09-18-1989 Planning Packet - Laserfiche WebLink

Home Browse Search

■ vS:'.**.* .': •• ’ ‘‘••* . 4^^*. ■ “ '■esc L■ rt iz ■ 0it|i;nii|!VnBnpnanapBi|««4 m " ;:■ . • ■■ ; •■/ :..•. - A v'.". ;'.. V . ■ ■'■, ■■: ■.^ %^w September 14, 1989 Al^n G. Carlson 3125 Fox Street Long Lake, MN 55356 Jeanne A. Mabusth Bui’ '.ng & Zone Administrator City of Orono Following the report of Sunde Engineering, I believe it ia appropriate for my application to contain my position on the legal basis for the use of a portion of the treed acre for road purposes. The first basis is that the treed area does not fall within the definition of a protected area. The Orono Code defines a protected area to be a low area that is "subject to periodic flooding or overflow." The treed area does not flood and it does not take overflow from other areas. I understand that Orono orig.naxxy designated the protected wetlands approximately thirty years ago based upon aerial photographs. Sinej that time, the nature of the treed area has changed. The ditch system has kept water *rom other areas out of the treed area and the trees have flourished. Today, this treed area does not fit the definition ® r^o^®cted area. While the entire ten acre of trees could be redesignated, I am not asking for that. I am not asking to use the ten acres for home sites. I am only asking that that one<> thir.. or an acre of that treed acres be used for a road. The second legal basis for using the approximately one-third acre tor a road is that, assuming the land were protected wetlands, a variance should be granted under Section 10.08, Subd. 3 of the Orono Code, because the variance "will not alter the essential character of the locality." As Mr. Sunde discussed, the road alternative ®"'^^^°"“®ntally superior to the peripheral road Very truly yours. Alan G. Carlson •v'S •n-- ■ r . . 1 -.mm Sj -V..;.: ,■ ■■ ■:“V;