HomeMy WebLinkAboutThe Boardwalk at Balmoral_46000310116025_Conditional Use Permits_05-14-20035-14-2003
9 3 0 5 0 6
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # 930506
was fiied/recorded in this office
for record on the day of __^f2rS_2003 at/. /5 am(^)
Wendy Metcalf, County Recorder
^ recot^l^ fe^
^ well certifirate
by:
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■kirk
Application Fee
/ 36V/3Receipt Number
ft 4/g/tf3Accepted By / Date
DAYTIME PHONE <P/^ 3Q7 - ^ 99/
______
yg>A77 dH4tr S^-d-U LJi
PROPERTY OWNER
MM S6>^fSADDRESS
LAKE NUMBER X LAKE NAME 044 Cr Tu^ I
SECTION 3 / TOWNSHIP
31 OKU ozt
LAKE CLASS
13^RANGE 39 TOWNSHIP NAME
V^^77E-911 ADDRESSPARCEL NUMBER
LEGAL DESCRIPTION "THE BOARDWALK AT BALMORAL" UNIT 1 OF PART GL 3 COM SW COR SEC 31 E 80' N 36 DEG E 2517'
S 57 DEG E 48S 44 DEG E 81TO BG S 70 DEG S 315.4'E 67N 73 DEG W 369.5' N 36 DEG E 370' TO BG /.?7
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
(1) Topographical Alteration Commercial Us^ (3) Cluster Development (4) Extractive Use (5) Industrial Use
(6) Forest Land Conversion (7) Miscellaneous
EXPLAIN YOUR REQUEST^ -h• ' (if u s. ^<XL.
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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.
DATESIGNATORE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
BK-0600-006 305,909 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4870
'7. 50 f.lfl.Date Of Planning commission Hearing Time
Planning Commission Motion
May 14, 2003:
Motion: A motion by Estes, second by Trites to approve provided 7 parking spaces are
identified onsite.
Chairman/Otter Tail County Planning Commission
County Board Action
Approved As Recommended
Denied As Recommended
Other
j2^lo^
Chairman/otter Tail County Board of Commissioners Date of Final Action
%(pQ3lo ^5CONDITIONAL USE PERMIT#
L 8T R Official / Date
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management: k_No
Copy of Application Mailed to Applicant And MN DNR .
L & R Official / Date
Y
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***
Application Fea ~~
Receipt Number /
Accepted By / Date.
.DAYTIME PHONE c3/&' 3Q7'3 99/
MN SC, 5!^___________________
/T y/r/o
/J7 4"/PROPERTY OWNER
Vo A 77 (SH4^r LJ.ADDRESS
&-i-4 Lr~ T*« /LAKE CLASS G~ bLAKE NUMBER LAKE NAME
O'hl-4./' Ttt.* I.TOWNSHIP /3V RANGE TOWNSHIP NAME
Hie, OOP 3! OKU 02.1
3/SECTION
yg3 7?PARCEL NUMBER E-911 ADDRESS
lAL DESCRIPTION "THE BOARDWALK AT BALMORAL"
UNIT 1 OF PART GL 3 COM SW COR
SEC 31 E 80' N 36 DEG E 2517'S 57 DEG E 48' TO BG S 70 DEG E 67' S 44 DEG E 81' S 315 4'N 73 DEG W 369.5 370' TO BG
/.?7N 36 DEG E
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
(l)Topographical Alteration ((Sjconimerclal (3) Cluster Development (4) Extractive Use (5) Industrial Use
(6) Forest Land Conversion (7) Miscellaneous
EXPLAIN YOUR REQUEST
tOa. ir «- |G>
?AM - J
as. ec.
«</
I spates- kJ^ /-2AU
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
CONT^T LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
4^- ^-^3
SIGNATORE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEAR'NG(Applicant Will Receive Notification As To The Date/Time Of Hearing)
BK-0600-006 306 909 > VcwrU^tdMnCo .Prirwn • Fergu* FaM. MN • t-e00-34e-«870
-5^
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A6.‘7.30 f-tn.Date Of Planning commission Hearing,Time.
Planning Commission Motion
May 14, 2003:
Motion: A motion by Estes, second by Trites to approve provided 7 parking spaces are
identified onsite.
t
r '0J.-
Cnairman/Otter Tail County Planning Commission
County Board Action
^ Approved As Recommended
Denied As Recommended
Other
Date of Final ActionChairman/Otter Tail County Board of Commissioners
CONDITIONAL USE PERMIT#
L & R Official / Date
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management
Copy of Application Mailed to Applicai^<^nd^N^DNR .
No
L a R Official / Data
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OTC Board of Commissioners’ Minutes
May 20, 2003
Page 7
Conditional Use Permit - Monk Family Trust (Boardwalk at Balmoral):
Motion by Froemming, second by Nelson, and unanimously carried to approve a Conditional
Use Permit to use Unit #1 as a Real Estate Sales Office with conditions as recommended by
the Planning Commission. The property is described as “The Boardwalk at Balmoral” Unit 1
of Pt GL 3 (1.87 Acres) Section 31 of Otter Tail Township; Otter Tail Lake (56-242).
Preliminan/ Plat & Conditional Use Permit - “Woodland Sands’/David Huckle, Marvin Huckle,
Jay Johnson & Olson Properties:
Motion by Mosher, second by Block, and unanimously carried to approve the Preliminary Plat
known as “Woodland Sands” consisting of 8 residential lots and 5 non-residential backlots,
and to approve a Conditional Use Permit to construct a road to service the plat with
conditions as recommended by the Planning Commission. The property is described as Pt of
GL 4 (21.8 Acres) Section 23 & Pt of GL 1 (1.45 Acres) Section 26 of Clitherall Township;
Clitherall Lake (56-238).
Preliminary Plat - “Ghana Point’/Barbara Amundson Tst:
Motion by Froemming, second by Nelson, and unanimously carried to approve the
Preliminary Plat known as “Ghana Point” consisting of 4 residential lots and to approve a
Conditional Use Permit to construct a road to service the development with conditions as
recommended by the Planning Commission. The property is described as W14 SW 14, SE %
SW V4, GL 3 & E 47 Rods of GL 2 ex trs...(60.25 Acres) & E 345.4’ of 888.08’ of N 565’ of GL
2...(9.86 Acres) Section 21 of Leaf Lake Township; West Leaf Lake (56-114).
Conditional Use Permit - Keith Eitreim et al % Dianne Burma:
Motion by Mosher, second by Froemming, and unanimously carried to approve a Conditional
Use Permit to add a 24 x 24 addition to an existing dwelling with conditions as recommended
by the Planning Commission. The property is described as Eagle Lake Beach Lot 1 & 2 & /4
vac alley Rd adj and Lot 3 & S 12’ of Lot 4 & vac alley adj. Section 10 of Eagle Lake
Township; Eagle Lake (56-253).
Waiver for Tax Increment Financing Districts
Chuck Johnson, representing the City of Perham, requested a waiver of the 30-day comment
period in order to move forward with two Tax Increment Financing projects. Motion by
Nelson, second by Mosher, and unanimously carried to waive the 30-day comment period for
the City of Perham TIF District 2-22, which is a construction project involving an additional
99,000 sq. ft. building for Barrel 0 Fun. Motion by Nelson, second by Froemming, and
unanimously carried to waive the 30-day comment period for City of Perham TIF District 2-23,
which involves construction of a retail gallery.
Recess & Reconvene
At 11:40 a.m., Chairman Lee declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at 12:53 p.m.
Highway Contract - S.A.P. 56-653-07 & Etc.
Motion by Mosher, second by Froemming, and unanimously carried to authorize the Chair’s
signature to execute a Highway Construction Contract between the County of Otter Tail and
Mark Sand & Gravel Co. for overlay work on CSAH No. 53, CSAH No. 58, and CSAH No. 75,
with a total project amount of $1,252,500.05.
Planning Commission
May 14, 2003
Page 3
Monk Family Trust (Boardwalk at Balmoral) - Approved With A Condition:
We request a permit to use Unit #1 as a Real Estate Sales Office. Business hours 9
A.M. - 9 P.M. Existing lighting adequate; add name to existing sign. Parking spaces No.
1 - 2 & 11 - 14. The property is described as “The Boardwalk at Balmoral” Unit 1 of Pt
GL 3 (1.87 AC), Section 31 of Otter Tail Township: Otter Tail Lake (56-242), GD.
Don Monk and Robert Mink represented the Application.
Motion: A motion by Estes, second by Trites to approve provided 7 parking spaces are .
identified onsite. Voting: All Members in favor.
“Woodland Sands” David Huckle, Marvin Huckle,
Jay Johnson & Olson Properties - Approved With Conditions:
A Preliminary Plat of "Woodland Sands” consisting of 8 Single Family Residential Lots
• and 5 Non-Residential Backlots, 2 BIks. To develop parcel into 8 lakeshore lots. This will
require a permit to construct township road according to specifications and to lower the
adjacent township road for adequate site clearance. The proposed road will service
“Woodland Sands”. The property is described as Pt of GL 4 (21.8 AC), Section 23 & Pt
of GL 1 (1.45 AC), Section 26 of Clitherall Township; Clitherall Lake (56-238), RD.
Terry Lee Anderson (surveyor) and John Olson & Alan Olson represented the
Application.
Nancy Little expressed concerns with the possibility of there being a through road being
built (going through Bergquists) and the environmental effect on the lake (reeds). Debra
Usselman expressed concerns regarding the buildable areas & the potential of the road
becoming a through road (going through Bergquists). Dave Little expressed concerns
regarding the potential of the road going through the Bergquist’s property. David Huckle
indicated it was the Huckles and Bergquists who allowed an existing trail (through the
Bergquist property) become overgrown with brush.
Motion: A motion by Trites, second by Schwartz to approve as presented, allowing the
Applicants to end the construction of the road at the cul-de-sac provided the right-of-way
is dedicated to the property line. The existing structures on lots 1 & 2 must be removed
prior to the recording of the final plat. Voting: All Members in favor, except Zimmerman.
“Ghana Point” / Barbara Amundson Tst-Approved With Conditions:
A Preliminary Plat of "Ghana Point” consisting of 4 Single Family Residential Lots, 1 BIk
and to build approximate 900 feet of road for the proposed development of “Ghana
Point”. The road will be constructed to the minimum road standards of Appendix 3 of the
Gtter Tail County Subdivision Grdinance. The property is described as W1/2 SW1/4,
SE1/4 SW1/4, GL 3, & E 47 Rods of GL 2 ex trs...(60.25 AC) & E 345.4’ of 888.08’ of N
565’ of GL 2...(9.86 AC), Section 21 of Leaf Lake Township: West Leaf Lake (56-114),
1
RD.
Jim Peterson (surveyor) represented the Application.
Motion: A motion by Estes, second by Trites to approve as presented, provided: 1.
There is only one dwelling on Lot 3. 2. There is a dedicated right-of-way from the cul-de-
sac to the Wly lotline of lot 2. Voting: All Members in favor.
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second part,........................................................................heirs^arid assigns, Forever, all the tract.... or parcel....of land lyin f, and hein^ in the County t>/.....P..4?r.?.K...1:..?.4.........................................and State of Minnesota,
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That part of Lot 3, Seoti.on Thirty-one (31), Township One
hrrndred thirty-four (134), Range Thirty-nine (39), described
by -i:7)etes and bounds as follows
irvn monument at the Southwest corner of Section Thirty-
(31) , Township One hundred thirty-four (134), Range
Thirty-nine (39), Otter Tail County, Minnesota; thence running
La.'it along the South line of said Section Thirty-one (31)
a distance of 80 feet; thence North 36^53’ East, a distance of
2517 feet, (as measured along the central liiie of Trtmk
Highway No« 78 as now constructed) to an iron spike in center
line of said higlway; thence South 57^05’ East a distance of
48 feet to an iron stake on the Easterly limits of said highway,
which iron stake is the point of beginning; thence running
Sc'/th 70^05’ East 67,0 feet to an iron stake; thence South
44'ii5’ East 81,0 feet to an iron stake; thence South 00^50’ West
31.5,4 feet to an iron stake* thence North 73030' V7est 369,5 feet to
on iron stake at said Easterly highvjay limits; thence North 36055'
East a].ong said Ea.stcrly limits of highway a distance of 370 feet
to tb.e point of begirrning, containing 1.87 acres.
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Office of County Recorder
County of Otter Tail
I hereby certify that the within instruniei
was filed injhis office for record on the
A.D. 19 y/ ■ at
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day of
o’clock
L^O of TTU-iWuIj
and was duly Recorded .
on page msBook
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County Recorde
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\SITE PLAN '•*■‘ ^,J
;:£V: ' PLANS HA^ 9P::^iD^pVRAq ION
OOCUHENT NUMBER ' ^^>3v%,"oH THpM V 0^!? OT ‘^. •'
IN THE OjiffER^TME.OpmHijrJ-BECPHDBRS -OEWCE.':!:
,,, me un^Rrei^ned being,first duly sw<wn ,^d« pat^; ^^ifies ;^d ;^p|sps:;^ «nor plans of (^^Miw;|if
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■'i^'^h v'' U'} Tliafr;^’ p^T't': of ,■'I^t' Tliree ; {3.J, Section' Thi^y-one (Si)»nvT^vnship'VOne 'Habdred- Thir'.
(39) ^ de?cribbd .by ^metes,' an|aAbounds Vas :i^llows>
I:-/ .Township O.J«f.Hundrhd Jh^r,our«|J3^^p ,|^g^;.Thir, y-nine (39) , Otter- TaiJ^yptjj^a
','Minnesotaj. vthenoe trunnihg. East along tb# South lih^tof;' saijs^xSectiogv'Thfe a distance of liorfeel:’
thence North 36 55' East a distance of' 2517 feet/¥1^^ cemerline of Trunk Higbway¥Numbet;^nA^|A^^^^^^^^^^
,' :^9«structed) to- an iron spikffi-^'in .the- cehjfe^ii^i|iV: of';^ai(^;.hi|feway^ thence s outh 57°05' East a<^st^nc||^^^-5'-
of. .48. .feet,'to an iron stake . on the easterly. limitls-iOf. aA>S highwaV;'^^^^^^ which iron stake is the'ii^'point:
, , beginning;- ;thence;:.running South 70 05' Jast 67 fe4|;|^0-ironi||ta^e;^^<^fee So nth .i 4^45' East 81 feet^{t^^ ar9jg®^,f
Stake ;,h.thence south 00°50' west 315.4 feet to ironbstiake; thence^’3°30' we:;t .3 69.5 feet tO'"i&tt at^kSfeS^
at,; said easterly highway . limits; thence North 36 ^$ ¥;JEast along •■''said . e^ster 1 y limits of hiqhway a'^istanoeH^^'^#’
A pf i 37P feet to the point of beginnincr, -containing sli-a? acres’, (sviblect ,to ea ements,.
and mortgages of record). ■ j’
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My■grJL,Anderson.^(M^ne^ta Registrat ton Number 14 676)V
by Ten y Lee Anderson a' Eegi,3t^re^!iijj:|V"--
:fn: --'-.iSAajSi''■■
ySi^Uyils) ^ Regisvefed Professional lT5C^t f ir the State of Minnesot|v^\irs.uilv4l^x^
‘ to'Minnesota Statutes Section 515A. 2rlpl;¥ (b). ^es hereby certify that all struct lal components and, macKap^al
systems serving mbre that one. unit of.'f^l- buildings containing of coraptiaigig any units hereby created:
substantially completed consistent with the floor plans for CONDOMINIUM NUMBER "The Boardwalk at
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state of Minnesota
County of Otter Tail
The foregoigg, instrument .was , ackno ^ledced
Day of
Professional/Land Surveyor.
before me
• /
•'* 'iICAtHlEEN M.ANKRS0N
NOTARY POBIIO-MINNESOTA
OTTER TAIL COUNTY My CcnxnitiiM Itpim tUNT 25,1991
.* . ■.1 ^
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Notary Public, Otter Tail .County, Minnes'ita.!■.4 .
Condominium".;*
was ackno'ledged before me
by *4i_J,A 1- 'SV/fii-Dd.Cl
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Dated, this day of
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\■(Minnesota Reqistra on Number
The foregoing instrument
hay. of 4ta.»y ___
a Registere^^E^^of^d^^^al,:^
State of Minnesota
County of SJQlL^:(^€.,' 19 Kd.vr'ccXa •,
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Notary PubIic>;;CM‘^PdA)2^
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PREPARED BY{i
/LEE ANDK1<.SON I.AND SUPVEYOR
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923 South Oak Street
Fergus Falls,': Hinneso^-^^
Phonei 218-739-4920 ,
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0Denotes Found'Iron Monument
Bearings shown are on an Assumed Data Basis
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Parking Lot A Stalls, steps and .decks that
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Notes: The concrete Areas,
completed and: must be. built.
All concrete walks^ Parking Lot & Stalls, ,-st<jps and decks are common elements unless indicated otherwise
See sheet 2 of 2 sheets for the (as buil|| floor plans) .pf the units and the garaces.
are
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PARCEL # HU-'OOO-^i-Ol/L- d?$i PROPERTY OWNER______________
^TTBC 17\IL /.52,-c3yA^ ?7y^w(J-akeJriver/wetland name
(3DateL&R Official
Action / Com men ts.^ yyi^^iT
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Date
Action/Comments.
Date L&R OfTicial
Action/Comments.
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L&R OfficialDate
Action/Comments.
L&R OfficialDate
Action/Comments.
L&R OfficialDate
Action/Comments.
L&R OfficialDate
Action/Comments.
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May 17, 1989- 3 -County Board
Motion was made by Sydney Nelson, seconded by Bert Hovland and unani
mously carried, to approve a preliminary plat of Heath-Nick Pleasant
View Estates, to be located in Section 33-137-38 and 4-136-38.
PRELIMINARY PLAT
HEATH-NICK PLEASANT
VIEW ESTATES
Malcolm Lee, Shoreland Management Director, appeared before the
Board and presented certain requests relating to a conditional use
permit that was approved a year ago. It was felt the time span
between approval and the DNR request of now would prohibit any
county action by the Board-4t this time.
Lee presented to the Board the report for the 1988-89 season for
the Otter Country Trail Association.
Motion was made by Hub Nordgren, seconded by Andy Lindquist and unani
mously carried, to carry the name of "Oeusch Lake" #96-156, In
Sections 14 and 23 In Leaf Mountain Township, on all county records
as "Holt Lake", as it was known as in early Otter Tail County history.
Lee also discussed Federal Legislation before the House under H.R.
1600 relating to the enhancement of the Nation's fish and wildlife
resources, the National Wildlife Refuge System, etc.. No action
taken.
DNR REQUEST
OCTA REPORT
HOtl lAKi:
LtAI' MOIJNIAIN IWI’.
H.R. 1600
U.S. FISH & WILDLIFE
Progress on the Comprehensive Water Plan was also presented by Lee.
No action taken.
WATER PLAN
At 2:30 p.m., with no further business. Chairman Nelson adjourned
the meeting until the afternoon of May 24, 1989.
ADJOURNMENT
Chairman
Approved
ATTEST;
Uerf
I;
... . .
STATE OF
iML DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40.DNR INFORMATION
(612) 296-6157
MK< 15ISWKay 10, 1988
Malcolm Lee
Zoning Administrator
Otter Tail County Courthouse
Fergus Falls, MN 56537
Dear Mr. Lee:
BOARDWALK AT THE BALMORAL - A CONDOMINIUM, OTTER TAIL LAKE (56-242), OTTER TAIL
COUNTY
The Department of Natural Resources has completed its review of the proposed development, concluding that the project is in substantial compliance with
Department goals and objectives for management of shoreland areas.
Therefore, pursuant to Minnesota Rules, Part 6120.1800, approval is granted for
the development containing seven single family units, according to the site
plans dated August 30, 1988, and the "Declarations of Covenants, Conditions and
Restrictions for the Boardwalk at Balmoral - A Condominium" dated September 9,
1988.
The approval is subject to the following conditions:
1) All buildings shall be maintained in earthtone colors.
2) Any required permits or approvals shall be obtained from the Minnesota
Pollution Control Agency, Minnesota Department of Health, and any other
affected state, federal, or local authorities.
We request that these conditions be attached to the County's final approval.
Any substantive changes to the plans will require additional review and approval
by the Department. Also, any proposed changes in the "Declaration of Covenants,
AN EQUAL OPPORTUNITY EMPLOYER
Malcolm Lee
Page 2
Conditions, and Restrictions" that would affect building construction or the use
of any structures or common area must first receive approval from the
Department.
Sincerely,
DEPARTMENT OF NATURAb^RKOURCES
Ronald D. Harnack, Administrator
Permits and Land Use Section
RDH/JG/SF:fw
Jerry Paul, Regional Hydrologist
Terry Lejcher, Area Hydrologist Otter Tail County Planning Commission
Ron Harnack
cc:
OTTER TAIL COUNTY ATTORNEY
Courthouse
Fergus Falls, Minnesota 56537
(218) 739-2271, Ext. 200
Assistants:
Waldemar B. Senyk
David J. Hauser
Barbara R. Hanson
Karen Bengtson
Michael L. Kirk
County Attorney
Investigator:
J. Allan Anderson
0CT27»««October 27, 1988
Mr. Paul I. Thompson
and Mr. Robert Marx
Box 220
Milan, MN 56262
Re: Conversion of Balmoral Mall to
condominium units
Gentlemen:
I have been informed by our county Department of Land and Resource Management
that you have not yet provided them with Minnesota Department of Natural
Resources approval of your plans for a cluster development at the site of the
former Balmoral Mall near Ottertail Lake. The Otter Tail County Shoreland
Management Ordinance requires that plans for cluster developments be approved by
the Commissioner of Natural Resources. If you fail to provide us with evidence
of this approval, your development will be in violation of the county ordinance.
Please provide us with Department of Natural Resources approval of your plans at
your earliest convenience. If we do not receive it, I will have to take action
to enforce our ordinance. However, I trust this is just a formality which can
be cleared up quickly.
Your cooperation will be appreciated. If you have any questions or comments,
please contact me.
Sincerely,
'aldemar^. Sen
WBS/mk
Department of Land and Resource Managementcc:
SEP 2 9 1988
DEPARTMENT OF NATURAL RESOURCES
STATE OF
DIVISION OF WATERS
1221 FIR AVENUE EAST
FERGUS FALLS, MN 56537
PHONE NO.FILE NO.218/739-7576
RECEIVED
OCT 0 A 1988
1AND& RESOURCE
September 29, 1988
Mr. Stephen Torvik
Nelson, Oyen and Torvik
P.O. Box 656
Montevideo, MN 56265
Dear Mr. Torvik:
OTTER TAIL LAKE, SHORELAND MANAGEMENT
Thompson^this letter is being writtenAt the request of sjir. Paul J.
to you regarding Mr^"Thompson's failure to obtain the approval of
the Commissioner of Natural Resources for his cluster development
near Otter Tail Lake, as required by Minnesota State Regulations
CONS 74(d). These rules and regulations pertain to statewide
standards and criteria for management of shoreland areas in
Minnesota.
A brief history might help bring you up to date. Last winter, Mr.
Thompson was here to see me at the direction of the Otter Tail
County Land and Resource Office. He wanted to convert a small
shopping center, near the Bal Moral Golf Course, into condominiums.
I advised him of the required DNR approval, but was not able to give
him any specific details, i.e. how many units we could approve,
because he did not have enough information for me. He seemed very
irritated at that, expressing his disgust with state regulations in
his business and for this project. However, he was given a DNR
publication regarding planned unit developments, telling him of DNR
requirements. The Otter Tail County Land and Resource Office also
advised him of DNR approval, in addition to county approval, at this
time.
Mr. Thompson made no further contact with me in this regard. Later
this summer, I noticed construction at the site and sent a letter to
Mr. Thomspon, regarding our March discussion. He responded with the
enclosed letter of August 30, 1988.
Mr. Green, who works in this office with me, was contacted by Mr.
James Sprague, on March 8, 1988. Mr. Sprague was somewhat unclear
as to what he wanted, but advised Mr. Green that this project was
not within 1,000 feet of Otter Tail Lake.
AN EQUAL OPPORTUNITY EMPLOYER
SEP 2 9 1988
Mr. Stephen Torvik
September 29, 1988
Page 2
If this were the case, no permit would have been necessary from
Otter Tail County Land and Resources Office. Yet, Thompson realized
he needed such a permit and dealt with the county, but not with DNR.
Accordingly, this issue needs to be resolved. Mr. Thompson should
complete the exercise regarding the subdivision exercise, so he can
maximize the number of lots for his benefit. Included is a
description of the guidelines for cluster developments that I
originally gave Mr. Thompson.
We look forward to your cooperation in resolving this issue.
Sincerely,
XtnAjyricc> h.
Terrence R. Lejcher
Area Hydrologist
TRL/wrh
Enclosure
cc:Gerald L. Paul, Regional Hydrologist
Tom Lutgen, St. Paul Shoreland Management
Otter Tail County Land and Resource Office
State
MEMBER F D I C
MILAN, MINNESOTA 56262[612)734-4444
August 30, 1988
Terry Lejcher
State of Minnesota
Department of Natural Resources
1221 fir Avenue East
Fergus Falls, MN 56537
Dear Mr. Lejcher:
Today I received your letter of August 25, 1988 regarding the conversion
of The Boardwalk at Balmoral to condominium units, I do indeed remember our
conversation of March 8, 1988,
On my return home that day,. I contacted my architect, James Sprague,
and asked him to research the matter. He immediately called your office
and talked to a Mr, Bill Green. I'r. Green informed my archiect that it
WflS not necessary for me to receive DKR approval for my project. I then
proceeded with the various meetings with county and toimship officials.
If the DNR has changed its stance on the project, or if any further
information is needed, please contact my attorney:
Mr. Stephen Torvik
Nelson, Oyen G Torvik
P. 0. Box 656
Montevideo, MN 56265
Paul I. Thompson
rasaSUFI
ImL department of natural resources
STATE OF
DIVISION OF WATERS
1221 FIR AVENUE EAST
FERGUS FALLS, MN 56537
PHONE NO. 218/739-7576 FILE NO.
I'*
August 25, 1988
Mr. Paul Thompson
P.O. Box 220
Milan, MN 56262
Dear Mr. Thompson:
BALMORAL MALL, SHORELAND MANAGEMENT, OTTER TAIL LAKE, OTTER TAIL
COUNTY
Recently I have noticed construction activity at the Balmoral Mall.
You may recall when you stopped to see me late last winter that you
and I discussed the need for both Otter Tail County approval and DNR
approval of your project.
This office is aware-of approval you have received from Otter Tail
County. My records indicate that you have not made any further
contact with the DNR regarding your project.
As discussed in the DNR pamphlet I giive you regarding clLister
development, you should submit a plat showing your property
boundary, a lot block layout and the legal documents including the
property owners agreement, covenants and restrictions and bylaws of
the proposed development.
You are reminded that DNR approval is required by both the Otter
Tail County Zoning Ordinance and the State Shoreland Management
Rules and Regulations Cons. 74(d).
I am looking forward to your cooperation in this matter and
anticipate a response by August 31, 1988. Thank you.
Area
TL/wr
cc:Gerald L. Paul
Tom Lutgen
Otter Tail County Attorney
Otter Tail County Land and Resource Office
AN EQUAL OPPORTUNITY EMPLOYER
k DEPARTMENT OF NATURAL RESOURCES
STATE OF
500 LAFAYETTE ROAD • ST. PAUL. MINNESOTA • 55155-40.DNR INFORMATION
(612)296-6157
received
MAY 15
& resourcec3May 10, 1988
IMalcolm Lee Zoning Administrator
Otter Tail County Courthouse Fergus Falls, MN 56537
Dear Mr. Lee:
BOARDWALK AT THE BALMORAL)- A CONDOMINIUM, OTTER TAIL LAKE (56-242), OTTER TAIL
COUNTY------
The Department of Natural Resources has completed its review of the proposed development, concluding that the project is in substantial compliance with
Department goals and objectives for management of shoreland areas.
Therefore, pursuant to Minnesota Rules, Part 6120.1800, approval is granted for the development containing seven single family units, according to the site
plans dated August 30, 1988, and the "Declarations of Covenants, Conditions and
Restrictions for the Boardwalk at Balmoral - A Condominium" dated September 9,
1988. ,
The approval is subject to the following conditions: \
1) All buildings shall be maintained in earthtone colors.
2) Any required permits or approvals shall be obtained from the Minnesota
Pollution Control Agency, Minnesota Department of Health, and any other affected state, federal, or local authorities.
We request that these conditions be attached to the County's final approval.Any substantive changes to the plans will require additional review and approval
by the Department. Also, any proposed changes in the "Declaration of Covenants,
.......j
,!
•'•'ORTUNITY EMPLOYERAN L
Malcolm Lee Page 2
Conditions, and Restrictions" that would affect building construction or the use of any structures or common area must first receive approval from the
Department.
Sincerely,
DEPARTMENT OF NATUBA^RSOURCES
Ronald D. Harnack, Administrator Permits and Land Use Section
RDH/JG/SF;fw
Jerry Paul, Regional Hydrologist
Terry Lejcher, Area Hydrologist Otter Tail County Planning Commission
Ron Harnack
cc: