HomeMy WebLinkAbout1992-10-13 CA Ltr to OPH LAW OFFICES OF
ECKBER , LAM M ERE, B RIGGS, WOLFF G.,d'ti VIE l l N
1335 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612) 439 -2878
JAMES F. LAMMERS FAX (612) 439 -2923
ROBERT G. BRIGGS
PAULA. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDN ER October 13, 1992
Ms, LaVonne Wilson
City Clerk
City of oak. Park Heights
14168 - 57th Street North
Oak Park Heights, MN 55082
Re: Charles J, and Judith A. Dougherty
Application for Bed and Breakfast
Affecting Property At: 15330 - 58th Street North
Oak Park Heights, MN
Zoning District: R-2
Dear Ms, Wilson:
You have referred a copy of the Application of Mr, & Mrs.
Dougherty to this office for review as city attorneys®
We have reviewed the applicable Ordinances of the City and
have determined that although the City Code does not def ine Bed and
Breakfast, the definition that does exist for Boarding Houses at
Section 401.02.20 is inclusive of that type of activity.
Reviewing the Code further, Boarding House types of uses are
not currently allowed in R-1 and R -2 zones of the City and,
consequently, the application should not proceed at this time
unless, of course, the applicant would seek to apply for a variance
and then, would have to demonstrate hardship under the Ordinance.
Since I fail to see where a hardship could exist under these
circumstances, the applicant would either have to locate an
appropriate facility within the R-3 zone of the City which does
allow boarding houses or otherwise suggest to the City that text
amendments could be made to the Zoning _ Code to specifically
accommodate Bed and Breakfast separate from Boarding House
applications.
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Very L : :- t ru l y s- y ours ,
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Mark J. Vierling......_ .- .......:
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