03-27-1989 Council Packet - Laserfiche WebLink

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Zoning Pile #1366 March 23, 1989 Page 3 of 4 2. Re-use of water for plant growing operation as well as fire protection. The wetland occurring south of the Luce Line adjacent to and within Outlots A & B, is part of a 50+ acre wetland complex northwest of Stubbs Bay. Applicant's uses historically have included: 1. Peat removal for greenhouse use (not for retail sale of raw peat). 2. Water for greenhouse operation and fire protection during times of severe drought. Note that past peat removals have resulted in a small pond within the boundary of the wetlands, that is about SO'xlOO* in area, or about 2/10 of an acre. The applicant has requested that the northerly pond not be subject to a Conservation & Flowage Easement, and has requested that specific changes be made in the standard format Conservation & Flowage Easement wording for the southerly wet.land. Specifically, he wishes no new restrictions which will hinder his historic uses of those wetlands. Staff's interpretcti«~n of the zoning code requirements is as follows: 1. Regardiiig the northerly wetland, removal of water for the greenhouse operation is not strictly regulated by the zoning code, although one could Lake a conservative view point and infer from the code wording that such a use would not be allowed. Use of water for irrigation purposes is not listed as a permitted or conditional use in the flood fringe district, hence one could make the interpretation that water removal would require a conditional use permit per Section 10.55, Subdivision 10 (B) 4. 2. Regarding peat removal from the lower wetland, such a use anywhere in Orono was prohibited by Ordinance 125, the wetlands ordinance adopted in 1970. Such a use has required a conditional use permit since that time. Applicant was !^dvlsed in 1975 to obtain a conditional use permit for the peat removal prior to 1975, and would have to make an application to the City, watershed district, and DNR for all future peat removals. Such approval has never been obtained by applicant. Applicant's removal of peat occurs only every 3 or 4 years, and over the past 35 years has resulted in opening up a relatively small portion of the overall wetland. This likely has created good wildlife habitat where such did not previously exist. There may be good justification to ultimately grant the applicant a conditional use permit for limited peat removal if such an application is forthcoming.