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<br />August 7, 1979
<br />A special meeting of the Lino Lakes City Council was called to order
<br />at 8:00 P.M., August 7, 1979.by Mayor Karth. Members preent; Kulaszewiczs.
<br />McLean. Schneider, Zelinka. Absent; None. Also present were Mr. Locher
<br />City Attorney, Mrs. Sarner, City Clerk, Mr. Blackbird and Mr. Herman
<br />Taile, Attorney, both representing Reshanau Estates, Mr. Benson, Chair-
<br />man of the homeowners group and several homeowners, later identified.
<br />The original intent of the special Council meeting was to act as mediator
<br />between the Reshanau Estates developer and the homeowners group on the pro-
<br />posed use of outlot H,J, and K in the East Shadow Lake Development. Since
<br />the meeting had been set, however, new information had been brought to light
<br />concerning the present status of these outlots. Mr. Locher had researched
<br />the matter and copies of his findings had been previously distributed to
<br />the Council members, Mr. Balckbird and Mr. Benson of the homewoners group.
<br />Mr. Karth read this for the benefit of those present. This in brief ex-
<br />plained that the Council minutes of January 26, 1970 indicated that a special
<br />use permit ( #28) had been granted on outlots G and H for 2 -4 family
<br />dwellings and outlot K for apartments. Townhouses could be considered as
<br />falling within this use. Under Ordinance 56A, this would survive and no
<br />action was ever taken to cancel or rescind it. The special use permit in
<br />this cas ran with teh land and could not be cancelled without the procedures
<br />of rezoning. Mayor Karth opened the meeting for questions from the audience.
<br />There was some discussion on the present status of special use permits,
<br />which are generally thought to run with the individual, rather than with
<br />the land, and are usually issued with a time or conditional limitation and /or
<br />subject to a yearly review. Mr. Zelinka discussed this and cited a case in
<br />point. Under current usage, variances and rezones, rather than special use
<br />permits, attach to the land. Mr. McLean noted that this was the practice
<br />in recent years, but that in this case, it was going back quite a few years
<br />Mr. Locher indicated that Ordinance No. 56, section 5.04 (adopted June 12,
<br />1972) provided that all uses existing at the time of adoption of the
<br />ordinance were automatically granted as they existed on that date. The
<br />special use permits granted for outlots G, H and K were in existance then
<br />and hed been since 1970. Mayor Karth read the portions of the Council
<br />minutes in question pertaining to the public hearings on outlots G,H,and K,
<br />Lakes Addition II, which dtipulated that no permit for development be
<br />allowed unless the plats were submitted and accepted.
<br />Mr. Schneider asked if at the time the special use permits were applied
<br />for, had they come under Ordinance No. 6, and did the subsequesnt section
<br />5.04 of Ordinance No. 56 then apply to that situation. Mr. Locher indicated
<br />that that was the case, unless section 6.21 of Ordinance No. 56 applied,
<br />which he then read. It stated that when a zoning change or a special use
<br />permit had been granted, it shall be incumbent on the owner to begin
<br />construction within 12 months, 1 year, after Council action on the proposal
<br />and complete the priject within 3 years. If construction had not occurred,
<br />the rezone shall be void and revert to its original zoning prior to re-
<br />zoning. However, Mr. Locher commented that the first sentence referred
<br />to "zoning change or special use permit," but later, in reference to its
<br />being woid, it read "rezoning" only, and the term special use permit was
<br />dropped; the whole paragraph did not refer to special use permits except
<br />in the first sentence. It was therefore somewhat unclear and open to
<br />interpretation. Mr. Lcoher indicated that he would take the position,
<br />if the Council was going to enforce section 6.21 uniformly on all applicabl
<br />lands within the City, that the special use permits do not survie unless
<br />there was costruction commenced within 1 year and completion in 3 years.
<br />Therefore the special use permits granted on outlots H and K would not be
<br />viable at this time. Mr. Locher brought up the example of other properties
<br />
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