Agenda Packets - 1993/09/27 - Laserfiche WebLink

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FRANKE AND RIACH v.13141 7� A Professional Association o ?t6, 200.Rosedale Towers Of Attorneys At Law 3 T-9N 1700 West Highway 36 tp AU%�9 0v Roseville, MN 55113-4015 tt) R► �V August 11, 1993 M See;4,4 AlrV Telephone: (612) 636-6400 v. Facsimile: (612) 636-7334 Ow Mr. Paul Harrington \ 11 City of Mounds View t, e`2&'6Z 2ZLZ� 2401 Highway 10 Mounds View, MN 55112-1499 Re: John Engberg - Conditional Use Permit 3030 County Road J, Mounds View, MN 55112 Our File: 922348-920001 Dear Mr. Harrington: This letter is to confirm our telephone conversation of this morning. It is my understanding from our conversation that the provisions of City Ordinance Chapter 40, Zoning - relating to garages and accessory buildings - which negatively impact upon Mr. Engberg' s property, became effective in August of 1988 and that the subject structure was in compliance with the zoning ordinances in effect prior to said amendment. Mr. Engberg has advised me that the subject structure was built in 1987, at the same time that his neighbor built his new garage, which you confirmed was in 1987. Based thereon, I believe that Mr. Engberg' s structure is permitted without any conditional use permit or variance because the subject structure falls under the zoning ordinance' s grandfather clause which in pertinent part reads as follows: Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the-effective at-e-of-t sem-ode s not affected-by its enactment. City of Mounds View Ordinance 40.01, Subd. J Irrespective of whether a building permit was pulled, Mr. Engberg' s rights vested in 1987 when the subject structure was constructed; the structure conformed with all zoning requirements then in effect. Consequently, I believe that the City may penalize Mr. Engberg for not pulling a building permit, which the city did in 1991; however, I do not believe that the City may violate my client' s vested property rights by requiring him to seek a conditional use permit or a zoning variance so as to comply with the 1988 amendments to the zoning ordinances. I ask that you discuss this matter with the City Attorney, and contact me regarding the City' s position related thereto. I believe that the matter is clear and that it would be in everyone ' s advantage to avoid protracted litigation related to this matter.