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Zoning File #1366 <br />March 23, 1989 <br />Page 3 of 4 <br />2. Re-use of water for plant growing operation as well as fire <br />protection. <br />The wetland occurring south of the Luce Line adjacent to and within <br />Outlets A S B, is part of a 50+ acre wetland complex northwest of Stubbs <br />Bay. Applicant's uses historically have included: <br />1. Peat removal for greenhouse use (not for retail sale of raw peat). <br />2. Water for greenhouse operation and fire protection during times of <br />severe drought. <br />Mote that past peat removals have resulted in a small pond within the <br />Joundary of the wetlands, that is about 80’xlOO' in area, or about 2/1 o <br />an acre. <br />The applicant has requested that the northerly pond not be subject to <br />a Conservation i Flowage Easement, and has requested that specific changes <br />be nade in the standard format Conservation s Flowage Easement wording for <br />the southerly wetland. Specifically, he wishes no new restrictions which <br />will hinder his historic uses of those wetlands. <br />Staff's Interpretation of the zoning code requirements is as follows: <br />1. Regarding the northerly wetland, removal of water for the <br />gr.anhousa oteratlon Is not strictly regulated by <br />although one could ta)ce a conservative view point and infer from the <br />code wording that such a use would not be allowed. Use of water for <br />Irrigation purposes is not listed as a permitted or conditional use in <br />the flood fringe district, hence one could ma)ce the interpretation <br />that water removal would require a conditional use permit per Section <br />10.55, Subdivision 10 (B) 4. <br />2. Regarding peat removal from the lower wetland, such a use anywhere <br />in Orono was prohibited by Ordinance 125, the wetlands ordinance <br />adopted in 1970. Such a use has required a conditional use permit <br />since that time. Applicant was advised in ^975 to * <br />conditional use permit for the peat removal 975, and would <br />have to make an application to the City, watershed district, and DNR <br />for all future peat removals. Such approval has never been obtained <br />by applicant. <br />Applicant's removal of peat occurs only every 3 or 4 years, and over <br />the past 35 years has resulted in opening up a f <br />the overall wetland. This likely has created good wildlife habitat where <br />such did not previously exist. There may be good <br />ultimately grant the applicant a conditional use permit for limited pear <br />l^miQVAl if such AH application is forthcomingf. <br />It