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HomeMy WebLinkAbout16000340189001_Variances_06-08-1978—^ White - Office Yellow — Owner Pink “ Township b-APPLICATION FOR VARIANCE FROM* Requirements of Shoreland Management Ordinances Otter Tail County, Minnesota /< !?£ // ♦ < *y Phone No.Owner:Last'Name MiddleFirst fp-rILL Street & No.City State Zip No. 3 S~T oLegal Description: Lake No..Lake Name Lake Class 3 SLAAyOtLLklAiLLSec.Twp.Range Twp. Name. /^ A- /f & 'T ^ ^ To /3^~Ac^A Ter 3 C If applicant is a corporation, what state incorporated in____ Applicant is: ( ) Owner ( ) Lessee ( ) Occupant ( ) Agent List Partner's name and address below:Is Applicant a partnership yes or no NAME, ADDRESS AND ZIP NO.NAME, ADDRESS AND ZIP NO. This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditons found in what Section of the Ordinance:_____ EXPLAIN YOUR PROBLEM HERE: lif e 6/ X P /-/ (T /Ul /P /XL T «/A X- j6: S S TAP PXL x/ /(/ / c // yS yy7-<c «- /-//PAT- /T y'P 3 ' A1 a /i //. yCr«^ A L~-/f 6 ‘ In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. 73xL C/r 19Application dated.. X .^u-r Signature of Applicant7 —DO NOT USE SPACE BELOW— 19___Date application filed with Shoreland Management Administration________________________________ Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( )Both ( ) Filing acknowledgement By Signature Date, time and place of hearing DEVIATION APPROVED this______ (OR ATTACHED) REOUIREMENTS: dayof_, 19____WITH THE FOLLOWING T<f — ~LbC) Signature Chairman Otter Tail Planning Advisory Commitalon Deviation Approved this 19.day of.. By. Malcolm K. Lee, Shoreland Management Administrator Otter Tall County, MinnesotaMKL-0871-016 171988-A® VICTOH LUN9CIN 99.. PRIMTIUt. ftR«U« fAkU. MHIN. 1 - i ‘V.;• v_ 1’ 1' I i ^i;v: ♦ /■ ■> 1 ■¥>■ P;=4 'fo.Kii^ (3 ^.'*vAaJJ^ ^|(/V>vX ',|:M''^n"s'- I , - Appt°" ?A■V ;- i t, 'V-i I- .'■■ I ' ■ ' •{.—,6 • -r \■i p ■I:t?;’l,\: im ' ■ ■■ ■ ■I >* \W’^ '■>:. ' 'A •H' 1 i.'\‘- - ,'5-’ %'■ ♦r i'. ; ■ t\ ■ A.J- K'l>■s.i' ■ y. r.'frf ■• {-■ C.li ;'''-'{^ 'l- i. , ^ ' ,. '.' 't' ''V- ?,1.,' '..!'■ • .'. t \-'-s'-, ■ ■I*'' s i ■> , ■ , !•\V\•\,- I ■ ■ f .1' >,vij ;■ ^ c? O^oo/'"<fa<yuAc?Y mryw, plan, or rrpor» rre ot u:»Jnr mv m per- T ?;- ■am a dul? RtA''''r''d i-Hidvision nnc! ch«it ( c law* of Siatr ci’Minnc-14 ‘ : Met.2jtSi< •i '■ t-:' :p: ■ plW'-'.’4,' C . Vi’V Ite;'. . ■ ■ A'paro»l In Qov«mm«nt Lot Two (2) Saotlon Thrto (3) Tovrnahip on# hun­ dred thirty-flve^ (155) Korth, ilang# forty-on# (41)'^■t.^ tn# 5th prin- __ of LPt 26 of P#ach'B if* #lghty «adTthr#e-t#ntha (80,3) fA*^» th#nc# N. A8o45‘li:. on# hundred two and elfeht-tenth# (102.8) feet to\th# point of beginning, theno# N.6053 li#.. el^ty (80) feet, thence N,73®07'iil* onm hun­ dred (lOO) feet, thence S.6 53 *eventy-four and five-tenth* (7^*5) feet to the mean high water line of S^^l»Lalce, thence S.70®07'lf, or^* hundred one and one-tenth (101.1) feet tp .tie point of beginning. don^«^nlng O. 17 Acre. clpal meridian, aa follows j from the npjHheaat Beach, thence 3.. 7® O' ^ ----- ^corner \ 'Ji' i f.: 'j %j’*. 'w-\^ ReT. 74 STATE OF MINNESOTA DEPARTMENT of NATURAL RESOURCES Division of Waters, Soils 5 Minerals AMENDED APPLICATIONAPPLICATION FOR PERMIT TO WORK IN PUBLIC WATERS V u Guy E,, Worden _____(pririt or tuve apoticant's name) (Section 3. Township 135, North, Range 41 West, and Section 34, Township 136 sectionis) -, section(s) ___________- , township no-fs)-, range(s) - , catioA)R^ng§oute^f^^Dent*^^M§^^^^^ in Exhibit A attached to the original appli , the owner of land in Government lot(s) quarter (fire no.j box no. or aadress)(Lot, block & subdivision) county(ies) Otter Tail Star Lake, which is riparian to (name of lake or stream) applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to work in the public water(s) named above, in accordance with all data, maps, plans, and other information submitted herewith and made a part hereof. PROPOSAL / / excavate, /X / fill, / / construct, / / remove, / ! install, / / abandon, or / ! other(specify) _________________________________ THE FOLLOWING: / / dam, / X/ shore-protection, / X/ shoreline, / / harbor, / / channel, / / bridge, (check) / / culvert, / / wharf, / / obstruction, or / / other (specify) _____________________ IT IS PROPOSED TO: (check) JUSTIFICATION Explain why this project is needed: Ovcr the ycars. wavc actioH has washed sand into the existing channel, closing the channel type entrance to the lagoon. Original! I applied to the DNR for permission to dredge the channel entrance so that tb channel could be used for recreational use as well as a fish spawning area (see attached) 1. .Anticipated changes in water and related land resources: There will be nO Substantial Change i water or land resources. The channel has existed for some 21 years. In recent years wave action has partially blocked the entrance to the channel. Filling of the channel would restore the area to its original state and bloc! the interchange of waters.from the lagoon, judged detrimental by the,DNR, wit2. Unavoidable but anticipated detrimental effects: ® trOm Star Lake. There would be no observable detrimental effects. It was originally believec that the area was used as a fish spawning area. However, the DNR has deter­ mined that this in fact is not the case. The area as it now exists has no recreational value and the filling of the channel would be beneficial to the area without detracting in any way from the area. 3. Alternatives to the action jjroposed: There are two solutions to the present situation; 1) Dredge the channel thereby permitting a free interchange of the waters between Star Lake and thf lagoon. This should be done on the theory that the waters now existing in tb lagoon have stagnated and that this accounts for their poor quality. A channeling of the lagoon would then ultimately lead to an increase in the (see attached) 1. Describe the type and amount of aquatic vegetation present: There iS nO Vegetation in the channt area itself which will be filled if this permit is allowed. However, there i a substantial amount of vegetation growing in the lagoon, which vegetation ha become more abundant since the water became stagnant.2. Describe the nature of the material beneath the water: Sand, gravel and silt. ENVIRONMENTAL IMPACT PROJECT SITE DATA The upland areas are similar to the lands which The upland areas are primarily agricultural lands 3. Describe the nature of the upland area: surround all of Star Lake. and in particular are planted with grain type crops.4. Describe tv'pe and amount of nearby shoreland development: The nearby shoreland haS been developed. To the south and west the property has been platted and sold in lots. Other nearby areas are used for resort purposes. 5. ENCLOSE S:<ETCH DESCRIBING WATER LEVEL FLUCTUATIONS.ATTACH EXTRA SHEETS IF NECESSARY(see instructions) (continued on reverse side) / Justification Continued: However, the DNR has denied my permit application because the lagoon is said.to contain plant life which would be detrimental to Star Lake if the waters were permitted to freely flow between the two bodies. To protect against the detrimental aspects of the lagoon noted by the DNR and to permit me to restore the shoreline to its original state so that it might be used for recreational purposes I would like to fill in the channel entrance to the lagoon. Environmental Impact 3. Continued: water quality in the lagoon and would give the area a recreational use. Since this alternative has been deemed inadequate the second alternative would seem appropriate. That alternative would be the filling of the channel area to its original condition. This would seem to be the best alternative. The only other alternative is to do nothing. This would be beneficial to no one. The shoreline in that area and adja­ cent lands are virtually useless recreationally in their present condition. At the same time the lagoon presently has a higher water level than Star Lake. A couple of good rains would cause waters from the lagoon to over­ flow into Star Lake, causing contamination. In short, the filling of the channel area appears to be a solution which would be to everyone's benefit and to no ones detriment. / W-S4 CONSTRUCTION DATA (also attach sketch or draining) Channelling Total length (feet) ------ Length in lake/stream (feet)- - Existing Proposed Alterations along shore Proposed 10 feetDistance along shore (feet) Bottom width (feet)■100 feetDistance waterward (feet) Side slopes (ratio) Average depth (feet) Gradient (%)- - - - Thickness of fill material (feet)- - -4.-6 feet Depth of excavation (feet) ----- - A dump truck and a hand shovel.1. Describe type of excavation equipment to be used, if known: 2. Describe location (include map) and characteristics of spoil disposal site proposed: None 3. Kould maintenance excavation be necessary? (check) ! 7 YES /X~7 NO Explain: There WOUld be no maintenance excavation necessary. I anticipate that the only maintenance work necessary will be to mow the grass, 4. Volume of material to be removed initially (cubic yards)'. Muck or silt Rock or stone None NONE Sand or gravel None ATTACHMENTS CD $15.00 filing fee, CJ photographs, CD other (specify) Exhibit A and Exhibit B attached to original applica-Applicant declares that information submitted herewith and statements made herein are a true and correct tiOT representation of the facts, and that the filing of this application and information with the Commissioner of Natural Resources is priraa facie evidence of the correctness thereof. ) day 19-^ ^COMPLETE APPLICATION SUBMITTED TO:Dated this Dora(1) Name of city or toon ship Signed (applicant)Vergas. Minnesota 56587 treet d post offices (lessee) (2)AddressName of watershed district (3) Shoreland Management Administrator City Otter Tailof County State d <Zip code ' State of Minnesota )AFFIDAVITss. County of Otter Tail Guy E,on this before me personnelly appeared Wnrdpn who being first duly sworn and to me known to be the person application, acknowledge(s) that he who executed the foregoing hisexecuted the same as own free act and deed and that the statements, maps, plans, documents, and other supporting data are true and correct according best knowledge and belief.histo +-F-I JOANN TOMWIERDAHL | I notary public MINNESOTAOTTER TAIL COUNTY 1 * My Commission Expires FEB. 13,1983 |Notary Public County i 4 Mv r'lmmi S« i on 10 RUFER. HEFTE. PEMBERTON. SCHULZE & SORLIE ATTORNEYS AND COUNSELLORS AT LAW LAW OFFICE BUILDING FERGUS FALLS, MINNESOTA 56537 CABLE AODHESS; JUHISLEX OFFICES ALSO:AREA CODE 218-736-5493 THURSDAY A . M . P A R K E R S PRAIRIE. MN ROGER L. DELL 0920-1953*.THURSDAY P.M.. HENNING. MN ROBERTO. BLATTI <1933 19701 GERALD S. RUFER RICHARD C. HEFTE RICHARD L. PEMBERTONDepartment of Natural Resources Division of Water, Soils & Minerals Centennial Office Building St. Paul, MN JAMES L. SCHULZE OSCAR J. SORLIE. JR. STEPHEN F, RUFER ROBERT J. SEFKOW55155H.' MORRISON KERSHNER March 3, 1977 Application for Channel Excavation on Star Lake, Otter Tail County Our File No, 76-1593 Re; Enclosed please find an application for a permit to work in public waters, submitted on behalf of Guy Worden of Fergus Falls, submitted pursuant to Chapter 105 of the Minnesota Statutes. I presume the papers are in order, but in the event I have neglgected to include a required form or have failed to satisfy a certain procedure please inform me. Mr. Worden owns a tract of land on Star Lake in Otter Tail County, About 21 years ago a lagoon was constructed on the property. The lagoon was connected to Star Lake by a channel. Area residents used the lagoon as a marina. It also served as an ideal fish spawning area. The lagoon is unlike many manmade lagoons. It is quite deep. Even in periods of low water it maintains a depth of about six feet. In recent years wave action has gradually filled the channel area with sand, closing the channel. During last year's drought the lagoon was entirely cut off from the lake and the lagoon maintained a water level higher than the lake. In its present condition the lagoon is worthless as a marina. Further, it can no longer serve as a fish spawning area for Star Lake. Notably, the lagoon has not degenerated into a so-called "fish trap." Despite the facts that there are large populations of fish in the lagoon, and that the shallow channel freezes shut in the winter (during the present drought the channel has been closed year round) there has not been a "winter kill" of fish in the lagoon. 1 L Department of Natural Resources Re: March 3, 1977 Page Two Our File No. 76-1593 In June of 1976, Mr. Worden submitted a similar application for a permit. The Commissioner of Natural Resources denied the permit on October 29, 1976. Mr. Worden resubmits his application for several reasons: 1. Section 105.44(4) of the Minnesota Statutes provides that applications are to be acted on within twenty days. In this case Mr. Worden's application was not acted upon for about four months. 2. We believe the reasons given by the Commissioner for the denial of t he application need to be reconsidered. In the Commissioner's letter denying the application it was stated that there is a high quantity of aquatic growth to runoff from an adjacent feedlot. Mr. Worden informs me that the feedlot is no longer in operation. Also, the sealing of the channel has caused the lagoon to become stagnant, thereby encouraging.aquatic growth. One could expect that this would not be a problem if Mr. Worden were permitted to keep the channel open. We request that the Department of Natural Resources give thoughtful consideration to Mr. Worden's permit. We recognize that there are many lagoons in the State of Minnesota, and that the Department of Natural Resources does not favor their continued use. However, unlike many lagoons, this lagoon is deeper and consequently does not become a "fish trap." We believe that the dredging of the channel will maintain a recreational asset and help preserve and increase the fish population in Star Lake. H. Morrison Kershner ak t Enclosure 2Also enclosed find a $15.00 check for filing fee.P.S. RUFER. HEFTE, PEMBERTON, SCHULZE & SORLIE ATTORNEYS AND COUNSELLORS AT LAW I LAW OFFICE BUILDING FERGUS FALLS. MINNESOTA 56537 CABLE ADDRESS: JURISLEX OFFICES ALSO:AREA CODE 218-736-5493 THURSDAY A.M., PARKERS PRAIRIE, MN ROGER L. DELL H920-1953I ROBERT O. BLATT1 H953 1970)THURSDAY P.M.. HENNING. MNI •I:»GERALD S. RUFER RICHARD C, HEFTE RICHARD L. PEMBERTON JAMES L. SCHULZE OSCAR J. SORLIE. JR. STEPHEN F. RUFER ROBERT J. SEFKOW H. MORRISON KERSHNER 1 I Mr. MaLcom Lee Otter Tail County Shoreline Administrator Otter Tail County Court House Fergus Falls, Minnesota 56537 1 i !December 1, 1976 IN RE:Guy Wordon Our File No. 76-1593 I may have phoned you before you receive this letter but I am dictating it upon failure to reach you. Guy Wordon, an old client of mine, has inquired about a denial which he received of an application he made to dredge a lagoon on Star Lake. I have asked Morry Kershner, our newest lawyer in the office to look into this and I have suggested to Morry that he make an appointment with you to visit generally about your office and its functions and to receive some orientation from you. I recognize that you may or may not know something about this particular matter, but I think that you probably do and I would appreciate it very much if you would be willing to spend a little time with Morry. I am not as concerned about this particular matter as I am about the general proposition that Morry come to know your office and appreciate your facilities and services a little bit better for the future and that is one of the reasons I want him to handle this matter. I 1 If this does not seem to be a proper suggestion or if you have anything that you and I should talk about, perhaps you could give me a call. i iI Kind personal regards. ■> /C,-' -I ; Richard L. Pemberton mmo SCHEDULE "A” All that part of Government Lot Two (2) in Section Three (3) of Township One Hundred Thirty-five (135) North, Range Forty-one (41) West of the Fifth Principal Meridian, and Government Lot Five (5) and the Southwest Quarter of the Southwest Quarter (SW% of SW%) of Section Thirty-four (34) in Township One Hundred Thirty-six (136) North, Range Forty- one (41) West of the Fifth Principal Meridian lying South of the center line of Minnesota Trunk Highway 108 as located on April 5, 1967, and West of a line running North and South between the center line of said Minnesota Trunk Highway lOS as thus located and the shore of Star Lake from a point between the said center line and the shore of Star Lake located as follows: Beginning at a point 56.1 feet North of the Southwest corner of Section 34, Township 136, Range 41, on the West Section line of said Section; thence Easterly on an angle of 89° 53' measured from South to East 1717.2 feet on the center line of Trunk Highway 108; thence on an extension of this line 57 feet to the said previously mentioned point, except all areas heretofore platted and except the following two parcels: 1. A part of Government Lot Two (2) in Section Three (3), Township One Hundred Thirty-five (135) North, Range Forty- one (41) West of the Fifth Principal Meridian, described as follows: Beginning at the intersection of the Northerly line of the public road platted in the First Addition to Peach's Beach and lying North of the lots therein with the Easterly line of Lot Twenty-two (22) of said First Addition to Peach’s Beach extended Northerly in a straight line, thence running Northeasterly on a continuation of the Easterly line of said Lot 22 a distance of 25 feet, thence running Northv?esterly parallel to and 25 feet distant from the Northerly line of said road in First Addition to Peach’s Beach to a point of intersection with the Westerly line of said Lot 22 extended Northerly, thence Southwesterly along the Westerly line of said Lot 22 extended a distance of 23 feet more or less to the North line of said public road, thence in a Southeasterly direction following the Northerly line of said road to the point of beginning; and except 2. A parcel in Government Lot Two (2) of Section Three (3) in Township One Hundred Thirty-five (135) North, Range Forty- one (41) West of the Fifth Principal Meridian, described as follows: beginning at the Northeast corner of Lot Twenty- six (26) of Peach's Beach; thence South ~/^ 00' West 80.3 feet; thence North 48° 45’ East 102.8 feet to the point of beginning of the parcel described; thence from said point of beginning North 6° 53’ West 80 feet; thence North 73° 7’ East 100 feet; thence South 6°53’ East 74.5 feet to the Shore line of Star Lake; thence Southwesterly along the shore of Star Lake 101.1 feet more or less to the point of beginning.