HomeMy WebLinkAbout1999-02-24 Attorney McEllistrem Ltr to CA & Attorney FlynnLAW OFFICES
Collins, Buckley, Sauntry & Haugh, PLL P
West 1100 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101-1379
Telephone: (651) 227-0611
Fax: (651) 227-0758
VIA FAX AND MAIL
February 24, 1999
Mr. Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff& Vierling
1835 Northwestern Avenue
Stillwater, MN 55082
Mr. Patrick J. Flynn — VIA FAX #651-225-0600
Knutson, Flynn, Deans & Olsen
1155 Centre Point Drive, Suite 10
Mendota Heights MN 55120
Re: Petition for Peremptory Writ of Mandamus re
Stillwater High School Ropes Course
Our File No. 11018-1
Dear Messrs. Vierling and Flynn:
Please be advised that Independent School District No. 834 has failed to comply with the zoning
variance processing requirements set forth in Oak Park Heights City Code 401.04.B. My clients
request that the planning commission hearing scheduled for next Thursday, March 4, be rescheduled
until such time as the school district complies with the application requirements.
The school district failed to make a request for a variance on an official application form with
supporting materials at least 20 days prior to the date set for a public hearing. My clients have
learned that the materials were submitted untimely and are not complete.
Furthermore, the application was not accompanied by five large scale copies nor were detailed written
graphic materials fully explaining the proposed change. The written materials submitted with the
application do not even show where on the plat plan the structures are to be located.
* Also Admitted in Wisconsin.
t Civil Trial Specialist, Certified by the Civil Litogation Section of the Minnesota State Bar Association.
t Certified by the National Board of Trial Advocacy as a Civil Trial Specialist.
0 CPA, Certified by the Minnesota State Board of Accountancy. ervIBA in Finance.
William E. Haugh, Jr.
* Michael J. Sauntry
Mark W. Gehan
if Patrick T. Tierney
t*Thomas J. Germscheid
* John R. Schulz
oThomas R. O'Connell
0 Dan O'Connell
Christine L. Stroemer
Sarah J. Batzlt
Thomas E. McEllistrem
Matthew A. Slaven
Michael D. Wentzell
Of Counsel
tt* Theodore J. Collins
Retired
Eugene D. Buckley
Collins, Buckley, Sauntry Haugh, PL.LP
Page 2
February 24, 1999
Finally, the school district failed to provide a mailing list for all homes, businesses and properties
located within 500 feet of the subject property. (The ordinance formerly required a distance of 350
feet.
The City Code, Section 401.04 . B(1 )(a)(2), provides that "the request shall be considered as being
officially submitted and the application time line commences when all the information requirements
are complied with."
Pursuant to subparagraph (3) of Section 401.04.B, the city of oak Park Heights' zoning administrator
can only set a public hearing following the receipt of a cony d fete a lication.
My clients accordingly demand that the public hearing scheduled for March 4 at the Oak Park Heights
City Hall be canceled until such time as the school district properly complies with the mandatory
requirements set forth in Section 401.04.B.
If we do not receive assurances from Mr. Vierling that the March 4, 1999 hearing has been canceled
within 48 hours, we will pursue additional mandamus remedies with respect to the hearing.
I look forward to hearing from you soon.
Very truly yours,
TEM:mj
THOMAS E. McELT I S TREM
cc: Greg and Cathy Kunz
Tom and Lisa Edison
Mark W. Gehan