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8-0B -1999 10:49PM <br />Thomas M. Sweeney <br />George F. Borer <br />Patrick". Sweeney <br />Robin D. Tbmney <br />Michael J. Badka <br />FROM SWEENEY LAW FIRM 2985289 P. 2 <br />Sweeney, Borer & Sweeney <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />August 6, 1999 <br />Mr. Joel R. Hanson <br />City Administrator <br />CitY 4f Little Canada <br />515 Little Canada Road. <br />Little Canada, MN 55117 -1600 <br />Re: Application of Zoning Code - Ryan Industrial Park <br />Our File No. 9281 <br />Dear Joel: <br />Manhunt <br />(651) 2224541 . <br />Facsimile <br />(01) 223.4289 <br />As I discussed at great length in numerous conferences with Elizabeth Mursko on July <br />29, 1999, her conclusions as to the applicability of the Little Canada Zoning Code requirements <br />appear to be correct interpretations of the Zoning Code. However, it appears there may be <br />certain questions of fact as to what uses commenced when on certain properties within Ryan <br />Industrial Park. <br />Section 903.050, entitled "Off- Street Parking Requirements", provides in Paragraph D., <br />Subparagraph No. 5., as follows: "Change of Use or Occupancy of Buildings. Any change of <br />use or occupancy of any building or buildings including additions thereto requiring more parking <br />area shall not be permitted until there is famished such additional parking spaces as required by <br />this Ordinance." This provision would require additional parking spaces for any use change that <br />occurs after 1980. As indicated above, there may be a question as to when the change of use <br />occurred for 3176 Spruce Street. However, apparently a conditional use permit was required for <br />these premises for exterior storage and was never applied for. The conditional use permit is <br />required pursuant to the 1964, 1980 or current Zoning Code. <br />Dan Licht of Northwest Associated Consultants interprets the Little Canada Zoning Code <br />to require that an application for a conditional use permit triggers the necessity of.the application <br />complying with current ordinance requirements. The basis for his interpretation, which appears <br />to be a reasonable interpretation, is Section 921.010.C. Subparagraph No. 3., which states as <br />follows: "The Applicant shall demonstrate by clear and convincing evidence that the proposed <br />use conforms with all performance standards contained herein." Therefore, any <br />Page 29 <br />