06-15-1987 Planning Packet - Laserfiche WebLink

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Mr. Richard Dunlap Page 2 ' ho requested that you submit a Conditional Use Application on a form which ho submitted. You have furnished me with a copy of Ordinance No 125 of the Village of Orono which it is my understanding is thc Ordinance referred to by Mr. of November 29. This Ordinance imposes an amendment to 31 700 31.705 and 31.710 of Chapter 31 of the M^icipal Coa^ot Orono, which Chapter is tho Zontn? Ordln«>c« of tho village Section 31.700 provides that "it shall for anv person**to remove**sand, gravel, dirt or similar ^L?ial within the limits of the Village of Orono, without a Conditional Use Permit issued by the Village But Section 31.710 qualifies this Section . P "the requirements of Section 31.700 arc govern the normal and ^ :stomary grading of the orea of an existing or. a newly constructed building and earth moving shall be approved by the Building Inspector at tho tiiM of issuance of the Building Perxait. Mr. Scheller in his letter of November 29, states that tho Village Council, at their meeting of November 26, 1973. "voted that all ponds excavated since the enactment of tho Excavation Ordinance conformance by applying for a Conditional Use Permit reguired by tho OrdinancG#** It is my understanding that there is no such provision in tho Municipal Codo adopted in 1967 and that this rcforcnco is to tho amendment to this Ordinance Ordinance No. 125 referred to above. I tind original Ordinance prohibiting any excavation of this kind connection with Improvement of a yard surrounding a one family detached dwelling. Section 340.36 permits^ ”dGCorative landscap© features.” V7e conclude that this excavation on your lot for . the purpose of creating a natural water pool as ® the landscaping of the lot, which pool docs to adjoining land, was not prohibited by the Ordinances referred to above and that the Village Council has no , authority by its action on November 26, to in impose a retroactive amendment to the Ordinance by requiring •A I . I m I* t5 •» l! h I. i: I !:I ;i 45 I I # hf L* A J