HomeMy WebLinkAboutScenic Point Resort_10000130089012_Conditional Use Permits_12-13-2000OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1 hereby certify that
this instrument # _
was filed/recorded in this office
for record on the ^—day of 'x
2001 at 2.QQ am/gmj
880857
880857
well certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739 - 2271
ilSiCOMPLETE THIS APPLICATION IN BLACK INK******D. OOApplication Fee
Receipt Number
DAYTIME PHONE 218-86A-5748Terry Cnlton and BrP-nda RiirfnnPROPERTY OWNER
39896 195th Street, Clitherall, MN 56524ADDRESS
Clitherall RDLAKE CLASSLAKE NAMELAKE NUMBER
SECTION___13 132 RANGE 40 TOWNSHIP NAME ClitherallTOWNSHIP
FIRE/LAKE I.D. NUMBER 39896 195th StPARCEL NUMBER
Part of Govt. Lot 2, Secton 13, Township 132, Range 40
LEGAL DESCRIPTION
CONDITIONAL USE PROJECT REQUESTED (3) Cluster Development
EXPLAIN YOUR REQUEST
Split Seenic Resort into dual ownership as per survey; to include
10 X 40 porch at cabin #9; 40 x40 addition to lodge; 40 x 60 cabin in
exchange for vacating pad 11; 40 x 100 pole barn 20 feet from SW
boundary; owners unit 20 feet from North line and 30 feet from east line
16 X 22 addtion to cabin #1,
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.
/DATESIGNATURE OF PROPERTY OWNER
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APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Daten"ime Of Hearing)
BK-0299-006
294,913 • Victor Lundefii Co., Printar • Fargua Falls. Mtnnasota
@ ////7/90
L & R Officill/DateAccepted By Land & Resource
IA~(d~dODate Of Planning Commission Hearing Time
Planning Commission Motion
April 18. 2001 •
December 13, 2000 / Tabled: A motion by Trites, second by Lachowitzer to table the Application
to the February Meeting, per the Applicant’s request, to allow the Applicant time to come-up with
a plan that will: 1. Minimize variance requirements. 2. Reduce the total number of dwelling units.
3. Provide a drawing that more accurately depicts the location of the 34 units.
February 14, 2001 / Tabled : A motion by Estes, second by Boyer to table the request to March
14, 2001 as requested by the Applicant. (Bill Kalar read a letter from Terry Colton requesting his
Application be rescheduled to March 14, 2001.)
March 14, 2001 / Tabled: A motion by Boyer, second by Maske to table to April 18, 2001 as
requested by the Applicant.
April 18, 2001: A motion by Schwartz, second by Boyer to deny the request as presented since
the request exceeds the Ordinance standards.
Chairman/Otter Tail County Planning Commission
County Board Action
_____Approved As Recommended
Denied As Recommended
Other
Pinal A61
Iprfian^tter Ir^il^CountvTBo^d of Commissioners
Chai Date of tion
i)£ni eOCONDITIONAL USE PERMIT #
L & R Officia I/Date
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)No V,
j uyR Official/Date
V
Copy of Application Mailed to Applicant And MN DNR 'w
1 i
I Bill kalar - 20010424.doc Page 7
OTC Board of Commissioners’ Minutes
April 24, 2001
Page 7
Dale Hintzler spoke in support of Mr. Schmidt’s tubing business and stated that they have worked
hard to do it right. Beverly Drager, Otter Tail River property owner, stated that her residence is
near the proposed site and expressed opposition because of the large number of tubers and
environmental issues with an engine repair shop. Ron Drager spoke in opposition. Bea
Richardson, owner of the Riverfront Lounge property, stated that at first the business was
regulated but now it is not. Larry Johnson has sold tubes (maximum of 50 per day) from 1991
through 1996. He stated that there were no complaints. Now, Mr. Schmidt has too many tubes
going down the river and it is upsetting the surrounding property owners.
Chair Froemming closed comments from the floor. Commissioners discussed the issue further;
specifically, the issue that the CUP request has changed from the original request. Commissioner
Lee and Mosher withdrew the motion and second respectively. Motion by Froemming, second by
Nelson, to deny a Conditional Use Permit to establish a one-man automotive/small engine repair
shop and relocate tube rental business as recommended by the Planning Commission. The
property is described as S 181.5' of Lot 7 ex W 413’ (lAc), Beg 413’ E & 231.5’ NLY from SW cor
GL 7, SLY 50’, ELY 155’ to waters edge, NLY 50’ WLY to beg (.18 Ac), Section 36 of Maine
Township and Lot 2 N of Hwy ex W413’ (.34 Ac), Section 1 of Sverdrup Township; Otter Tail River
(56-OTR). Chair Froemming called for a roll call vote:
Commission District 5 Block Yea
Commission District 2 Lee Yea
Commission District 4 Froemming Yea
Commission District 1 Nelson Yea
Commission District 3 Mosher Abstain
Conditional Use Permit - Sandra Brownstein:
Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use Permit
to build a driveway to proposed building sites with conditions as recommended by the Planning
Commission. The property is described as Pt GL 4, Section 9 of Candor Township: Leek
(Trowbridge) Lake (56-532).
Conditional Use Permit - Sally A. Cavalier:
Motion by Lee, second by Mosher, and unanimously carried to deny a Conditional Use Permit to
prepare for a future walk-out type basement home as recommended by the Planning Commission.
The property is described as Lot 3, BIk 1, Haven Hills First Addition, Section 2 of Dora Township;
Loon Lake (56-523).
Conditional Use Permit - Scenic Point Resort/Terry Colton & Brenda Burton:
Mr. Kalar stated that this request is to split an existing cluster development into two cluster
developments. Motion by Block, second by Lee, to deny a Conditional Use Permit to split Scenic
Point Resort as recommended by the Planning Commission. The property is described as Part
Gov Lot 2, Section 13 of Clitherall Township; Clitherall Lake (56-238). Mr. Kalar further discussed
the formula used to determine maximum density numbers. Based on Otter Tail County’s SMO, the
county has been applying the computations correctly.
OTTER TAIL COUNTY PLANNING COMMISSION
otter Tail County Courthouse, Fergus Falls, MN 56537 218-739-2271 Ext. 225
April 25. 2001
Meeting of the Otter Tail County Planning Commission was held on April 25, 2001 at 7:00
P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota.
Roll Call:
Members Present: Linda Bergerud, Rod Boyer, Les Estes, Frank Lachowitzer, Joe
Maske, Bert Olson, Robert Schwartz, Richard Sha, David Trites and Leona Zimmerman.
Member Absent: None.
Michelle Eldien represented the County Attorney's Office and Bill Kalar represented the
Land & Resource Management Office.
Minutes of April 11. 2001: A motion by Schwartz, second by Lachowitzer to approve
the April 11, 2001 Minutes as corrected (Pleasant Grove First Addition, Otter Tail Lake
(56-242) should read “second by Trites"). Voting: All members in favor.
Minutes of April 18. 2001: A motion by Boyer, second by Schwartz to approve the April
18, 2001 Minutes with an addition of “for two cluster developments”, (the motion should
read - “to deny the request as presented since the request exceeds the Ordinance
standards for two cluster developments.”) to the motion on Scenic Point Resort, Clitherall
Lake (56-238). Voting: All members in favor.
No Formal Action: . Bill Kalar informed the Planning Commission of the following:
1. After the last Meeting, he contacted Bruce Winterfelt, DNR Trails & Waterways
and found that there are 25 public accesses on lakes of 51 to 289 acres
(Belmont Lake (56-237) is 275 acres) in Otter Tail County.
2. After the last Meeting he contacted Russ Schultz, DNR Shoreland Hydrologist
and found that when the density calculations for cluster developments are
calculated in Otter Tail County, our Shoreland Management Ordinance is more
restrictive than the State standards. Mr. Schultz informed Mr. Kalar that he does
calculate the density correctly (requiring the doubling of lot size for the 2"'* and
beyond tiers on all lakes).
Twin Pines Resort / Charlotte & Richard Burns - Tabled:
A Conditional Use Permit Application to sell off 360’ of lakeshore and land of our
property. Twin Pine Resort and about 20 acres of land joining same property. (23 acres
to buyer and we have 13 acres.) We have been business 30 years and are ready to
retire but would like to keep our home and live there. We feel that this would be an
amicable solution for us and the buyers we have found. Please consider this as a
positive improvement. Buyer will have 360’ of lakeshore, we would have 540’ of
Planning Commission
April 18, 2001
Page 6
Scenic Point Resort/Terrv Colton & Brenda Burton - Denied:
A Conditional Use Pernnit Application to split Scenic Point Resort into dual ownership as
per survey (on file at Land & Resource Management, Courthouse, Fergus Falls); to
include 10 x 40 porch at cabin #9; 40 x 40 addition to lodge; 40 x 60 cabin in exchange
for vacating pad 11; 40 x 100 pole barn 20 feet from SW boundary; owners unit 20 feet
from north property line and 30 feet from east line and a 16 x 22 addition to cabin #1.
The property is described as Part Gov Lot 2, Section 13 of Clitherall Township; Clitherall
Lake (56-238), RD.
December 13, 2000 / Tabled: A motion by Trites, second by Lachowitzer to table the
Application to the February Meeting, per the Applicant’s request, to allow the Applicant
time to come-up with a plan that will: 1. Minimize variance requirements. 2. Reduce the
total number of dwelling units. 3. Provide a drawing that more accurately depicts the
location of the 34 units.
February 14. 2001 / Tabled : A motion by Estes, second by Boyer to table the request to
March 14, 2001 as requested by the Applicant. (Bill Kalar read a letter from Terry Colton
requesting his Application be rescheduled to March 14, 2001.)
March 14. 2001 / Tabled: A motion by Boyer, second by Maske to table to April 18, 2001
as requested by the Applicant.
Brenda Burton & Terry Colton represented the Application.
Les Estes requested to abstain.
Motion: A motion by Schwartz, second by Boyer to deny the request as presented since
the request exceeds the Ordinance standardsx Voting: All members in favor, except
Estes abstained.ir u'C !■’!' ■'
aL- r-n
Adjourn: A motion by Sha, second by Bergerud to adjourn the meeting at 11:50 P.M.,
the next meeting is scheduled for April 25, 2001.
Respectfully submitted.
Marsha Bowman
Recording Secretary
lec^H-~lWVNAPRIL 2. 2001
MEMBERS OF THE OTTER TAIL PLANNING COMMISSION.
RE; SCENIC POINT RESORT SPLIT
DEAR BOARD MEMBER,
ENCLOSED, PLEASE FIND THE SCENIC POINT RESORT MAP THAT MR. TRITES REQUESTED
SHOWING THE SPR CABIN LOCATIONS AND CAMP SITES.
YOU WILL ALSO FIND THE ENLARGED COPY OF THIS MAP IN THE LAND AND RESOURCE
OFFICE AS IT HAS BEEN THERE FOR PUBLIC VIEWING SINCE 1990.
AS YOU ARE AWARE, I HAVE REQUESTED THAT I BE PERMITTED TO SPLIT THE RESORT IN
TO TWO SEPARATE BUSINESSES WITH NO CHANGE OF MY EXISTING PERMITS FROM 1986,
1990, AND 1996.
THIS REQUEST FOR A SPLIT ALSO HAS NO CHANGE OR EFFECT ON:
1) LAND USE - IT WILL CONTINUE TO OPERATE AS A RESORT/CAMPGROUND.
2) DENSITY - IN 1986 JUDGE STRINGER MADE THE MOTION AND ROGER FLEMMING
SECONDED THAT SCENIC POINT RESORT BE PERMITTED A TOTAL OF 34 UNITS TO "BE
USED AS SEEN FIT" AND TO INCLUDE A SECOND RESIDENCE AND A LODGE.
THIS MOTION WAS VOTED BY "ALL MEMBERS IN FAVOR" INCLUDING DAVID TRITES, BERT
OLSON, FRANK LACHOWITZER AND ROBERT SCFIWARTZ.
0 THIS EXACT PERMIT WAS REAFFIRMED BY THE EXSISTING BOARD 12 YEARS LATER. THE
NUMBER OF EXSISTING UNITS HAS NOT CHANGED!
3) SHORELINE AND ACERAGE - SHORELINE HAS NOT CHANGED BUT ADDITONAL GROUND
HAS BEEN SECURED SINCE THE 1986 PERMIT PROVIDING EVEN MORE SPACE.
THE ONLY CHANGES THIS NEW PERMIT WILL MAKE IS IN IT’S LEGAL DESCRIPTION AND
NAME CHANGE TO "SCENIC POINT RESORT" AND "SCENIC POINT RETREAT"
THERE ARE FIVE RESORT / CAMPGROUNDS ON CLITHERALL LAKE. AFTER SCENIC POINT IS
SPLIT IN TWO, SCENIC POINT RESORT AND SCENIC POINT RETREAT WILL STILL BE THE
TWO LARGEST RESORTS ON THE LAKE HAVING THE MOST SHORELINE AND THE MOST
ACRES RESPECTIVELY.
WITH THESE FACTS IN MIND, WHAT COULD POSSIBLY PREVENT YOU FROM SUPPORTING
THIS MOTION? WHAT RATIONAL GROUNDS WOULD YOU USE TO DENY IT?
LES ESTES HAS A CLEAR AGENDA, ELIMINATE ANY CAMPING COMPETITON FROM
GLENDALOUGH. IT’S NOT ENOUGH TO USE STATE DOLLARS TO COMPETE WITH THE .
PRIVATE SECTOR, NOW WE HAVE TO BEAT THE PERMIT SYSTEM INORDER TO GROW.
LOOK AT YOUR AGENDA. HOW MANY RESORTS ARE BEING FORCED TO DIVERSIFY OUT OF
THE RESORT BUSINESS BECAUSE OF HIGH TAXES AND AN ARROGANT PLANNING
COMMISSION THAT BURIES THEM IN NEEDLESS AND UNJUSTIFIED REGULATIONS THAT
HAVE NO PURPOSE OTHER THAN TO SATISFY A MISAPPLIED NEED FOR POWER.
THIS PERMIT IS VERY SIMPLE. WITH THE AMOUNT OF SHORELINE AND ACRES, THE
EXSISTING 34 PERMITS IS A COMPROMISE BETWEEN THE MINIMUM AND MAXIMUM
NUMBER OF DWELLING ALLOWED. COMPROMISE, SOMETHING THAT IS PRACTICED AT
EVERY PLANNING COMMISSION MEETING AND WAS AGREED TO BY THE COUNTY AND
MYSELF WHEN THIS PERMIT WAS GRANTED UNDER THESE TERMS, "FOR AN ADDITIONAL
23 UNITS TO BE USED AS SEEN FIT. WOULD INCLUDE LODGE AND SECOND RESIDENCE".
IT IS THIS AGREEMENT THAT WE HAVE BASED OUR INVESTMENTS ON WITH THE
PURCHASE OF ADDITIONAL LAND SO THERE COULD BE TWO SEPARATE SEPTIC SYSTEMS,
SEPARATE WELLS AND WATER SYSTEMS, TWO ACCESS ROADS AND SEPARATE DOCKING
AREAS. IT IS ALSO TFHS AGREEMENT THAT HAS PROPELLED MY ASSESSED VALUE TO
MORE THAN 300 PER CENT OF IT'S VALUE IN 1986.
THERE IS NOTHING REVOLUTIONARY ABOUT THIS RESORT SPLIT. WITH SCENIC POINT
RETREAT, WE HAVE THE OPPORTUNITY TO OPERATE IT AS A PRIVATE RESORT AND WHEN
THE TIME COMES, BE ABLE TO LEAVE GIVE MY DAUGHTERS THEIR OWN PLACE ON
CLITHERALL LAKE.
SCENIC POINT RESORT CAN CONTINUE TO OPERATE AS IT HAS SINCE 1884
(OVER 100 YEARS) A QUIET LAID BACK RESORT ON A POINT IN CLITHERALL LAKE.
THIS SPLIT IS NO DIFFERENT THAN EXAMPLED BY THE SPLIT OF "ROSE RIDGE RESORT"
TEN MONTHS AGO. THAT WENT THROUGH UNCONTESTED.
THE REQUESTED POLE BARN WELL SIT IN THE 50' BUFFER BUT IT HAS AN ADDITIONAL
BUFFER OF 66' BECAUSE IT FRONTS THE TOWNSHIP ROAD AS DOES THE NEIGHBORS BARN.
ACROSS THE LAKE AT "OLD TOWN CAMP" A NEW BARN WAS APPROVED AND SETS IN THE
BUFFER ZONE ADJACENT TO A RESIDENTIAL LOT. YOU MUST ASK YOURSELF AS I DO, WHY
IS MY REQUEST EVEN BEING QUESTIONED WITH THESE TWO NEW PERMITS ALREADY
GRANTED?
THIS IS A SIMPLE ISSUE THAT HAS BEEN BLOWN INTO SOMETHING IT'S NOT.
I AM HOPING THAT OVER THE PAST SEVERAL MONTHS YOU HAVE HAD TIME TO
RECONSIDER AND IF YOU WOULD LIKE TO MEET AND REVIEW THE PLANS, I WOULD BE
MORE THAN HAPPY TO DISCUSS IT AND ANSWER ANY OF YOUR QUESTIONS. PLEASE GIVE
ME A CALL.
THANK YOU FOR YOUR TIME,
TERRY COLTON
39896 195TH ST
CLITHERALL, MN. 56524
218-864-5748
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OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT
121 W. JUNIUS, FERGUS FALLS, MN 56537 (218) 739-2271
March 16, 2001
Scenic Point Resort
Terry Colton & Brenda Burton
39896 195‘" St
ClitheralIMN 56524
RE: Conditional Use Application, Clitherall Lake (56-238)
Dear Terry Colton & Brenda Burton:
Enclosed please find a copy of the Planning Commission Minutes from their March 14, 2001
Meeting. As indicated in the motion, your Application was tabled to their April 18, 2001
meeting as per your request.
Once the agenda has been set, we will fonward you a copy.
If you have any questions, please contact our Office.
Sincerely, ^
Marsha Bowman
Recording Secretary
PC:ltr-tbld
Planning Commission
March 14, 2001
Page 2
Bill Kalar read a letter from Sandra Brownstein requesting her Application be tabled to
April.
Motion: A motion by Boyer, second by Bergerud to table the Application to April 18,
2001 as requested by the Applicant.
Voting: All members in favor.
Scenic Point Resort/Terrv Colton & Brenda Burton - Tabled to April 18. 2001:
A Conditional Use Permit Application to split Scenic Point Resort into dual ownership as
per survey (on file at Land & Resource Management, Courthouse, Fergus Falls); to
include 10 x 40 porch at cabin #9; 40 x 40 addition to lodge; 40 x 60 cabin in exchange
for vacating pad 11; 40 x 100 pole barn 20 feet from SW boundary; owners unit 20 feet
from north property line and 30 feet from east line and a 16 x 22 addition to cabin #1.
The property is described as Part Gov Lot 2, Section 13 of Clitherall Township; Clitherall
Lake (56-238), RD.
December 13. 2000 / Tabled: A motion by Trites, second by Lachowitzer to table the
Application to the February Meeting, per the Applicant’s request, to allow the Applicant
time to come-up with a plan that will: 1. Minimize variance requirements. 2. Reduce the
total number of dwelling units. 3. Provide a drawing that more accurately depicts the
location of the 34 units.
February 14. 2001 / Tabled : A motion by Estes, second by Boyer to table the request to
March 14, 2001 as requested by the Applicant. (Bill Kalar read a letter from Terry Colton
requesting his Application be rescheduled to March 14, 2001.)
Bill Kalar indicated that the Land & Resource Management Office received a phone call
from Brenda Burton that they had a medical emergency in the family and requested their
Application be tabled to April.
Motion: A motion by Boyer, second by Maske to table to April 18, 2001 as requested by
the Applicant.
Voting: All members in favor.
Viking Resort / William & Janet Schicker - Withdrawn:
Bill Kalar informed the Planning Commission that Otter Tail County has been notified that
there has been an Environmental Assessment Worksheet (EAW) filed on the Viking
Resort (Otter Tail Lake (56-242) / Walker Lake (56-310)) project. He then read a letter
from Janet Schicker requesting their Conditional Use Application, which was tabled at the
December 13, 2000 meeting to the May, 2001 meeting, be withdrawn.
Motion: A motion by Maske, second by Schwartz to accept the withdrawal as requested
by the Applicant.
Voting: All members in favor.
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SCENIC POINT RESORT
TERRY & BRENDA COLTON 218-864-5748
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JANUARY 11,2001
LAND AND RESOURCE MANAGEMENT
121 W. JUNIUS
FERGUS FALLS, MN. 56537
RE; CONDITIONAL USE APPLICATION, CLITHERALL LAKE (56-238)
DEAR MARSHA BOWMAN,
AS PER OUR CONVERSATION THIS MORNING, I AM CONFIRMING IN WRITING MY REQUEST
TO HAVE MY PERMIT APPLICATION THAT WAS TABLED AT THE DECEMBER PLANNING
COMMISSION MEETING, TO BE RESCHEDLUED FOR MARCH 14,2001.
I WILL AWAIT YOUR CONFIRMATION OF THIS TIME.
XTHANK YOU,
LTERRY COLTON
SCENIC POINT RESORT
39896 195TH ST
CLITHERALL, MN. 56524
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OTTER TAIL COUNTY PLANNING COMMISSION
218-739-2271 Ext. 225Otter Tail County Courthouse, Fergus Falls, MN 56537
February 14, 2001
Meeting of the Otter Tail County Planning Commission was held on February 14, 2001 at
7:00 P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota.
Roll Call:
Members Present: Rod Boyer, Les Estes, Joe Maske, Bert Olson, Robert Schwartz,
Richard Sha, David Trites (7:05) and Leona Zimmerman.
Members Absent: Linda Bergerud and Frank Lachowitzer.
Bill Kalar represented the Land & Resource Management Office.
Board of Adjustment Members present: Steve Schierer, Cecil Femling and Mark Steuart.
Minutes of December 13. 2000:
A motion by Estes, second by Schwartz to approve as presented.
Voting: All members in favor.
Scenic Point Resort/Terrv Colton & Brenda Burton - Tabled To March 14. 2001:
A Conditional Use Permit Application to split Scenic Point Resort into dual ownership as
per survey (on file at Land & Resource Management, Courthouse, Fergus Falls); to
include 10 x 40 porch at cabin #9; 40 x 40 addition to lodge; 40 x 60 cabin in exchange
for vacating pad 11; 40 x 100 pole barn 20 feet from SW boundary; owners unit 20 feet
from north property line and 30 feet from east line and a 16 x 22 addition to cabin #1.
The property is described as Part Gov Lot 2, Section 13 of Clitherall Township; Clitherall
Lake (56-238), RD.
Motion - December 13, 2000: A motion by Trites, second by Lachowitzer to table the
Application to the February Meeting, per the Applicant’s request, to allow the Applicant
time to come-up with a plan that will: 1. Minimize variance requirements. 2. Reduce the
total number of dwelling units. 3. Provide a drawing that more accurately depicts the
location of the 34 units.
Bill Kalar read a letter from Terry Colton requesting his Application be rescheduled to
March 14, 2001.
Motion: A motion by Estes, second by Boyer to table the request to March 14, 2001 as
requested by the Applicant.
Voting: All members in favor.
Election of Officers for 2001: A motion by Maske, second by Trites to reelect the 2000
Officers for 2001 - Chairman / Bert Olson, Vice Chairman / Les Estes, Secretary / Leona
Zimmerman.
Voting: All members in favor.
Scenic Point Resort/Terrv Colton & Brenda Burton - Tabled To February:
A Conditional Use Permit Application to split Scenic Point Resort into dual ownership as
per survey (on file at Land & Resource Management, Courthouse, Fergus Falls); to
include 10 x 40 porch at cabin #9; 40 x 40 addition to lodge; 40 x 60 cabin in exchange
for vacating pad 11; 40 x 100 pole barn 20 feet from SW boundary; owners unit 20 feet
from north property line and 30 feet from east line and a 16 x 22 addition to cabin #1.
The property is described as Part Gov Lot 2, Section 13 of Clitherall Township; Clitherall
Lake (56-238), RD.
Brenda Burton and Penn Brandberg (attorney) represented the Application.
Rodney Heinz had questions regarding - the impervious surface, the closeness to the
lake (cabin #9 is only 30’ to 40’ back from the lake/the proposed 40’ x 60’ is very close to
the lake), how they can request an addition to a structure that does not exist, the
substandard lotline setback for the pole building and he also stated that he was not
notified when Variance Applications were being considered.
Motion: A motion by Trites, second by Lachowitzer to table the Application to the
February Meeting, per the Applicant’s request, to allow the Applicant time to come-up
with a plan that will: 1. Minimize variance requirements. 2. Reduce the total number of
dwelling units. 3. Provide a drawing that more accurately depicts the location of the 34
units.
Voting: All members in favor.
OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT
121 W. JUNIUS, FERGUS FALLS, MN 56537 (218) 739-2271
December 18, 2000
Scenic Point Resort
Terry Colton and Brenda Burton
39896 195‘^ St
Clitherall MN 56524
RE; Conditional Use Application, Clitherall Lake (56-238)
Dear Terry Colton and Brenda Burton:
Enclosed please find a copy of the Planning Commission Minutes from their December 13,
2000 Meeting. As indicated in the motion, your Application was tabled to their February,
2001 meeting.
Once the agenda has been set, we will fon/vard you a copy.
If you have any questions, please contact our Office.
Sincerely,
Marsha Bowman
Recording Secretary
PC:ltr~tbld
Planning Commission
December 13, 2000
Page 3
Otter Tail Beach Club, Inc. - Approved With A Condition:
A Conditional Use Permit Application for Carl Rudolph / Replacement of manufactured
mobile home 12’ x 58’ Alantic 1976 to a 14’ x 70’ newer one; J. Karen Baumont / Replace
manufactured home Liberty 14’ x 60’ for a 14’ x 70’ later model. The property is
described as Pt of GLs 3 & 5 (2.5 Ac), Section 12 of Amor Township; Otter Tail Lake (56-
242), GD.
Karen Baumont and Anna Rudolph represented the Application.
Steve Schierer (Board of Adjustment Member) indicated a variance was approved at their
November Meeting for a sideyard setback, provided the impervious surface meets the
Shoreland Management Ordinance requirements.
Motion: A motion by Trites, second by Sha to approve as requested, provided that the
impervious surface requirements of the Shoreland Management Ordinance are met.
Land & Resource Management must verify (onsite) compliance after the snow melts.
Voting: All members in favor.
Break: At 8:10 p.m., the Commission took a 10 minute break.
Scenic Point Resort/Terrv Colton & Brenda Burton - Tabled To February:
A Conditional Use Permit Application to split Scenic Point Resort into dual ownership as
per survey (on file at Land & Resource Management, Courthouse, Fergus Falls); to
include 10 x 40 porch at cabin #9; 40 x 40 addition to lodge; 40 x 60 cabin in exchange
for vacating pad 11; 40 x 100 pole barn 20 feet from SW boundary; owners unit 20 feet
from north property line and 30 feet from east line and a 16 x 22 addition to cabin #1.
The property is described as Part Gov Lot 2, Section 13 of Clitherall Township; Clitherall
Lake (56-238), RD.
Brenda Burton and Penn Brandberg (attorney) represented the Application.
Rodney Heinz had questions regarding - the impervious surface, the closeness to the
lake (cabin #9 is only 30’ to 40’ back from the lake/the proposed 40’ x 60’ is very close to
the lake), how they can request an addition to a structure that does not exist, the
substandard lotline setback for the pole building and he also stated that he was not
notified when Variance Applications were being considered.
Motion: A motion by Trites, second by Lachowitzer to table the Application to the
February Meeting, per the Applicant’s request, to allow the Applicant time to come-up
with a plan that will: 1. Minimize variance requirements. 2. Reduce the total number of
dwelling units. 3. Provide a drawing that more accurately depicts the location of the 34
units.
Voting: All members in favor.
From the Office Of
Paul W. Klausen, d.d.s.
COSMETIC & GENERAL DENTISTRY
Telephone 612/333-1066
dec.
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COSMETIC & GENERAL DENTISTRY
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Alberg, Russ
BRET OLSON-—CHAIRMAN OTC PLANNING COMISSION
CONDITIONAL USE PERMIT-SCENIC POINT RESORT DATED 11-29-00
To:
Subject:
BRET OLSON-
MY NAME IS RUSS ALBERG, AND I AM RESPONDING TO THE SUBJECT REQUEST ON BEHALF OF MY
MOTHER, CHARLOTTE BARNACK, WHOSE LAND BOARDERS SCENIC POINT BOUNDARIES TO THE EAST
AND NORTH.
I UNDERSTAND THAT A DECISSION WILL NOT BE REACHED ON THE SUBJECT REQUEST UNTIL
SOMETIME IN FEBRUARY, 2001. I WAS UNABLE TO ATTEND THE 12-13-2000 MEETING, BUT I
UNDERSTAND THAT THE DUEL OWNERSHIP REQUEST WOULD BE TO SPLIT THE RESORT AND SELL
THE CABINS SEPERATELY.
I WOULD REMIND THE PLANNING COMMISSION THAT CHARLOTTE BARNACK ALSO BROUGHT A LIKE
REQUEST TO SPLIT THE RESORT BEFORE THE PLANNING COMMISSION IN 1978, PRIOR TO THE TIME
SHE SOLD THE RESORT TO JIM HALLBERG IN 1979. THE REQUEST WAS DENIED BECAUSE OF LOT
SIZES THAT DID NOT MEET REQUIREMENTS (I AM SURE THE COUNTY HAS THIS REQUEST ON FILE).
WE ARE OBVIOUSLY AGAINST ANY DEVELOPMENT THAT WOULD RESULT IN MORE CONGESTION TO
THE AREA. IF THE SPLIT UP OF THE RESORT IS APPROVED, WE WOULD ASK WHY NOW, AND NOT IN
1978 ? WE BELEIVE THE ORDINANCES SHOULD APPLY TO EVERYONE EQUALLY!
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Page 1
4
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Alberg, Russ
re:c:;t:EDBRET OLSON
DECEMBER 13, 2000 CONDITIONAL USE PERMIT-TERRY COLTON
To:
Subject:DEC - 8 2000
BRET OLSON--
My name and address is Russell Alberg; 7374 72nd street, Monticello, MN,
55362
I am writing on behalf of my mother, Charlotte Barnack, whose farm and lakeshore boarders Scenic Point
Resort's northern and eastern property lines.
As might be expected, Mrs. Barnack is concerned about development along these boarders that would deflate the
value of her property. She would not be in agreement with development that did not meet Otter Tail County
Shoreline Management ordinances. We would request that the Planning Commission take into consideration the
potential future development of the Barnack property that lies between the resort and the lake.
Please confirm that the survey presented to the county by Terry Colton does not include any property owned by
Charlotte Barnack. Terry Colton claims that a portion of the Barnack farm is his via adverse posession. The case
is in Otter Tail County District Court and is active. The case number is 56-C1-99-001654.
LAND & RESOURCE
Page 1
i
ij
Alberg, Russb
•:BRET OLSON
CHARLOTTE BARNACK
DECEMBER 13, 2000 CONDITIONAL USE PERMIT-TERRY COLTON
To:
Cc:. Subject:
:
BRET OLSON--
My name and address is Russell Alberg; 7374 72nd street, Monticello, MN,
55362
I am writing .on behalf of my mother, Charlotte Barnack, whose farm and lakeshore boarders Scenic Point
Resort"s horthern and eastern boarders.
As rhight be expected, she is concerned about development along these boarders that would deflate the value of
her property. She would ask you folks to represent her property rights and value as well as those of the Terry
Colton. She would not be in agreement with development that did not meet Otter Tail County Shoreline
I f : Management ordinances.
We would also ask that the survey presented to the county by Terry Colton be the same as the deeded survey for
the resort. Terry Colton claims that a portion of the Barnack farm is his-via adverse posession. The case is in
Otter Tail County^ District Court and is active. The case number is 56-C1-99-001654.
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J. Scott Early
5704 Chadwick Place
Sioux Falls, SD 57106
Phone 605-361-7612 Fax 605-361-0489
- 7 2000
LAND & resource
December 5, 2000
Ottertail County Planning Commission
c/o Land and Resource Management Office
Ottertail County Court House
Fergus Falls, MN 56537
Re: Conditional Use Permit - Scenic Point Resort
Dear Planning Commission Members:
I am in receipt of your notice of the public hearing scheduled for 12/13 at 8:00 P.M.. It is my
understanding that the owners of Scenic Point Resort have applied for a conditional use permit
so that they may build/remodel. As the owners of the property bordering Scenic Point Resort to
the South (Lot 1, Block 1, Clitheral Lake View), we have a vested interest in this hearing.
Unfortunately, business commitments will not allow us to attend the hearing.
We are not in favor of issuing the requested conditional use permit. Our reason is their plan to
construct a 40 x 100 pole building only 20 feet from our lot. It is our understanding that a
commercial operation cannot build within 50 feet of the property line. We see no reason to
deviate from this county requirement.
We apologize for not being able to attend this hearing. We appreciate your consideration of our
request.
Sincerely,
. Scott Early Julie A. Early
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SURVEYOR’ S CERTIFICATE
i HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT
W':4S PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT ; AM A DULY REGISTERED LAND SURVEYOR
INDER THE LAWS OF THE STATE OE MINNESOTA. DATED
THIS DOTH DAY OE OCTOBER, 1999.
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r60 30 60 1 20 360O /o
fSCALE IN FEET
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SCALE: 1 INCH = 60 FEET
BEARINGS ARE BASED ON AN ASSUMED DATUM.
■ DENOTES IRON MONUMENT FOUND.
• DENOTES IRON MONUMENT SET MARKED ” RLS 13620".
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9DAVID A. ANDERSON
LAND SURVEYOR
MINN. REG. NO.56201I A/
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INGRESS AND EGRESS EASEMENT ^
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CERTIFICATE OF SURVEY FOR:
TERRY COLTON
CONTRACT NUMBER FIELD BOOK
NDERSON LAND SURVEYING, INC.ALS-80/26283-99
313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218) 739-5268 COMPUTER FILE DRAWING NUMBER
266-94916 WASHINGTON AVENUE, DETROIT LAKES, MN 56501 (218) 847-0500
4236DISK NUMBER 56