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L <br />CITY OF ORONO <br />P.O. Box 66 <br />Crystal Bay, MN 55323 473-7357 <br />APPLICATION NO. 1366 <br />NOTION OF CODNCIL ACTION <br />Date of Notice: 2/28/89 <br />Loren Butterfield <br />3925 Watertown Road <br />Maple Plain, MN 55359 <br />COPIES: <br />TYPB OF APPLICATION: Subdivision <br />DATS OF MKBTINGi 2/13/89 VOTE: 4 For 0 Against <br />COUNCIL ACTION - NOTIOR: <br />Table for further review of issues related to proposed Conservation & <br />Flowage Easement changes. <br />Loren, please send us your written comments in regards to the <br />conditions the Planning Commission recommended for approval. Specifically, <br />give us a list of the conditions which you feel are not acceptable to you <br />and your written comments regarding each item. <br />It is our understanding that you are in opposition to the idea that no <br />buildings can be constructed on the south side of the Luce Line. Please <br />address that issue in writing. Jim Lawler of the DNR has agreed to send us <br />a letter confirming that your easement over the Lace Line is a public <br />easement. <br />A review of City files indicated you had been granted a "temporary" <br />after-the-fact conditional use permit for up to 150 cubic yards of peat <br />removal in March 1975. That permit, formally applied for after Council <br />approval of March 11, 1975, was to cover past removals of 150 yards, <br />conditioned upon no future removals without City, DNR and Watershed <br />District approval. No permit for such removals has since been issued by <br />the City. Any peat removals after March 12, 1975 have been a violation of <br />the wetlands ordinance (Ordinance 125, adopted 12/28/70) and currently is a <br />violation of Section 10.55, Subdivision 8. <br />We will be happy to review these files with you, but we must advise <br />you that use of the wetlands for peat removal may not continue unless a <br />specific conditional use permit for that use is applied for and issued. <br />Such peat mining is not considered generally as part of your approved <br />commercial greenhouse use. <br />We would also be happy to discuss the use of the pond dug by you in <br />1953 which subsequently was designated as a potential wetland in the mid- <br />1970's. Your proposed exclusion of that pond from being covered by a <br />Conservation & Flowage Easement must be supported with some written <br />rationale if it has any chance of being allowed. <br />The information requested from you should be submitted no later than <br />Monday, March 6th for placement on the March 13th agenda, or no later than <br />March 2nth for the March 27th agenda. <br />s: £SE*S:°