HomeMy WebLinkAbout1999-04-13 CA Ltr to Attorney McEllistremLAW OFFICES OF
EC1Cherg, Lammers, Briggs, Wolff & Vier
iditleS simmers
Lert G. f3ri.5,gsio• (( 51) 1-59-2878
Iklarl< Vierl;ng*
FAX (651) 3 '
59-
G reg,or y G. Gal ler.
Thomas .1. Weidner* Direct Dial No.: (651) 351-2118
Susan D. Oison•
David K. Sn April 13, 1999
Urosh 101(11*
Mr. Thomas E. McEllistrem
Collins, Buckley, Sauntry
& Haugh, P.L.L.P.
W-1100 First National Bank Bldg.
332 Minnesota Street
St. Paul, Minnesota 55101
Dear Mr. McEllistrem:
1855 Northwestern Avenue
Stillwater. Minnesota 5508
c
Re: Stillwater High School Ropes Course
Your File No. 11018-1
Our File No. 1501-6497
*Qua like,' Neutral Arhitrat.r & Mecltator
•Qualiltecl Neutral Arl,itrator
*Certtkecl RcdI Estate Spec.. list
•Qualtked Neutral Mediator
I am in receipt of your correspondence of April 8.
You will note under the definition of essential services
and essential service structures it refers to "structures and
buildings necessary for the operation of essential services,
including, but not limited to: . . .", etc. It is the opinion of
this office, as well as the City of Oak Park Heights, that the
Stillwater Area High School is an essential service. Public
education is mandated by statute and indeed Independent School
District #834 and its facilities are government buildings. The
ropes course as proposed by the Independent School District #834
administration is an adjunct or accessory use to the essential
service and primary operations of the high school. I realize your
clients may disagree with the need for the facility, however, that
decision has already been made by the Board of Education for
Independent School District #834 and the high school administration
and, of course, they are the appropriate authority to determine
what is and is not in furtherance of education of their student
population as opposed to the City or your clients.
Independent School District #834 is in the open space
zone and the accessory use of the ropes course is, of course,
authorized as a recreational facility under 401.21D(6) of the City
of Oak Park Heights Zoning Code. That authorization is as a
permitted use. The normal height for buildings in the "0" district
is set at 35 feet, however, an exception is made within 401.150(4)
rdui A. v/0111
(191-1-1996)
Mr. Thomas E. McEllistrem
April 13, 1999
Page 2
under Section K. for poles and towers and other structures for
essential services. You will also note that in the original
Conditional Use Permit the school district received a variance as
to height allowing the school district to exceed the 35 foot height
restriction otherwise set forth within the ordinance, which allowed
them to construct the auditorium, which has a roof to 5 o feet in
height, the cafeteria to 39 feet in height and the administrative
media building to 43.8 feet in height.
The public hearing and informational section of the
Planning commission meeting has been closed and will not be
reopened unless it is the view and desire of that body to do so.
1 will, however, note within our file the receipt of your
correspondence and, of course, the response that 1 am providing
herewith and 1 intend to copy the Planning commission on this
matter as well.
MJV /sdb
cc: Thomas Melena, city
Administrator (w/enc)
Oak Park Heights Planning
Commission (w /enc)
Yours very truly,
Mark J. Vierling