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Ms. Sheldon <br /> September 4, 1996 <br /> Page Two1111 <br /> Our investigation of this matter on behalf of our clients is <br /> continuing. However, based upon our initial conversation with <br /> them, review of the Mounds View Ordinances, and review of the <br /> proposed Site Plan, we believe that approval of the Conditional <br /> Use Permit for the site, as presently proposed, would be <br /> arbitrary and capricious. If this project is approved, the <br /> parking lot for the church will be extremely close to our <br /> client' s home. The serious impact on our client's property is <br /> obvious since their deck will look out over the parking lot and <br /> individuals parking at the site will literally be able to look <br /> right into their home. This is a completely unacceptable <br /> situation and our clients have no alternative but to use all <br /> legal remedies available to them in the event the City grants the <br /> Conditional Use Permit. These remedies of course include legal <br /> action against the City or application for a Writ of Mandamus to <br /> enjoin the issuance of the permit. <br /> It is clear that the City's Ordinances provide ample <br /> rationale in support of a denial of the Conditional Use Permit. <br /> We encourage the Planning Commission to recommend against <br /> approval of the Conditional Use Permit. Our clients intend to be1111 <br /> present at the Planning Commission Meeting to express their <br /> concerns. Although I will not be appearing at the Planning <br /> Commission Meeting, it is our intent to appear at the City <br /> Council Meeting when the issuance of the Conditional Use Permit <br /> is considered by the Council. <br /> Please distribute a copy of this letter to the Planning <br /> Commission for their information. I thank you in advance for <br /> your attention to this matter. <br /> Very truly yours, <br /> SWEENEY, BORER & OSTROW <br /> Auji . <br /> Paul T. Ostrow <br /> (dictated, but not read) <br /> PTO: kd <br /> cc: Danny and Rochelle Moon <br />