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Home My WebLink About2003-11-26 CA Ltr to Dave MagnusonLAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 FAX (651) 439-2923 James F. Lammers Robert G. Briggs * Mark j. Vierling • + Thomas J. Weidner • + Susan D. Olson + David K. Snyder Timothy M. Kelley Sean P. Stokes Baiers C Heeren Laura L. Domagala Mr. David T. Magnuson Attorney at Law 333 North Main Street P.O. Box 438 Stillwater, MN 55082 Dear Mr. Magnuson: Writer's Direct Dial: (651) 351-2118 November 26, 2003 Re: Erickson Post Site, 14738-60 Street North; Jacob Holdings of Stillwater, L.L.C.; Denny Hecker's Routson Motors Site Lyle J. Eckberg (1916-2003) .. ....... Paul A. Wolff (1944-1996) •Qualified Neutral Arbitrator *Certified Real Estate Specialist +Qualified Neutral Mediator Your correspondence of November 25, 2003 has been referred to this office with the City's file for review and comment. 1 too have reviewed the planning file and must disagree with your opinion relative to the application of Minn. Stat.§15.99. As you may or may not be aware, the 2003 Legislature of the State of Minnesota, effective August 1, 2003, increased the time period that the City has to notify a landowner in writing of the incompleteness of the application, to fifteen (15) business days. Your client through its applicant, Mr.Rambo, on behalf of Mr. Hecker and Jacob Holdings, was directed a facsimile transmission from the City of Oak Park Heights Community Development Department on September 10, 2003, advising him that his application was incomplete, and provided a development application checklist with the various items that were required. The application by your client is dated August 21 but was stamped "received" by the City of Oak Park Heights on the 22 of August. By my review of the calendar, there are thirteen business days as a result of the Labor Day holiday) that expired between the time that your client's application was stamped "received" by the City, and the time that the facsimile transmission was sent to Mr. Rambo, your client's representative. The correspondence faxed to Mr. Rambo from the Community Development Department, in our opinion, qualifies under the requirements of Minn. Stat. §15.99 Subd. 3 as sufficient notice to your client that its application was incomplete. Your client did not submit the additional information requested until later in the month and the sixty-day applicable time period commences as of September 10, 2003. The correspondence from the City Planner to your client, notifying him of the decision of the Council to extend the time date at the October meeting of the City of Oak Park Heights, together with your client's presence through Mr. Rambo at the October meeting of the City Council, is a timely and adequate notice that the City extended for an additional sixty days, the consideration of the application ofJacob Holdings under Minn. Stat. 15.9 Subd.3 (f). Mr. David Magnuson November 26, 2003 Page 2 Even if the City had not acted properly within the scope of Minn. Stat. §15.99, which it did, your client would merely have a conditional use relative to the use of the lot for car showing purposes, but would lack approvals and would be in non - compliance with the City's Ordinance relative to signage, lighting and other development standards that would still need to be addressed, as he has never applied for nor received any variances for those requirements from the City. The City staff remains ready to review the lighting, signage and other requirements of the City's code relative to the development of this property, if further meetings are desired by you or your client. Notwithstanding that, the matter will proceed before the next City Council meeting December 9, 2003. MJV/mkr Encl. September 10, 2003 Fax to Mr. Rambo October 29, 2003 NAC letter. Yours very truly, Mark J. Vierling cc: Eric Johnson, City Administrator, City of Oak Park Heights Scott Richards, Northwest Associated Consultants FAX To: Bill Rambo for Hecker /Jacob !dicing From: Julie Hultman Fax: 763- 493 -2093 Date: September 10, 2003 Bill — Per our conversation, here is the development application checklist. At this time ail 1 have is a check from Jacob Holdings LLC and an application form for Conditional Use Permit. October planning action deadline is today. Kindly submit all information applicable to my or Eric Johnson's attention today. It is my understanding that this application is expected today in order to have business operations continue at the site. Please direct any questions you may have regarding the application material submittals or otherwise to Eric Johnson as l will be out of the office as of 2:00 p.m. today. Thanks 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 City of a, .. Park Heights Community Development Pages: 2, including cover sheet Re: 14738 60 st. N. Phone: (651) 439 -4439 Fax: (651) 439.0574 Plans and all correspondence should be directed to: Application Checklist Updated 01-24-03 All plans should be submitted in the following format: • > 3 Full Scale sets of plans; and > 20 11" X 17" sets of plans. DEVELOPMENT APPLICATION CHECKLIST The following items may need to be submitted as part of your application process. Pease refer to the City's Zoning Ordinance for detailed submittal requirements. • Application form and payment for fees. > Proof of ownership or authorization to proceed as applicant. > A parcel search, including mailing labels, obtained from Washington County locating all properties within 500 feet of the exterior boundaries of the subject property. > Project Narrative. > Contact information list. > Schematic drawing of proposed development. > Staging /Phasing Plan. > Property Survey /Lot Dimension Plan. > Property Tax Statement. > Grading and Drainage Plan. > Existing Site Conditions Plan. > Site Development Plan. > Landscape Plan. > TrafficNehicular Management Plan. > Signage Plan. > Lighting Plan. > Tree Protection and Replacement Plan. > Building Plans with elevations. > Other plans and/or information as required by City Ordinance or requested by City Staff: 0 Community Development Department City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 October 29, 2003 R40' !*$1 SkS%0CtiCitittb CUt!$ 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 554 5 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com Mr. Dennis Hecker Jacob Holdings of Stillwater LLC 500 Ford Road Minneapolis, MN 55426 RE: Oak Park Heights — Denny Hecker's Conversion Van Center (14733 60th Street North) — Conditional Use Permit FILE NO: 798.02 — 03.12 Dear Mr. Hecker: Please be advised that the City Council, at their October 23, 2003 meeting, approved a motion extending the period of time for City review of your project for an additional 60 day period (for a total of 120 days from the date of the application) pursuant to Minnesota Statutes 15.99, Subd. 3 (f). The additional time is required to allow you and the City to address ordinance conformity issues related to the subject site and your main dealership at 14702 60 Street North. The application was accepted by the City on September 3, 2003. By extending the review period, all issues will need to be resolved and the Council act upon this application by December 30, 2003. Additionally, the Council approved a motion requiring you to not illuminate the canopy or building after dark. That would include the under 'canopy lights. Minimal security lighting only, subject to approval of the City Administrator, will be allowed for the site. Please contact me with any questions you may have at 952/595 -9636. NORTHWEST ASSOCIATED CONSULTANTS, INC. Scott Richards, Al C P Senior Planner pc: Eric Johnson Mark Vieriing