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FROM GRAY <br /> <br />PLANT MOOTY MOOTY <br /> <br />4 ,lO ,O0, 15:58ZST., n 15:57/N0. 4261724244 <br /> <br />SU]TZ ?OO, NGRWERT CENTER, P. O, BOX J4G7 <br /> <br />TK~G~HQN~ ~Q-~1-~700. FAX ~O-OOO-3~O0 <br /> [MAIL: MAIL~mNOON.COM <br /> <br />? 2' <br /> <br />March 2R, 2000 <br /> <br />Direct Dial #(320) 656-3512 <br /> <br />Mr. Peter Beck, Esq. <br />Gray, Plant, Moot), & Bennett <br />3400 Center City <br />33 South Six~ Street <br />Minneapolis, MN 55402 <br /> <br />Re: Onr Client: TJ Properties <br /> Our File No. 14844.001. <br /> <br />Dcm' Mr. Beck: <br /> <br />Mr. Timothy Smith and TJ Properties have retained our law fn'm to assist them with any issues arising <br />out of the August 3, 1994 Conditional Use Permit granted bythe City of l~lk Kiver. Mr. Smith has told <br />me about file recent hearing on his request to amend the Conditional Use Permit. I have also reviewed <br />copies of materials given to Mr. Smith from the City's file. My investigation is continuing. <br /> <br />The most puzzling issue for me is trying to understand the legal basis the City had to place a condition in <br />file permit that the home be moved. In reviewing the 1994 City staff memos, it is clem' that the office <br />building constructed by TJ Properties was a permitted use, and the conditional use was only needed <br />because of the zero lot line development with the common parking and driveway area. In memorandums <br />prepared by Mr. Steven B. Ach, then City Planner. dated May 24, 1994 and June 20, 1994, ther~ is <br />mention of TJ Properties' intention at some furore point to construct another office west of his building <br />on the land now occupied by the home. <br /> <br />There is a suggestion in one memorandum that the home should tm removed because hnprovement was <br />being made to a non-conforming usc, which is a single family house in a commercial zone. I think fl~e <br />City was stxetching to claim that building a parking lot in the back yard is somehow a change to the non- <br />toni'erin[ag u:se of thc house as a home. No findings were made on how a z, cro lot line Conditional Usc <br />Permit could relate to thc forccd removal of the home. <br /> <br />In 1994 when the permit was granted, Mr. Smith was aware of thc discussion about moving the home. <br />He specifically recalls that Mr. Ach said that the City would work with him on a future plan to move the <br />home. <br /> <br />2OO0 0~ 27 <br />~t:~)A'J'A%14$a~0Ol~Bec~ 03 2? 20OO.~xl CTG <br /> <br /> <br />