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Sweeney, Borer & Ostrow <br /> Professional Association <br /> III <br /> Attorneys at Law <br /> Thomas M.Sweeney Suite 1200 Telephone <br /> George F.Borer Capital Centre (612)F222acsimil-2541e <br /> Paul T.Ostrow <br /> Patrick J.Sweeney 386 North Wabasha Street (612)223-5289 <br /> Robin D.Tomney St. Paul, Minnesota 55102 <br /> September 4, 1996 <br /> VIA FACSIMILE AND U.S. MAIL <br /> Ms. Pamela Sheldon <br /> Community Development Director <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> Re: Application for Conditional <br /> Use Permit - New Apostolic Church <br /> Our File No. 8529 <br /> Dear Ms. Sheldon: <br /> This letter is to advise you that we have been retained by <br /> 1111 Danny and Rochelle Moon. As you are aware, the Moons reside at <br /> 6929 Pleasant View Drive which is immediately adjacent to the <br /> property that is the subject of a Conditional Use Permit <br /> Application by New Apostolic Church at 3025 County Road H. Our <br /> clients are extremely concerned that the proposed development of <br /> this site, if approved, will have a serious impact on the value <br /> and enjoyment of their property. <br /> Quoting from your own Memorandum to the Planning Commission <br /> dated August 16, 1996, you state as follows: "testimony received <br /> from adjacent property owners indicate that questions remain <br /> about the compatibility of this project with adjacent residential <br /> uses, in particular, the width of the required setback between <br /> the property line and the parking lot. Addressing compatibility <br /> is fundamental to the Conditional Use Permit process. " (emphasis <br /> added) <br /> As is also stated in your Memorandum, Section 1125. 01 <br /> Subdivision 3b(2) of the Mounds View Code requires that in order <br /> to grant a Conditional Use Permit the City must find that "the <br /> use will be sufficiently compatible or separated by distance or <br /> screening from adjacent residentially zoned or used land so that <br /> existing homes will not be depreciated in value and there will be <br /> no deterrence to development of vacant land. " Subdivision (b) (3) <br /> of the Mounds View Code further precludes approval if the site <br /> has an adverse effect upon adjacent residential properties. <br />