HomeMy WebLinkAbout2000-02-11 City Attorney Ltr to OPH Re Ropes Course CUP Periodic Review Lanugage •
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LAW OFFICES OF
Eekberg, Lammers. Briggs. Wolff & V1erlln I .L. L.P.
FEB 15MI
1855 Northwestern Avenue
Stillwater, Minnesota X5082 1_ ---' —�
•lames F. Lammers PauI A. AL11.1 1
Robert G. Bri (651) :159 - 2878 (194-1-1996)
Marc J. Vierlinct,t
FAX (651) 459 - 2925 Lyle J. Eeldierg
Gregor G. Geller.
Thomas J. Weidner* Of Counsel
Susan D. Olson• Direct Dial No.: (651) 351 -2118 *Qualified Neutral Arbitrator & Mediator
C *Qualified Neutral Arbitrator
avid K.
Snyder ertified Real Estate Specialist
Tanya E. Maurice February 11, 2000
*Qualified Neutral Mediator
• Mr. Thomas Melena
City Administrator
City of Oak Park Heights FILE
14168 - 57th Street North OOP Y
P.O. Box 2007
Oak Park Heights, MN 55082
Re: Independent School District No. 834
Conditional Use Permit Review
Dear Mr. Melena:
On September 17, 1999, the Council issued a Conditional Use Permit to Independent
School District No. 834 as it affects the ropes course. I draw your attention to paragraph III under
review of that permit which provides in pertinent portion:
Periodic review ... is imposed as a condition to its (CUP) grant. The
Conditional Use Permit shall be reviewed annually at the direction of the
City Clerk, which shall notify the permit holder of the date of the annual
review at least ten days prior to the review hearing.
The language included within the Conditional Use Permit is not discretionary but mandatory.
Consequently, a review must be held at your direction either by your offices or certainly you have
the opportunity to delegate that to the Planning Commission.
It may also be possible to couple or join that review with any application that may be
submitted by the permit holder. If indeed the permit holder is considering modifications to the
ropes course or any other projects that would, of course, require a Conditional Use Permit, all of
those can certainly be joined in a single proceeding.
February 11, 2000
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Thank you for your attention to this matter.
Yours very truly,
Mark J. Vierling
MJV/jp
cc: Kris Danielson, Community Development Director