HomeMy WebLinkAbout2011-04-28 Carol Eiden of Oppenheimer Ltr to City Planner Re ATC Realty Sixteen Inc. Land Parcel OPPENHEIMER
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April 28, 2011
VIA FEDERAL EXPRESS
Scott Richards
City Planner
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Re: ATC Realty Sixteen, Inc. Parcel of Land
Dear Mr. Richards:
I represent ATC Realty Sixteen, Inc. ( "ATC "), which acquired title to land it is actively trying to
sell, which land was the site of a former Hecker dealership near the intersection of Osgood
Avenue and Highway 36 in Oak Park Heights ( "Property "). ATC had a potential buyer for the
Property. However, while conducting due diligence regarding the Property, the buyer spoke with
the City of Oak Park Heights ( "City ") regarding the buyer's proposed retail development and
was told that the City would be requiring the dedication of a significant amount of the Property
for a new public right -of -way as a condition of any City approval that may be required for such
development. The buyer then informed ATC that the buyer was no longer interested in acquiring
the Property as the buyer was unable to comply with the City's unique dedication requirements.
This is the second instance of a potential buyer that has "backed out" after talking with the City.
It appears that rather than paying just compensation for land desired by the City for a right -of-
way via eminent domain, the City may be utilizing the redevelopment as a means to avoid
having to incur the costs for such right -of -way land. If true, such an unreasonable road
dedication requirement could constitute an inverse condemnation.
It is in the best interests of ATC to work with the City to resolve zoning issues regarding the
Property so that ATC may sell the Property to a buyer willing to invest resources into improving
the Property, building a business thereon, and creating jobs within the City. The City's positions
regarding the right -of -way dedication and zoning matters concerning the Property have been
transmitted to ATC via third parties that have spoken directly with the City, so it is possible
miscommunications have occurred. Accordingly, ATC hereby requests the City to enumerate
the following directly to ATC so that ATC can determine how to proceed with regard to the
Property: (i) the City's requirements for the proposed retail development of the Property as a
OPPENHEIMER
OPPENHEIMER WOLFF & DONNELLY LLP
4/28/2011
Page 2
drug store, (ii) whether the Property can continue to be used for an automobile dealership, and
(iii) conditions to any permissible use of the Property under the City's zoning ordinance. Thank
you.
Sincerely,
Carol Ann Eiden
CAE:msp
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