HomeMy WebLinkAboutSunset Bay Resort_8087530_Variances_07-11-1996r.
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APPLICATION FOR VARIANCE♦v-Office of County RecoTer County of Otter Tail
I hereby certify that the within instrument was filed for record in this office on the / day of
at /O- 30 A M.
50(
Otter Tail County
Fergus Falls, Minnesota 56537
(218) 739-2271 00
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A.D.19
and was^uly Microfilmed as Doc # ^2t
County RecoMer
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Phone:' Owner: ^/9P>/i/2-lCA/(T~L
Last Name mFirstMiddle
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Street & No.City State Zip No.
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Legal Description:
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Parcel Number aco — /^— 0/3S' —<90/
VARIANCE REQUESTED IS:
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In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail
County.
^ Signature Of Applicant
/S 19lUApplication dated . X
■7- /r i r. „Date of hearing:Time:
MOTION AS FOLLOWS:
Motion was made by Randall Mann, seconded by Ceceil Femling and unanimously carried, to approve a variance to
expand Sunset Bay Resort by the addition of fifteen 30’ by 70’ R/V sites with the following conditions; 1. that the sites
must be strictly seasonal (units can only be placed on these sites during the period of April 1 through November 1). 2.
no skirts, decks and/or roofs can be added or constructed for use by these R/V units. It was noted that the sites will be
located in excess of 50’ from the adjacent property lines, are about 400’ from the ordinary high water level, about 200’
from the highway and located in a fairly wooded area.
Chairman
Otter Tail County Board of Adjustment
Permit(s) from Land & Resource Managfhent required:
m-' ' (Date/Initial)
NOYES
mailed copy of Application to Applicant.
BK 079B-001
277.206 • Victor Lurtd««n Co.. Primers • Fergus Fal.ls. Minnesota
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SUNSET BAY RESORT
Rt. 1, Box 96
Richville, MN 56576
This letter is to request a Variance to expand Sunset Bay
Resort (adding 20 R/V sites) because of the topography of
the land and the Natural Environment Classification of
Dead Lake creating a hardship for expansion.
All sites would be added to the second tier which will
start 400 feet back from the original high-water mark and
be placed along the existing resort road running back away
from the lake,
feet from the lake.
square feet to conform to Ottertail County and the
Minnesota Department of Health requirements,
drilling a new deep well per regulations and the septic
system will be built to conform to all codes.
The back sites will be approximately 700
All sites will be a minimum of 2000
We will be
The resort will not make many changes on the waterfront.
The resort currently uses a two-dock system to service all
7 cabins,
allowed a dock,
cluttering our shoreline and visual impact, but will have
to add a dock or two (which is still under the number of
docks allowed), and will maintain the swimming area as
currently used without expansion.
As we understand, each first-tier cabin is
We do not intend to have excessive docks
Because of the distance from the lake and lot lines of our
planned expansion, and all the tree cover, the visual
impact on the lake and adjacent neighbors will be very
minimal. We intend to try and keep the natural beauty of
the spot leaving as many of the mature trees as possible
within the area thus maintaining privacy and shade for our
guests and diminishing any visual impact. These sites
will be planted with grass and well-maintained for our
guests. Our goal with the new sites is to rent them on a
seasonal basis.
In order to keep small resorts successful and supporting
the tax base, it is important that some natural growth is
allowed.
The natural drainage of the area will be maintained as we
discussed on your visit,
run-off of surface water into the lake.
There will be no additional
Sincerely,
0
SUNSET BAY RESORT
OipuyI "'7V.V
XOtter Tail County Board of Commissionerei \
September 17,199S
Page 2
Approval of Asssssment Contract
Motion by Lee, seconded Lindquist, and unanimously carried to authorize the Chair’s signature to execute
two assessment contracts; 1) between Otter Tail County and Elizabeth Township with compensation to the
county for assessment services in the amount of $3,917.20, and 2) betw( en Otter Tail County and Everts
Township with compensation to the county for assessment ser\/ices in the amount of $6,575.20.
Sunset Bay Resort
Mr. and Mrs. Grabarkewitz appeared before the board to request clarification of last week’s decision
relative'to Sunset Bay Resort. Chair Portmann explained that the action of denial for RV sites took place
last week, but the County Board would listen to their concerns. Virginia Grabarkewitz submitted a letter
requesting consideration and approval of the seven RV sites the Planning Commission had recommended.
The Grabarkewitz’s felt that a misunderstanding occurred last v/eek and that the board did not consider the
Planning Commission recommendation of seven sites. Mrs. Grabarkewitz stated that thejy are not asking
for reconsideration, rather a clarification of the reason for denial during the meeting of September 10, 1996.
Commissioner Lindquist noted that Sunset Bay Resort’s current water front footage allows seven sites and
Sunset Bay Resort currently has eight. The area would allow ten sites-they currently have eight. General
consensus of the board clarified that there was no misunderstanding and further, the sites recommended
by the Planning Commission were denied for the following reasons; 1) environmental impact-overbuilding
(this lake is classified as an environmental lake by the Commissioner of the DNR) and, 2) the sites are in
excess of the sites allowed by the Shoreland Management Ordinance.
Recess and Reconvene
At 11:07 a.m., Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 11 ;11 a.m.
Update-Construction Projects
Rick West, Highway Engineer, updated the board regarding the progress of current construction projects
throughout Otter Tail County. The update included CSAH NO. 3 grading and Schmidt’s Bridge; CSAH NO.
80, City of Perham; CSAH NO. 88, old Highway 59N; CSAH No. 35; County Highway 111; Stalker Lake;
Glendalough; Woodland Heights; CSAH No. 6; and CSAH 11 & 20 projects.
Approval of Consultant Contract-CSAH 80
Motion by Windels, seconded Lee, and unanimously carried to authorize the Chair’s signature to execute
the contract for engineering services for improvements of CSAH No. 80, including the rural portion of CSAH
No. 80, with Larson-Peterson and Associates, Inc. of Detroit Lakes.
Recess
At 11:30 a.m., Chair Portmann recessed the meeting of the Otter Tail County Board of Commissioners for
lunch break.
Reconvene
Approval to Pay Bills
At 1:00 p.m.. Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners
reconvened. Motion by Lindquist, seconded Windels, and unanimously carried to approve the bills per
Attachment A of these minutes.
Food Service Agreement
Motion by Stone, seconded Lee, and carried, with Lindquist opposed, to authorize the Chair’s signature on
an amendment to extend the food service agreement with Best, Inc. for the Detention Facility at a 3.1%
increase effective July 1, 1996 through June 30, 1997.
Certificate of Correction to Plat
Motion by Stone, seconded by Lee, and unanimously carried to accept the following Certificate of
Correction to Plat as prepared by Terry Lee Anderson, Registered Land Surveyor under the laws of the
State of Minnesota, Registration No. 14676.
otter Tail County Board of Commissioners
September 10,1996
Page 5
I
WHEREAS, the County of Otter Tail also believes that a speed zone would be beneficial in this area.
NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County does hereby request that the area be
studied by the Minnesota Department of Transportation to determine the need for a reduced speed zone, if
any.
BE IT ALSO RESOLVED, that Minnesota Department of Transportation proceed with establishing a legal
speed zone if the findings of the traffic study are supportive.
Adopted at Fergus Falls, Minnesota, this 10th day of September, 1996.
OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated;
By.
Virginia Portmann, Chairperson
Attest:
Larry Krohn, Clerk
Right-Of-Way Vacation - CSAH No. 16, City of Battle Lake
Motion by Lindquist, seconded Lee, and unanimously carried to approve the vacation of an existing public
highway right-of-way, no longer required by the county located in the plat of Brooklands being part of
government Lot 2, Section 27, Twp. 133, R. 40, within the City of Battle Lake.
Approval of Girard Township Paving Contract
Motion by Stone, seconded Lindquist, and unanimously carried to authorize the Chair’s signature to
execute the Girard Township Paving Contract (C.P. 96:128) contingent upon the approval of the County
Attorney.
Candle Light Vigil
Motion by Lee. seconded Lindquist, and unanimously carried to approve a change of date for the Region IV
Council Candle Light Vigil to September 8, 1996. The vigil was previously authorized for September 10,
1996, at the August 27th County Board meeting.
Rural Coalition of Counties
Chair Portmann acknowledged receipt of a letter from the Rural Coalition of Counties informing Otter Tail
County of an organizational meeting to be held September 30,1996 in St. Cloud. The Chair requested
Commissioners Windels and Stone to attend this meeting.
Planning Commission Recommendations
Conditional Use Permits:
Deforrest Malstrom, speaking on behalf of applicant, Bradley Malstrom, requested reconsideration of a
CUP to use a residential home and garage as a real estate office. Mr. Malstrom explained that employees
can park in a non-visual area and very few customers would be at the office at one time so there would be
minimal traffic. Land & Resource Administrator, Bill Kalar, reported no correspondence received from the
township and neighbors regarding this conditional use application. The residence is located on a 2 1/2 acre
lot. Motion by Lee, seconded Windels, and unanimously carried to refer the following Conditional Use
Application (with the Applicant’s permission) to the Planning Commission for reconsideration.
Bradley Malstrom, Section 1, Twp. 137N, R. 42W, Dunn Township, Pelican River
Paul Grabarkewitz requested reconsideration of a CUP application for the construction of fifteen seasonal
RV sites with septic, docks, beach space, well, fish cleaning house, and electricity for each site.
Mr. Grabarkewitz stated that it was not economically feasible to add only seven sites as recommended by
tOtter Tail County Board of Commissioners
September 10,1996Pages ' >
the Planning Commission. Bill Kalar informed the board that, according to the Shoreland Management
Ordinance, Sunset Bay Resort currently has the maximum number of sites allowed previous to this
conditional use request. Motion by Windels, seconded Lindquist, and unanimously carried to deny the
following Conditional Use Permit Application for RV sites. The board further encouraged the applicant to
follow potential review of the Shoreland Management Ordinance this winter and reapply if appropriate:
r
Paul MJVirginia M. Grabarkewitz, Section 16, Twp. 135, R. 40, Dead Lake Township, Dead Lake
I
Motion by Lindquist, seconded Lee, and unanimoysly carried to approve the following Conditional Use
Applications and Preliminary Plats subject to conditions as recommended by the Planning Commission:
Conditional Use Apolicatations:
P'^nald C./EImvra Boom Srclinn 11 Twn f Ti r^' 4n p^nia
'■»
Otter Tail County Planning Commission
County Court House
Fergus Falls, Minnesota 56537
September 6, 1996
To Whom It May Concern:
Enclosed you will find a copy of the September 4, 1996 minutes indicating
the action that was taken ih: regards to your request. The County Board of
Commissioners will consider this recommendation at their September 10, 1996
meeting at 1:30 P.M.
However, if the Planning Commission tabled your request, the minutes do
indicate the date to which Application was tabled,
notification as to the time your Application will be considered prior to the
meeting.
You will receive
If you have any (questions please contact our office.
Acting Secretary
Planning CommiBsion
September 4, 1996
Page 4
A motion by Johnson, second by Harker to approve the Application to
construct a mound drainfield system as stipulated in the submitted drawing
and to remove the material extending beyond a straight line between the two
posts on the drawing with the top to be sodded, due to the information
provided by Terry Lejcher (DNR) that the proposed parking area is not lake
bottom as we were told at previous meetings and the letter from Arlin
Schalekamp (Fisheries) indicating that if the mound system works properly,
it would have little or no effect on the spawning area (letters on file at
Land & Resource).
All in favor, except Bergerud, Lachowitzer and Zimmerman voted no-Voting;
Paul & Virginia grahaT*lfawitz- "Sunset Bav Resort" - Approved With Conditions;
A Conditional Use Application for the construction of 15 seasonal RV sites
with the required shower house, well and septic system and necessary road,
in the second tier of our resort. We received a variance for the density
from the Board of Adjustment on August 1, 1996. The property is described
as "Sunset Bay Resort", S 550' of Gov. Lot 4 of Section 16 of Dead Lake
Township; Dead Lake (56-383), NE.
Paul Grabarkewitz represented the Application.
Motion For Denial Failed/Lack of Majority;
A motion by Zimmerman, second by Bergerud to deny as presented, reasons as
follows:
Ordinance.
Commission.
(effects on the environment, shore recreation facilities),
disadvantages as indicated by the Dead Lake Association.
1. The request exceeds the standards in the Shoreland Management
There is inconsistency with prevailing past practices of the
3. Reviewal of Ordinance considerations indicate opposition
4. Identifiable
2.
Voting Yes; Bergerud, Estes, Harker, Olson and Zimmerman.
Voting No;Johnson, Lachowitzer, Ronningen, Schwartz and Trites.
Approved With Conditions;
A motion by Trites, second by Lachowitzer, second by Trites to approve 7
additional units (15 total), reasons as follows: 1. There is aui excessive
amount of open space. 2. The Board of Adjustment granted approval of the
additional 15 RV sites. 3. The vegetative screening.
Voting Yes;Estes, Johnson, Lachowitzer, Olson, Ronningen, Schwartz and
Trites.
Voting No;Bergerud, Harker and Zimmerman.
NOTICE OF HEARING FOR
CONDITIONAL USE PERMIT
OTTER TAIL COUNTY COURTHOUSE
121 W. JUNIUS
FERGUS FALLS, MN 56537
(218) 739-2271 EXT. 225
Applicant must be present at the scheduled hearing.
TO WHOM IT MAY CONCERN;
Paul M & Virginia M. Grabarkewitz
R#1 Box 96
Richville, MN 56576
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. The Planning Commission will consider this request at their hearing on:
September 4, 1996, at 8:00 P.M.,
in the Commissioners' Room, Otter Tail County Courthouse, Fergus Falls, MN.
use the west Law Enforcement entrance.)
SHOULD CONTACT THE LAND & RESOURCE OFFICE PRIOR TO THE HEARING.
(Please
INDIVIDUALS REQUIRING SPECIAL ACCOMODATIONS
The property concerned is legally described as:
"Sunset Bay Resort", S 550' of Gov. Lot 4 of Section 16 of Dead Lake Township; Dead
Lake (56-383), NE
Fire Number - DL-90
The request is as follows:
A Conditional Use Application for the construction of 15 seasonal RV sites with the
required shower house, well and septic system and necessary road, in the second tier
of our resort. We received a variance for the density from the Board of Adjustment
on August 1, 1996. Drawings available for viewing at the Land & Resource Office,
Courthouse, Fergus Falls, MN.
Bob Schwartz August 16, 1996
Chairman Planning Commission
August 1, 1996 5
Evelyn Nelson - Approved
Evelyn Nelson, Dalton, MN, requested a variance of 74’ from the required ordinary high water level setback of 100’ for
the construction of a 14’ by 24’ dining room/kitchen addition, for the construction of a 14’ by 20’ three season porch and
for the construction of a 24’ by 22’ garage to an existing 24’ by 30’ dwelling 26’ from the ordinary high water level at its
closest point. The property is described as Lots 18 and 19, Camp Tynset, Ten Mile Lake in Tumuli Township. As this
was a previously tabled request the audience was not polled at this public hearing. Herbert Sorbel represented the
applicant at the public hearing. After consideration, motion was made by Randall Mann, seconded by Craig Anderson
and unanimously carried, to approve the revised building plan as submitted by the applicant on August 1, 1996. It was
noted that the proposed addition will be no closer than the existing structure to the ordinary high water level.
Cluster Developments •
Bill Kalar, Land and Resource Director, addressed with the Board of Adjustment what the requirements are for cluster
developments, how the density is calculated under the requirements of the ordinance and various concerns regarding
cluster developments expressed by individual board members.
Paul and Virginia Grabarkewitz - Approved
Paul and Virginia Grabarkewitz, Richville, MN, requested a variance to expand Sunset Bay Resort by the addition of
twenty 30’ by 70’ RA/ sites. All twenty sites would be added to the second tier, which starts approximately 400’ back from
the ordinary high water level and all twenty sites will have a minimum of 2,000 square feet of area to conform to the
requirements of Otter Tail County and to the requirements of the Minnesota Department of Health. The property is
described as the South 550’ of Government Lot 4, Section 16 of Dead Lake Township by Dead Lake. The audience was
polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann,
seconded by Ceceil Femling and unanimously carried, to approve a variance to expand Sunset Bay Resort by the
addition of fifteen 30’ by 70’ RA/ sites with the following conditions: 1. that the sites must be strictly seasonal (units can
only be placed on these sites during the period of April 1 through November 1). 2. no skirts, decks and/or roofs can be
added or constructed for use by these RA/ units. It was noted that the sites will be located in excess of 50’ from the
adjacent property lines, are about 400’ from the ordinary high water level, about 200’ from the highway and located in a
fairly wooded area.
Earl E. Foss - Approved
Earl E. Foss, Ottertail, MN, requested the variances necessary for the following:
1. To allow units 7 and 8 to remain in their present location,
2. To allow the addition of an 8’ by 12’ screened in porch to unit 7,
3. To remodel an existing tool shed and fish cleaning house into a single structure,
4. To construct a 24’ by 50’ dwelling, and
5. To allow the addition of 10 new campsites.
It should be noted that unit 7 already has an existing 8’ by 12’ deck and that the new dwelling would contain a storm
shelter for resort patrons. The applicant would require a variance to increase the density of the existing resort, a
variance to place units within the 50’ buffer zone and a variance for the location of the tool shed and fish cleaning house.
The property is described as part of Sub Lots 5 and 6 of Government Lots 3 and 4, Section 23 of Rush Lake Township
by Rush Lake.
As this was a previously tabled request the audience was not polled at this public hearing. After consideration, motion
was made by Craig Anderson, seconded by Cecil Femling and unanimosly carried, to allow units 7 and 8 to remain in
their present location (Item 1). Item 2 above was withdrawn by the applicant prior to the public hearing. Item 3 above
was approved at the July 11, 1996, Board of Adjustment meeting. After additional consideration, motion was made by
Craig Anderson, seconded by John Everts and unanimously carried to approve the construction of a 24’ by 50’ dwelling
meeting all setback requirements of the ordinance (Item 4 above). A 50’ buffer zone must be maintained against the
side lot line adjacent to the private property. After additional consideration, motion was made by Craig Anderson,
seconded by John Everts and unanimously carried, to approve, subject to the approval of the Planning Commission, 10
additional campsites with the condition that the applicant must give up two of the existing four campsites; with the
condition that units can only be placed on these campsites during the period of April 1 through November 1 and with the
condition that a 50’ buffer must be maintained against the side lot line adjacent to the private property and a 17’ buffer
must be maintained against the side lot line adjacent to the existing neighboring resort.
July 11th, 1996 2
Paul and Virginia Grabarkewitz - Tabled
Paul and Virginia Grabarkewitz, Richville, MN, requested a variance to expand Sunset Bay Resort by the addition of
twenty 30’ by 70’ R/V sites. All twenty sites would be added to the second tier, which starts approximately 400’ back from
the ordinary high water level and all twenty sites will have a minimum of 2,000 square feet of area to conform to the
requirements of Otter Tail County and to the requirements of the Minnesota Department of Health. The property is
described as the South 550’ of Government Lot 4, Section 16 of Dead Lake Township by Dead Lake. The audience was
polled with no one speaking for or against the request. A letter from Mike and Cheryl Harris in favor of the requested
variance was read for the record. A letter from Karoline Smith and Elizabeth Jacobson expressing concern with a recent
survey of the applicants’ property was read for the record. After consideration, motion was made by Craig Anderson,
seconded by John Everts and unanimously carried, to table the request until the August 1st, 1996, meeting for additional
information, guidance and for recommendations/suggestions from the Land and Resource Department.
Glenn and Bernice Trautman - Tabled
Glenn and Bernice Trautman, Fargo, ND, requested a variance to allow an existing 8’ by 12’ lawn shed and an existing 5’
by 6’ toy shed to remain in their present locations. The property is described as part of Government Lot 1, East of the
Lake and North of the East and West Road, Section 11 of Dunn Township by Pelican Lake. The audience was polled
with no one speaking for or against the request. After consideration, motion was made by Cecil Femling to consider the
structures as water - oriented accessory structures and to request that they be placed in compliance with the ordinance.
After additional discussion and consideration, the previous motion was withdrawn and the following motion was offered
by Cecil Femling, seconded by Randall Mann and unanimously carried, to table the variance request until the August 1st,
1996, meeting, so that an opportunity could be provided for a representative of the Land and Resource Department to
meet on-site with Terry Lejcher, Department of Natural Resources, for the purpose of discussing, reviewing and
reconsidering the ordinary high water level that has been established by the Department of Natural Resources.
Laryy James Morris - Approved
Larry James Morris, Moorhead, MN, requested a variance of 34’ from the required ordinary high water level setback of
100’ for the replacement of an existing 10’ by 52’ mobile home with a 14’ by 70’ mobile home 66’ from the ordinary high
water level at its closest point. The property is described as lot 16, Silent Point, West Silent Lake in Dora Township. The
audience was polled with Doug Koch speaking to the ordinary high water level. After consideration, motion was made by
Randall Mann, seconded by Robert Schwartz, to approve the placement of a 14’ by 70’ mobile home 2’ closer than the
existing 10’ by 52’ mobile home to the road side of the applicant’s property or approximately 10’ from the septic tank.
The motion failed with John Everts and George Walter voting no and with Craig Anderson and Cecil Femling abstaining.
After additional consideration, motion was made by Randall Mann, seconded by Craig Anderson and carried with Cecil
Femling abstaining, to approve the placement of a 14’ by 65’ trailer, without the hitch, and with the condition that it must
be placed 2’ farther back than the existing 10’ by 52’ mobile home site. It was noted that the granting of this variance will
provided the applicant with a reasonable use of his property.
Notice of Hearing for Variance
Otter Tail County Courthouse
121 West Junius Ave.
Fergus Falls, MN 56537
(218) 739-2271 Ext. 240
Applicant must be present at the scheduled hearing.
To Whom it May Concern:
Paul and Virginia Grabarkewitz
RR 1 Box 96
Richville, MN 56576
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter
Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County
Board of Adjustment will assemble for this hearing on
July 11th, 1996, at 6:00 p.m.,
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s
office prior to the date of the public hearing.
The property concerned in the application is legally described as
the South 550' of Government Lot 4,
Fire# DL90
Section 16, Township 135, Range 40 - Township Name - Dead Lake
Lake No. 56-383, Lake Name - Dead, Class - NE
The variance requested is:
a variance to expand Sunset Bay Resort by the addition of twenty 30' by 70’ RN sites. All twenty sites
would be added to the second tier, which starts approximately 400’ back from the ordinary high water level
and all twenty sites will have a minimum of 2,000 square feet of area to conform to the requirements of
Otter Taii County and to the requirements of the Minnesota Department of Health.
lJ.'iQjJms.
Board^^f Adjustment Secretary
Date: June 21st, 1996
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