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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 />Jacob W. Steen, for <br />Larkin Hoffman <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