HomeMy WebLinkAbout1999-01-04 OPH Memo to Mayor & Councilr�
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Oak Park Heights
" 41 �S 57 Street N ®Box 2007 yak Park heights, MN SoS2 ®Phone X51 439 -443 9 * Fax 439-0574
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To: Mayor Schaaf and City Council Members
Planning Commissioners
F rom: Kris Danielson
D ate: 01/04/99
�. Stillwater High School Ropes course
The city of Oak Park Heights has been requested to evaluate the Stillwater High
School 9
ool Ropes course by area residents to determine whether or not this development
requires a conditional use permit.
Upon further review City Attorney is of the opinion that this development does
constitute a structure and will require a conditional use permit. Staff will work wi$b
School District 834 in establishing the necessary public hearings for this conditional
use permit once the school district has filed an application with the City. Staff
recommends that these public hearings be held at the Stillwater Area High School.
TREE CITY U.S.A.
LAW OFFICES OF
E cl , cLeir Lammers, Bri��s, Wolff
Lyle J. EAkern
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l7 rc,jory G. \]caller'+
Th0111ds
S usan 1). Olso e
N o rt� estern Avenue
(G 5) 1) 4�1 -2878
Direct Dial. No.
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Verl�
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D 1 , 1998
L r , Osk l
(651) 351 -211.8
*Qualified Neordl ArLtrjt,�r !l�•dr�ilGri
December 3 0 , 1998 *Qudlifl d Neutral .�r , trHl�ri
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Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 -- 57th Street North
P.O. Box 2007
Oak Park Heights, Minnesota 55082
Re: our File No. 1501 -5497
Stillwater Senior High Conditional Use
Permit /High School Ropes course
Dear Mr. Me
Pursuant to your request, we reviewed the circumstances
surrounding the construction of the Stillwater High School`ro p es
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, P rice
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 b the
Independent School District No. 834 office is of the o
our offi y
pinion
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, 19 9 8
Page 2
Further, the
"structure" to be:
City's ordinance defines the word
{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 owrners .
If you should have any other questions, please free to contact
me directly.
r
Yours v ry t ruly',
r
Ma (k J. Vierling
MJV /sdb