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•- .�.-ter.—..y <br /> LAW OFFICES OF <br /> Burke alyd Aawk«s <br /> r� SUITE 101 <br /> 299 COON RAPIDS BOULEVARD <br /> JOHN M.BURKE COON RAPIDS,MINNESOTA 55433 <br /> WILLIAM G.HAWKINS PHONE(61 2)784-2998 <br /> February 15, 1990 <br /> Ms. Laura Elken <br /> Lino Lakes City Hall <br /> 1189 :Main Street <br /> Lino Lakes, MN 55014 <br /> Re: City of Lino Lakes Park Dedication Ordinance <br /> Dear Laura: <br /> I have reviewed the information that you provided to me con- <br /> cerning the Park Commission' s request to amend the Subdivision <br /> Ordinance. It is their desire to require all commercial and <br /> industrial property to be platted whether or not the applicant <br /> requests it in order to collect park fees or to impose park fees <br /> on properties that are not subdivided. In your memo you have <br /> correctly cited Minnesota Statute 462. 358, Subd. 2 (b) which <br /> allows cities, such as Lino Lakes, to require park dedication. <br /> This statute only authorizes park dedication of land or fees in <br /> the event of a proposed subdivision of property. In my opinion , <br /> there is no legal authority for the city to impose a park fee <br /> merely upon the application by a person or entity for a building <br /> permit for a commercial or industrial development. Similarly <br /> there is no legal requirement that allows the city to require a <br /> commercial or industrial zoned property to be platted unless the <br /> developer requests the division of an existing parcel into two <br /> or more lots. <br /> While I understand the Park Board' s desire to acquire more funds <br /> for park development purposes, the concepts proposed are without <br /> legal basis and would not sustain challenge by property owners. <br /> Sincerely, <br /> William G. Hawkins <br /> WGH:mk <br /> cc: Mr . Randy Schumacher <br />