HomeMy WebLinkAboutPocahontas Resort_14000070062000_Complaints_Violations_Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-739-2271
August 24, 2001
Collene C. Baxnick
Pocahontas Resort
38034 Cty Hwy 35
DentMN 56528
RE: Violation #1983, Dead Lake (56-383)
Dear Ms. Barnick,
As you are aware, on August 21, 2001, the Otter Tail County Board of
Commissioners approved your request to replace two (2) of your previously
approved campsites with one (1) manufactured home.
During this discussion, however, a question as to the need for a Variance for
the substandard (less than 50’) lotline setback was raised. This matter was
ultimately referred to David Hauser (County Attorney) for a decision.
On August 23, 2001, I met with Mr. Hauser regarding this matter. Following
discussion, it was decided that the Variance granted to Bill Bamick on
Februaiy 5, 1987, may include (although it is not clearly stated) the
substandard lotline setback.
Since this is the case, we will not require a new Variance specifically for the
location of the new manufactured home or seek proper relocation of this unit.
Therefore, Violation #1983 is hereby withdrawn.
If you have any questions regarding this matter, please contact our office.
Sincerely,
Bill Kalar
Administrator
David Hauser, County Attorneycc:
mis
"T"
Original - Owner
Yellow - County Atty.
Pink -
i '
Name___
VIOLATION
1983
/5 /C\ I •-fU d
7 ' '
‘ L
r Kjt
, 3,$U AJUJAddress
City/State/Zip.
Lake No. 56-,
Parcel No__
Legal Description
cu> /6^^ /■/ C, C>
3 .f K Lake Name___________
/ - /VcO'iH'OOO-/ C/-/y-CCU
£1 J .Or /
You are hereby notified that you have violated the Shoreland Management Ordinance of Otter Tail County, Minnesota
pursuant to MINN. STATUTES CHART. 394 AND SEC. 103F.201 THROUGH 103F.221. The nature of the violation is as follows:
■ f e . t
^ (J (^ //}l C L>,/^ '/« " oh tc // ./t
4
/ 7^’7 ' • ^ •—
I : t .
.• AJ ■ /u /(y - ’ r 1 ■,y/
/A A'./CA /f"r:It ■ e< '/
Present this form, in person, to the Land & Resource Management Office, County Court House, Fergus Falls, Minnesota on or before
. This violation may be referred to the Otter Tail County Attorney's Office for legal action.3 3 -C>\
^1- t- /Court House hours are 8:00 A.M. to
5:00 P.M. Monday through Friday DATED:
/9
I BK 0694-001 Land & Resource MarKjgement Official272,224 • Victor Lundeen Co.. Printers. Fergus Falls. MN
STATE OF MINNESOTA )
)ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF OTTER TAIL)
Mavis Samuelson, of the City of Fergus Falls, County of Otter Tail,’ in the State of
Minnesota, being duly sworn, says that on the 9*^*^ day of May, 2001, she served the
annexed:
;
VIOLATION #1983
On the following person, by mailing a copy thereof, enclosed in an envelope, postage
prepaid, and by depositing same in the post office at Fergus Falls, Minnesota, directed to
said person at the following address:
Colene C Barnick Tst
720 38*** St NW
Fargo ND 58102-2961
Mavis Samuelson
Land & Resource Management Official*,
Subscribed and sworn to before me this
day of
V
in the year of
My Commission Expires
V JOYCE L. THOMPSON
S NOTARY PUBLIC-WINNESOTAi
M, Commission Expires JAN. 31,2005
FormLlrs-^CertifiedMailingMS
Department of
LAMP & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone:(218) 739-2271
Court House
FERGUS FALLS, MINNESOTA 56537
!
;i
;
May 11,2001
Collene Barnick
720 38‘^ St NW
Fargo ND 58102-2961
;•
;•
Re: Violation 1983 issued May 9, 2001.
Dear Ms. Barnick,
As per our phone conversation on May 11, 2001, in order to bring your property into
compliance you must first apply for and receive a variance to allow the manufactured home
in its present location. If the size is different than the dwelling it replaced you-must then get
a Conditional Use Permit because it exists on a cluster development. Then an after-the-
fact site permit must be received if the variance is approved. If the variance is denied the
offending structure must be removed.
Please find enclosed the appropriate forms and directions for the permits required.
This violation will be resolved by July 6, 2001 to avoid any further legal action.;
!;•If you have questions please call me at our office.
• 1
Sincerely,
/r-
Wayne M. Roisum
Inspector
i.
■ ^ >
FIELD INVESTI6ATION REPORT
2Number of Photographs Token
No Action Necessary (see comments)
Letter Needed (see comments) Letter Mailed____________
Violation Needed (see below) Violation# Mailed
Nature of Violation:
\/AA) Earthmoving B) Building C) Sewer
D. Other (Describe)
Sketch:1
I
)
\\i iI\I D1u-ri!
T
!i\i
I
J1 < -C ./Ia\
1 I\i;II!;;:;i\\i .1
iIII i:;/I i/I!II
I X
\-cyt HvL^ /A-
-^-<>0 d -fc) ptf-'
- j.
■ . ^Comments:
I■Ii1
It/
CT' 0 'J1 i:;
I
• 4Iw
OK-ol2^4’kc\'AInvestigated By ■
MB:Forms:COMPL/MNT 8~00
Date Time 4
Resolvedthe
Property Owner:
-^S
jC<ake No,
Lake Name;'T
Parcel No.;
t '
Owner'Initial Response (date): //~d /
S' l^G i
6/'T^ CyLs£S ly
S yj 4-0-7^ c 4^ 4<3ai L/^
i
/L/C?" /2A-^.^—(/—
)
Ad ■
IfSj’ - !^C- A,r->^ /5'-// -o j
y-i//-oj
'0 i
-4-r-A /
^6.
/4_c-3J fo Gh('V I
■ 1.pn_
{J \fwL s^ yiouojc^ yot 1-6 uy<y^
J~^ j- LiyjL- ^-4^ -^/o S S . .
_ ' p-'T'^y^ 3
ouA-cje_
/T] J:f
c^coi/'^ i>-‘ys> £ o
5/^
iZ (J ^
AJd #- a
'Violation.i ohronology7_94il
(^-^J2ji_
^,_y—
S7/^')j/yr'-cJ
CAyyJPJ^X
/C<6^ ; Vii>LdT)‘>rJ
uti ^j<n H ^-c-G^
IH\ JUm
Rv^ nHs
v'<2-c-'»-v<-^
I
mH /iJZA.t-e^
^ 3^/^ S'
j
><3J2,a<j-
}
nit?)i->-iC
) /c7-----'J_0-J»-^^si<i.a-^'-
1)
4)(^Up
yOJiJLd^^~~P^ /Y/Z
r /'>^w
Pr<.P-AA^ ,/>->-x_<;uZ5i^
4u/^5
A'Cm/!)i;
- ,7S«^
Aj^<^ c-£iuir\ £i-^P-a.._^>==A,
;z2^
,0-^
Lj^ojo] ,
,^>->-vaAA,'\
Y)\e^ (U ?S Lbi^ X'’ M'f/’
4ias
cmQod>P^Ccc-
Y)
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
the 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 Tall 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
\iif
0Book__02/86 liii,
o g F aC!2»i^e gK;*"?
SwQ o ’5r«*S‘S C e 6 b-w g g ®
^g*
5-a
o •
IFr t
FUeNo.8fl4632 lg 3!3 tCO
><o !^ n3STATE OF MINNESOTA
S’RETURN OF SERVICE 8 BQDCOUNTY OF OTTER TAIL C-.>< io
<IISSTATE OF MINNESOTA M CD e *5 M
RS.g
.P\ H
3 X
r w
o (DISTRICT 3 3 Sr-'ICOURT !COCOUNTY OF 3“
C CD *
Ti • 0 S.|iCIOBDivision:rBTMTMAT ?■ S?*I HEREBY CERTIFY and return,
that I have served a copy of this
COMPLAINT-SUMMONS
upon the defendant herein named.
a
9 Oft g 1 ' I■8 p
5 2 S! 9 •a ^ » a
e*» 2 «
Hr|. I
S * o
III
> 0
t ISTATE OF MINNESOTA 9 9.Ui
3 0^<•OB liO(D 2Ul9 <u>o •i■*>«wI i•go 1S’23 I j.day of .. 19-----Dated thia 39VS.I3 I ^3
S'wWILLIAM BARNICK Ds 11o'00I ?DI(P«non ABthoriMd by Law to Make Service)S'i-'IMDOB;
ADDRESS: Pocahontas Resort
Dead Lake
Dent, MN 56528
SUMMONS MAILED: 09/05/86
ORIGINAL APPEARANCE: 10/3/86,10:00 a.m.
I?i3.**3Ii;oa w O1%oj-t> ST 2;
ZOBCOMPLAINT-SUMMONS
FOR MISDEMEANOR
OR PETTY MISDEMEANOR
02)i
D A
Oa»O'it CO9A2►1 S’»13CBcri.3'<5 H- >
■3 r X
g Is9 ■
A
gre-S’!f1_. 19_i^September IFiled>»«i^'«!k 3 A ns1^o S’IS'■*Kenyon E. Rudd^, Ct. Admin.
I <<r 3 CD
: 3
0 3 03R r c-
or o 2 a. o 23 B S9» ® o g 9 S g 3
HHalii-s 3 * g *^g 2.5
IbIs
o § Cl9 g 3 da
es.!i►I
las&siCourt 9-s
’p g g S'IODBa■ 2. ODeputyBA i3sWV<•i9Returned and filed
S'B s
i
|3b
r^ A 9
, 19-----8TH
g9
e Is:SL 1?5 2*'8\o3'CourtOerkof
s.By
CP FORM ZOl L F.
DISTRICT GESUMJ3KCOURTOF MINNESOTA
'OTTER TAIL COMPLAINT-SUMMONSCOUNTY OP
FOR
MISDEMEANOR
• :Plaintiff,Stare nf M^nnpgn^a
Sfi4fiS2County Court File No.V8.
WILLIAM BARNICK Attorney File Na 86M-26QCounty, Defendant
COMPLAINT
The Complainant being duly sworn, makes complaint to the above-named Court and states that there is
probable causa to believe that the above-named Defendant committed the offense described below. The
Complainant states that the following facts establish PROBABLE CAUSE:
Complainant, Gerald Wlnkelman, is a duly acting and appointed Inspector with the Otter
Tail County Department of Public Health who investigated and received information regarding
the below-described offense. In July of 1985 complainant and Richard Astrup of the Minnesota
Department of Health Inspected the Pocahontas Resort on Dead Lake. The resort Is owned and
operated by William Barnick, hereinafter referred to as the defendant. The defendant was
found to be operating 13 recreational camp sites. A check of the records of the Minnesota
Department of Health and the Otter Tall County Department of Health revealed that the
defendant did not have a license for operating a recreational camping area. A check of the
records with the Otter Tall County Department of Land and Resource Management revealed that
the defendant had not obtained a conditional use permit for operating a cluster development.
The defendant was advised that he could not have more than four camping sites without obtaining
a conditional use permit and recreational camping area license. The defendant was given until
the end of the 1985 resort season'to correct the situation. On June 18, 1986, complainant
again went to the Pocahontas Resort, and observed that 11 recreational camp sites were still
being used. A check of the records at the Office of Land and Resource Management, and the
Otter Tail County Department of Public Health revealed that the defendant had not obtained a
conditional use permit nor had he obtained a license for operating a recreational camping area.
N
:
-« r“ ' ; —ri
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 56537
MALCOLM K. LEE, Administrator
October 3, 1986
Arlan Stangeland
M-F Building
403 Center Ave.
Moorhead, MN 56560
Barnick'a Pocahontas Resort on Dead Lake (56-383).RE:
Dear Mr. Stangeland:
Your inquiry regarding Barnick's Pocahontas Resort has been referred to me
by Sylvia Bergerud for a response.
Please be advised chat the written record pertaining to Mr. Barnick's resort
on file in the Otter Tail County Health Department and our office indicates
the following.
Mr. Barnick's resort is currently licensed for 10 cabins and no campsites.
Under the guidelines established by the Minnesota State Department of Health
which previously licensed resorts (Otter Tail County now has that
responsibility), Mr. Barnick would be allowed up to 4 campsites on his
property.
If at any time 5 campers or more were on site, Mr. Barnick would have to
have a license to operate a campground. In order to obtain a license for a
campground (an expansion of his resort). Otter Tail County approval would
have to be obtained as well as DNR approval.
Otter Tail County approval would be based on the requirements set forth in
the Shoreland Management Ordinance of Otter Tail County (see copy especially
Section V).As you will see, Mr. Bamick's resort currently has more units
(10) than would be allowed under our ordinance since 100 feet of lake
frontage is needed for each unit.
September 17, 1986, he indicates that he has 800 feet of lake frontage
therefore he is entitled to 8 units total under the current guidelines.
In Mr. Barnick's letter to you dated
SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
SOLID WASTE ORDINANCE ^
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION
Our records indicate that on August 3, 1983 Mr. Barnick met with the Otter
Tail County Planning Commission on a pre-application basis. No formal
action was taken, however, the Planning Commission advised Mr. Barnick to
apply for a variance from the requirements which would allow 20 campsites to
be established. To date, no record of Mr. Barnick applying for a variance
is on file.
Mr. Barnick's letter also refers to other area resorts which have less water
frontage and more camper units. This is true in many cases, however, it
should be mentioned that many of the resorts in Otter Tail County were
established prior to the Sboreland Management Ordinance and therefore are
"grandfathered" in. As such, these resorts do not have to decrease the
number of camper units even though they obviously exceed current standards.
If you have any questions regarding this matter, please contact our office.
Sincerely,
Bill Kalar
Asst. Administrator
CC: Sylvia Bergerud
mgb
OFFICES:
1B26 LONGWORTH HOUSE OFFICE BUILOIMG
WASHINGTON. OC 20515
(202) 225'216S
AN STANGELAND
H DISTRICT, MINNESOTA
COMMITTEES:
AGRICULTURE
PU8UC WORKS AND TRANSPORTATION
M^ BUILDING
403 CENTER AVENUE
MOORHEAD MN 56550
(216) 233-6631dongrtsB of the larntd States
i^ouse of UeprESEntatitJES
IDashmston, 20515
FEDERAL BUILDING
720 MALL GERMAIN
ST. CLOUD. MN 66301
(B12) 251-0740
TOLL FREE NUMBER
(IN MINNESOTA) 1-S00-432-3770September 30, 1986
^ 1^ OCT 1 1986 IJ)
Ms. Sylvia G. Bergerud, Auditor
Otter Tail County Commission
Court House
Fergus Falls, Minnesota 56537
OTThHirtH. GU. AUUiiOR
Fergus FaUs, MNInquiry from Barnick's, Pocahontas ResortRe:
Dear Ms. Bergerud:
The attached communication is submitted for your
consideration.
If you will please advise me of your action in
this matter and have the attached enclosure returned
with your response to my Moorhead address, I will
appreciate it.
«
?
MICHAEL L. KIRK
□ TTER TAIL COUNTY ATTORNEY
ASSISTANTS:
WALDEMAH B. SENYK
DAVID J. HAUSER
BARBARA R. HANSON
couRTHauac
FERQUS FALLS, MN S6537
TELEPHONE (2 18(739-227 I
July 28, 1986
^'
Mr. Bill Barnlck
Route 1, Pocahontas Resort
Dent, MN 56528
Dear Mr. Barnick:
After our conversation I discussed your situation and that of Mr. McCurdy
with the Department of Shoreland Management. Apparently, Mr. McCurdy did
have some camping units which were grandfathered in under the previous
rules. However, there is some question as to whether or not four of his
units are valid and the Shoreland Department will be checking on those.
I know the situation appears unfair in light of the amount of area Mr.
McCurdy has and the area that you have. However, the nature of zoning
requires cutoff dates on certain types of activities and those existing
before that time must be properly documented. I would suggest that you
resubmit something to the Planning Commission asking for a permit to obtain
a lesser number of camping units than your previous application.
If you have any questions at all regarding this, please feel free to contact
me.
Very truly yours.
Michael L. Kirk
MLK/mk
cc: William Kalar
Ca., Bfina—poEi Comptoint-fliuniDoog tor Mademcaaor or Prt^ Madancanor8hwta
-M0,CP FORM 2.01 L. P.
'above-facts oonstitate the Complainants basis for believing that the above-named Defendant, on
19J6_at_
e above-named County, committed the following described
OPERATING A RECREATIONAL CAMPINcPjuUS^'^^finOUT A LICENSE
i
Dead Lake TovmshlpJune8thday of (Locationl
Charge:------------------------------—----------------—--------------------------------------------------------------------
In violation of Section: Otter^Tail Co. Manufactured Home Parks and Recreational Camping Areas
rdinance II.I., IV.A. and VI, and Otter Tail Co. Administrative Ordinance III.A. and IV.A.
2nalty: 0-90 days and/or $700.00 fine
iat at the above stated time and place and within the jurisdiction of this Court, one
ILLIAM BARNICK, then and there being, hereinafter referred to as the defendant, did
Lllfully, wrongfully and unlawfully engage in the operation of a recreational camping area
Ithln this county without first obtaining a license therefor from the Otter Tall County
apartment of Health, contrary to the form of said ordinance made and provided and against
le peace and dighlty of the State of Minnesota.
!
'TO THE DEFENDANT FURTHER DID:
COUNT II.
OPERATING A CLUSTER DEVELOPMENT WITHOUT A CONDITIONAL USE PERMIT, in violation oflarge:;ter Tail County Shoreland Management Ordinance III.3, IV.1, and VI.7
analty:0-90 days and/or $700.00 fine
: .lat at the above stated time and place and within the jurisdiction of this Court, one
CLLLAM BARNICK, then and there being, hereinafter referred to as the defendant, did
Lllfully, wrongfully and unlawfully operate a cluster development without first obtaining
conditional use permit therefor, contrary to the form of said ordinance made and provided
id against the peace and dignity of the State of Minnesota.
rf
'
A
f
i ■
. t
*••i '
THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release where
applicable.
(1) be arrested or that otiier lawful steps be taken to obtain Defendants appearance in court; or
(2) be detained, if already in custody, pending furtho' proceedings;
and that said Defendant otherwise be dealt with according to law.
ated:
¥
!•■
1
1£.Complainant__
Being duly authorised to prosecute the offense charged, I hei itry appi
V-i
ergus Falls, MN 56537avid J. Hauser, Asst. Otter Tall County Attorney, Courthouse;
Hna*c«liag Attim„r N«k ^fa^hwNoT
' TgV~.~V~-'**'W ■•"'ra'irr -rsy 11 SgT?
minnesota department of health
717 s.e. detaware st.p.o. box 9441 minneapolis 55440(2ii];
(612) 623*5000
July 2, 1986
Ms. Janet Barnick
Pocahontas Resort
Dent_, Minnesota 56528
Dear Ms. Barnick:
This is in reply to your letter of June 25, 1986.
The following persons have been assigned inspectionrduties for
resorts in Ottertail County from 1967 through 1983; Phil Holman-retired,
Ron Weaver-retired, Larry Kerkow-retired, Richard Astrup-currently
working out of our Fergus Falls District Office, Greg Boole-currently
working out of our Fergus Falls District Office.
We no longer have copies of inspection reports on establishments
located in Ottertail County. As you are probably aware, Ottertail
County was delegated the'1icensing and inspection authority beginning
January 1, 1984. All our previous records were turned over to the
county. In any case, we would not have had records dating back to
1967. We only retain inspection reports for a five year period.
If we can provide you with any other information, please communicate
with us at 612/623-5335.
Sincerely yours,
/ :
Charles B. Schneider, R.S., Chief
Environmental Field Services
CBS/lw
cc: Gary Otnes
Dick Astrup
M. Fred Mitchell
Greg Boole
an equal opportunity employer
:—T'. -Tr •
STATE OF MINNESOTA
Department of Public Safety
State Fire Marshal Division
Date;
// '
Time:
EXIT INTERVIEW
Name:Phone:P0 (Z ^ o . r r'*1 5
Address:b e 77 / ^/f/ /■
Owner of Premises:/?///R a 'n.c Kal
In accordancervvith the provisions of Minnesota Statute 299F.011, Minnesota Uniform Fire Code, inspection of
the above premises was completed and the following violations and/or deficiencies were noted requiring corrective
action:
Code Violation Summary Deficiency and Corrective Action
S /f « ''
/p6- e -3 7 ^
^ CoS i ^ c i ^ ■
/>? ec I S C
C C-^ <—
^ c>d.c> c.^
Ci f >1 Q > j
o^>/c
-P9 ’
Frank E. Dowzak
State Fire Inspector
State Fire Marshal Division
Market House
269 East 5th Street
St. Paul. Minnesota 55101
Phone; (612) 296-7641
Home: (218) 736-4040
! '.
• NOTE • Signatures indicate receipt of copies
Owner/RepresentativeFor further assistance please
contact the Fire Inspector at
the following number: 3^/F-' 'TJ'C - ^ C o
fire Imptctor, Fire Marshal DivisionFire Chief/Representative
/-)n
Distribution; White — Owner/Representative; Canary — Fire Chief/Representative;
Pink — Division Office; Gold •— State Fire InspectorPS-C»057-02
T-
—r- r-T—wr