HomeMy WebLinkAbout2000-06-09 City Attorney Ltr to OPH Re Modification of CUP Hearing Process n �
LAW OFFICES OF
Eel:ber . Lammers. Br1 s, Wolff & Vierlin °U E LAVE
\ orthwestern .-venue JUN ' L 2000
(amcs I . Lammers Stillwater. Minnesota 53082 3 .ul : ' � <IIf
I\o6ert G. I3r, (651) 439 -2878 (1944 -19 6 )
drl< .1. Vierl,aq.. FAX (651) 439 -2923 Lvle .I. EeL6er
Gregory G. Griner _
Thomas .1. Weidner.* Of C ounnel
Susan I). Olson. *Qualified Neutral Arbilralor
Direct Dial No.: (651) 351 -2118 *Certified Real Estate Specialist
David K. Snyder .Qualifi Neutral \ledialor
June 9, 2000
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, MN 55082
Re: Independent School District No. 834 - CUP
Modification of Conditional Use Permit Hearing Process
Dear Mr. Melena:
At the past city council meetings, Mayor Schaaf had requested this office to
review current ordinances and statutes as it affects the conditional use hearing process which we
are using for District 834 as it affects the high school facility.
Specifically, he wanted to know whether or not it was possible for the city to shift
or defer the public hearing process to the school or otherwise modify the procedures that the city
has been undergoing affecting modifications or amendments to the conditional use process.
The conditional use process itself is not only set forth in the city zoning ordinance
but is also regulated by Minnesota Statutes. The law requires that the municipalities hold the
public hearings in cases where variances or conditional use permits are required under the local
city code.
There is long- standing case law that exists that prohibits any governmental entity
from delegating to another its procedural obligations. In this particular manner, I have reviewed
in general the concepts and principles involved and am of the opinion that it would be an illegal
delegation of responsibility for the city to attempt to delegate the public hearing process to the
school officials themselves. To the extent that a conditional use permit or amendment of same is
required under the city's ordinances, the city must conduct the public hearing. That is not to say
that it could not be conducted on the site of the high school or other appropriate location.
However, that raises issues of tactical deployment of city staff, planning commission members,
support services, etc.
June 9, 2000
Page 2
There is also the possibility that certain elements of the school district conditional
use permit could be modified or amended from the conditional use permit itself so as to not
require further supervision by the city under the conditional use permit process.
Recreational facilities is, now under the current code of the city, a permitted use
in that district. However, it is the existence of the language of the original conditional use permit
as issued to the high school and Independent School District No. 834 that requires them to come
before the council for purposes of future modifications. That language within the text of the
conditional use permit could be modified or adjusted so as to relieve the recreational facilities
from purview of the permit, but that would release those facilities and uses entirely from
conditional use permit supervision and I do not know that that would be in the interests of the
city or desirable from a planning standpoint. There is also the possibility of structural
amendment to the zoning text itself so as to change the zone or otherwise text requirements for
other public entities within the zone to delete it or amend it so that it does not require conditional
use permits at all for their facilities or uses, but again that involves a value judgment which I will
leave with the council.
If you have any further questions in the matter, please feel free to contact me
directly.
Yours very truly,
Mark J. Vierling
MJV /jp
cc: Scott Richards, City Planner
Chris Danielson, Community Development Director