HomeMy WebLinkAbout1995-06-20 CA Ltr to OPH Re Proposed Expansion of Outdoor Use @ Club Tara LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612) 439 - 2878
JAMES F. LAMMERS FAX (612) 439 - 2923
ROBERT G. BRIGGS
PAUL A. WOLFF 4 :
MARK J. VIERLING ' �� (00 M "' ('�
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D. OLSON
June 20, 1995
MR MICHAEL J ROBERTSON
CITY ADMINISTRATOR
CITY OF OAK PARK HEIGHTS
P 0 BOX 2007
14168 57TH STREET NORTH
OAK PARK HEIGHTS MN 55082
RE: Club Tara Property and Current Use
Request to Expand to Outdoor Type Use
Dear Mr. Robertson:
I understand that an inquiry has been made at the City Offices
with regard to expanding the existing Club Tara use now located
upon their property so as to propose an outside seating and service
type of utilization of the property beyond that which is now
contained within the existing structure.
I have reviewed that property with Mr. Scott Richards from
Northwest Associates Consultants, Inc. and am of the opinion that
the Club Tara use on that property now constitutes a non - conforming
pre- existing use inasmuch as the use no longer complies with the
dimensional requirements of the zoning code. Under Section 401.03A
6 of the Code of Ordinances of the City of Oak Park Heights
provides that a lawful non - conforming use may be altered to lessen
the extent of the non - conformity but may not be altered to expand
or increase the extent of the non - conformity.
Should the property owner desire to pursue a request of the
Council to vary from the terms and provisions of the Ordinance, a
request for a Conditional Use Permit and Variance would have to be
filed and the Applicant would have to demonstrate hardship as to
why the variance should be granted and further as to why the strict
MR MICHAEL J ROBERTSON
Page Two
June 20, 1995
compliance with the dimensional requirements and other provisions
of the Zoning Code cannot be met.
Yours v- y tr
/1.11" ,
-"—
Mar' J. Vierling
MJV /smp
cc: Scott Richards
Barbara H. O'Neal, Mayor