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1* •.1 <br />I <br />RICHAI409, Montgomery . Good & B aodforo . P. A.LAWYERSraco • •NToea <br />(owaao c.OAkC <br />•caOHANa aiCHAao* <br />COMUNO T. MOa'OOMCar <br />MATMAa A coeo <br />AAui A.*aooata,.>a <br />6MAai.es A. OAOsroau - <br />Mcivia o MCCAt <br />oacea c.tocaMAaT <br />atlkUAM O BALC <br />evaa « TaucsuCLb ■ <br />.icaoMt C eaiucs <br />k.M.MAT, .«a, <br />aiCMAxo k.iutMea <br />JOaATHAM a. SCOkk <br />jACa A. aosocno <br />jAMts m. aaoMAa <br />TCLCaMOMK 9M>«84i <br />M30 GAIN TOWER <br />B«7 MAROUCTTC AVC. <br />MINNEAPOLIS <br />MINNESOTA SS40S <br />Docenber 4/ 1973 <br />Mr. Richard Dunlap <br />60 Cygnot Place <br />Long Lake, Minnesota 55356 <br />Dear Mr. Dunlap: <br />I am writing in response to your request for <br />an opinion as to whether you are required by the Zoning <br />Ordinance of the Village of Orono to secure a Conditional <br />Use Permit•for excavation for a small pool which you have <br />in your hack yard. <br />It is my understanding that while you wore <br />constructing your new house during the summer of 1972, <br />it was discovered that the water table in the back yard <br />was very close to the surface and that as a part of tho <br />landscaping of the yard in connection with tho construction <br />of a new house, yo*» had a small area excavated below tho <br />surface which immediately filled with subsurface water. <br />The soil excavated from this area was removed to an adjoining <br />lot owned by the Village Engineer and was deposited there <br />with his consent. The area around the pool was then land­ <br />scaped as part of the landscaping of tho yard and house. <br />It is also my understanding that prior to making <br />this excavation you inquired of Mr. Schellor, the Building <br />Inspector, as to whether any pern.it was required and J|io <br />Informed you that no permit was required for this excavation <br />for this purpose. <br />You now have received a letter dated November 29, <br />1973, from Mr. Scholler informing you that tho Village <br />Council, at its meeting November 26, “voted that all ponds <br />excavated since tho enactment of the Excavation Ordinance <br />in 1967, should come into conformance by applying for a <br />Conditional Use Permit as required by the Ordinance", and <br />• — •• •, , <br />* # <br />f * • ■ <MP< <br />a <br />l /w'ii'