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07/15/97 TUE 15:22 FAX 6123407800 DORSEY WHITNEY Q004 <br /> DORSEY & WHITNEY LLP <br /> MNNEAP(1LIY PILLSfiURY C:f NTER SOUTH <br /> NpW YC2IIK <br /> WAMIINCTON.U.C. 330 SOUTH Slx'rH STRkF,T <br /> LONg(sN MINNEAPOLIS.MINNES09'A 55402-1498 UGNVEfL <br /> I)MUSAELy SV�'rTLE <br /> TELEPHONE: (612) 340.2600 <br /> HONr. KONG FAX: (612) 340_2868 ►AKCO <br /> DES MOINES $ILf.)NGS <br /> Rt1CNESTe0. Wi1118tII1 R.gOt11 <br /> (612)340-2969 MISSOULA <br /> COSTA MtlyA ( <br /> 8gtb.Wluiam@dor8 yBaw .com C0.EM'BALLS <br /> July 15, 1997 <br /> Ms. Kim Moore-Sykes <br /> Management Assistant <br /> City of St.-Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: Proposed amendments to Zoning Ordinances regarding medical <br /> laboratories . <br /> Dear Kim: <br /> I have reviewed your memo of June 17 regarding the above. I am afraid the <br /> language that is proposed to be added at the end of Section. 1635.01 presents a <br /> number of problems. What this would do is open up the entire list of permitted <br /> uses to any other uses which an individual might claim are "compatible" with the <br /> enumerated uses. I do not think this is a good idea, and it might even be challenged <br /> as being unconstitutionally vague. By being very specific about the uses, someone <br /> with a new uses that is not covered by one of the permitted uses needs to seek an <br /> amendment'to the zoning ordinance. <br /> If the suggested language were used, such new uses could be approved <br /> without notice, without a hearing and without any amendment of the zoning <br /> ordinance. I think residents and city officials might be uncomfortable with any such <br /> provision. In addition, there would be no standards set forth in the ordinance as to <br /> what Is or is not compatible. This would leave open the question of who would <br /> make this determination. If nothing else was specified, the zoning official would <br /> need to make the determination. This could put the zoning official in a very <br /> difficult position. <br /> . As we discussed by telephone, I agree with your suggestion that the medical <br /> laboratories be included as a permitted conditional use rather than a permitted use. <br /> This would give the Planning Commission and Council greater control over such <br />