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Katie Larsen <br /> March 12, 2021 <br /> Page 4 <br /> (b) This section applies to an action of a political subdivision of the state or a <br /> local zoning authority occurring on or after May 20, 2006, that requires removal <br /> of a legal nonconforming use as a condition or prerequisite for the issuance of a <br /> permit, license, or other approval. <br /> Minn. Stat Sec. 117.184 (emphasis added). Here, the City has demanded that Mr. Stowe execute <br /> a Conditional Use Permit Termination Agreement to terminate the original SUP as well as a <br /> subsequently-approved CUP issued in 1997. The City,by requiring the forfeiture of a legal <br /> nonconforming use as a condition of granting an unnecessary and unreasonable CUP, has <br /> committed a statutory taking that can only be mitigated by an affirmative recognition that the <br /> Property retains property rights under the SUP. <br /> Conclusion <br /> Mr. Stowe's simple desire is to continue using the Property as it has been used for fifty years. <br /> Although Mr. Stowe disputes the applicability of any of the performance standards contained in <br /> the Stable Ordinance,by far the most intolerable limitation is the cap of 12.5-25 animals on the <br /> Property. My client will protect his rights to a greater number of animals on the Property. To <br /> this date, the City has been unwilling to provide any details regarding the facts underlying its <br /> view that the SUP expired. If the City insists on the applicability of the Stable Ordinance to the <br /> Property and the coerced surrender of the SUP, Mr. Stowe intends to seek relief from the District <br /> Court. Please contact me if you would like to discuss this matter further. <br /> Sincerely, <br /> 191-- <br /> Jacob W. Steen, for <br /> Larkin Hoffinan <br /> Direct Dial: 952-896-3239 <br /> Direct Fax: 952-842-1738 <br /> Email: jsteen@larkinhoffman.com <br /> cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) <br /> Councilmember Tony Cavegn(via email Tcavegen@linolakes.us) <br /> Councilmember Chris Lyden(via email clyden@linolakes.us) <br /> Councilmember Michael Ruhland(via email mruhland@linolakes.us) <br /> Councilmember Dale Stoesz (via email DStoesz@linolakes.us) <br /> Jay Squires, City Attorney(via email jay.squires@raswlaw.com) <br /> Chris Stowe (via email mss37@aol.com) <br /> Mark Stowe (via email trinitypl@aol.com) <br /> Bryan J. Huntington, Esq. (via email bhuntington@larkinhoffman.com) <br /> 4817-8754-1981,v. 1 <br />