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85/01/2006 15:37 LAW OFFICE 2140 4TH RUE 4 6519822499 NO.607 D02 <br />LAW OFFICES OP <br />William G. Hawkins and Associates <br />WILLIAM G. HAWKINS <br />BARRY A. SULLIVAN <br />May 1, 2006 <br />Legal Assistants <br />TAMMt J. Uvsces <br />HOLLY G. PROVO <br />Mr. Gordon Heitke <br />City Administrator <br />Lino Lakes City Hall <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />2140 FOURTH AvnvuE NoKii <br />ANOKA, MINNESOTA 55303 <br />PHONE (763) 427 -8877 <br />FAX (763) 421 -4213 <br />B-MAn. HawkLaw 1 @ aol.com <br />Re: Conditional Use Permit Mid - States Tire and Tool, Inc. d /b /a <br />Pomp's Tire <br />Dear Gordon: <br />You have requested an opinion from this office as to whether or not the City <br />should undertake legal action against the above - referenced applicant to revoke a <br />conditional use permit or other similar action. For the reasons expressed herein, l <br />see no legal basis for taking any action against the developer at this time. <br />As I understand the situation, the applicant is seeking to build a warehouse/ <br />installation facility at 7385 Apollo Court and intends to operate some type of auto <br />and truck repair facility. The property is zoned L -I (light industrial). Because the <br />applicant is proposing to do tire installation on the premises, the use is considered <br />a conditional use within the district and a conditional use permit is required. The <br />applicant applied for a conditional use permit. The permit application was <br />reviewed by staff, the Lino Lakes Environmental Board, and the Rice Creek <br />Watershed District. A public hearing was held before the Planning and Zoning <br />Commission on December 14, 2005. The Planning and Zoning Board <br />recommended a conditional approval of the CUP. The matter came before the Lino <br />Lakes City Council on February 13, 2006. The City Council approved the <br />conditional use permit subject to a number of conditions. Thereafter, and recently, <br />the applicant apparently has started site preparation which includes substantial <br />landscaping and grading activities. The landscaping and grading activities raise <br />concerns among a number of neighborhood residents who contacted the City. <br />