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• <br />• <br />LAW OFFICES OF <br />William G. Hawkins and Associates <br />WILLIAM G. HAWKINS <br />BARRY A. SULLIVAN <br />July 27, 2006 <br />Legal Assistants <br />TAMMI J. UVEGES <br />HOLLY G. PROVO <br />Mr. Jeff Smyser <br />Lino Lakes City Hall <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />2140 FouRTH AVENUE NORTH <br />ANOKA, MINNESOTA 55303 <br />PHONE (763) 427 -8877 <br />FAX (763) 421 -4213 <br />E -MAIL HawkLawl@aol.com <br />Re: Miller's Crossroads Shopping Center Conditional Use Permit Application <br />Dear Mr. Smyser: <br />1 am responding to your request for a legal opinion concerning the application of <br />Bruggeman Properties for a conditional use permit for a drive through and outdoor <br />seating on their shopping center project known as Miller's Crossing. 1 have reviewed <br />the application of Bruggeman Properties as well as the action of the City Council in <br />approving a rezoning, planned unit development and conditional use permit for this <br />site in 2003. <br />FACTS AND BACKGROUND <br />In 2003, Bruggeman Properties proposed to construct 152 town homes and a <br />13,000 sq. ft. commercial building on property owned by the company in the City of <br />Lino Lakes. In order to accomplish the proposed development it was necessary for <br />the applicants to obtain a rezoning of the commercial site from R -3 to Limited <br />Business and rezoning of the residential portion of the property from R -1, Single <br />Family Residential and R -3, Medium Density Residential to R -3 Planned Unit <br />Development (PUD). In addition, a preliminary plat approval and a conditional use <br />permit for a commercial daycare facility in the commercial building were submitted. <br />The City Council, in Ordinances No. 19 -03 and 20 -03, amended the zoning ordinance <br />of the City by approving the applications of the developers as recited above. In these <br />ordinances, the City Council made findings to support the rezoning which included a <br />finding that traffic generated by the proposed uses will be within the capabilities of <br />the streets serving the properties. At the time of these zoning approvals, there was <br />no mention of a drive through facility or outdoor facility in either of the ordinances. <br />