HomeMy WebLinkAbout2015-05-14 OPH Email to David Jan Re Walgreens Eric Johnson
From: Jann, David M. <Davidiann@FaegreBD.com>
Sent ThursdayMay 14 2015 4.33 PM
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To: Eric Johnson
Subject: Waigreens Property at Osgood and Highway 36
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Mr.Johnson,thank you for taking the time to talk to me about this property on the phone yesterday. Here are the
issues we see following the taking of a portion of the property by MnDOT for the project:
Compliance with City Zoning Ordinances:
We are now non-conforming on the parking lot setback. Our parking lot is now somewhere between 0-1 foot from the
new Osgood right of way line.
We believe we are likely non-conforming with landscaping requirements,as all of the landscaping we had in between
our parking lot and Osgood was wiped out by the MnDOT project.
There may be other sections of the Code that we are not compliant with.
Conditional Use Permit,June 2002:
The Walgreens property was developed pursuant to a CUP issued by the City in mid-2002. The CUP required us to
convey a trail easement to City and to install a concrete sidewalk or bituminous trail. We did those things when the
property was developed,but the widening of Osgood for the MnDOT project removed those items.
The CUP has landscaping requirements,and we are probably non-complaint with landscaping along Osgood now as the
MnDOT project has removed all of the previously existing landscaping adjacent to Osgood(and there is no room left
now to replace it).
We don't conform to the site plan either which depicts a green space in between the Osgood right of way and the west
side of our parking lot.
There may be some additional minor non-conformities with the CUP following the MnDOT project beyond those
described above.
So,we would like to get a variance(or other appropriate"permission"or"authorization")from the City for our non-
conformities with the zoning ordinance and the CUP. Do we have to have a new CUP to reflect the changed
circumstances? I think that in a nutshell the owners want to be back in the same position vis-à-vis the City:conforming
with City and conforming with CUP. The issue is,how do we get there?
Please let me know whether the process you described on the phone to me yesterday is still what the owners need to
do to address all of these issues with the City.
Thank you,and please do not hesitate to call if there are any questions.
David M.Jann
0:+1 612 766 8674
Faegre Baker Daniels
2200 Wells Fargo Center I 90 South Seventh Street I Minneapolis,MN 55402-3901,USA
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