HomeMy WebLinkAbout17000990566000_Variances_08-21-1980APPLICATION FOR VARIANCE .A/-
FROM
Requirements of ShorelandManagement Ordinances Otter Tail County, Minnesota
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Owner:
Last Name
City State Zip No.
Legal Description: Lake No, ^ Qy Lake Name Lake Class
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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 conditonsfound in
what Section of the Ordinance:._____
EXPLAIN YOUR PROBLEM HERE:
Y ao
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps,
plans, information about surrounding property, etc.
1 - i<r 19 PO . XApplication dated.■'u>,
1 Signature of Applicant
—DO NOT USE SPACE BELOW—
Date application filed with Shoreland Management Administratioa
Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) Both ( )
Filing acknowledgement By Signature
^ACuct UOytoa^uL CiMooJ
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i:, 19 ^<9DEVIATION APPROVED this______
(OR ATTACHED) REOUIREMENTS:
day of_WITH THE FOLLOWING
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- f ■iLSignature.
Chairman
Otter Tiii Pliphnlng Advitory Commission
Deviation
Approved this a 19i(L. By.TaC.
K. Lee, Shoreland Managernent Administrator
Otter Tail County, Minnesota^gok
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Cffice of County Recoxder
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A STATE OF
^iDEPARTMENT OF NATURAL RESOURCES
3rd Floor Space Center Building • 444 Lafayette Road
St. Paul, MN 55101
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(612) 296-4800 FILE NOI'HOlvIl: NO.
March 17, 1981
Mr. & Mrs. Perry Tabbut
1304 South 11th Street
Moorhead, MN 56560
Dear.Mr. & Mrs. Tabbut:
ATTACHED PERMIT NO. 81-1025, PELICAN LAKE (56-786), OTTER TAIL CO.
Attached is your permit authorizing you to construct a concrete retaining wall 100 ft. long x 3 ft. high x 12 inches thick. The backside of the wall
shall abut the eroded toe of the bank and shall extend waterward by no more
than 12 inches. Please note that the permit must be recorded by the County
Recorder of Otter Tail County and is not effective until you comply with
this requirement.
Upon receipt of certification of such recordation from you, a notice of
permit card will be forwarded to you. You do not have the authorization to
begin the work affecting public waters until you have received such notice of
permit card and posted same at the project site.
Sincerely,
DIVISION OF
!
/
james F. Cooper, Admitmtrator
Water Development Section
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JFC/pc
AttachmentRegion I Administrator
Region I Hydrologist
Region I Enforcement
Terry Lejcher
Otter Tail Co. Zoning
Otter Tail Co. SWCD
U.S.C.E.
Lake file
cc:
AN EQUAL OPPORTUNITY EMPLOYER
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATERS, SOILS AND MINERALS
Centennial Office Building, St. Paul, Minnesota. 55101
IN THE MATTER OF THE APPLICATION OF PERRY AND MARGARET TABBUT
f W 70 50
Rev. 1 1/70 P.A. No. 81-1025
»
PELICAN LAKE (56-786)for a PERMIT TO CHANGE THE COURSE, CURRENT. OR CROSS SECTION of
OTTER TAIL County.
PERMIT
Pursuant to Minnesota Statutes. Chapter 105, and on the basis of statements and information contained in the permit application.
are made a part hereof by reference, PERMISSION
whose address for the purpose of notices and other
__ which address is subject to change by written
letters, maps, and plans submined by the applicant, and other supporting data, all of whichIS HEREBY GRANTED to Perrv and Maroarpt. Tahhiit;
communications pertaining to this permit is 1304 South 11th StrRfit
notice from the permittee.Moorhead, MN 56560
Construct a concrete retaining wall 100 ft. long by 3.0 ft. high by 12 inches
thick. Backside of wall shall abut the eroded toe of the bank and shall extend
waterward by no more than 12 inches.
To
SPECIAL PROVISION:This wall shall be painted an earth tone polqr.
This permit does not authorize boat house construction. Such a permit must be Qb-
tained from the Otter Tail County Land and Resource Office.
PROPERTY DESCRIBED as; Section 12, T 137N, R 42W
for the purpose of construction of retaining wall.
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS;
Otter Tail COUNTY
GENERAL PROVISIONS
This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal
Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by
law.
1.
2.
3.
No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources, in the hydraulic
dimensions, capacity or location of any items of work authorized hereunder.
The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the
Commissioner of Natural Resources for inspection of the work authorized hereunder.
This Permit may be terminated by the Commissioner of Natural Resources, without notice, at any time he deems it necessary for the
conservation of the water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions
of this permit, unless otherwise provided in the Special Provisions.
4.
5.
6.
SPECIAL PROVISIONS unless terminated as hereinafter provided
November 1, 1931Construction work authorized under this permit shall be completed on or before
written request to the Commissioner by the Permittee, stating the reason therefore, an extention of time may be obtained.
I.. Upon
The excavatron of soil authorized heroin shall not be construed to include the removal of organic matter f rOHI bolOW tho Qrdj nary
unless the area from which such organic matter is
II
High Water elevation 1318.0'
removed is impervious or is sealed by the application of bentonite after excavation.
In all cases where the doing by the permittee of anything authorizedby thispermitshallinvolvethetaking.using.ordamagingof anyproperty
rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the
permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall
acquire all property, rights and interests necessary therefor.
This permit is permissiveonly. Noliabilityshallbeimposeduponorincurredby theStateof Minnesotaor any of itsofficers, agentsor employees,
officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from
any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall
not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its
agents, employees, or contractors, tor any damage or injury resulting from any such act or omission, or as estopping or limiting any legal
claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with
the provisions of the permit or applicable provisions of law.
Ill
IV.
No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any
portion of the bed of said waters which lies below.
V elevation 1318..G
. It shall be the duty of the permittee to determine correctly all pertinent elevations
at the site of the work for the purpose of complying with the conditions of this permit.
Any extension of the Surface of said waters resulting from work authorized by this permit shall becorrte public waters and left open and
unobstructed for use by the public.
VI.
(over)
SPECIAL PROVISIONS
VII. This permit shall become effective on the date it is recorded in the office of the County Recorder of Otter Tail County; provided, the work affecting public waters authorized
herein shall not be commenced until a Notice of Permit has been conspicuously posted at the construction site and a copy of the recorded permit is posted on or near the premises upon
which such work is conducted. A Notice of Permit will be issued by the Commissioner upon
his receipt of a Certified copy of the recorded permit.
VIII. All general and special provisions of this permit shall bind the permittee, his heirs
and assigns and shall run with the land.
_I^. The permittee shall comply with all rules, regulations, requirements, or standards of
the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies.
__X. Spoil material shall not be placed on the beds of public waters.
XI. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance excavation, permittee shall advise the De
partment of Natural.Resources of the volume of material to be removed, the manner of removal, and the spoil disp6sSr’’site(s) proposed. If the Commissioner'of Natural "Resources deter
mines that a field inspection is necessary prior to approving such maintenance-Work, the permittee shall submit a check payable to the State Treasurer to cover the actual cost of the inspection, or $25.00, whichever is greater, pursuant to Minnesota Regulations 6 MCAR § 1.5000, Paragraph G. Maintenance excavation shall not be commenced until permittee's
receipt of the Department's approval.
XII. This permit does not obviate any requirement for federal assent from the U.S. Corps
of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, MN 55101.
cc: Region I Administrator
Region I Hydrologist
Region I Enforcement
Terry Lejcher Otter Tail Co. Zoning
Otter Tail Co. SWCD
U.S.C.E.Lake file
Executed at St. Paul, ^nneso^ this /Q day of A
COMMISSIONER OF NATURAL RESOURCES
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BYr))TATE OF MINNESOTA
:0UNTY OF . )
On this /<^ day of
;nd for said County, personally appeared
James F. Cooper,
Deve;lX5*nent Sect!listrator) ss.
__19^/, before me, a Notary Public within
(Name and Title)
:o me personally known to be the person who executed the foregoing instrument on behalf of the
;tate of Minnesota and acknowledged that he executed the same in his official capacity as his
ree act and deed, pursuant to the statutes in such case made and provided.
V
HIS INSTRUMENT WAS DRAFTED BY:
k)Ury Public,^
ly Commission expires
Terry Lejcher, Area Hydrologist ____ County. MN
/A
Name)
1221 Fir Avenue East
Address)
Fergus Falls, MN 56537
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• rOlirUY
C\:c. 30, 1936..’...I v,'.