HomeMy WebLinkAbout2002-03-22 CA Ltr to OPH03/22/2002 15: 14 ECKFERr LRW --� 4390574 NUJ. 727 P002
LAw OFFICES of
Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.R.
March 22, 2042
Ms. Kimberly Kamp ear
Acting City Achnim'strator
City of Oaf Park Heights
14 Oak P ar k Boulevard N o rth
P. 0. Box 2007
Oak Park Hei ghts, Minnesota. 55082
Re: Monta wi Homes, Inc.
Dear Ms. amp er:
Via Fax and U.S. Ma
You have bee in co tact with the office and requested our opinion relative to gAe
app
1zcation of Min tal:_ 15.99 Siibd. 2 and other pe��tinelit application thereon to the request of
Montanari Hones to extend the time beyond the 120 days that the City is cuiTcaitly scheduled to act
within and asking that their matter be continued to the A.pi - 11 City Council date. we received a. copy
of Montanan' Honjes' coespondence of March 21, 2002 relative to that request.
Minnesota Statute § 1 5.99 provides that municipalities need to act wxthin a given
time pen
'od which is otherwise specified as 60 days, but may be extended for an additional 60 days
'"rhich. the Ci h as, in this instance, done.
You have questioned whether or not applicant can extend the time period beyond the
120 d a ys as otherwise specified in the statute and we answer your question In the affirmative. As
lons City the C has in. its p ossession. a written acknowledgment by fie applicant extending the tine
a
or waiving the app lication of Min. Stat. § 15.99 to this matter, the City isusfif ed and may al an
x tension beyond tllc applicable tune en od set forth wifl sn th tt it
e staue. i
e s possible for an
� Y pp p
a pp licant to indefinitel y b and any time period otherwise specified in the statute as long
� y
they h.aVe signed a writer aclo iowledgment of that with the City.
J3y accc tin¢ the ap p licant's w1itien request for extension and waiver of the time
p �
p� e ' ods under the statute, the City will not for felt its opportanxt-y for commentary and its authority
and j un'sdication to make a decision r th application, if it does indeed extend beyond the
applicable p
Ycable time p en - od that has been waived by the applicant. ff you have any Airther questions,
please feel free to contact m -e.
1 835 Northwestern -iNvmu
a=les F. Lammers
sfil atex, Minn esota 55052
Wolff
�'au� 4 1996)
Robrrt G, Briggs
-- ------------------ -
Mark. j. viexiing
(651) 4�9 --287
z.0 e =mac bex
Thomas J We -idnex
F.A. (651) 439 -?923
Of Co unsel
Suswi D. Olson �
*Qtz EEed. N eu ml A bitin
David K, Snyd
Tirnoth ; nt Keller
Writer's Direct DIA (651) 351 - 2118
* Certif cd Re�j E -Swe speckabst
�Quahffed Nmtral me&atoz
March 22, 2042
Ms. Kimberly Kamp ear
Acting City Achnim'strator
City of Oaf Park Heights
14 Oak P ar k Boulevard N o rth
P. 0. Box 2007
Oak Park Hei ghts, Minnesota. 55082
Re: Monta wi Homes, Inc.
Dear Ms. amp er:
Via Fax and U.S. Ma
You have bee in co tact with the office and requested our opinion relative to gAe
app
1zcation of Min tal:_ 15.99 Siibd. 2 and other pe��tinelit application thereon to the request of
Montanari Hones to extend the time beyond the 120 days that the City is cuiTcaitly scheduled to act
within and asking that their matter be continued to the A.pi - 11 City Council date. we received a. copy
of Montanan' Honjes' coespondence of March 21, 2002 relative to that request.
Minnesota Statute § 1 5.99 provides that municipalities need to act wxthin a given
time pen
'od which is otherwise specified as 60 days, but may be extended for an additional 60 days
'"rhich. the Ci h as, in this instance, done.
You have questioned whether or not applicant can extend the time period beyond the
120 d a ys as otherwise specified in the statute and we answer your question In the affirmative. As
lons City the C has in. its p ossession. a written acknowledgment by fie applicant extending the tine
a
or waiving the app lication of Min. Stat. § 15.99 to this matter, the City isusfif ed and may al an
x tension beyond tllc applicable tune en od set forth wifl sn th tt it
e staue. i
e s possible for an
� Y pp p
a pp licant to indefinitel y b and any time period otherwise specified in the statute as long
� y
they h.aVe signed a writer aclo iowledgment of that with the City.
J3y accc tin¢ the ap p licant's w1itien request for extension and waiver of the time
p �
p� e ' ods under the statute, the City will not for felt its opportanxt-y for commentary and its authority
and j un'sdication to make a decision r th application, if it does indeed extend beyond the
applicable p
Ycable time p en - od that has been waived by the applicant. ff you have any Airther questions,
please feel free to contact m -e.
03/22/2002 15:14 ECKBERG LAIC 4 4390574 N0.727 P003
March 22, 2002
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