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FROM GRAY PLANT MOOTY MOOTY & BENNETT (MON) 4, 10'00 15'58/ST, 15'57/N0, 4261724244 P 3 <br /> <br />Mr. Peter Beck, Esq. <br />March 28, 2000 <br />Page 2 <br /> <br />It .~eem.~ to me that the Cil~' has improperly u~ed the Conditional U~e Permit to get rid ora non- <br />conforming use in its C-1 District. I can see nothing, by any stretch of the imagination, that would <br />require a house to be moved simply to accommodate a parking lot in the back yard under a zero lot line <br />Conditional Usc P~;rmit request. If the City wants the house move& they need to condemn the house and <br />pay damages. Otherwise, they have no basis to require that thc home be moved as a condition oF <br />allowing a zero lot line permit. There is no nexrr~ between the permit request and the condition that the <br />home be moved. <br /> <br />At the time the permit was issued, it was Mr. Smith's intention to someday move the home and con.~truct <br />a new building on the site. Tint is still his intention. He has been looking for a tenant so that he can <br />obtain financing to build a new office building. Until he has a tenant in place, he is not able to proceed <br />with construction and moving the home. <br /> <br />It also appears that the City was using the Conditional Use Permit process to amortize out a home in a <br />C-1 District. I am certai, that the City is aware that the practice of amortizing out a non-conforming use <br />is now prohibited by Minncsola Statutes Section ~62.357, Sub& 1.c. The three year time period is <br />substantial evidence of the City's intention to use its zoning power to amortize out the home. <br /> <br />Our position i~ thru thc City has no legal basis to erLforcc thc condition that the home be moved. It would <br />probably be in everyong's best interest for the City to reconsider its recent denial of the amendment to <br />thc Conditional Use Permit to remove the condition. If the City rcfuses to remove the condition, and <br />instcad seeks judicial action to enforce the permit, we will vigorously defend that action and demand that <br />1.he City purchase the home through condemnation if it wants the home removed from thc commercial <br />district. <br /> <br />It would bc in both TJ Properties' and the City of Elk River's best imerest to wait for Mr. Smith to get a <br />new tenant, move the home, and construct a new building. <br /> <br />i would appreciate any comments you may have regarding the City's position. <br /> <br />Sincerely, <br /> <br />RINKE-NOONAN <br /> <br />By. <br /> <br /> David J. Meyers <br />DJM/cg <br />cc: TJ Properties <br /> <br /> <br />