HomeMy WebLinkAboutWoodland Beach Resort_25000020012001_Conditional Use Permits_09-20-2006q*20-200(!p
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1 hereby certity tha|^^y -173
this instrument #-----------------------
was
for recor
1007173
filed/recorded in this office r^ontheji—day of
(Vh 2006at^ii^mfcdra^Metcalf,Wendy
by:ij.
HE .well certifirate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
^ Accepted By / Date ]0(f
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
PROPERTY OWNER(S)
MAILING ADDRESS
DLAKE CLASSLAKE NAMELAKE NUMBER
/33 WORANGE TOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER ^SOOi>Oi^OO 19.00 f
R 250000i!UU12001.= 2007LEGAL DESCRIPTION
PT GL 3 BG 100'715' N TO LK E oS LK I! "
POINT 550' W FR E LN GL 3 S
' TO S LN PUB RD ELY 80.01' S 157' E 350'TO BG DOC#980257
300
S 300 '
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
Industrial UseCluster Development Extractive UseTopographical Alteration__ Commercial Use
Forest Land Conversion__ Miscellaneous
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
^/CL-
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.
DATESIGNATUREROPERTY OWNERVS)
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The DateTTime Of Hearing)
Date Of Planning Commission Hearing Time
Planning Commission Motion
September 20, 2006:
Motion: A motion by Estes, second by Maske to approve as presented.
mChairman/Otter Tail County Planning Commission
County Board Action
^^''^^pproved As Recommended
____Denied As Recommended
Other
C.
Date of Final ActionChajrman/Otter Tail County Board of Commissioners
lohlou
L&R Official/Date'
Land & Resource Management
No
jH^ L&R Official/Date
4
CONDITIONAL USE PERMIT #
Permiti om
1/^yes (C :6t Land & Resource Management)
Copy of Application Mailed to Applicant, Co. Assessor and MN DNR
bk 0204-006
317,339 • Viclof Lundeen Co., Printers • Fergus Falls, Minnesota
otter Tail County, Planning Commission
September 20, 2006, Page 5
Motion - August 16, 2006: A motion by Boyer, second by Maske to table to September 20
2006 as requested in the letter dated August 8, 2006.
Motion: A motion by Boyer, second by Maske to honor the request for withdrawal as
stated in their letter dated August 16, 2006. Voting: All Members in favor.
Woodland Beach Resort Assoc. LLC - Approved As Presented:
A Conditional Use Permit Application {as stated by the Applicant): Replace Cabin #6 in its same
Jocation, size of existing Cabin #6 was 18’ W x 20’ D. Also requesting an addition of 10’ x
20' which was previously requested by Conditional Use Permit #6151; finished structure
will be 28’ x 20’. The property is described as Pt of GL 3, Section 2 of Everts Township:
Otter Tail Lake (56-242), GD.
Brett Hopponen and Myron & Casey Schockert represented the Application.
Motion: A motion by Estes, second by Maske to approve as presented. Voting: All
Members in favor.
Melva Jean Nyberq Trust - Denied:
A Conditional Use Permit Application (as stated by the Applicant): Construct approx. 500 linear
ft. of driveway from Chippewa Road to the west ending at a point approx. 140 ft. from the
shoreline. This project will impact 3700 s.f. of wetlands which will be replaced at a 2:1
ratio. Proposed Wetland Replacement will be over 1000 ft. from shoreline. Total driveway
fill approx. 555 cu. yds.. The property is described as Lots 4 & 5 Block 1 Sunnyside 5*''
Addition, Section 36 of Girard Township: East Battle Lake (56-138), RD.
Milt Paulson, Melva Jean Nyberg and John Christensen represented the Application.
Marvin Anderson expressed concerns regarding drainage (flooding) onto his property, and
the fish the area. Gene Albers (East Battle Lake Watershed Association) expressed
concerns regarding watershed, a road that was proposed at the time of the development of
the lots, and he stated that they are opposed to the request.
Motion: A motion by Estes, second by Schwartz, to deny, reasons being: 1. Compatibility
with the surrounding area: both on land and water. 2. Environmental impact, including site
evaluations based on soils, topography and vegetation. 3. Suitability of the area for the
proposed use. Voting: All Members in favor, except Zimmerman abstained.
Hobart Township - Approved With A Condition:
A Conditional Use Permit Application (as stated by the Applicant): Regrade and widen existing
Hobart Township Road “Scalp Trail” from Dusty Trail to East Lake Seven Road within
existing platted dedicated public road corridor (see proposed plan & profile on file with
Land & Resource Management Office). The project will involve approximately 5000 cu.
yds of excavation. Work to be compieted this fall. The property is described as Scalp
Trail between Dusty Trail and East Lake Seven Road, Section 7 of Hobart Township: Scalp
Lake (56-358), RD.
Ray Sonnenberg (Township Supervisor), David Heyer (Heyer Land Surveying), Steve
Bruhn (Township Supervisor) represented the Application.
OTC Board of Commissioners* Minutes
September 26,
Page 6
Conditional Use Permit - Red Lantern Resort/DarrvI & Terry Enerson:
Motion by Froemming, second by Lee, and unanimously carried to approve a Conditional Use
Permit to replace several cabins as presented and as approved by the Board of Adjustment
on September 14, 2006. The property is described as WLY 50’ Lot 13, all Lot 14 & 15,
Shirley Beach & Lot C N of Lot 12, 13, 14& 15 Sub Divof Res 1 & 2 & E 74.67’ of W 211.12’
N of new Twp Rd and WLY 50’ Lot 13 & all of Lot 14, Shirley Beach Resurvey Res 1 & 2,
Section 22 of Amor Township; Otter Tail Lake (56-242), GD.
Preliminary Plat & Conditional Use Permit - “Wood Haven On Loon’/Buiiinaer Enterprises:
Motion by Lee, second by Block, and unanimously carried to approve the Preliminary Plat
known as “Wood Haven On Loon” consisting of 26 lots for Single Family Residential Lots and
a Conditional Use Permit to construct a road to service the proposed plat with conditions as
recommended by the Planning Commission. The property is described as SE/4 NW% & E
200’ of SW% NW%, GL 6 ex pt platted & ex tr & E 200’ GL 7, Section 35 of Candor
Township; Loon Lake (56-523), RD.
Conditional Use Permit - Kohler Strom’s Resort/Todd & Larry Kohler and Thomas & Sue
Geisina:
Motion by Lee, second by Nelson, and unanimously carried to accept the request by the
applicant to withdraw the Conditional Use Permit for a realignment of Fish Lake Road. The
property is described as Pt GL 1, Section 11 of Dunn Township; Pelican Lake (56-786), GD.
..Conditional Use Permit - “Woodland Beach Resort Assoc. LLC:
Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use
Permit to replace and expand a cabin as presented. The property is described as Pt of GL 3,
Section 2 of Everts Township; Otter Tail Lake (56-242), GD.
Conditional Use Permit - Melva Jean Nvbera Trust:
Motion by Froemming, second by Lee, and unanimously carried to deny a Conditional Use
Permit, as recommended by the Planning Commission, to construct a driveway. The reasons
for the denial are as documented in the September 20, 2006, Planning Commission minutes.
The property is described as Lots 4 & 5 Block 1 Sunnyside 5'" Addition, Section 36 of Girard
Township; East Battle Lake (56-138), RD.
Conditional Use Permit - Hobart Township:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use
Permit to regrade and widen existing Hobart Township Road with a condition as
recommended by the Planning Commission. The property is described as Scalp Trail
between Dusty Trail and East Lake Seven Road, Section 7 of Hobart Township; Scalp Lake
(56-358), RD.
Conditional Use Permit - “Treasured Bay Resort’YLester & Kristine Kellogg and James
Development Inc:
Mr. Kalar stated that the Planning Commission is recommending approval with conditions for
this resort to a Common Interest Community conversion. He stated that since the Planning
Commission meeting, a letter was received from Douglas Grouws, property owner on the
east boundary, and he read the letter for the record. Mr. Kalar stated that the requests in
Mr. Grouws’ letter will be met. Motion by Nelson, second by Lee, and unanimously carried to
9754C3
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1 hereby certify that 975403
this instrument#-----
was filed/recorded jo
for record on the^
961116
was filed/recorded in this office
for recpr^ on thp<^^ day of__2004 ati:jnam/i^
Wendy L. MetcaU, County J^e^order
this office
.day
.2005 atil^Dl^poi
:order
l^r4cor^ingf4
.weil certifi^ofo
■j>
weii certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDERAPPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAiL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
)r~p^ ' Accepted By / I (^fo^
L ^ Ke. . A.). s-L^dS'
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
ii)eOd la-^d S&^Cki
ER(S) S • f~ (o^ A..y^r*
S~r. -^/uD(k
LAKE NAME
DAYTIME PHONEPROPERTY OWN
MAILING ADDRESS 4-4
2ai/_______LAKE CLASS
r 7~V
LAKE NUMBER
SECTION 01?— TOWNSHIP J33 RANGE
p r-
TOWNSHIP NAME
^^7-7E-911
ADDRESS
PARCEL
NUMBER ^ /4g /or> /
LEGAL DESCRIPTION
PT GL 3 BG 100' W FR SE COR, W
715', N TO LK, E ON LK TO
POINT 550' W FR E LN GL 3, S
300' TO S LN PUB RD, ELY 80.01', S 157', E 350', S 300'
TO BG
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request!
Topographical Alteration__ Commercial Use__ Cluster Development Extractive Use
Miscellaneous
Industrial Use
Forest Land Conversion
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.O^^jOT To T. aa)j0bT^% T s'Tgs
^ ii-e-pe^id-euST s ! fd5
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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.
SIGNATURE OF PROPERTY OWNER (Si ^ ^SIGNATURE OF PROPERTY OWNER (S)DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Wili Receive Notification As To The Date/Time Of Hearing)
i
MDate Of Planning Commission Hearing Time
Planning Commission Motion
August 11. 2004:
Motion: A motion by Sha, second by Lachowitzer to approve as presented, allowing 6
cabins, 38 dependent campsites & 0 independent campsites; the Permit will be valid for
18 months. Reason for approval being that this will be a reduction in the number of
units.
Amended - April 7nn«;
rdrai*!;” ^ motion by Wilson, second by Maske to allow the roofline as requested
(orawing received by Land & Resource Management March 31,2005).
Asujt
Chairman/Otter Tail County Planning Commission
County Board Action Amended - April 19. 2005Motion: Motion by Froemming, second by Lee, and unanimously carried
Approved As Recommended to clarify that CUP #6151 allow additions to existing cabins and also, allow
a single roof as presented in a drawing received by Land & Resource Mgt.
March 31, 2005.Denied As Recommended
Other
’Chairman/Otter/ail County Board of Commissioners h 1 J o V
Date of F^inal Action
ClUAj)^ gkCONDITIONAL USE PERMIT # b / ^ I
L & R Official/Date
Permit(s)^equired from Land & Resource Management
Yes (Contact Land & Resource Management)No
I MSCopy of Application Mailed to Applicant, Co. Assessor and MN DNR
L & R OfTicial/Oatebk 0204-006
317.339 • Vido> Lmteen Ca. Pnniers * Fergus Fals, Unnesoia
I
pT^Board of Commissioners' Minutes
M^y16,2006
Page 6
Exempt Permit Application
Motion by Lee, second by Nelson, and unanimously carried to approve, \A/ith no waiting
period, the LG220 Application for Exempt Permit, as submitted by Pelican Rapids Area
Chamber of Commerce for an event scheduled to be held on Saturday, October 7, 2006, at
The Club.
Recess & Reconvene
At 10:54 a.m.. Chairman Froemming declared the Otter Tail County Board of Commissioners
meeting recessed for a short break. The meeting was reconvened at 11:01 a.m.
Planning Commission Recommendations
Preliminary Plat & Conditional Use Permit - “South Shore"/BluebiH Shores, LLC:
Motion by Froemming, second by Mosher, and unanimously carried to approve a Preliminary
Plat known as “South Shore” consisting of 11 lots for single family residential use and 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 GL 2 ex trs (16.19
Ac) & pt of GL 3...(3.98 AC) Section 7 of Otter Tail Township: Long Lake (56-210).
Conditional Use Permit - Woodland Beach Resort Assoc., LLC:
Motion by Mosher, second by Froemming, and unanimously carried to approve a Conditional
Use Permit to install new footings and foundation under an existing cabin and install new roof
as presented. The property is described as Pt GL 3, Section 2 of Everts Township; Otter Tail
Lake (56-242).
Amendment of Conditional Use Permit - Woodland Beach Resort Assoc., LLC:
Motion by Mosher, second by Block, and unanimously carried to allow a rotation of the roof
lines to run east and west to match the previously approved request and approve this
amendment to CUP #6151. The property is described as R GL 3, Section 2 of Everts
Township; Otter Tail Lake (56-242).
Preliminary Plat and Conditional Use Permit - ‘‘Johnson Lake Estates First Addition’YPinnacle
Land Development Inc:
Land & Resource Director, Bill Kalar, stated that this request was recommended for denial by
the Planning Commission for various reasons as documented. Glen Freeland, President of
Pinnacle Land Development, LLC, stated that, contrary to the Planning Commission’s
problems with the storm water drainage plan, he felt it was a very well done plan that follows
all Shoreland Ordinance regulations and stated that there is adequate building area on Lot 4.
He requested approval of the plan as presented. Motion by Mosher, second by Lee, to deny,
as recommended by the Planning Commission, the Preliminary Plat known as “Johnson Lake
Estates First Addition" and the Conditional Use Permit to service the, plat for the reasons as
stated in the May 10, 2006, Planning Commission minutes. Chris McCann of Interstate
Engineering, stated that the MPCA rules must be followed in the erosion control plan and the
plan was acceptable to them. Mr. Kalar expressed concern with the erosion control plan and
the buildability of Lot 4 and the likelihood of a buyer of the property actually building in the
area(s) indicated. Chairman Froemming called for a vote, on the motion for denial. Motion
carried unanimously. The property is described as Lot 2 ex tr. Lot 3 & pt 814 NE!4 lying
NWLY of Twp Rd ex N 6 rds of W 20 rds & ex tr. Section 9 of St. Olaf Township; Johnson
Lake (56-393).
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ROUTE 2, BATTLE IJU<£, W 56515
(218) 864-5851
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OTHER BUILDII'GS = .9 CaiTACES
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Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center • 540 West Fir
Fergus Falls, MN 56537
Ph: 218-998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
FILE MEMO
FROM: BilIKalar
DATE: August 1, 2006
Myron Tschakert, Cabin #6, Woodlawn Resort, Otter Tail Lake (56-242)RE:
On July 31, 2006, I reviewed the photographs Kyle Westergard took of the remains of
Cabin #6 which is owned by Mr. Tschakert. From this review, it appears to me that this
project is more of a replacement than an addition, which was approved by the
Conditional Use Permit (CUP) #6151.
Since this is the case, we will show the photographs to the Planning Commission on
August 9, 2006 in order to learn whether or not they agree with my opinion. If they do,
the next question is should we allow Mr. Tschakert to proceed or should he (or their
Association) apply for a new CUP. It should be noted that the only concern I have for
the “finished product” is the issue of public notification. In other words, someone may
not have been concerned with an addition, but is concerned with a replacement.
I have informed (telephone conversations) both Brett Hopponen (Association President)
and Mr. Tschakert of our intended action. I also told them that I would be on vacation
next week and would therefore get back to them the week of August 14, 2006.
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center • 540 West Fir
Fergus Falls, MN 56537
Ph: 218-998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
FILE MEMO
FROM: BilIKalar
DATE: July 25, 2006
Myron Tschakert, Cabin #6, Woodlawn Resort, Otter Tail Lake (56-242)RE:
On July 25, 2006, I discussed (telephone conversation) with Mr. Tschakert the
complaint I received yesterday which indicated his cabin, for which an addition was
permitted, had been completely removed. In other words, there is nothing to add onto
now.
Mr. Tschakert told me that in order to pour a new floor under the existing cabin, he had
removed the walls of his cabin. I told him that typically when a new foundation (or floor)
is being installed, the existing cabin is lifted up, a new foundation is installed, and the
existing cabin is placed on the new foundation. I also told him that in this case, the
existing cabin no longer exists which raises the question should a replacement cabin be
allowed.
Since this is the case, I reminded him that a stop work notice (“orange card”) had been
posted (Kyle Westergard, on July 24, 2006). I also told him that I would review Kyle’s
photographs (should receive later this week) and our file record and get back to him
(701-640-2354 or 218-557-8156) as to how this matter could be resolved.
t
FIELD INVESTIGATION REPORT
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otter Tail County, Planning Commission
August 9, 2006, Page 5
Motion: A motion by Boyer, second by Wilson to approve as presented with the following
conditions; 1. The Applicant complies with the letter, dated July 20, 2006, from MnDOT.
2. The issue regarding the location of the southerly lotline of lot 2 is resolved. Voting: All
Members in favor.
“Maple Hollow” / Thomas Deeqan & Susan Guthrie and Bruce C. Peterson - Denied :
A Preliminary Plat titled "Maple Hollow”, consisting of 8 Single Family Residential Lots, 1
Block & 1 Outlet; and a Conditional Use Permit Application (as stated by the Applicant): To
construct approximately 3,300 feet for the proposed road in the preliminary plat of Maple
Hollow. The dedicated road will be constructed to the minimum road standards of
Appendix 3 of the Otter Tail County Subdivision Ordinances. The property is described as
Pt GL 1, 2 & 5..., & GL 5 Ex Tr & N 66’ of E 320’ of GL 4..., Section 14, Star Lake
Township: Star Lake (56-385), GD.
Jim Peterson (Anderson Land Surveying) and Gary Johnson represented the Application.
Tom Collins (Star Lake Townboard) expressed concerns with Bright Star Road & 380'^ St.,
the proposed road and traffic. Wade Felton (on behalf of Spruce Lodge) expressed
concerns regarding Bright Star Road and traffic (not for or against the project). Joe
Betterman expressed concerns regarding Star Bright Road. Paul Pfeiffer expressed
concerns regarding safety and traffic.
Motion: A motion by Arno second by Maske to deny for the following reasons: 1.
Wetland impact. 2. Density. 3. Suitability of the roads leading into the development.
Voting: All Members in favor.
Woodlawn Resort. Otter Tail Lake (56-242)
Conditional Use Permit #6151 - New Conditional Use Permit Required:
Tim Griep presented a Memo and photographs from Bill Kalar indicating that Cabin #6 has
been removed. Conditional Use Permit (CUP) #6151, issued August 27, 2004, allowed for
an addition(s) to cabins #2, #4, & #6. The question to the Commission was whether they
felt a new CUP should be required to replace the cabin. After some discussion, the
Commission indicated that CUP #6151 was for an addition, and that a new CUP should be
required for replacement.
Adjourn: At 10:50 P.M., Chairman Olson set the Meeting. The next Meeting is scheduled
for 6:30 P.M. on August 16, 2006.
Respectfully submitted
Marsha Bowman
Recording Secretary
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