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Meeting Date 1-28-91 <br />Agenda Item F-2 <br />• <br />CITY OF FALCON HEIGHTS <br />PLANNING COMMISSION <br />• <br />ITEM DESCRIPTION: Report on the termination of conditional use <br />perms s <br />SUBMITTED BY: Susan Hoyt, City Planner <br />REVIEWED BY: Tom Gedde, City Attorney <br />EXPLANATION/DESCRIPTION: <br />City Attorney Tom Gedde responded to the Planning Commission's <br />request for a mechanism to discontinue a conditional use permit <br />granted for a use once the use is discontinued at the location <br />(attachment 1). <br />In summary, Gedde's opinion states that according to state <br />statute and Falcon Heights City Code, the conditional use permit <br />goes with the property not the specific business use regardless <br />of when the business closes. However, he suggests that if the <br />conditional use permit is granted because the City is concerned <br />about the activities associated with the use (e.g. a pool and <br />game arcade) rather than site development features (e. a <br />grocery store), the City may include a condition terminating the <br />conditional use upon business closure or transfer of ownership. <br />ATTACHMENT 1 - Letter from City Attorney dated 12/21/90 <br />ACTION REQUESTED: <br />For your information and future use in considering conditional <br />use permits <br />• <br />