HomeMy WebLinkAbout2015-05-28 OPH Ltr to David Jann Re Walgreens Site City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439*Fax(651)439-0574
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May 28ln,28f4 1
Mr.David Jann
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South Seventh Street -
Minneapolis,MN 55402-3901
RE:Walgreens Site
David,
I have had an opportunity to review your email dated May 10,2014(attached)and the City has the following comments:
1) At this date the City has not engaged in any particular enforcement matter related to any non-conformity,be it known
or unknown,to the City.Nor has the City engaged in a site study to determine if the site is in compliance with the CUP
as issued.It however always remains the land-owner's responsibility to ensure the site remains in compliance
with all issued permits and ordinances.
2) Some City Ordinances may have changed from the time of initial permitting and these continued uses that may be in
conflict with such changes may be a permissive non-conformity that could reasonably continue until a redevelopment
or other qualifiable site changes occur.At this time there does not appear to be any non-conformity that would be so
egregious as to cause the City concern and that could not be handled at a future date.These however would be
distinct from changes to the lot line or other impacts as a result of the MNDOT event as your email suggests.
3) If your client believes that their site is in non-compliance with the CUP and the City Ordinances and would like an
abject assurance of full compliance,the City would ask that you complete a site study and specifically enumerate each
and every deviation from the CUP and or City Ordinances that were in place when the permits were issued.With this
knowledge,your client could seek a possible VARIANCE or CUP AMENDMENT that could reclassify these new
limitations.However,additional site amendments may be required to ameliorate any resulting non-compliance issues.
i
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The Ci k " 0 d -.1.1:' to you that the SITE STUDY be completed by the Owner that compares the now known conditions with
the 40 P aa i -ued - •once that is completed that we collectively sit down and assess what possible solutions may be relative
• . VARr6(-C •,*-4,,..,CUP AMENDMENT or other site use impacts.
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kin. r,.., / -
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.- c Jahn • ,
//CitriAdmi•'stator
Weekly Notes
// Scott Richards,City Planner
: / Mark Vierling,City Attorney
li../
Julie Hultman
From: Eric Johnson
Sent: Thursday, May 28, 2015 12:02 PM
To: Jann, David M. _
Subject: Walgreens
Attachments: Walgreens - david Jann - non-conformity- response to May 14th Email.pdf
Please see attached.
Eric
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