Monuments found in place
12
Lots 4 5, and 6 of Section 4; all of Section 5; Lots 6, 7 and 12 of Section 6; and Lot 1 of Section 7; Lots 2, 3, 4
and 5 of Section 8 and all that portion of Lot 1 of Section 7 lying southerly of the center line of the Township
road as now laid out and constmeted and traversing, said Lots 5 and 1 in an easterly and westerly direction,
subject to easements of record; AND
All that part of Government Lot 1, Section 8, Township 137 North of Range 40 West lying North of the following
described line; Beginning at a point on the cast line of Gov't Lot 1 and 593.5 feet North of the Southeast comer
thereof; thence north 40 degrees West 948.3 feet to a point on the north line of said Gov't Lot 1 and there
tenninating. The above described tract contains 2.69 acres; AND;
All that part of GoYt Lots 1 and 2 and the SE'A NWVi of Section 9, Township 137 North, Range 40 West, lying
North and West of the center line of the present public highway and described as follows; Beginning at a
point on the west section line and 593.5 feet North of the west quarter section comer of Section 9; thence
North 66 degrees and 20 minutes East 1642.3 feet; thence North 35 degrees and 50 minutes East 1742.3
feel to the intersection of the north section line at a point 78 feet West of the North quarter section comer of
Section 9 and there terminating. The above described tract contains 16.37 acres; AND;
Total = 106.49 + -
i
Section No. 7
Gov. Lot No. Acreage
10.78 ac. + -1
I hereby certify that the subdivided property described in this survey meets the
County requirements for public road access and sewage treatment systems.
Property Owner
Section No. 8
Gov. Lot No. Acreage
2.30 ac. + -
29.94 ac. + -
28.98 ac. + -
36.04 ac. + -
19.47 ac. + -
1
Date2
3
4
1 HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF MINNESOTA.
5
Total = 116.73 ac + -
Section No. 9 Reg. No. 7575 Date T- OLet 7 except North 20 acres (about 12 acres); and Lot 9 lying West from centerline of State Aid Road No. 4, subject
to ihe road right of way. All in Section 4, Township 137, Range 40 containing 30 acres; and that part of Government
Lot 8, Section 4, Township 137 North Range 40 West of the 5th P.M. described as follows;
Commencing at the south quarter comer of said Section 4; thence South 89
degrees 24 minutes 15 seconds East 660.00 feet on an assumed bearing
along the south line of said Section 4; thence North 00 degrees 07 minutes
01 seconds West 1407.29 feet to the point of beginning; thence continuing
North 00 degrees 07 minutes 01 seconds West 580.00 feet; thence South
89 degrees 47 minutes 26 seconds West 224.64 feet; thence South 89
degrees 26 minutes 27 seconds West to the west line of said Government
Lot 8; thence Southerly along the west line of said Government Lot 8 to the
waters edge of Fairy Lake; thence in a southeasterly direction along the
waters edge of said Fairy Lake to the south line of said Government Lot 8;
thence easterly along the south line of said Government Lot 8 to the
intersection with a line bearing South 00 degrees 07 minutes 01 seconds
East from the point of beginning; thence North 00 degrees 07 minutes 01
seconds West to the point of beginning. SUBJECT to County State Aid
Highway No. 4 right of way and Midwestern Gas Transmission Company
easements.
all in Township 137 North, Range 40 West of the Fifth Principal Meridian; except all that portion of Lot 5, Section 8.
Gov. Lot No Acreage
9.00 ac. + -
8.56 ac. + -
SE 1/4 NW 1/4 0.28 ac. + -
IRobert B Oslun1
2
Total = 17.84 ac. + -
OSLUND & ASSOCIATES
Land Surveyors, Land Use Planners
47 North Broadway
P.O. Box 404
Pelican Rapids, Minnesota
218-863-1106
! ■■Grand Total = 773.91 ac. + -1
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& file memo &
PARCEL #___ PROPERTY OWNER
Fiv-< (f?.ii)LAKE OR RIVER NAME & NO.
♦ ♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦^♦ ♦ ♦ ♦
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