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07/15/97 TUE 15:22 FAX 6123407800 DORSEY WHITNEY 0 004 <br /> DORSEY & WHITNEY LLP <br /> MtNNEAP('1LIY - <br /> PILLS(IUIRY C:f NTER SOUTH NI W YCILt Lc <br /> WAFII1NCTON.U.C. <br /> 220 SOUTH SIk'iH STRhF,T <br /> LOND(IN NGNVER <br /> MINNEAPOLIS.MINNESOTA 55402-149M <br /> LRUSSELY TELePNONE: (612)'340.2600 �V.A•TLE <br /> HONCICONC FAx: (612) 340_2868 FAKCO <br /> DES MOINES <br /> William R.loth BILLINGS <br /> AL1l;HESTFq (612)340-2969 <br /> COSTA MISYA F (612)34a7WO MIAAUVLA <br /> auth.WiUlam@doreeylaw.com GREAT PALLS <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 /> iDear 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 />