HomeMy WebLinkAbout1998-12-30 CA Ltr to OPHL J. Eeldper
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Rokert G. 13rig
Mend, -1. \' L1*
G,e G. Gall,.
Thomas -J. \Veid.er*
S(lsdn 1), Olson*
LAW OFFICES OF
ECI-Cherg Lammers Br Wolff & Vier
1855 Northwestern Avenue
S tillwater, ,%nnesota 55082
(651) 459-2878
FAN (651) 459-2925
Direct Dial Na.: (651) 351-2118
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, Minnesota
Dear Mr. Melena:
December 30, 1998
55082
Re: Our File No. 1501-6497
Stillwater Senior High Conditional Use
Permit/High School Ropes Course
' DC is. P I 1998
thosh
P.1 A. Wolff
(194-1-1996)
*Qualified Neutral ArLitrator & Mediator
•Qualified Neutral Arkitrator
*Certified Real Estate Specialist
•Qualified _Neutral _Mediator
Pursuant to your request, we reviewed the circumstances
surrounding the construction of the Stillwater High School ropes
course.
We have also reviewed correspondence from legal
representatives of adjacent property owners, correspondence from
Stillwater High School staff, inclusive of construction contracts,
Stillwater School Board minutes, details and specifications, price
quotations, etc.
In review of the City's ordinances and also after
reviewing the conditional use permit dated December 10, 1991 as
issued by the City of Oak Park Heights and executed by the
Independent School District No. 834, our office is of the opinion
that the ropes course does constitute a structure and is subject to
the terms and provisions of the ordinance and the conditional use
permit.
We note that under the terms of the conditional use
permit under I. Paragraph 2 it was specifically provided:
"Construction of any facilities, buildings or structures
not specifically shown within the existing site plan
drawings shall not be allowed except upon application to
amend the conditional use permit."
Mr. Thomas Melena
December 30, 1998
Page 2
Further, the City's ordinance defines the word
"structure" to be
'Anything which is built, constructed or erected; an
edifice or building of any kind; or any piece of work,
artificially built up and/or composed of parts joined
together in some definite manner whether temporary or
permanent in character. Among other things, structures
include buildings, manufactured homes, walls, fences,
swimming pools, billboards and poster panels."
401.02.
Given the foregoing, it would be our suggestion that the
City of Oak Park Heights correspond with the administration at the
high school in Independent School District No. 834 and suggest that
they file an application for an amended conditional use permit so
that the ropes course can be properly added to the conditional use
permit.
An amendment to the conditional use permit will, of
course, trigger public hearings as otherwise required under the
ordinance and publications thereof.
The Council may wish to consider the holding of these
public hearings on the premises of the Stillwater High School
inasmuch as the issue may of great interest to the Stillwater
student population and staff, as well as adjoining property owners.
If you should have any other questions, please free to contact
me directly.
MJV/sdb
Yours very tru
k J. Vierling