8e. Proposed Garden Center, approval of Purchase Agreement I .
CITY OF ....„....--
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I ,_
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1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN,,.MINNESQTA,5 ,317
�,� -�#-..: (612) 937-1900
MEMORANDUM _.___._.....- -._
I TO: Don Ashworth, City Manager _Y-.9_-gg _
..ce- ,ht ,I_______----,-
FROM: Gary Warren, City Engineer
I :c E1 :ed : sl,cil
DATE: September 8 , 1988 47_72- ru'
I SUBJ: Approval of Purchase Agreement , Jay Kronick Property
File No. 87-33
I The City' s storm water management plan approved by the City
Council has identified the general area encompassing the Jay
Kronick submittal for storm water retention as shown on the
II attached figure 2 from the storm water management plan. When
this property was first being considered for development by
Minnesota Auto Service Partnership, staff had been in nego-
II tiations for a portion of the property for construction of the
storm water retention pond. There were some practicalities of
construction which made this attractive to both parties in that
in order for the developer to have a buildable site on the
I southerly portion of the property abutting West 78th Street ,
there was a need for fill material. Likewise, in order to pro-
vide a storm water retention pond, material would have to be
I excavated from the proposed ponding area. As it turns out , the
material to be excavated for the pond site closely approximated
the fill material for the building site.
I Subsequently, Mr. Kronick has taken over pursuit of this property
-for his garden center and the City has continued with its nego-
tiations in the same manner as with Minnesota Auto Services ( see
I attached July 14, 1988 correspondence) . City Council
Administrative Packets have included the various letters of
correspondence which have been exchanged in these negotiations .
I The attached Purchase Agreement is favorable in that the City
obtains 1 . 6 acres of property and excavation of the pond site for
a total cost of $35 ,000 . The wetland alteration permit memo and
discussion addresses the pond sizing criteria and I therefore
Ihave not reiterated it here.
Council should be advised that City staff has had recent dis-
I cussions with Mr. Rick Murray concerning acquisition of the prop-
erty north of the Chanhassen office complex which abuts the
proposed ponding area on the west for expansion of the storm water
1 retention pond to increase our retention capabilities for the area.
we
m
s
. 1
Don Ashworth
September 8 , 1988
Page 2
Likewise , additional expenses will be necessary for construction
of the storm sewer pipe outlet from this pond as shown on the
construction plans. / Acquisition of this property and costs asso-
ciated with the construction of the pond and outlet are to be
funded through Tax Increment District No. 1 revenues.
It is therefore recommended that the City Council approve the 1
attached Purchase Agreement for the City' s storm water ponding
area located on the Jay Kronick property and authorize its execu-
tion.
Attachments 1
1. Storm Water Management Plan map.
2. Purchase Agreement.
3 . July 14 , 1988 letter to Jay Kronick.
4 . Corps of Engineers Joint Application.
I
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Figure 2
STORMWATER MANAGEMENT PLAN
4 >_ ., 'A / IA _ nio e1 /
09. 08. 86 02 . 42Fi,•S GRANNI S LAW FIRM RM FC.Ja-
r
PURCHASE AGREEMENT
AGREEMENT made this day of , 1988, between r
THE CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter
"City") , and JAY L. KRONICK and PEGGY M. ICRONICK, husband and wife r
(hereinafter "Sellers") .
RECITALS
A. Sellers have a Purchase Agreement interest in certain real
property in the City of Chanhassen, Counties of Hennepin and Carver,
State of Minnesota, legally described on the attached Exhibit "A", r
(hereinafter "subject property") .
B. city desires to purchase the subject property, and Sellers
are willing to sell the same to City, subject to the terms hereinafter r
set forth.
IN CONSIDERATION OF THE FOREGOING, AND IN CONSIDERATION OF THE r
MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:
1. sale of subject Property. Sellers agree to sell and convey r
to City by general warranty deed, and City agrees to purchase the subject i
property, subject to the following encumbrances:
a) Building, zoning, and subdivision ordinances, and state
and federal regulations;
b) Reservations of minerals or mineral rights to the State
of Minnesota;
c) Public roads, highways, utilities or rights-of-way; r
d) Real estate taxes payable in the year of closing and
subsequent years, together with all installments of special 11 assessments payable therewith and thereafter, whether heretofore
or hereafter levied or assessed, subject to the provisions of
paragraph 5 herein;
r09/01 /88 r
09. 08. coo 02 : 42PM GRANNI S LAW FIRM PO4
2 . Title Acquisition. This sale is subject to Sellers
obtaining title to the subject property. If the Sellers are unable to
' obtain title to this property, this Agreement shall become null and void
and all earnest money will be returned to the City.
' 3. Payment of Purchase Price. City shall pay to Sellers as
' consideration for the purchase of the subject property the sum of
Thirty-five Thousand Dollars ($35, 000.00) . The purchase price is payable
as follows:
One Thousand Dollars ($1, 000. 00) in cash, as earnest money,
' receipt of which is hereby acknowledged by Sellers; and
Thirty-four Thousand Dollars ($34 ,000.00) in cash, which is the
balance of the purchase price, payable on the date of closing by
check.
4. Evidence of Title. As soon hereafter as reasonably
' possible, Sellers shall furnish to city at Sellers' expense an abstract
1 of title certified to a current date covering title to the subject
property. City shall be allowed twenty (20) days after receipt of the
' abstract for examination of the same, making of any objections to the
title disclosed thereby, and notifying Sellers in writing of the nature
of such objections. If any objections to title are not made and Sellers
' notified, all as herein provided, such objections shall be deemed waived.
If any objections to title are made and the Sellers notified, all as
' herein provided, Sellers shall be allowed sixty (60) days to cure such
objections. If such objections are cured within sixty (60) days, this
' Agreement shall be performed according to its terms within ten (10) days
of written notice by Sellers to City of such curing of objections.
However, if any objections to title are made and the Sellers notified,
a s [ 7 : 4 '_. '2„T fi G i ,Sa N N I s L rt v T s= I :am O 5
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I
all as herein provided, and if such objections are not cured within said
sixty (60) days, City shall have the option of: ,
a) Declaring this Agreement null and void, and in such
event, receiving a refund from the Sellers of all earnest money
paid hereunder; or
b) Waiving any defect in title and in such event proceeding I
to close the transaction contemplated by this Agreement.
If title to the subject property be found marketable or be made so within II
sixty (60) day period after written objection thereto, and City shall
default in any of its obligations hereunder and continue in default for a II
period of ten (10) days, then, in that case, the Sellers may terminate
this Agreement, and on such termination all the payments made upon this II
Agreement, or pursuant to this Agreement shall be retained by the Sellers
as liquidated damages, time being of the essence thereof; but this 11
provision shall not deprive either party of the right of enforcing '
specific performance of this Agreement, provided this Agreement has not
been terminated as aforesaid, and provided action to enforce such
specific performance shall commence within six (6) months after such
right of action shall arise.
S. Closing. The closing of this transaction shall take place
on or before September 28, 1988, at such location and at such time as may
be mutually agreed upon by the parties; provided, however, that the '
closing date shall be subject to extensions as provided by paragraph 4 ,
herein.
6. Payment and Proration of Costs. The costs incurred by the
parties shall be provided as follows:
a) The Sellers shall pay the cost of obtaining the abstract II
to the subject property;
b) City shall pay all recording charges relating to the
filing of the warranty deed;
11111111111ftb.- -3-
09. 06. 66 0 2 . t. 2 F2„i * GRANNI S LAW F I RM Po
•
c) Real estate taxes payable in the year of closing shall
be prorated between Sellers and City as of the closing date.
Sellers are to pay all special assessments heretofore levied and
assessments to be levied for work heretofore completed but not
levied.
d) All other costs and charges shall be allocated in the
manner provided in this Agreement or, if no provision has been
made herein, then in accordance with the customs and usage
prevalent in Hennepin and Carver Counties, Minnesota.
7. Eight to Enter; Soil Vests; Surveys, etc. Sellers will
attempt to obtain access for the City and its agents to enter upon the
subject property for the purpose of making soil tests, measurements,
surveys, and such other similar investigations as City may reasonably
desire to be informed concerning the subject property.
B. aoinder in Applications, etc. Sellers hereby agree, so long
as City is not in default hereunder, to join with the City in executing
applications for, and in securing from any governmental authority having
jurisdiction over the subject property, any authorizations, permits,
approvals, or licenses which a
m y be necessary or required in connection
with City's plan of development for the subject property, including
without limitation the execution of any plats; provided (1) Sellers shall
not be required to be a co-petitioner, with respect to any applications,
and (2) the entire cost of applying for and securing any authorizations,
permits, approvals, plats, or licenses shall be borne solely by City, and
City shall hold Sellers harmless from any liability or costs in
connection therewith.
9. Access to Information. Sellers shall provide copies, or
allow City to review, all plats, subdivision plans, covenants,
restrictions, agreements, contracts, or other documents affecting the
subject property, to which Sellers have access.
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U =.7.4. U6. 68 U .1-=_; : 4L, == 1-1 L AW FIRM F07
10. Pollution. Sellers hereby represent and warrant that the
subject property is free of hazardous substances and is not subject to
any "Super-Fund" type liens or claims by governmental regulatory agencies II
or other third parties arising from the release or threatened release of
hazardous substances in, on, or about the subject property. '
11. Relocation Benefits. Sellers hereby waive the right to any
addition compensation from the City for relocation expenses.
12. Grading and Excavation. As part of the purchase price, '
Sellers shall do the rough grading and excavation work for the proposed
retention pond as represented on Sellers' Site- Grading Plan dated July '
25, 1988 prepared by Ernst Associates and filed with the City of
Chanhassen. The rough grading and excavation work shall be completed by
November 25, 1988. If the closing of this real estate transaction is
after September 28, 1988, then the rough grading and excavation work
shall be completed three (3) weeks after weather permits the work to be
commenced. However, if the work cannot be completed by November 25, 1988,
then it is not to be commenced until the spring of 1989.
13. Easements. Sellers shall give a 40 foot easement to the
City for sanitary sewer and water and storm sewer across the remaining
property of the Sellers. Sellers shall also give the City ingress and
egress across the parking lot and driveway of the Sellers' remaining
property.
14. Wetland Alteration. City shall pay the Sellers $375. 00 for
plan preparation and wetland alteration application.
15. Excess Fill. City shall make available to Sellers excess '
fill material that the City has, if any, and it will be the
responsibility of the Sellers to load and haul the material as necessary.
Y
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I
16. seller's contingency. This Agreement is subject to City
Council approval of Seller's request to operate a business on Seller's
parcel adjacent to the subject property without a paved parking area or
curbing until four (4) weeks, weather permitting, after the City
completes below grade work on Seller's adjacent property as represented
on the Site Plan dated July 25, 1988, prepared by Ernst Associates and
filed with the City of Chanhassen.
17. Notices. Any and all notices required by this Agreement
shall be made in writing and delivered personally or by prepaid,
certified mail to the parties as follows:
As to Sellers: Jay and Peggy Kronick
1609 Marshall Avenue
Rockville, Maryland 20851
As to Purchaser: Don Ashworth
II City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
I18. Miscellaneous. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective personal
Irepresentatives, heirs, successors, and assigns, and the provisions of
this Agreement shall survive the closing.
IN WITNESS WHEREOF, the artie
P s hereto have set their hands
IIthe day and year first above written.
ICITY OF CHANHASSEN
I BY:
Thomas L. Hamilton, Mayor`�" '�
__ BY:
Don Ashworth, City Manager
-6- �,.
0 g CIA. 8 8 Ci2 : 42I + Cf. a. N S A= I a NI 0
JAY L. KRONICK
PEGGY M. KRONICK
-7-
v.
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1
' EXHIBIT /Ail
That a
p rt of the following described property:
' Tract C and that part of Tract D lying Easterly of the Southerly
extension of the West line of said Tract C, Registered Land Survey
No. 59, files of Registrar of Titles, County of Carver; also the West
' 149 feet of that part of the Southwest Quarter of Section 7, Township
116 North, Range 22 West of the 5th Principal Meridian, lying
Southerly of the right-of-way of the Chicago, Milwaukee, and St. Paul
' Railway,
which lies South of a line drawn East perpendicular to the West line of
' said Tract C from a point thereon distant 103. 00 feet South, as measured
along said West line from the Northwest corner of said Tract C.
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CITYOF
\ ` t4
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1
-�, (612) 937-1900
July 14 , 1988
1
Mr. Jay Kronick
1609 Marshall Avenue
Rockville, MD 20851
Re: Storm Water Retention Basin 1
West 78th and County Line
Project No. 87-33
Dear Jay: 1
In response to your letter concerning the negotiation for 1 . 6
acres of property for the City storm water retention basin, I
have reviewed our cost estimate for the original $35 ,000 offer
which the City had negotiated with the previous developer. The
City' s estimate is based on 1. 6 acres of wetland property valued
at 34 per square foot for a total of $23 ,696 . 64, and muck excava-
tion of 4500 cubic yards of material at $2. 50 per cubic yard for
a cost of $11 , 250 . 00 , or a total of $34 , 946 . 64 . We have
rechecked our numbers and accurately planimetered our cross sec-
tions to arrive at what we feel is an accurate 4500 cubic yards
of material for excavation. As we discussed on the telephone ,
your estimate of 6500 cubic yards was a crude estimate. I there-
fore still believe that the $35 ,000 is reasonable payment for the
property and muck excavation in that you also are receiving fill
material at no additional charge from the City. The value of the
land is based on similar property values for the wetland property
of this nature. I therefore believe the 34c per square foot is a
reasonable offer.
Concerning the City providing excess fill which you may need for
your site, this is a scenario that changes from day to day as
each project progresses. At the time that your project is in
need of fill material , the City will make available to you any
excess fill material which we may have available at the time of
your request. It will be your responsibility to load and haul
the material as necessary.
1
I
' Mr. Jay Kronick
July 14 , 1988
Page 2
I have no roblem with
P your request for vehicular access to the
ponding area to be placed along the utility easement. If the
access is solely utilized by the City, the surface material will
be at the City' s discretion and cost. Concerning plan prepara-
tion fees and the wetland alteration application , we want to be
' reasonable in paying for our appropriate share of the costs ,
however, I do not believe that a pro-ration based on land area is
appropriate. The majority of the engineering cost no doubt will
' be involved with your building proposal and site details, whereas
the City' s 1. 6 acres is no more than a series of contour lines on
paper. I believe we can work something out here but I trust you
can see my point.
' Concerning the actual execution of the work, as you can see from
the earlier $35 ,000 calculation, the y om
rough � payment for contractor ' s
g grading and excavation of the storm water pond is built
into the $35 ,000 payment , therefore, I would not agree to paying
an additional sum to the contractor for doing this work.
On the issue of purchasing plant materials required for
landscaping from your garden center , we would look forward to
entertaining a bid at such time as we would be proceeding with
' the final landscaping effort.
I hope that this discussion clarifies our proposal and that we
can reach agreement soon on this matter .
Sincerely,
' CITY OF CHANHASSEN
G. P.E.
neer
GGW:ktm
cc: Don Ashworth, City Manager
1
y 1
.., CITY OF
1
,,i
N , - - CHANHASSEN 1
,Li , ,
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1
(612) 937-1900 -- -
June 20 , 1988 1--14.4...
� '7✓33 �er I 1
IMr. Tim Fell
Regulatory Functions Branch
i Dept. of the Army 1
1 St. Paul District Corps of Engineers
1421 U.S.P.O. Custom House
i St. Paul, MN 55101-1479
I
Re: Our file 88-8 WAP
Dear Mr. Fell: 1
Attached please find the joint application between the City of
Chanhassen and Jay Kronick for a permit to excavate approximately 1
4 ,500 cubic yards of sandy and silty clay. The subject property
is located on the north side of TH 5 along West 78th Street ( the
frontage road) between the Chanhassen Office Building and Redmond
IIProducts Building. It is my understanding that you have spoken
with Mr. Kronick regarding this application. Should you have
questions or need further information, please feel free to con-
tact myself or Gary Warren, City Engineer regarding this applica- 1
tion. Because Mr. Kronick is located in Maryland, we will be _
better able to provide you with additional information should you
need it. Thank you for you attention to this matter. 1
Si ere y,
I
Barbara Dacy
City Planner 1
BD:v
cc: Gary Warren 1
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I APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036
(33 CFR 325) Expires 30 June 1989
The Department of the Army permit program is authorized by Section 10 of the River and'Harbor Act of 1899,Section 404 of the
I Clean Water Act and Section 103 of the Marine,Protection,Research and Sanctuaries Act. These laws require permits authorizing
activities in or affecting navigable waters of the United States,the discharge of dredged or fill material into waters of the United States,
and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be
used in evaluating the application for a permit. Information in this application is made a matter of public record through issuance of a
I public notice. Disclosure of the information requested is voluntary;however,the data requested are necessary in order to communicate
with the applicant and to evaluate the permit application. If necessary information is not provided,the permit application cannot be
processed nor can a permit be issued. ,
I One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be
attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over
the location of the proposed activity. An application that is not completed in full will be returned.
1.APPLICATION NUMBER(To be assigned by Corps) 3.NAME,ADDRESS,AND TITLE OF AUTHORIZED AGENT
I 1 N/A
il
2. NAME AND ADDRESS OF APPLICANT
I
Jay Kronick City of Chanhassen Telephone no,during business hours
1609 Marshall Ave 690 Coulter Drive A/c( ) (Residence)
I Rockville, MD 20851 P.O. Box 147 A/C( ) (Office)
!i Chanhassen, MN 55317 Statement of Authorization: I hereby designate and authorize
to act In my behalf as my
I Telephone no.during business hours agent in the processing of this permit application and to furnish,upon request,
supplemental Information In support of the application.
A/C(:301) 279-9547 (Residence) SIGNATURE OF APPLICANT
DATE
A/c( 202) 554-2900 (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
I
4s.ACTIVITY
The subject property is approximately 3.7 acres. We propose tkexcavation of sandyand
1 silty clay to a maximum depth of 6 feet on approximately 1.6 acres of the site. Resulting
fill material will be used on site to grade the remaining 2.1 acres. For this portion of the
site depth of fill will vary between 0 and 4 feet. No excavated material will leave the
Isite and additional fill will be imported)iF ertecessary, to grade according to included plan.
I413,PURPOSE
The proposed activty will serve two purposes. First, excavation of 1.6 acres will result in
I a storm water retention pond consistent with the City of Chanhassen's Storm Water Management
Plan. Second, the filled and graded area will become the site for a retail garden nursery.
A 25 x 40 foot structure will be built, to be surrounded by outdoor display ara.
IExcavation work will begin in September 1988 and construction will be finished by January
1989.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
I
Approximately 4500 cubic yards of sandyand silty clay will be excavated. All of this
IImaterial will be used on site to fill and grade the remaining area.
I
II '
ENG FORM ;
ORM 4345, Apr 86 ` EDITION OF APR 83 IS OBSOLETE (Proponent: DAEN•CWO-N)
■
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY I
OWNERS, LESSEES, ETC.,WHOSE PROPERTY ALSO ADJOINS THE WATERWAY .
Chanhassen Center Partners Tom Redmond
c/o Builders Development c/o Pat Webber
P.O. Box 637 17249 Valley Road
Wayzata, MN 55391 Eden Prarie, MN 55344
6.WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Unnamed wetland, registered Land Survey No. 59, Cder County and the West 149 feet of the
Southwest Quarter of Sec 7, Township 116 North, Range 22 West of the 5th Principal
Meridian, South of Railroad.
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
West 78th Street, 1000 feet east of Dakota Avenue
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION }
Carver and Hennepin, MN 55317
COUNTY STATE ZIP CODE
City of Chanhassen
LOCAL GOVERNING BOGY WITH JURISDICTION OVER SITE
8. Is any portion of the activity for which authorization is sought now complete? ❑YES - NO
If answer Is"Yes"give reasons,month and year the activity was complatcd. Indicate the existing work on the drawings.
9.List all approvals or certifications and denials received from other federal, interstate,state or local agencies for any structures,construction,
discharges or other activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
NONE ,
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10.Application is hereby made for a
permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in
this application,and that to the best of my knowledge and belief such information Is true,complete,and accurate. I further certify tnat I possess the.
authority to undertake the proposed activities or I am acting-as the duly authorized agent of the applicant.
r
II
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,� 31 114y //Fr
At. 1.....11 - 4 balS....114116, zo 714 88
GN• URE OF APPLICANT DATE DATE
= _=
ao A. ,v• MAT]-
I
The application must be signed by the person who desires to undertake the • -... •. . nifty (applicant) or it may be signed by a duly
authorized agent if the statement in Block 3 has been filled out and signed.
18 U.S.C.Section 1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of The United States I
knowingly and willfully falsifies, conceals,or covers up by any trick,scheme,or device a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry,shall be fined not more than $10,000 or imprisoned not more than five years,or both.
I
Do not send a permit-processing fee with this application. The appropriate fee will be assessed when a permit is issued.
L-
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a
t + .ti_�.v •v 1 0.1 RM P O
vV F I
LAW OFFICES
G
DAVID UNNIS, GRANNIS, FARRELL& KNUTSON
DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION
DAVID L.GxANNIS,JR.- 1910-1980 TOP ;
Pon()ma Box 37 (612)433-2339
VANCE B.GRANNIS
VANCH B.GRANNIE,JR, 403 NoR ssr BANK 13unorI4G DAVID L.HARMEYER
PATRICK A,FARRELL 161 NOM CONCORD ExCHANGE Er B. KNE7SCH
RDom N GKNNUTNSIOi+i II Sovrr�$T.Nut, MINNESOTA S 5075 T tMOTiIY J. BERG
TELEPHONE(612)455-1661
September 8, 1988
CONFIDENTIAL
Ms. Barbara Dacy
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Lindberg C.U.P. Application
No. 88-11
Dear Barb:
At your direction i have reviewed the Planning Report and
Planning Commission Minutes concerning the above C.U.P.
application. You asked me if the City could legally sustain a
denial of the permit. It is very doubtful that a court would
sustain a denial. Cities are routinely reversed when they deny
C.U.P- 's. You have to be able to cite specific ordinance
provisions that are not satisfied and hard facts.
Planning Report states, the application a As your
ordinance requirements. The Planning Commission' soconcernyseems
to be that the proposal may have an adverse affect on the
neighborhood. The Minnesota Court of Appeals recently rejected
this as a basis for denial.
( ) This ar_s n
395 N.W.2d 115 1986 .
If the City does not think the ordinance is accomplishing what it
wants, then the ordinance should be amended.
Very truly my yours,
GRANNIS, GRANNIS, FARRELL
& KNUTSON, P.A.
BY.
RNK:srn Roger N. Knutson
AMMUNIIMMNOMMV
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