HomeMy WebLinkAbout2002-04-12 Applicant Attorney Ltr to OPH & NAC04/12/02 FRI 16:55 FAX 612 340 7900 � RI BE NNETT
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A Profemionai f,ldtfij L)AWiLY f irmolA. ip
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'33 South Srvcn6 Strict Tcicphonc; . 6 - 34 0. 795
Suite 2000 F-tx • 612 -.140 - 7900
Minne, .1polis, MN 55402 ww, com
R .BFNNETT
E G A N &ARUNDEL Jeffrey D. C arpenter
(612) 340 -8935
id carp e ntcr @ r i d erlaw. com
April 12, 2002
13Y FAX: 651439-0574
Ms. Kri s Danielson
Community Development Director
City of Oak Park Heights
14168 Oak Park Blvd, N.
O ak P ark Heights, SIN 55082
BY FAX: 65 1-439..3639
Mr. S cott Ri chards
Northwest Associated Consultants, Inc.
5775 Wayzata Boulevard, Suite 555
Minneapolis, MN 55416
Re: Stillwater School District —Application for Am ndment to Coiad.itio
real use
Penn it and variances for Stillwater Thigh School Stadium
Our File No.: 16981/102
Dear Ms. ,Danielson and lard lZichards:
This letter is simply to express a. concern with 'respect to the text o f ,Para a h p
P gr p 1� of the
Third Amendment to Conditional Use Pe=it and variauce the ``CL71 in � � connection with the
above matter. As you are probably aware, we received a draft of the CUP either
late yesterday or
this morning. Unfortunately, Z have not been available until late today o revi w the s matter.
The last sentence in Parag 15 was added t
g P o address issues with respect to the debate
over the possible requirement that the District either Rumish ennanent rest room
p rr� or
i
make rest rooms n all or a portion of the, existing school bw*1dinQ available for fan use during
various stadium events. ley notes and recol.lecytion indicate that City staff had understood that
. � �' h the
Distnct was obligated by the State bu.ildina code to make the school buildi available ailable for such
use in the event per na.nent stadium rest rooms were not to be constructed. Our
office shared a
contrary interpretation of the State bu.ildinor code on this issue. In an effort to avoid any further
delays, including the possible need for a subseq Council heating . q Cit ng, e prop was
made to simply require the District to comply with the State buildin Q code. As indicated
� 't' � dunng
the Council meet ' nor it would certainly be the intent of the .District to compl w � th the co d.e----
whatever those requirements might be. It is my understanding hat the Council g l on, and
approved, this compromise solution.
The current CUP l anguage reads as follows. "The District shall abide b State laws .
y in
providing necessary rest room facilities, subject to future, review b the C i t y Council." ' e r
y ty wh�l
assume that the iment of the proposed language is to conform to the Cit Council vote o this
V y
issue, I am concerned that it is susceptible to the following contrar inte ze
Y t ations:
I. By providing that the District shall abide by State laws "in providing necess
rest room facilities, T am concerned that this may be interpreted as an o bligation
ation
. � g
by the .District to furnish some form of permanent rest room facility lieu ty �n l u of
04/12/02 FRI 16:55 FAX 612 340 7900 RID ER BE
IZMER� BENNE TT� EGAN & ARIJNDIEL� LLB'
Ms. Kris Daniel
Mr. S cott Richards
April 12, 2002
Page 2
I FIN
satellite toilets (whether within the school buildincr or otherwise). To the e
� ) tent
that the bUIRding code requires us to do so, it would be the Di strict's inte nt to
ea�pZy. ovL��v'ex, f not so required, it was the District's intent and understanding
that this would not be so required..
2. By specifying that the District's obligation under this sentence would "
d b e subject
to future review by the City C ounci l," I am concerned that thi revi ew
� function
opens the door for the. City to require rest room facilities even if not required
a y q by
the State budlding code. This, I believe, was inconsistent wit], the vote
cast by the
City Council.
In light of the concerm expressed t
above, I suggest that the sentence in q uesti on
fol �� �, �o�l be revis S a�
�
llo s. In the interim Mr to anv futurc re uest for an amended conditional use emit for
ennanent rest room facilities the District shall corn ply with the rc uirements of the Sta
building code with. re spect to the Provisio o F toilet facilities 'n .J � .
udn erns tied the
rovisi.on of nortable temT)orary facilities.°'
Regrettably, I am unable to comment on the recise text as was ap p rove d p pp d at the City
Council hearing. Our office has requested a co of the videota e for e h r
copy p h hearing m an effort to
clarify the actual vote. We understand, however, that the p erson emp loyed by the City, who
r p p
regularly handles such requests, is currently on vacation. As soon as eve are able to scc
car a copy
of the videotape, and complete our review, we will ron tl not y ou
acco - r dsnglya
p p �" fy �' of our eo�lclus�ons
If for any reason you have any questions or . concerns with resp to the e
p foregoing, please
contact me at your earliest opportuluty.
Very truly yours,
RIDER, BENNETT EGAN & ARUNDEL, LLP
830479-1 �RB
InER 11 ENN - 7E T
CAN&A RUNDLL