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Home My WebLink AboutPocahontas Resort_14000070062000_Conditional Use Permits_08-15-2001889042 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # was filed/recorded in this office for rei airopm RecorderWeni I Deputyby: m recording fee well certificate 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 ******l5o-dr) DAYTIME PHONE Application Fee Receipt Number {ZdA (TowA/Ty cr) e.PROPERTY OWNE ADDRESS / LAKE NUMBER LAKE NAME 2^c:/9~a J ^ TOWNSHIP /3S“ PARCEL NUMBEROOC!<S> LAKE CLASS RANGE <P*/-0 TOWNSHIP NAME^^^zJ E-911 ADDRESS SECTION LEGAL DESCRIPTION .^cc ^otJiCcrr A /-or “s. O^C) CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) (1 ) Topographical Alteration ( 2 ) Commercial Usc|^^) Cluster Development (6 ) Forest Land Conversion ( 7 ) Miscellaneous______________________ (4) Extractive Use ( 5 ) Industrial Use EXPLAIN YOUR REQUEST /<S /) ^rc^/ot^ />7 ah/ Jc / /9~ /A/g^ Z /^o ZertrnA O^G- A~/o ^ 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- / DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-06(KM)06 301,508 • Victor (.und««n Co., Printart • Fargut Falls, Minnesota Accepted By Land & Resource L & R Official/Dke (HTimeDate Of Planning Commission Hearing Planning Commission Motion August 15. 2001: Motion: A motion by Lachowitzer, second by Schwartz to approve as presented since this mobile home replaces 2 campsites. Voting Yes: Lachowitzer, Olson, Schwartz & Trites. Voting No: Bergerud, Boyer, Maske, Sha & Zimmerman. Motion Failed, therefore the request was denied. Motion by Nelson, second by Froemming, to approve a Conditional Use Permit to allow a new mobile home (14’ x 70’) to replace two campsites as presented. The property is described as E’ly 'A of Sublot 2 of Lot 2, Section 18 of Dead Lake Township; Dead Lake (56-383). Discussion took place regarding the possibility of a variance being required because of lotline setback. Chair Froemming called for a roll call vote: Chairman/Otter Tail County Planning Commission District 5 Block YeaCounty Board Action Commission District 2 Lee Nay (would prefer to send this request back to the Planning Commission)________________Approved As Recommended Commission District 4 Froemming Yea Commission District 1 Nelson Yea___Denied As Recommended Other Commission District 3 Mosher Yea (would like a reason(s) for the recommended denial from the Planning Commission Motion carried. 1^,1 j Of Date of Final ActionChairman/Otter Tail County Board of Commissioners ii3 L & R Official/Date/ ' L.CONDITIONAL USE PERMIT # . Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) ____ ^ L&R Official/Date No Copy of Application Mailed to Applicant And MN DNR I OTTER TAIL COUNTY Conditional Use Permit# Owner’s Name CrtlUsTc SoTAuc^I •j ^ Twp. W Range ‘fO Twp. Name/^ar^,Location: Lake Sec. |H-000-|^-0(^Q- OOl1 Work Authorized: re Mac^ Z- ^M.p$(-Les Q Ald^iU l-fD^^m'>i.W l4-K OL! ii 6^Expires;Issued: Land and Resource Management Official 1. Earthmoving shall be done between 2. Entire area shall be stabilized within 10 days of the completion of any earthmoving. 3. Owner is legally responsible for all surface water drainage that may occur. 4. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of Natural Resources. 5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 6. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 7. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271, WHEN AUTHORIZED WORK HAS BEEN COMPLETED. & ! ■I i BK-1099-046 268.111 • Victor Ltfidaen Co.. Printen • Fwgu$ Falls. MN • 1-600-348-4870i Planning Commission August 15, 2001 Page 2 Pocahontas Resort - Collene C. Barnick - Denied (Motion To Approve Failed): A Conditional Use Permit Application stating: Replacing a mobile home onsite in a non complying location. Previous mobile home had been onsite for 10 years (mobile home already onsite). The property is described as E’ly /4 of Sublot 2 of Lot 2, Section 18 of Dead Lake Township; Dead Lake (56-383), NE. Collene Barnick, Joy Barnick & John Barnick represented the Application. Cheryl Zirnhelt. owner of the mobile home, stated that the previous mobile home was 12’ x 56’ and the replacement is 14’ x 70’. Motion: A motion by Lachowitzer, second by Schwartz to approve as presented since this mobile home replaces 2 campsites. Voting Yes: Lachowitzer, Olson, Schwartz & Trites. Voting No: Bergerud, Boyer, Maske, Sha & Zimmerman. Scambler Township - Approved With Conditions: A Conditional Use Permit Application to construct a grade raise, road widening and culvert replacement. Recent high water has caused erosion of the road embankment. (A typical section and proposed profile are available for viewing at the Land & Resource Mgt. Office, County Courthouse). The Township also proposes to construct a grade raise and widening on 205"’ Ave from Pelican Dr. S to a location approx. 1320’ S of said intersection. A grade raise on Ranch Road approx. 2640’ W of the intersection with CSAH 23 is also proposed. The work on 205‘" Ave in sections 13,14, 23 & 24 is the only work within 1000’ of a lake. The Township also proposes minor ditch grading and widening of the road. The proposed borrow area for the segment of 205*" Ave in sections 23 & 24 is within 1000’ of Tamarac Lake. And in sections 13 & 14 a proposed grade raise of 205*" Ave being within 1000’ of Pelican Lake. The property is described as Township Road 205*" Ave in Sections 13, 14, 23 & 24 of Scambler Township: Tamarac Lake (56-931), RD/Pelican Lake (56-786), GD. Patrick Reisnour (Interstate Engineering) and George Lyon (Scambler Township) represented the Application. Donald Johnson expressed concerns with Tamarac Lake’s elevation. Motion: A motion by Maske, second by Sha to approve as presented, provided an erosion control & a restoration plan is approved by Land & Resource prior to starting the project, allowing an extension of the September 1®* earthmoving deadline to October 15, 2001. Voting: All members in favor. Break: At 8:25 p.m., the Commission took a 5 minute break. Alexander & DiAnn Lampone - Approved With Conditions: A Conditional Use Permit Application to replace the three timber retaining walls on the lake side of our residence on Eagle Lake. The new walls will be reinforced earth masonry walls. The walls will be rocked one foot behind the wall and drain tiled out to prevent water pressure from building up behind the wall. A hand railing will be placed on the top wall. Shoring will be installed to support the three-season porch during construction. The amount of fill to be placed behind the new walls is estimated to match the amount of fill behind the existing walls. Steps from the lower patio will be constructed also. These will 1 I■I' OTTER TAIL COUNTY PLANNING COMMISSION . i .1 NOTICE OF PUBLIC HEARING 1 ; APPLICANT: Pocahontas Resort Collene C. Barnick 38034 Cty Hwy 35 Dent MN 56528 i HEARING DATE/LOCATION: August 15, 2001 at 7:00 P.M. ** Commissioner's Room, Otter Tail County Courthouse (Use the West Law Enforcement Entrance) 121 WJunius Fergus Falls; MN 56537 PROJECT DESCRIPTION (AS STATED ON THE APPLICATION): A Conditional Use Permit Application stating: Replacing a mobile home onsite in a non-complying location. Previous mobile home had been onsite for 10 years (mobile home already onsite). LAKE NAME/NUMBER/CLASS: Dead Lake (56-383), NE E-911 ADDRESS: 38034 Co Hwy 35 LEGAL DESCRIPTION: E’ly 'A of Sublot2 of Lot 2, Section 18 of Dead Lake Township ** 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.' ________________ 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, 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. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. Bert Olson August 1. 2001 Mailing DateChairman Planning Commission Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone: (218) 739-2271 Court House FERGUS FALLS. MINNESOTA 56537 !■ 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. ■i 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. Sincerely Wayne M. Roisum Inspector SjUlOl /vr^ /C€: V\bLf)T)b^ /^^3 y /fr7/n H J^-CJ2<^-^ <5^ww^- >/C-C-f-u^ H' X /JZjkM /?l,i ^3-,^■i -!^;J~juQjCj-K,oyiJf-ti —^-e^ diiry<eX>-i-'-£^yy^Jl lA-^-^ ^ ^ ~7 ^ a^a/) ^ ^<-<wrC x3J2o-<r- •A-3.Qj-utJ ^ j /5 / ^ 7 j I . ’1.; i) pit)fZ^. 4) ;2:2e zP' ^ pit) />->AA<r' J2>-^^«-B^ /VE^,^-t,,^ J2t^^ (^,s2*-#-a. .752;-*^ 7^^ 57? '3 3) <v J2f<^ _ /M-Cup J JJ^J .«sU.Xtr^ CAyr\ {ir^ri-eu^' -■ -»-^- f 1^ ■Oa-4u_ " ■■ /»^ :?:XA^Tz;^ (3^/<3/ , I? 7^ — /7) gi, ^i2»tAP<^('C 4-^1-0'"CediU ^ ^ *tA ^TJ rf^'l 4-t^ jy-oJiSA^ C00aj»T^ Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph; 218-739-2271 ■1' August 24, 2001 .-i Collene C. Bamick Pocahontas Resort 38034 Cty Hwy 35 DentMN 56528 RE: Violation #1983, Dead Lake (56-383) Dear Ms. Bamick, 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 Febmary 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 ! I Bill Kalar-20010821.doc ■pageTl ■OnUBBMnMfl \ OTC Board of Commissioners' Minutes August 21,2001 Pages regular County Board meeting. At 10:48 a.m., upon conclusion of the performance evaluation, Chair Froemming opened the meeting to the public for the remainder of the agenda items. Property, Casualty, and Workers Compensation Dividend County Coordinator, Larry Krohn, reported property, casualty, and workers compensation dividend for CY2001 at $372,908 with total premium for CY2002 at $410,941. Planning Commission Recommendations Conditional Use Permit - Steven & Kathervn Endreson: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit to complete a retaining wall beyond 100’ from the shoreline as presented. The property is described as Lot 8, Block 1, First Addition to Tradewell’s Woodlands in Section 12 of Sverdrup Township: East Lost Lake (56-378). Conditional Use Permit - “Franklin Lake Resort7Jim & Terri Usher and Michael Klindt: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit to change the use of the resort to ownership of each individual cabin with conditions as recommended by the Planning Commission. The property is described as Pt GL 3, W of Hwy Ex, S 15 Rds & Ex N 50’ in Section 26 of Dunn Township: Franklin Lake (56-759). Conditional Use Permit - “Pocahontas Resoif/Collene C. Bamick: Land & Resource Director, Bill Kalar, reported that the Planning Commission motion to recommend approval for this CUP failed: therefore, the application is recommended for denial. John Bamick, son of the applicant, requested approval of the new mobile home, as the previous mobile home had been on-site for ten years. Fie stated that the request is to reduce from twoHg'y unite to one 14’ x 70’ mobile home: therefore reducing impact on the lake. Mr. Zirnhelt, owner of the trailer, placed the trailer on the location ten years ago and put the trailer on the tax rolls. He stated that last year, a state inspector was at the resort and when asked about replacing the mobile home, he was told that it should not be a problem. He didn’t realize he needed a permit from the County. Discussion continued. Motion by Nelson, second by Froemming, to approve a Conditional Use Permit to allow a new mobile home (14’ x 70’) to replace two campsites as presented. The property is described as E’ly Vi of Sublot 2 of Lot 2, Section 18 of Dead Lake Township: Dead Lake (56-383). Discussion took place regarding the possibility of a variance being required because of lotline setback. Chair Froemming called for a roll call vote: Block YeaCommission District 5 Nay (would prefer to send this request back to the Planning Commission)_______ Commission District 2 Lee FroemmingCommission District 4 Yea Commission District 1 Nelson Yea Yea (would like a reason(s) for the recommended denial from the Planning Commission Commission District 3 Mosher Motion carried. II t. ' .MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tall County Courthouse Commissioners’ Room, Floor 1-B Tuesday, September 4, 2001 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, September 4, 2001, at 9:30 a.m. at the Otter Tail County Courthouse with Dennis Mosher, Vice-Chair; Syd Nelson, Malcolm Lee, and Bob Block present. Chairman Roger Froemming was absent until 9:50 a.m. Approval of Agenda Motion by Nelson, second by Lee, to approve the County Board agenda of September 4, 2001 with the following additions: Add Land & Resource Director, Bill Kalar • Request for Approval of Registered Land Survey Discussion - Letter from Ralph Humstad Motion carried unanimously. Approval of Minutes Motion by Block, second by Lee, and unanimously carried to approve the County Board minutes of August 28, 2001, as mailed. Correction to August 21, 2001, County Board Minutes Motion by Lee, second by Nelson, to correct the August 21,2001, County Board minutes under the heading Conditional Use Permit - “Pocahontas Resort’VCollene C. Barnick as follows: In the first paragraph, third sentence, remove the language “12’ x 56’ units” and replace with the word “campsites”. Motion carried unanimously. Approval of Lake Region Healthcare Corp. Financial Documents Lake Region Healthcare Corporation officials requested approval of financial documents to allow Lake Region Hospital to move forward with the issuance and sale of a $6,000,000 Health Care facilities revenue note to facilitate a remodeling project. County Attorney, David Hauser, stated that he reviewed the documents and found language whereby there will be no liability to the County; however, there were some missing pages in other areas. Financial Advisor, Tom Mayfield, stated that full clean copies would be provided to Mr. Hauser for his review. Motion by Nelson, second by Block, and unanimously carried to authorize the Chair’s signature to execute all financial documents relative to the $6,000,000 revenue note for the LRHC remodeling project contingent upon the approval of the County Attorney. Commissioner Block introduced the following resolution and moved its adoption contingent upon approval of the County Attorney of the financial documents for the issuance of the revenue note for the Lake Region Healthcare Corporation project: OTTER TAIL COUNTY RESOLUTION NO. 2001 -46 RESOLUTION APPROVING THE ISSUANCE AND SALE OF A $6,000,000 HEALTH CARE FACILITIES REVENUE NOTE, SERIES 2001 (LAKE REGION BONVlSia ONV 310NV 0330 83d 3N/1 dOdd-\+ Z6Z 3 XO.Z I S 31/SOW K> \\( 3Nmi^HS 01 .Z6Z - OOZGZ 3.SfJ9.Zi S ' SOUTH line of section 7-135-40 AH t all t Lot Town