HomeMy WebLinkAbout25000020012031_Conditional Use Permits_05-17-2000Conditional Use Permits
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870801 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # 87*0801
was fiied/recorded in this office
for recor^n the ^ day of______^cJr 2000 at 1^-30 anror^
Wendy L Metralf.^unty Recwder
by: Q-BeptrtyI ^ Recording fee ^
^ ^weil certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
“•COMPLETE THIS APPLICATION IN BLACK INK***^ 160’00Application Fee
Receipt Number
SfK\^PROPERTY OWNER DAYTIME PHONE
PvPv DP&a.v~RM«L]At»e. . NVi S^ZoADDRESS1
3_6AroiteaTai^LAKE NUMBER LAKE NAME
SECTION 02. __TCWNSHIP /SJ^
LAKE CLASS
_ RANGE 04O TOWNSHIP NAME
5D<V FIRE/LAKE I.D. NUMBERPARCEL NUMBER t
EXPLAIN YOUR REQUEST
VAfc. lAu_&i. A/«-
OF P^YAvviv^c. CiAtx-.
Ui<ii, 3t~ QvSWtYS, “i/ AtiO'li. G/sAOfe,
)Q E'fic'S-Tl/vrG..
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.
^7 SIGNATURE C
QO
OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
BK-029MXW
94.913 • NActor Lund—n Co.. Prir—r • Fatgui FoIa Minn—oh
'/ff %/o
L &ROffici^/DateAccepted By Land & Resource
MCU|. nDate Of Planning Commission Hearing Time
Planning Commission Motion
May 17. 2000
' Motion: A motion by Schwartz, second by Sha to deny the request; reasons as follows:
1. The unit is exceedingly large (6’ base). 2. The shore impact zone would be dug-up in
the process of moving the unit. 3. Approving this request would set a precedence in
allowing a vision obstructing unit. 4. Once the unit is moved, it would no longer be a
retaining wall.
% ■
♦
4
• *
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Chairman/Otter Tail County Planning Commission
i
County Board Action i. *.'i,: f ....•' < 'I'4\n • !Approved As Recommended •j
\ ■
. .i.' 1.^ IDenied As Recommenderd t •
./t.7 j'-""’*-;Other
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Chaifman/Otter Tail County Board of Commissioners Date of Final Action
L & R Official/Date'^
CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)No
10Moo M-Copy of Application Mailed to Applicant And MN DNR
L & R Offitial/Date
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DEPARTMENT OF THE ARMY
ST PAUL DISTRICT, CORPS OF ENGINEERS
ARMY CORPS OF ENGINEERS CENTRE
190 FIFTH STREET EAST
ST. PAUL, MN 55101-1638
May 9, 2000REPLY TO
ATTENTION OF
Construction-Operations
Regulatory (00-04077-LAG)
Mr. James Briks
RR
Breckenridge, Minnesota 56520
Dear Mr. Briks:
We have reviewed information about your project to repair an
existing retaining wall on Otter Tail Lake. The project site is
in Sec. 2, T. 133N., R. 40W., Otter Tail County, Minnesota.
We have determined that this work is authorized by a
Department of the Army General Permit (GP/LOP-98-MN), provided
the attached General and Standard Conditions are followed.
This determination covers only the project as described
If the design, location, or purpose of the project isabove.
changed, our office should be contacted to make sure the work
would not result in a violation of Federal law.
This General Permit is valid until January 31, 2005, unless
It is the permittee's responsibility toor revoked.reissued,
remain informed of changes to the General Permit program,
this authorized work is not undertaken within the above time
If
period, or the project specifications have changed, our office
must be contacted to determine the need for further approval or
reverification.
It is the permittee's responsibility to ensure that the work
complies with the terms of this letter and any enclosures, AND
THAT ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS ARE
OBTAINED BEFORE WORK PROCEEDS.
If you have any questions, contact Leo A. Grabowski in our
In any correspondence orBrainerd office at (218) 829-8402.
inquiries, please refer to the Regulatory number shown above.
Sincerely,
Char M. Hauger
Chief, Regulatory Branch
Enclosure
Otter Tail Land & ResourcesCopy Furnished to:
@ Recycled PaperPrinted on
Minnesota Department of Natural Resources
DNR WATERS
1221 FIR AVENUE EAST
FERGUS FALLS, MN 56537
218-739-7576
April 2, 1999
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Mr. Bruce Docktor
P.O. Box 1145
280 South 11"' Street
Wahpeton, ND 58074
Dear Mr. Docktor:
VIOLATION 99-1316, BRIKS, OTTER TAIL LAKE (56-242P), OTTER TAIL COUNTY
On March 30, 1999, you and I inspected the Brik’s property on Otter Tail Lake. As we discussed, the
existing wall, which is in a state of disrepair, requires a Department of Natural Resources permit to
repair it. Oyr records show a permit was never issued for the original construction of this wall as
required by Minnesota Statutes. As we discussed, Minnesota rules would not allow for the wall to be
built. Therefore, there is not much reason to apply for a permit.
As isf evidenced by the condition of this wall and its history of past repair, it will not survive the forces
of nature at its present location. If the property owners want to stabilize their shoreline, I would suggest
riprap to be the most effective method similar to that existing on each side of this property. If the owners
want to retain the wall, it should be moved back beyond the zone of ice influence. This is above the
Ordinary High Water Level and would require a permit from the Otter Tail County Land and Resource
Management office. You may contact them at 218-739-2271.
We are willing to work with you and the landowner to cooperatively remove the wall. In the event the
landowner chooses to leave the wall in place, we may have to begin some type of legal action.
Assuming the cooperative route is most desirable, enclosed is a permit application for your convenience.
It would be desirable to include a sketch including dimensions with the application for a plan to stabilize
the shoreline. Should you have any questions, please feel free to contact me at 218-739-7576.
Sincerely,
RECEW0J
;HPR 1 4 W®®
/JiAA^CA
Terrence R. Lejcher
Area Hydrologist
1
Enclosure
TRL/lb
Region I Waters
Tim Griep, Otter Tail County Land and Resource Management
c:
1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929DNR Information: 651-296-6157 •
An Equal Opportunity Employer
Who Values Diversity
Printed on Recycled Paper Containing a “•W Minimum o1 10% Post-Consumer Waste
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone: (218) 739-2271
Court House
FERGUS FALLS. MINNESOTA 56537
July 2, 2001
Robert W. Bigwood
Pemberton, Sorlie, Rufer, & Kershner, P.L.L.P.
PO Box 866
Fergus Falls MN 56538-0866
RE: James Briks Property, Otter Tail Lake (56-242)
Dear Mr. Bigwood:
As you may know, technically Mr. Briks’ retaining wall falls within both the Minn. Dept, of
Natural Resources’, (DNR) and Otter Tail County’s (County) jurisdictions.
It is my understanding (telephone conversation with Terry Lejcher, DNR Area Hydrologist
on June 29, 2001) that Mr. Briks has applied for the appropriate DNR permit for that part of
his project within their jurisdiction (below the Ordinary, High Water Level).
It is also my understanding that you feel a Site Permit from this Office should not be
required for that portion of Mr. Briks’ project within our jurisdiction (above the Ordinary High
Water Level). While I agree that a Site Permit should not be required for this project, it
appears that either a Grade and/or Fill Permit or a Conditional Use Permit may be required
(see Sec.lV.S.B. of the Shoreland Management Ordinance of Otter Tail County).
In order to determine whether or not a permit from the County is required, I would request
that a detailed (scale) drawing of Mr. Briks proposed repairs be submitted to our Office for
review.
If you have any questions or comments regarding this matter, please contact our Office.
Sincerely,
Bill Kalar
Administrator
CC: Terry Lejcher
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