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34.00 CITY CENTER <br />33 SOUTH SIXTH STREET <br />MINNEAPOLIS, MN $S402-3796 <br /> <br />612 34-3-2800 <br />FAX: 612 333-0066 <br />WEB SITE: www. gpmiaw, com <br /> <br />CONSULTING OFFICE., BEIJlNG CHINA <br /> <br />Peter K. Beck <br />612 343°5374 <br />peter.beck~gpmlaw.com <br /> <br />April 26, 2000 <br /> <br />David J. Meyers <br />Rinke Noonan <br />Suite 700 Norwest Center <br />P.O. Box 1497 <br />St. Cloud, MN 56302-1497 <br /> <br /> Re: TJ Properties <br />Dear Mr. Meyers: <br /> <br /> This letter is in response to your letter of March 28, 2000 regarding Mr. Timothy <br />Smith and TJ Properties. I am enclosing for your information that portion of the minutes <br />from the March 20, 2000 Elk River City Council meeting dealing with the request by Mr. <br />Smith to amend conditional use permit No. CU94-17. <br /> <br /> In your letter you take the position that the City had no legal basis to require <br />removal of a single family home from Mr. Smith's commercial property as a condition to <br />approving a conditional use permit for development of a commercial building and <br />associated parking lot on the property. Quite the contrary. The City had no obligation to <br />grant a conditional use permit allowing a commercial parking lot to cover the entire back <br />yard of a single family residence. The City allowed these incompatible uses on the same <br />lot on Mr. Smith's representation that this would be a temporary situation, that he would <br />be moving the house in the near future, and that the entire property would be developed <br />for commercial office building purposes with associated parking. In light of Mr. Smith's <br />representations the Council approved a conditional use permit for the development, <br />allowing the use of the single family lot for commercial parking, on the condition that the <br />house be. moved ,within 3 years. This is a perfectly reasonable, lawful condition adopted <br />to accommodate Mr. Smith's desire to develop the property in phases. The alternative <br />was to deny the conditional use permit until the entire property was cleared and ready for <br />commercial development. <br /> <br />GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. ATTORNEYS dT LAW <br /> <br /> <br />