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Wild Walleye Resort_53000990338000_Conditional Use Permits_08-05-1992
8-5-mzAPPLICATION FOR CONDITIONAL USE PERMIT Shoreland Management Ordinance Otter Tail County Fergus Falls, Minnesota 56537 Receipt No. f Application Fee $ f 3G7- 3/70UATiCV-Phone:Owner: First MiddleLast Name ■Qj-fer Ta 1 ( Zip No.City StateStreet & No. S^l4l AaLake ClassLake NameLake No. (O'htn30J36Twp. NameRangeSec.Twp. Legal Description:Fire # or-Lake-tD # <q3 S See Attached Parcel Number EXPLAIN YOUR REQUEST: Applicant wishes to eliminate 8 R.V. lakeside campsites and replace with two duplex units d OA/£ <LAdfA /Is F^r^ ftoT PL/lA. Applicant also wishes to construct a road with to run in a westerly direction from the existing road on the east lot line to a point on the south boundary terminating at the existing entrance of Wagon Wheel Resort. a 66' easement Mobile home pads and R.V. campsites will be constructed as indicated by attached plot plan. 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 Conditional Use Permit from Otter Taii County. I understand I must contact my township in order to determine whether or not any additionai permits are required by the township for my proposed project. /AApplication dated JUt . X Signature Of Applicant - DO NOT USE SPACE BELOW - 'I.'OOf)p. MDate of hearing:19 Time: The Planning Commission recommends to the County Board of Commissioners the following: X-5-92: TcLbZe.d u.ntLt the, 9-2-92 mtg. ^oh. the, ^olZotvtng Atcuoni: 1. Too many unan6u>eAed que^ttons (Malting o^ Notice/>l mti^ed people, change in map o^ pAoJecX and Impact ojJ unlti]. 2. All notlcex> to be malted again to all pAopeAty oconeAA o^ AecoAd ivltkln lf4 mile o^ the pAoject. Mew testimony only will be heoAd at the Sept. Mtg. 9-2-92; appAoved to allow 12 add'l Jii.V'6,^aAe to be placed Into pAopeA tleASj thl6 Aeduces the Aequest iAom 42 to 36 (total) Sji/J-[jj(32/(] UP^ would allow 44; all0^ the AequlAementi ol the 5M0 be met be^oAe carman ^Inal appAoval o^ the County BooAd. The County Board of Commissioners on this______ Approves the request as recommended by the Planning Commission. Denies the request. Approves as follows: day of 19.hereby: Chairman Conditional Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and Minnesota Commissioner of Natural Resources notified this day of., 19 CONDITIONAL USE PERMIT NO.. Land & Resource Management Official Otter Tail County, Minnesota mailed copy of Application to Applicant.(Date/Initial) MKL — 0390-006 250.370 — Victor Lundeen Co . Printers, Fergus Falls. Minnesota otter Tail County Board of Commissioners September 23, 1992 Page 4 Cash Wot Identified Auditor Wayne Stein, reported the receipt of three $100 bills with only a blank piece of paper in an envelope addressed to the Otter Tail County Courthouse. There was no return address on the envelope. He has not been able to discover where this money should be deposited. Motion by Stone, seconded Portmann and unanimously carried to deposit the three $100 bills into the General Revenue Fund pending further investigation by the County Attorney. Wagon Wheel Resort - Conditional Use Application The matter of a Conditional Use Application for the Wagon Wheel Resort, Rush Lake, came before the Board with a delegation of individuals expressing pros and cons regarding the development of additional units. The Board, after having sent Commissioners Windels and Lee together with Land and Resource Management Director, Bill Kalar, inspected the area. Concerns of individuals present were expressed. A motion by Windels, seconded by Portmann and unanimously carried to honor the permit as applied for with an exception limiting the number of units to six with specific required upgrading. This is a preliminary approval subject to a final plan. It was the large number of substandard lots which impacted this determination. County Jail Refunding Revenue Bonds Motion by Portmann, seconded Stone and carried with a roll call vote to adopt the following resolution: NAYROLL CALL VOTE RESULTS:YEA Virginia Portmann Bill Stone Harley Windels Malcolm Lee X X X X BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota (the "County"), as follows: 1. Authorization of Bonds; Documents Presented. The City of Fergus Falls, Minnesota, a home-rule city within the County (the "City") acting pursuant to Sections 469.152 to 469.165, Minnesota Statutes (the "Act") has issued on behalf of the County its $4,455,000 County Jail Refunding Revenue Bonds (Otter Tail County Unlimited Tax Lease Obligation), Series 1986 (the "Series 1986 Bonds") to refund bonds previously issued by it to finance county jail facilities for the County in accordance with plans and specifications approved by the Commissioner of Corrections (the "Project"). The Series 1986 Bonds were issued under a Trust Indenture dated as of October 1, 1985 between the City and National City Bank of Minneapolis (the "Trustee"), as amended by a First Supplemental Trust Indenture dated as of November 1, 1986 between the City and the Trustee (together, the "Indenture") and are payable primarily from payments of Basic Rent required to be made by the County under the Jail Sublease Agreement dated as of October 1, 1985, as eunended by the First Supplemental Jail Sublease Agreement dated as of November 1, 1986 (together, the "Sublease") between the County and the City. The County desires that the City issue its $3,235,000 County Jail Refunding Revenue Bonds (Otter Tail County Unlimited Tax Lease Obligation), Series 1992A (the "Series 1992A Bonds") as provided in the Second Supplemental Indenture described below for the purpose of refunding the Series 1986 Bonds and that the City call the Series 1986 Bonds for prior redemption on February 1, 1993. The issuance of the Series 1992A Bonds to refund the Series 1986 Bonds is authorized by the Act, Section 475.67, Minnesota Statutes and the Indenture. Forms of the following documents relating to the Series 1992A Bonds have otter Tail County Board of Commissioners September 9, 1992 Page 2 Motion by Lee, seconded Windels and unanimously carried to uphold the denial recommended by the Planning Commission on the Conditional Use Application of Erwin Kremer/Randal & Joan Hutmacher, Otter Tail Lake. f Motion by Portmann, seconded Lee and unanimously carried to uphold the denial recommended by the Planning Commission on the Conditional Use Application of Paul R. Moore, Star Lake. Motion by Windels, seconded Lee and unanimously carried to approve the Conditional Use Application of Bob Kautzman, Dead Lake, subject to conditions and recommendations as indicated by the Planning Commission. . Motion by Lee, seconded Portmann and unanimously carried to approve the Conditional Use Application of Timothy R. Dacy, Otter Tail Lake, subject to conditions and recommendations of the Planning Commission. Motion by Portmann, seconded Windels and unanimously carried to approve the Conditional Use Application of Richard Dielke/Jerry McDonald, Trowbridge Acres, subject to conditions and recommendations of the Planning Commission. Motion by Portmann, seconded Windels and unanimously carried to approve the Conditional Use Application of Trowbridge Acres, subject to conditions and recommendations indicated by the Planning Commission. Orvis Jibben and Anna Hunter appeared requesting twelve additional RV spaces. Conditional Use Application of Anna Hunter/Wagon Wheel Resort, Rush Lake. Orvis Jibben provided the Board with a tier drawing which included a four foot fence surrounding a portion of the Wagon Wheel property. Jess Thompson appeared in favor of the project. Letters and petitions of opposition for this project were acknowledged. Several residents of the surrounding properties voiced their opposition and concerns of over crowding. Motion by Windels, seconded Portmann and unanimously carried to table a decision on the twelve additional RV spaces. Conditional Use Application of Anna Hunter/Wagon Wheel Resort, Rush Lake, for two weeks. Director, Bill Kalar, will meet with Mr. Jibben and the owners and report back to the Board with a recommendation. Commissioners Lee and Windels and Land & Resource Homestead Request Motion by Portmann, seconded Windels and unanimously carried to comply with Minnesota Statute 273.124 and deny residential homestead to David Reynolds on his 99 year lease property as his situation does not comply with all of the requirements of this statute. Courtroom Security Sheriff, Gary Nelson, Maintenance Supervisor, Rick Sytsma and Judge Tom Stringer discussed security improvements recommended by the U.S. Marshall's Office. Courtroom Security Committee will meet Thursdays rather than Wednesdays in the future to allow either Commissioner Lindquist or Lee to attend. The Motion by Lee, seconded Stone and unanimously carried to approve signs for third floor stating "You Are Now Entering A Secure Area" as recommended by the Sheriff. S.A.P. 56-599-14. Bridge No. 95050. Gorman TownshipBid Award; Motion by Windels, seconded Lee and unanimously carried to accept the recommendation of the Highway Engineer to award Project No. S.A.P. 56-599-14 to the lowest bidder, Riley Bros. Construction, Inc., Morris, MN, in the amount of $125,582. t . ■ ■» Planning Commission September 2, 1992 Page 3 Failed;A motion by Petterson, second by Lee to deny the original Conditional Use Application request of Afthff Huhtef/Vaaon Vfheel Rush Lake (56-141), GD, Sub Lots B & d of G.L." 2 ex trs, 13.74 Ac, Section 30, Otto Township but to approve 18 additional RV units, they are to be located in the area where the mobile homes were to be located (in the appropriate tiers); must have the designated swimming and docking area, a covenant and also the rest of the requirements listed in the Shoreland Management Ordinance. Orvis Jibben accompanied the Applicant. Resort. Joan Boraza (& husband) expressed concerns; Mel Johnson expressed opposition; LeRoy Rutvold requested old testimony be heard; Rosie Esala expressed opposition; John Schrom had some questions; Dale Hove (Shady Grove Resort) expressed opposition; Mary expressed opposition; Kay Bendager expressed concerns. Beas Voting Yes; Lee and Petterson. Voting No;Ackley, Estes, Johnson, Lachovltzer, Olson, Prischmann and Schwartz. Abstained; Trites (not present at the last meeting to hear testimony). Approved;A motion by Petterson, second by Lee to allow 12 additional RV's for the Conditional Use Application of Anna Hunter/Waoon Wheel Resort. Rush Lake (56-141) and that they are to be placed into the proper tiers; this reduces the requested from 42 to 36 (total) and also the Shoreland Management Ordinance would allow 44; all of the requirements of the Shoreland Management Ordinance must be met before there is final approval of the County Board. Voting Yes;Johnson, Lee, Olson, Petterson and Prischmann. Voting No;Ackley, Estes, Lachowitzer and Schwartz. Abstained;Trites (not present at the last meeting to hear testimony). Approved;A motion by Ackley, second by Estes to approve the Conditional Use Application of Bob Kautzman. Dead Lake (56-383), HE, Lots 1 & 2, Hart Beach, Section 8, Dead Lake Township as presented, may dig the basement this fall and do the walk-out next spring after April 15th, must stabilize the entire cut with sod. Altermatt accompanied Rachel Kautzman. Terry Voting: All in favor, except Petterson voted no. YI/IGOM W^££L '££So£T U V/TSFUi^pos^L> ■ 'DupLEX'-^ SToR^GC ft- mml9 ^ @ Vi]\Sr BI-IOlA/EB rO \< l"=ioo'■ // i£/ . 5GAOoKs^ V CD r c. 6'htiM/visy _£¥.\ ^ 0 'OCS" 'G)(5 i5 "(9\>Q>ij ✓I//&5^ot 7 /i '(■C 5hiI?l m®«^ I ®0(0f 1 <f)010% "«'o riJ oS1 ■o<S > * ---------# f -'■ » » ^cS O^ <^ ^ , <SC7 <?^<S.<]>- 0^ x/ < 9 0 <D o3+t71"' ^'0(P ■■■* o (3 ai[> ™ 2/ X^ Vo.,00 0 Oi -pg 3 cO ,o a oo^ c?. ‘f------^—ft—a—« 00o // V ^g(i.RSc0'^ i Q •. <? <TD <? c.ai<y^s '-=? cn 4./•>-lyk 001= I 0!r"’T3CO d OPTION “B‘r=ioo' rOK) ' rozoo 930.5'CD mm/p>f>3 *v JV y^csjL Hone uMni *V ’V iv -P- cnOJ 1^R \ v^N Y* JV ^O S/ L f^t>Al£ 4^/ 75 V8/ R/)?/\ I r; ■ SHORELAND MANAGEMENT OTTER TAIL COUNTY Fergus Falls, Minnesota 56537 NOTICE OF HEARING FOR CONDITIONAL USE PERMIT APPLICANT MUST BE PRESENT AT HEARING TO WHOM IT MAY CONCERN;iKlagon WkzeZ RuoKt Anna V. HanteA OUwtKuZ, MW 5657/ has made application to the Otter Tail County Planning Commission for a Conditional Use Permit as per requirements of the Otter Tail County Shoreland Management Ordinance. The Otter Tail County 19^1Aumut 5,Planning Commission will assemble for this hearing on 7:00 P.M.Place CommC66foneA.'6 Room, Count Hou6Z, Fergus Falls, Minnesota.Time. This notice is to advise you that you may attend the above hearing and express your views on the Conditional Use requested. The property concerned in the application is legally described as: Twp. Name OttoRange_M.Lake No._^£sJ-dJ—. Sec ?>0 Twp. 155 635Lake Name: ppsh Class GO Fire No. Sub Lot6 B S C GL 2 ex t/u 13.74 AcJitii THE CONDITIONAL USE REQUESTED IS: AppLic.a.nt to eLontnat^ S RV lak&6tde. c.amp6ttu and Aeplace. wtth 2 duplex. uYivU and 1 aabtn cu> peA pZot plan. AppUjiant oJiho vot6heJ> to con6tAuct a n.oad wlXh a 66’ ecument to hun tn a u>2Ata/iiy dAjizctfjon ifiom thz e.xtittng Aoad on tkz za&t lot Linz to a point the 6outh boundatiy terminating at the existing enthance o^ dJagon Wheel Report. Mobile home pacU and RO ecmp<oji Mill be eoriitrueted a& Indicated by attached plot plan. Plot plctn avaltable ion. viewing at the land and Resource OUlce, Otter. Tail County CouNt House, Tergus Palls, MW. on \ Bert OlsonJuld 17. 1992Dated. Otter Tail County Planning Commission Chm.MKL-0871-011 By.: 221910l(^ VICTOR LVINOCEN 4 CO.. PRINTERS, PERQU8 FALLS. UINN.I - LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY FERGUS FALLS, MINNESOTA STATE OF MINNESOTA ) )ss. COUNTY OF OTTER TAIL) I, Marsha Bovinan, duly appointed and acting secretary of the Otter Tall County Planning Cominlsslon for Otter Tall County, Minnesota, do hereby certify , 1992, the attached Notice of Hearingthat on the day of was duly served upon the following: Public Health Director; County Sanitarian; County Auditor; Sheriff Nelson; County Highway Engineer - (Court House) and: Editor, Fergus Falls Dally Journal, Fergus Falls, MN 56537 Terry Lejcher, 1221 East Fir Ave Fergus Falls, MN 56537• f Don Reedstron, 1221 E. Fir, Fergus Falls, MN 56537 Doug Wells, 1221 E. Fir, Fergus Falls, MN 56537 Izaach Walton League, Otter Chapter, Box 244, Fergus Falls, MN 56537 Pollution Control Agency, 116 East Front Street, Detroit Lakes, MN 56501 Army Corps of Engineers, St. Paul District, 1135 U.S. P. 0.& Custom House, St. Paul, MN 55151-1379 Planning Commission Members, Township Chairman, Lake Association and those listed on the attached sheet ..• P by placing a true and correct copy thereof In a sealed envelope, postage prepaid. and by depositing the same In the U.S. Mail at Fergus Falls, Minnesota, properly addressed to each of the above named at the addresses sho above. Secretary Fa/iA\4:iUi ' lJH£4l UflLD LJALUH l2££iu6iT FAo^ fir/t^fi J'iU^TH ^ FpA^AA. Av^</C) ^ £Uou>JATC ^ 9.hPiM^ Ut'^ 3i ^uPuy l^n/i'ni ^ I <CA&iJ I^MAQ (f Cl* £AS^£/rt£U>T)^/>w«7tzu4T ,flsl‘tJ.muT\PC > Wo43 HECuhSr T^ _____ fr\A<r^\ £?n£5'n^fJ^ ^rJ£rtc£ij h in>'®'»<i:) hJ(t\J aJ^7^<.£6 P^^4s7“ />)/f(U££ ! / oo ‘\\ »■ 1‘IJi P^ /^^j1a/<J /JL m/iTl C iimiL.) • /nwiT B£ Placao Ja/ Ti£i ' Pu. A*/^r ££ phi CS ^ lUdUO R4iQ>-t£s^T Fo!^ <Ps LJ£6JCS R£ \ ^AStVS fr^likTi t3 (5 I l‘?/j3/fa <3 mEectrJC ^ f\PP(U0k6 ^ //a/|(S fi fltJAL pLAte>J August 20, 1992 Board Member, Wagon Wheel ResortWith regards to the Anna Hunter application, the motion to table until September has put me at a disadvantage as I will be in Alaska. I requested that the hearing be set back to October but Bill Kalar informed me that this was not possible. I am therefore asking that a motion be made that further discussion be tabled until the October meeting.A After hearing testimony from those opposed I believe it is important to address some of the areas of concern. 1. )C a ]^£u T^a^i^n g_^h e_T_i£r _S y £;t £m By ordinance, the area within each tier is calculated by dividing the residential lot size standard for that lake classification by the total area, development is the classification thus 20,000 sq. ft. is the denominator not just for tier one but for all tiers. (Page 21, paragraph 3 Shoreland Management Ordinance.) In this case, general it was explained to me that the backPrior to the hearing, tiers had to be considered like back lots and such is not A back lot by definition is a parcel or lot Tier division does not create back the case. without water frontage, lots. 88 units for the parcel in question. Using the ordinance as it is written would prescribe Ex. B . )(Ex. A Although the board has the authority to add restriction on state mandated guidelines, I urge you to consider what the state and two years of public hearings concluded resorts need room to prosper and grow to maintain a healthy community base. The state also recognizes that as the population grows more people have the right to utilize the public waters even though they are required to enjoy it farther from the shoreline . that 2 . Although numbers presented through testimony sound alarming. such numbers demonstrated that if everyone owning property on the lake were to converge at one time, each owner would have 6.6 acres or 287,496 sq. ft. to play on. Just what does one do with 6 acres of water? Consider the fact that most of the lots counted in the density format were 50' and 60' lots or less, and after you condense the adjacent substandard lots by taking two and making one as prescribed by ordinance, those numbers are greatly reduced. When density is calculated as a whole the addition of 20 units is a liniitilLS factor when compared to the uncontrollable usage generated by residential cabin guest andpublicaccess. A resort owner will cont;rol the number of people utilizing a unit space but if each cabin and home owner accommodates A additional guest, the density now jumps to the thousands (600 lots X 4 guest = 2,400) thus making Anna Hunter's request a very minute element of the problem. 3 .The Criminal Element Much attention was directed to the rise in crime and devaluation of property values as a result of mobile homes. The ordinance makes no reference to types of dwellings when addressing cluster density, are cabins, R.V.s or tents and it makes no more logical sense to categorize mobile home tenants as any more undesirable neighbors than it does to compare neighbors who drive Fords less desirable than those who drive Cadillacs. Units are units x.Jhether they The units are still under the control of the resort owner and the resorter's place of business is directly reflected on by the overall appearance and conduct of its guest. Any business must expect a return on its investment, the increase in assessed values, higher taxes, insurance and supplies, the traditional 12 week earning period for resorts The era of fisherman keeping resorts The resorter must now plan for fall and With is no longer adequate, alive is gone . winter income and it is just not there in cabin rentals alone. Allowing year round mobile homes allows people to come from the cities to take advantage of fall fishing and hunting as well as bringing in families to enjoy snowmobiling and skiing throughout the winter months. Every unit added to a resort means more hardware sold, more groceries sold, more arts and crafts sold. Every unit added to a resort in a controlled planned development means one less homesteader clear cutting a site in virgin timber and destroying more wildlife habitat, in order to gain a place in the lake country. These people won't go away, they'll just use the public facilities. I am asking you to please consider the ordinances as they are addressed. Your decision in this matter will set the course for years to come.The attitude that, "I have mine and I don't want you to have any more" as displayed by those in attendance at the last meeting must be eliminated and controlled growth must be allowed to survive. If you can not vote in favor of the permit as is stands, please motion to table until October so I may answer any questions of concern. 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