HomeMy WebLinkAboutNorthern Lights Resort_14000250197001_Conditional Use Permits_07-18-2001886475 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 886475
this instrument #---------------------
was filed/recorded in this office
for recoi:d on the . ^—^day of
71W 2001 at mlipm
Wendy L Metcalf, CountyiRecoi-der
0 weli certificate
:^puty
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
iSti^DDCOMPLETE THIS APPLICATION IN BLACK INK******
Application Fee
Receipt NumberfU.; Ll. i
\/dr-/'h^f~r\ C-i'al&s ■t~
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PHONE 753
/Ua/ ________
PROPERTY OWNER /DAYTIME
55-5^1 A/or4^trn Ciqhts 7rcu IifADDRESS
'hjtSLd,a/£_ LAKE CLASS _
jV^d Ln
LAKE NAME
/JS
LAKE NUMBER
Vb TOWNSHIP NAMERANGE__TOWNSHIP
/4 - OOP- 60 /
SECTION
353^ 7 /Jpr4herf\
^Q> /E-911 ADDRESS
■DL2>^
PARCEL NUMBER
PT GL 9 COM S 1/4 COR SEC 25,
N 2021.91' W 223.26' TO BG,W 820.17', N 20 DEG W 163.78' N 69 DEG E 50', N 20 DEG W 179.66' TO LK, NELY, ELY & SELY ALONG LK TO PT N OF BG,S 54' TO BG
LEGAL DESCRIPTION
(3b ^ S TV Cdf' Sec
n<
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
^^Cluster Development (4) Extractive Use (5) Industrial Use(1 ) Topographical Alteration ( 2 ) Commercial Use
( 6 ) Forest Land Conversion ( 7 ) Miscellaneous
EXPLAIN YOUR REQUEST
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.
7
RECc<ViLD
JUN 1 8 Z001
SIGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)l^ND & RESOURCFBK.0600-006
301,508 • Victor Lundften Co., Printor* • Fergus Falls, Minnesota
(SiB dh/oi
L & R Official/Oatp^ 'Accepted By Land & Resource
•zc/y- Itj 3^00!TimeDate Of Planning Commission Hearing
Planning Commission Motion
July 18. 2001:
A motion by Zimmerman, second by Bergerud to approve as presented, with the
condition that the project be completed within 5 years (2006).
Chairman/Otter Tail County Planning Commission
County Board Action
xX Approved As Recommended
____Denied As Recommended
Other
Date'of Final ActionQ^irman/Otfer Tail County Board of Commissioners
y/sj/o/
L & R Official/DateuCONDITIONAL USE PERMIT #^JLQkA
Permitjs) required from Land & Resource Management
Yes (Contact Land & Resource Management)No
nllL clICopy of Application Mailed to Applicant And MN DNR
L & R Official/Date
1
V
OTTER TAIL COUNTY
Conditional Use Permit#
Owner’s Name
Location: Lake No:^3^?? Sec. Twp. /3b~ Range Twp. Name UcjcCe.
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Work Authorized:;_____ -ft) Ccl()1^^ 0^
rcbo^ 6ec Ay>|Mtca.^ko»o
defctils - jg coK|^^€*k><j
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/3^>^l-0 IIssued:Expires:
Land and Resource Management Official
1. Earthmoving shall be done between_______ '
k. Entire area shall be stabilized within 10 days of the completion of any earthmoving.
3. Owner is legaiiy responsible for all surface water drainage that may occur.
4. No fill shall enter or be taken from the beds of a public water without a vaiid permit from the "State of Minnesota Department of
Natural Resources.
5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
6. 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.
7. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271, WHEN AUTHORIZED
WORK HAS BEEN COMPLETED.
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BK-1099-046
298,111 • Vider Lundatn Co., Printer! • FefQui Fane, MN • 1-8OO-34fr407O
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Conditional Use Permit Request
Mike & Cheryl Harris, Owners
Northern Lights Resort
Dead Lake
35387 Northern Lights Trail Richville, MN 56576
received
JUN 1 8 2001
land & RESOURCE
g We are requesting a Conditional Use Permit for Northern Lights Resort which would allow us to I enlarge Cabin #1 by 200sf, enlarge Cabin #5 by 241 sf, and replace rooflines on Cabins #2, #6 and #7
I in order to become more aesthetic to the surrounding area and eliminate the incongruous add-on
^j’pofliines created in the past by multiple additions by previous owners.
Since we purchased this property in 1995, we have worked with Bill Kalar, Land and Resource
Management, to properly manage the impact of the resort to the lake. We have obtained the
appropriate permits when needed and re-established the buffers for water to travel through the grassy
areas before reaching the lake in order to preserve the lake and land. We have re-graded travel
routes to better facilitate the natural lay of the land where possible. We have worked to improve the
visual and environmental effect this resort has on the lake, on the neighbors and on the community.
We have done our best to be conscientious when planning improvements and determining the limits
of our developments.
As we enter our seventh season at this resort, we look back to our first few years. Since purchase,
we have cleaned up and reformatted the resort from a fishing camp with a zero return rate to a family
resort and a customer base that is at approximately 92% return from year to year.
At the present time, we do not foresee any further expansion of Northern Lights Resort other than
what is contained in this request. We wish to keep the resort small so that we can manage it by
ourselves. This resort, even with the expansions requested does not appear to be overcrowded.
Upon advisement from Bill Kalar, we sought and obtained a variance dated June 14, 2001 for the
expansions and the new rooflines prior to making application to the Planning Commission. Our goal
is to keep this resort a family resort where people can find natural beauty, quiet relaxation and a
wholesome atmosphere. We do not intend to seek either a liquor or restaurant license, as that would
void the whole concept of our desire for this property.
RECEIVED
JUN 1 8 2001
Conditional Use Permit Request
Mike & Cheryl Harris, Owners
Northern Lights Resort
Dead Lake
35387 Northern Lights Trail Richville, MN 56576
LAND & RESOURCE
In keeping with The Shoreland Management Ordinance of Otter Tail County, Minnesota, we are
making application for a Conditional Use Permit for Northern Lights Resort to include:
a. Enlargement of Cabin #1 by 20Q|t;^he cabin is currently a 3-bedroom and will remain a
3-bedroom cabin even after enlargement. There will be no increase in guest capacity.
b. Enlargement of Cabin #5 by 241sUThe cabin is currently a very small 1-bedroom and will
be increased to a 2-bedroom cabin.
c. Replace rooflines on Cabins #2, #6 and #7. The current rooflines are odd shaped due to
additions made years ago by previous owners.
d. The above improvements would be over a time frame of two to seven years with Cabin #1
commencing this fall if appropriate approval is received.
We understand the Planning Commission must take several items into account for granting a
Conditional Use Permit and address these items as follows:
1. Compatibility: To the best of our knowledge, the enlargements of the two cabins will have
no detrimental impact on the overall look of the resort, but will enhance the appearance. Both of
these cabins are in need of upgrading to satisfy the tourist’s demands of today’s society. Cabin #1 is
not clearly visible from the lake or any of our adjoining neighbors. Cabin #5 will only increase on the
lakeside by 7 feet going along the lake, not closer to the lake. Additionally, replacement of the
incongruous rooflines created in the past by multiple additions by previous owners on Cabins #2, #6,
and #7 would be necessary to make them more aesthetic to the surrounding area.
2. Environmental Impact: In the last six years, we have worked with Bill Kalar, Land and
Resource Management, to strengthen the buffer areas preventing water runoff into Dead Lake. The
enlargement of the two cabins and new rooflines to the other three cabins will In no way
environmentally impact Dead Lake.
3. Hazards to Land/Water: We can foresee no hazards since the proposed changes will be
well back from the water and do not impact the land since we are well off from any public roadways.
4. Crowding: The entire resort, with the proposed changes will continue to be a minimum of
55 feet from our closest neighbor’s property line well exceeding the buffer requirement. The resort
itself has a spacious setting in that most of the cabins have anywhere from 30 to 50 feet between
them and a generous area undeveloped.
5. Density: Although our density exceeds the guidelines of The Shoreline Management
Ordinance of Otter Tail County, Minnesota, we have obtained a variance from the Board of
Adjustment dated June 14, 2001. In their decision, the Board of Adjustment viewed our proposal as
necessary and essential to update the resort to bring it to the current standards demanded by today’s
society of tourists. Five years ago, when we were approved for a Conditional Use Permit, our open
area was at 90%. With the proposed upgrades, we will still be at approximately 89% open.
if-Page *2
Conditional Use Permit Request
Mike and Cheryl Harris
Northern Lights Resort vi
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6. Suitability: Due to the topography and that pur elevation above the lake exceeds that of the
majority of our surrounding neighbors, we becorne practically invisible from neighboring properties
and from the lake itself. We would, however, be replacing rooflines to become more aesthetic to the surrounding area. ||
We also realize that the specific requirements will be,,addressed and wish to state the following in
accordance with those requirements:
7. Parking and Traffic Control: Currently, each site has adequate parking for the number of
guests per unit. We do not allow drive-thrus by the general public, thereby eliminating an excessive
amount of traffic on our private resort drive. NOTEij: As an additional control, we have not nor do we
ever intend to seek any type of liquor or restaurant license, thereby eliminating any attraction to transient traffic. ||
8. Noise: Our guests have shown a propensity for quiet time in our resort. We have never
received any complaints or negative comments frorn our neighbors regarding our guests and the
noise level. We have, however, received several compliments from neighbors regarding our guests and their respect for the quiet serenity of our area.||
1119. Hours of Proposed Use: Due to the nature of our business, we will be using the resort on a 24-hour basis seasonally for the purpose of a fam'iiy resort. We will be open during the months of
May through mid-October. From mid-October through the end of April, we would be the only
residents at the resort. We are now in our seventh year at Northern Lights Resort and call this home.
i10. Lighting: Other than the lighting in place for the safety and security of our guests, we do not intend to erect any excessive, brilliant lighting Ion the resort.
ij11. Lot Size: As stated by the Board of Adjustment in 1995 when we received our first
variance, the property does not have the appearance of being overdeveloped. We have not changed
since that time. We are confident that should you choose to personally inspect the resort, you will
also see our careful planning and development|so as to retain the natural beauty of our area
maintaining a spacious, grassy and wooded area for everyone’s enjoyment.
12. Natural Topography: Through the ube of our Grade and Fill Permits, we have been able
to continuously establish a full, grassy area between the cabins and the lake avoiding any mud or
debris from running into the lake. The enlargement of Cabin #1 will be well back from the bluff impact
zone. The enlargement of Cabin #5 will not affect the topography in that location. The roofline changes on Cabins #2, #6, and #7 will have rio’Impact on the natural topography In any way.
Ill13. Adverse Effects: During the process of developing our plans and improvements to the resort, we feel we have eliminated all adverse* 'effects to the environment, the lake, the neighborhood
and the community. We feel we will retain the hidden nature of the resort as well as to help keep the unwanted debris in the water runoff out of thejlake.
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Bill Kalar-20di0724.doc Page 4
OTC Board of Commissioners’ Minutes
July 24. 2001
Page 4
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program, 2) controlling leafy spurge and reestablishing desirable plants, 3) County fairs, 4) Red
River Valley Association, 5) recent meeting with the Commissioner of Ag, 6) small grain plot tour
on Richard Vigar’s property, 7) thistle research plots in Henning, and 8) problems controlling
potato beatles.
Planning Commission Recommendations
Conditional Use Permit - Nidaros Township:
Motion by Froemming, second by Lee, and unanimously carried to approve a Conditional Use
Permit to replace a culvert and to reshape ditch to move the water to the south side of road for
safety of traffic as presented. The property is described as 220*^ St., Section 2 of Nidaros
Township: East Battle Lake (56-138).
Conditional Use Permit - Northern Lights Resort / Mike & Cheryl Harris:
Motion by Nelson, second by Lee, and unanimously carried to approve .a Conditional Use Permit
to improve cabins on the resort with conditions as recommended by the Planning Commission.
The property is described as GL 9, Com SY* Cor Section 25, N 2021.91’, W 223.26’.(7.81 Ac),
Section 25 of Dead Lake Township: Dead Lake (56-383).
Conditional Use Permit - Bruce A. Braaten:
Land & Resource Director, Bill Kalar, noted that several citizens had concern with this CUP
request at the Planning Commission meeting. Adjacent property owner. Jay Mackie, spoke in
opposition to this request. Discussion followed. Motion by Mosher, second by Block, and
unanimously carried to deny a Conditional Use Permit, as recommended by the Planning
Commission, to build a road along the north end of a slough. The property is described as Tract X
& Y, Government Lot 1, Section 23 of Dora Township: Hoffman Lake (56-1627).
I
Conditional Use Permit - Alan Davev:
Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to build a driveway with conditions as recommended by the Planning Commission. The
property is described as Pt of GL 5 & 6, known as Lot V, Section 28 of Hobart Township: Long
Lake (56-388).
Conditional Use Permit - Fred & Jana Mission:
Motion by Lee, second by Froemming, and unanimously carried to deny a Conditional Use Permit,
as recommended by the Planning Commission, to remove approximately 125 yds. of dirt to taper
back of house to sioped bank. The property is described as Lot 5, BIk 1 Trowbridge Acres in
Section 16 of Candor Township: Trowbridge Lake (56-532).
Conditional Use Permit - Carolyn Jorgenson Markle:
Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use Permit
to haul-in and stock pile fill material, fill the inslope in the Township right-of-way, and extend the
culvert with conditions as recommended by the Planning Commission. The property is described
as Poss Beach Add’n #2 - Lot 1, BIk 1 (#1772 & #370-029) not to be split. Section 31 of Dunn
Township: Lake Lizzie (56-760).
Conditional Use Permit - Karen Odden and Gerald & Sandra Vandermav:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use Permit
Planning Commission
July 18, 2001
Page 2
Northern Lights Resort / Mike & Cheryl Harris - Approved With A Condition:
A Conditional Use Permit Application for Northern Lights Resort which would allow us to
enlarge Cabin #1 by 200sf, enlarge Cabin #5 by 241 sf, and replace rooflines on Cabins
#2, #6 and #7 in order to become more aesthetic to the surrounding area and eliminate
the incongruous add-on rooflines created in the past by previous owners. The property is
described as GL 9 Com SI/4 Cor Sec 25, N 2021.91’, W 223.26’...(7.81 Ac), Section 25 **
of Dead Lake Township; Dead Lake (56-383), NE.
Mike & Cheryl Harris represented the Application.
Hillary Barry spoke in support of the request, stating that in order to operate Ma & Pa
Resorts - updating needs to take place. Duane Donnelly spoke in fayor, stating that the
request is feasible and necessary and will not pollute anything.
Motion: A motion by Zimmerman, second by Bergerud to approye as presented, with
the condition that the project be completed within 5 years (2006).
Voting: All members in fayor.
Bruce A Braaten - Denied:
A Conditional Use Permit Application to build a 20’ road that is 60’ long along the north
edge of a slough. It is the only way I can access the lake. The road would be
constructed by Peter Paul Exc. (200 cubic yards of fill.) The property is described as
Tract X & Y, Goyernment Lot 1, Section 23 of Dora Township; Hoffman Lake (56-1627),
RD.
Bruce & Elsie Braaten represented the Application.
Lorna Jacobson (Hoffman Lake Assoc.) indicated that the blowing of the beayer dam did
drain the wetland and that it should be restored. Jay Mackie indicated that Braaten’s
trespassed on their property to blow-out the beaver dam, stating that there was not any
evidence of a beaver. Sue Gordon stated that there is a public landing on Hoffman Lake.
Orlin Jacobson stated that with the water gone from the wetland, the ducks and geese
are now gone, he expressed concerns regarding the placing of fill on his property.
Motion (Failed): A motion by Lachowitzer, second by Bergerud to approve with the
following conditions: 1. The road has a 10’ top with 2/1 sideslopes. 2. Riprap is
installed in the areas adjacent to the wetlands. 3. Must comply with the Wetland
Conservation Act.
Voting Yes: Bergerud, Lachowitzer, Sha, Schwartz &Trites
Voting No: Boyer, Estes, Maske, Olson & Zimmerman
Motion failed due to a lack of a majority, therefore the request was denied.
Break: At 8:05 p.m., the Commission took a 10 minute break.
f r,
OTTER TAIL COUNTY PLANNING COMMISSION
'I t
NOTICE OF PUBLIC HEARING■I
APPLICANT: Mike & Cheryl Harris
Northern Lights Resort
35387 Northern Lights Trail
RichvilleMN 56576
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HEARING DATE/LOCATION: July 18, 2001 at 7:00 P.M. **
Commissionerjs Room,
Otter Tail County Courthouse
(Use the West Law Enforcement Entrance)
121 W Junius Jj
Fergus Falls, MN 56537
(PROJECT DESCRIPTION (AS STATED qN THE APPLICATION): A Conditional Use
Permit Application for Northern Lights ResortIwhich would allow us to enlarge Cabin #1 by
200sf, Enlarge Cabin #5 by 241 sf, and replace rooflines on Cabins #2, #6 and #7 in order to
become more aesthetic to the surrounding |area and eliminate the incongruous add-on
rqoflines created in the past by previous owners.
LAKE NAME/NUMBER/CLASS: Dead Lake (56-383), NE
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IE-9T1 ADDRESS: 35387 Northern Lights Irail
LEGAL DESCRIPTION: GL 9 Com S1/4:Cor Sec 25, N 2021.91’, W 223;26’...(7.81 Ac),
Section 25 of Dead Lake Township f
** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus
Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the
Hearing.
't
The above Applicant has made Application to the Otter Tail County Planning Commission
for a Conditional Use Permit as per tll^ requirements of the Shoreland Management
Ordinance of Otter Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, 121 W Junius Suite 130, Fergus Falls, MN 56537.
Any comments regarding this request may ;be expressed at the Hearing or forwarded to the
Land & Resource Management Office. I
INDIVIDUALS REQUIRING SPECIAL /)^CCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
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Bert Qlson July 3. 2001
Mailing DateChairman Planning Commission
received
1 8 2001
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(ij the trace of land in the
County of Otter Tail, State of I^l'inneaota, described as follows,
to-wit -•!,i
That part of Government Lot Section 25, Township 135 North,
Range 40 West, Otter Tail |:County, Minnesota, described as
follows:(:
Commencing at the South Quart'jer Section corner of said Section
25; thence North 00 *2 9'50'' '-East (assumed bearing) along the North-South Quarter Section iin® of said Section 25 a distance
of 2021.91 feet; thence North S9'’47'il'’' West a distance of
223.26 feet to the point of iseginning; thence continuing North 89'»47'11'' West, a cU s-.Ur’i.nce |]of ^106.69 feet to a found iron
monument; thence cont ir.uing j'North 89* 47'n*' West a distance
of 411,4 8 feet to a found iron monument; thence North 20*26'il'' West a di-'itanceji.j of :.63.78 feet to a found iron
monument; thence North 69'‘33'49'' East a distance of 50.00
feet to a found iron ffionument; thence North 20*26'lldistance of 164.66 feet t|g a found iron monument; __continuing North 20‘’26■ ii''j'jweet a distance of 15,00 feet tr-ore
or less to the shoreline of Dead Lake; thence northeaster]/,
easterly and southeaaterlly along said shoreline to the
intersection with a line th'at bears North 0®11'02'
the point of beginrung; thenbe South 0*li'a2
of 54,00 feet more or lessj'jto the point of beginning.
Containing 7.81 acres more or less. Together with an ea.sement for
ingress and egress along the existing traveled roadway to Cooney
Road No. 14.
West a
thence.
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