HomeMy WebLinkAbout2008-02-20 CA Ltr. to OPH Re Best Buy & Menards Pylon SignECKBERG
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mvierlin
Februar 20, 2008
Eric Johnson
Cit Administrator
k-,it of Oak Park Hei
14168 Oak Park Boulevard North
Oak Park Hei MN 55082
Re: Best Bu and Menards P Si
Dear Mr. Johnson:
Thank y ou for forwardin materials to our office indicatin that the Best Bu application has now been
withdrawn b the applicant, Mr. Bracke via his a Mr. McGovern.
The withdrawal of the application does not, however, resolve the issue of compliance with the ori
Menards permit issued back in 1995 b the Cit Council, which allowed a p si to be located at the
corner of the fronta road and what is now Krue Drive on the condition that the land that the si
was to be located on would be owned b Menards.
Notwithstandin the representation made within the record of Ma 22, 1995, a cop of which I annex, as
the same was made b the owner's representative at that time, Mr. McGovern, the propert was never
conve to Menards under which the p si is now owned. The owner, Mr. Bracke did convey t o ;�,� ► T� 11 u!
11 t
- -.,- + l
Menards an easement, out the plan cieari re varier ov�ersifi U. h he s ora
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the re of the Council at that time.
There are onl two avenues that I can foresee under which the problem could be remediated or corrected.
The are as follows:
1. Menards can remove the si or move the si back to land that is owned b them. I understand
that this is not favored b the Menards g roup.
2. Mr. Bracke can create a fla lot alon Krue Drive and then conve it to Menards, who can
then j oin it with their existin parcel, which would presumabl either re a form of replattin of their
parcel to include the fla lot or address the issue of the fla lot not bein separated from the Menards
parcel b wa of bindin development a recorded a both parcels' descriptions.
ECKBERG, LA.MAAERS. BRIGUS. WOLFF 8 VIERLINIG, PLLP
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Eric Johnson
Februar 20, 2008
Pa 2 of 2
In an event, the withdrawal of the Best Bu application does not absolve the remediation of this
problem. The owner should address the issue as lon as he now has the time in which to do so, creatin
either the fla lot or ne with Menards to remove the si to an appropriate location approved b
the Cit I would su the Cit remind the owner of this obli and provide a reasonable time
table in which to accomplish a solution.
Yours ver trul
Mark J. Vierlin
MJV/sdb
Enclosure