HomeMy WebLinkAbout2008-02-20 CA Ltr to OPH Re Pylon SignECKBERG,onh,
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Februar 20, 2008
Eric Johnson
Cit Administrator
Cit 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 m aterials to our office indicatin that the Best Bu application has now been
w ithdrawn b the app , licant, Mr. Bracke via his a 9 ent, 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
comer 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 conve to
1 'itc y 's ordi nance as w ell 7 ' cl a
Menards an easement but the plan clearl re ownership under both t1ne X
k_1 s
the re of the Council at that time.
There are onl two avenues that T can foresee under which the problem could be remediated or corrected.
The are as follows: I
-
I . Menards can remove the si or move the si back to land that is owned b them. I understand
that this is not fav b the Menards g roup.
Mr. Bracke can create a fla lot alon Krue Drive and then conve it to Menards, who can
then join 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, LAMMERS, BRIGGS, WOLFF C6 VIERLING, PLLP
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Eric Johnson
February 20, 2008
Page 2 of 2
In any event, the withdrawal of the Best Buy application does not absolve the remediation of this
problem. The owner should address the issue as long as he now has the time in which to do so, creating
either the flag lot or negotiating with Menards to remove the sign to an appropriate location approved by
the City. I would suggest the City remind the owner of this obligation and provide a reasonable time
table in which to accomplish a solution.
Yqu:rs very truly;
t_
. ...s- .....- "'..warn
Mark J. Vierling
MJVlsdb
Enclosure