PCAgenda_91Jan28 - Laserfiche WebLink

Home Browse Search

JENSEN, HICKEN, GEDDE ~ SCOTT, P. A. . ATTORNEYS AND COUNSELORS AT LAW BOCK, EDWARD A., JR. GEDDE, THOMAS A. OF COUNSEL ~ 300 ANOKA OFFICE CENTER HICKEN, JEFFREY P. HOWSE, G. CRAIG HOWARD, ROBERT A. 2150 THIRD AVENUE JENSEN, DAVID L. ANOKA, MINNESOTA 55303-2296 MATTKE, PAUL E. SCOTT, MICHAEL J. TELEPHONE (612) 421-4110 TELECOPIER (612) 421-1040 December 21, 1990 Ms. Susan Hoyt VIA FACSIMILE City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113-5594 RE: Conditional Use Permits Dear Ms. Hoyt: • You have inquired about the duration of conditional use permits. You asked whether they terminate at such time as the original permittee ceases operations at the site. As you point out, Section 9-15.04 of the Falcon Heights code states that a permit applies to the use and land and not to a person, and this suggests that a permit would continue indefinitely. That same section does provide that a permit may contain provisions that alter the above. The state statute provides that conditional use permits continue as long as the conditions are met, and also requires that conditional use permits be recorded (although it does not say by who). See MSA § 462.3595. In view of these laws, unless a conditional use permit, when issued, contains some provision to the contrary, a use permit would continue in effect, even if the use ceases for a period of time. In cases where the City is only concerned about physical development aspects such as setbacks, building materials, etc. The City may not be concerned about termination of the permit in the event of a termination of the permitted activity. On the other hand, where the City is concerned about activities at the premises and is conditioning them, it may be advisable for the City to provide in the •