HomeMy WebLinkAbout1992-10-01 Bannigan & Kelly Ltr to CA Re Schoenecker Property iv. vc, .,c 1._,.':v Li 01G `t.DV 44i0 G11I5C,j A L I$ 1" 6 V 60 01
BANNIGAN & KELLY, P.A. Al G o I ---
ATTORNEYS AT LAW
409 MIDWEST FEDERAL 81JILDING
STN AND CEDAR
SAINT PAUL, MINNESOTA 35101
1612) 2243781
JOHN F. SANNIGAN, JR. FAX (a 12) 2234019
PATRICK J. KELLY
1
JAMES J. HANTON
October 1
JANET M WILRORAi , 1992 _
JOHN W.QUARN$TROM
Rost-IV brand fax transmittal memo 7671 #of Pages ► J
Mr. Mark J. Vierling From
Attorney at Law Co. L`` c''' '�'` -� ---�
1835 Northwestern Avenue
Stillwater, MN 55082 Dept. F ( . _�r c74)`---
Pee lc 05.7 n
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Highway 36 at Norell Avenue
Our client: Jerry Schoenecker, Jr.
Your client: City of Oak Park Heights
Dear Mr. Vierling:
Thank you for your letter and transmittals dated September 29, 1992. Under separate
cover you will find tendered the Consent to Enter and Waiver of Trespass, a copy of which
was previously tendered to you and altered only in the acknowledgment.
Based upon the information available to date, our client is willing to grant the City the
right to pursue expeditiously the project above-noted. However, it is quite clear that the
impact of the loss of land especially as it affects setback is going to be detrimental to the
highest and best use that our client is presently putting the property. The best way to
mitigate his damages would be for him to acquire land from the parcel immediately east. As
a condition precedent to that, a couple of events must have occurred. First, he must know
what the monetary damages for the loss are. Second, he must know what the new zone and
its permitted uses and performance standards will be so that he can adequately provide to
render his business legal as well as conforming.
This then brings us to the need for additional land. We know we need land, we do
not know how much until we get the performance standards of the new zoning district.
With this said, we wish you and your City an expeditious start on its project.
Sincereleffir y yours,
`� ��: Y, P.A.
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Joh, nniga
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C: Mr. Jerry Schoenecker