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Oak Park Heights
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14168 57th Street N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memo
To: Mayor Schaaf and City Council Members
Planning Commissioners
From: Kris Danielson
Date: 01/04/99
Re: Stillwater High School Ropes Course
The City of Oak Park Heights has been requested to evaluate the Stillwater High
School Ropes Course by area residents to determine whether or not this development
requires a conditional use permit.
Upon further review City Attorney is of the opinion that this development does
constitute at structure and will require a conditional use permit. Staff will work with
School District 834 in establishing the necessary public hearings for this conditional
use permit once the school district has filed an application with the City. Staff
recommends that these public hearings be held at the Stillwater Area High School.
TREE CITY U.S.A.
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LAW OFFICES OF
II -
Eckberg. Lammers, Briggs, Wolff V�erl� �4P�I3P.1998
1835 Northwestern Avenue
Lyle .1. Eekherg Stillwater. Minnesota 55082
er
James f'. Lammers (65l) 439-2878 'rush t iletieh*
Robert G. Briggs** FAX (651) 439-2923 Paul :A. Wolff
Mark .1. \•ier)ing*
G.
Direct Dial No. : (651) 351-2118 0944-1996)Gregory G. Gd er* *Qualified eutra
� l Arbitrator& Mediator
Thomas J. Weidner* December 30 , 1998 *Qualified Neutral Arbitrator
Susan D. Olson* *Certified Real Estate Specialist
*Qualified Neutral Mediator
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, Minnesota 55082
Re : Our File No. 1501-6497
Stillwater Senior High Conditional Use
Permit/High. School Ropes Course
Dear Mr. Melena:
Pursuant to your request, we reviewed the circumstances
surrounding the construction of the Stillwater High School ropes
course .
We have also reviewed correspondence from legal
representatives of adjacent property owners, correspondence from
Stillwater High School staff, inclusive of construction contracts,
Stillwater School Board minutes, details and specifications, price
quotations, etc .
In review of the City' s ordinances and also after
reviewing the conditional use permit dated December 10, 1991 as
issued by the City of Oak Park Heights and executed by the
Independent School District No. 834 , our office is of the opinion
that the ropes course does constitute a structure and is subject to
the terms and provisions of the ordinance and the conditional use
permit .
We note that under the terms of the conditional use
permit under I . , Paragraph 2 it was specifically provided:
"Construction of any facilities, buildings or structures
not specifically shown within the existing site plan
drawings shall not be allowed except upon application to
amend the conditional use permit . "
4 s
Mr. Thomas Melena
December 30, 1998
Page 2
Further, the City' s ordinance defines the word
"structure" to be :
"Anything which is built, constructed or erected; an
edifice or building of any kind; or any piece of work,
artificially built up and/or composed of parts joined
together in some definite manner whether temporary or
permanent in character. Among other things, structures
include buildings, manufactured homes, walls, fences,
swimming pools, billboards and poster panels . "
401 . 02 .
Given the foregoing, it would be our suggestion that the
City of Oak Park Heights correspond with the administration at the
high school in Independent School District No. 834 and suggest that
they file an application for an amended conditional use permit so
that the ropes course can be properly added to the conditional use
permit .
An amendment to the conditional use permit will, of
course, trigger public hearings as otherwise required under the
ordinance and publications thereof .
The Council may wish to consider the holding of these
public hearings on the premises of the Stillwater High School
inasmuch as the issue may of great interest to the Stillwater
student population and staff, as well as adjoining property owners.
If you should have any other questions, please - - . free to contact
me directly.
Yours v-
11111Pw-
Mark J. Vierling
MJV/sdb