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Home My WebLink About1999-02-11 CA Ltr to Planing CommissionLAW OFFICES OF Echoer , Lammers, bri Wotff 1855 \oiAwcstern Avenue Stillwater, i\Atnnesota 55082 ((3 5 t) 4 5(1) -?878 FAX 459-22925 V ierlln Direct Dial No.: (651) 351-2118 Februar 11, 1999 E 1 �� too ------------------------- I ) atil �\. Wolff (1J- -t- t - 1 *Q11rdiked NCtI(I'di Arkilrator & eiator +0 Ll d lift ed Neutral ' Uttrator mCertified Real Estate Spelallst OQU,111fled NCUtl'dl �k edldtor Ll UPY Mr. Geor Vo 6411 St. Croix Trail North Oak Park Hei MN 55082 Ms. Ann Wasecha 5675 Newberr Avenue North Oak Park Hei MN 55082 Re: Public Hearin for Amended Conditional Use Permit Independent School District No. 834 Hi School Ropes Course Dear Chairman and Members of the Plannin Commission: We presentl have scheduled upcomin public hearin as it affects a re to amend the Conditional Use Permit that was issued to Independent SrChocl District No. 834. The purpose of the hearin of course, deals with the issue of the ropes course which has been constructed in the rear portions of the facilit Althou some confusion has occurred with re to the process whereb those facilities were constructed, the issue before y ou is whether or not the amended Conditional Use Permit should issue. For that purpose, y ou will be receivin a memorandum from Mr. Scott Richards of Northwest Associated Consultants detailin the criteria of the ordinance under which that determination should Mr. Chuck Hedlund, Chair 13991 - 56th Street North Oak Park Hei MN 55082 Mr. Mike Dal 14150 - 54th Street North Oak Park Hei MN 55082 Mr. Kirk Schultz 5660 New Circle North Oak Park Hei MN 55082 Rokert G. 45i.iQ A cl r L •J. \." I C 11 1 1 11 �* G1'C G. Galierl♦ Susan D. Olson* s n'ACT, LAW OFFICES OF Echoer , Lammers, bri Wotff 1855 \oiAwcstern Avenue Stillwater, i\Atnnesota 55082 ((3 5 t) 4 5(1) -?878 FAX 459-22925 V ierlln Direct Dial No.: (651) 351-2118 Februar 11, 1999 E 1 �� too ------------------------- I ) atil �\. Wolff (1J- -t- t - 1 *Q11rdiked NCtI(I'di Arkilrator & eiator +0 Ll d lift ed Neutral ' Uttrator mCertified Real Estate Spelallst OQU,111fled NCUtl'dl �k edldtor Ll UPY Mr. Geor Vo 6411 St. Croix Trail North Oak Park Hei MN 55082 Ms. Ann Wasecha 5675 Newberr Avenue North Oak Park Hei MN 55082 Re: Public Hearin for Amended Conditional Use Permit Independent School District No. 834 Hi School Ropes Course Dear Chairman and Members of the Plannin Commission: We presentl have scheduled upcomin public hearin as it affects a re to amend the Conditional Use Permit that was issued to Independent SrChocl District No. 834. The purpose of the hearin of course, deals with the issue of the ropes course which has been constructed in the rear portions of the facilit Althou some confusion has occurred with re to the process whereb those facilities were constructed, the issue before y ou is whether or not the amended Conditional Use Permit should issue. For that purpose, y ou will be receivin a memorandum from Mr. Scott Richards of Northwest Associated Consultants detailin the criteria of the ordinance under which that determination should Mr. Chuck Hedlund, Chair 13991 - 56th Street North Oak Park Hei MN 55082 Mr. Mike Dal 14150 - 54th Street North Oak Park Hei MN 55082 Mr. Kirk Schultz 5660 New Circle North Oak Park Hei MN 55082 Planning commission Members City of oak Park Heights February 11, 1999 Page 2 be made. It is the criteria of the ordinance, as well as the standards proposed by law, that determine the scope of your review and must serve as the basis for your determination, either to grant or deny the requested amendment to the Conditional Use Permit. For that purpose, we would also suggest that any action taken by the Planning commission to recommend on either side of this issue to the council be specific with regard to the individual findings made by the Planning commission on each of the ordinance criteria. You should also be aware that in law, a municipality certainly has broad discretionary power to grant or deny applications for conditional use permits or amendments to conditional use permits. That discretionary power, however, is limited by the criteria of the ordinance that determines the individual issues detailing each application for amended conditional use permit. In theory, if not in practice, the provisions of ordinances allowing for the issuance of conditional use permits are intended to provide for more flexibility and land use control than provisions authorizing and dealing with issues of variance. A conditional use permit implies by law that the use will be permitted absent the specific conditions or circumstances that make it unreasonable to do so. If in fact a proposed use meets all of the city criteria within its ordinance as it affects the issuance of a conditional use permit or amended. conditional use permit, the city would be without authority to deny the issuance of that permit. It is only when the requested application can not meet the criteria of the ordinance and/or raises special or inherent problems with the health, safety and welfare of a city's resident s or the public in general that permits can be denied. Provisions of the special or conditional use permit always provide the city the opportunity to grant permits but limit the application of the permit or otherwise condition it upon certain factors if indeed the council finds that the permit is generally acceptable but needs some special conditions or limitations placed on it to avoid unnecessary harm to the public health and welfare or to make it compliant with the city criteria as contained within the ordinance. Planning commission Members City of oak Park Heights February 11, 1999 Page 3 I trust that this information is helpful, however, I appreciate that there are many questions that come up from time to time on issues such as this and., as always, we invite the Planning Commission members to forward those questions to this office or contact me at your convenience so we can discuss them. Yours very truly, Mark J. vierling MJV /sdb cco Scott Richards Tom Melena Kris Danielson