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Page 2 of 2 <br />Legal Opinion Requested: <br />Mr. Butterfield has requested that you give an opinion regarding the <br />use of his property. <br />Specifically, since use of the wetlands for peat removal or irrigation <br />purpi..*es is considered by the applicant as an accessory use to his pre­ <br />existing permitted or conditional farm/greenhouse use, does he have the <br />right to contime these accessory uses after adoption of City ordinances <br />that generally prohibited these uses? The record of approvals of his <br />commercial greenhouse conditional use do not address peat removal or pond <br />use, however, he was notified to apply for a Conditional Use Permit in <br />1975 for after-the-fact peat removals. The applicant has submitted legal <br />opinions from 2 attorneys in 1968 and 1972 regarding his greenhouse use. <br />In addition, he has submitted a treatise on non-conforming uses from some <br />publication with which staff is not familiar. <br />We would appreciate a legal opinion on this matter early in the week <br />of March 20, 1989 in order that your information be included with the <br />Council packet to be delivered March 23rd for the March 27th Council <br />meeting. Please contact me at 473-7357 if you have any questions. <br />Michael P. Gaffron, <br />Assistant Planning & Zoning Administrator <br />MPG/jlb <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />Mark E. Bernhardson, City Administrator <br />Loren Butterfield, 3925 Watertown Road, Maple Plain, MN 55359