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Home My WebLink About1998-12-14 Attorney McEllistrem Ltr to City CouncilLAW OFFICES Collins, Buckley, Sauntry &Haugh P.L.L.P West 1100 Fir Nation Bank Building William E Haugh, Jr. 332 Minnesota Street � Michael J. 5aun #ry Saint Paul, Minnesota 55101-1379 Mark W. Gehan tf Patrick T. Tierney t *Thomas J. Germscheid TNephone: (651) 227 -0611 * John R. Schulz Fay: (651} 227 - 0756 a Thomas R. O'Connell o Dan O'Connell Christine L. Stroemer Sarah J. Batzli December 14, 1998 o Thomas E McEllistrem Of Counsel tt* Theodore J. Collins Oak Park H eights City Council Retired P. 0. Box 2008 Eugene D. Buckley 141 North 57th Street Oak Park Heights, MN 55082 Rea Stillwater High School Ropes Course Our File No. 11018 -1 Dear City Council: Please be advised that I represent a group of property owners adjacent to Stillwater High School. Enclosed with this letter please find my November 19, 1998 letter to oak Park Heights Ci Administrator, Torn Melena, requesting that he take action as set forth in that letter regardin g the ropes course constructed in the "buffer zone" between the high school and the neighborhood. I have not received any response from Mr. M elena. Accordingly, my clients request that the oak Park Heights City Council act in accordance with our previous request to Mr. Melena. We believe the law is clear that the school district must apply to amend the conditional use permit issued to Independent School District #834 for the ropes course. The city zoning administrator is required to inspect the ropes course structure, notify the school district of the violation, and order the dismantling or removal of the illegal structure. In the event that the school district wishes to amend its conditional use permit, the oak Park Heights ordinance clearly provides for the school to apply for an amended conditional use P ermita Following application for the amended conditional use permit, proof of ownership or authorization, notice, a public hearing, and a tec hnical report, the city council and the planning co mmi ssion shall then consider the possible adverse effects of the proposed amendment. City of oak Park Heights Ord Sec. 401. Please advise me what action. the City of oak Park Heights will take in response to my clients' request. In the event the city council refuses to take any action with respect to my clients' request, we will appeal this matter to the City of oak Park Heights' Board of Adjustments and Appeals pursuant to oak Park Heights ordinance, Sec. 401.04A. If I do not receive a response from you within 30 days, I will assume you have rejected this request, and we will proceed with an appeal to the Board of Adjustments and Appeals. * Also Admitted in Wisconsin. t Civil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association. f Certified by the National Board of Trial Advocacy as a Civil Trial Specialist. o CPA, Certified by the Minnesota State Board of Accountancy. t' MBA in Finance. Collins, Buckley, Sauntry &Haugh, I?L.L.P Oak Park Heights City Council Page 2 December 14, 1998 Thank you in advance for your consideration of this request. Very truly yours, f THOMAS E. McELLISTREM TEM:mj Enclosure cc: Greg and Cathy Kunz LAW OFFICES Collins, Buckley, Sauntry & Haugh, P.LLP West 1100 First National Bank Building 332 Minnesota Street Saint Paul, Minnesota 55101 -1370 Telephone: (551) 227-0611 pax: (651) 227 -0758 November 19, 1998 Mr. Toni Melena City Administrator Oak Park Heights Po 0. Box 2008 14168 North 57th Street Oak Park Heights, MN 55082 Re. Stillwater High School Ropes Course Our File No. 11018-1 Dear Mr. Melena William E. Haugh, Jr. Michael J. Sauntry Mark W. Gehan tt Patrick T Tierney t *Thomas J. Germscheid * John R. Schulz a Thomas R. O'Connell d Dan O'Connell Christine L Stroemer Sarah J. Batzii Thomas E. McEllistrem Of Counsel tt* Theodore J. Collins Retired Eugene D. Buckley Please be advised that I represent a group of property owners adjacent to Stillwater High Schools I understand that you recently spoke with Greg Kunz, one of the adjacent property owners, regarding the Ropes Course constructed in the "buffer zone" between the high school and the neighborhood. I understand that you advised Mr. Kunz that the high school was "Within its rights" when it installed and constructed the Ropes Course this fall. The purpose of this letter is to request that the oak Park Heights City Zoning Administrator inspect the Ropes Course structure on the high school property to determine its compliance with the ordinance. According to oak Park Heights City ordinance Sec. 401.07.B, the City Zoning Administrator shall take appropriate action against a violator. The City Zoning Administrator, upon request, shall inspect buildings, structures and uses of property Within the city to determine their compliance with the ordinance. The City Zoning Administrator is required to notify in writing any person responsible for violating any provision of the ordinance, including the nature of the violation and ordering the action necessary to correct it The City Zoning Administrator shall further order the discontinuance of the illegal use of land, building or structures, and order the removal of illegal buildings, structures, additions or alterations As you are probably aware, the high school was issued a conditional use permit in December 19910 This permit granted permission for the construction and use of a high school facility in an 11 zoning district. The permit provides that the "property shall be used for the construction of a senior high school with related facilities as are currently described and shown in site plans and drawings attached to and incorporated with the developer's agreement to be executed between the developer and city prior to the issuance of the conditional use permit." * Also Admitted in Wisconsin. t Civil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association. 1 + Certified by the National Board of Trial Advocacy as a Civil Trial Specialist, o CPA, Certified by the Minnesota State Board of Accountancy.:: MBA in Finance. Collins, Buckley, Sauntry &Haugh PUP City Administrator Page 2 November 19, 1998 The conditional use permit further provides that "construction of any facilities gs y buildin or structures not specifically shown within the existing site pl drawings shall no_ t be Mowed except P upon application to amend the conditional use permit." Rather obviously, the school has not applied to amend the conditional use permit for the Ropes Course. The Ropes Course is a "structure" under the oak Park Heights zoning ordinance. A "structure" ( "public structure ") is defined as "an edifice or building of any kind, or any piece of work artificially built upon or composed of parts joined together in some definite manner which is owned or rented and operated by a federal, state or local government agency." Under a plain interp retation of the word "structure," a series of wooden poles anchored into the ground, and more than 40 feet tall in some cases, joined together by ropes, netting and ladders, clearly satisfies the definition of "structure." The structure is obviously "artificially" built. Minnesota case law establishes that where tall poles and connecting wires are constructed on property, such object falls within the definition of the term. "structure." 1 am in possession of a letter dated October 21, 1998, from you to Kathleen Mac y P , Superintendent of Schools, advising her that no permit to amend the conditional use permit was req uired because "the Ropes Course i ' s clearly within the defi of educational activities, it is not a building and it is located 'n the same area as other physical education related activities." My review of the conditional use permit and the oak Park Heights City ordnance does not sup port your opinion. To the contrary, the Ropes Course is clearly a structure which requires app lication licatio for amendment to the conditional use permit. In the event that you refuse to take any action in response to the requests set forth in this letter my clients are requesting that you forward this letter to the oak Park Heights City Council for g � action on this matter. Please advise me whether the Oak Park Heights City Council requires a direct request for relief from the property owners. If so, I will forward a letter directly to the City Council. I look forward to hearing from you soon. Very truly yours, THOMAS E. McELLISTREM TEM:mj cc: Greg and Cathy Kunz