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t > HORSEY <br /> DORSEY 8 WHITNEY LLP <br /> JEROME P. GILLIGAN <br /> (612)340-2962 <br /> FAX(612)340-2643 <br /> giUiganjerame@dorsey.com <br /> January 13,2009 <br /> Ms. Kim Moore-Sykes <br /> Assistant City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony,MN 55418 <br /> Re: Proposed Subdivision—St. Anthony Business Center <br /> Dear Ms. Moore-Sykes: <br /> The City of St. Anthony has received an application from St. Anthony Business Center <br /> Corporation to subdivide its property at 3055 Old Highway 8 into two lots. As proposed by the <br /> applicant one lot would contain the existing building, and the second lot would contain parking <br /> and would otherwise be vacant. The lot on which the existing building is located would not meet <br /> the setback or parking requirements, and the applicant is proposing that the subdivision approval <br /> be conditioned on the two lots being considered one lot for zoning purposes and that a restrictive <br /> covenant be placed on the lots to that effect. The applicant has stated that it will be exploring <br /> new development on the vacant parcel but that it does not have any plans at this time for such <br /> development. <br /> What is being proposed by the applicant is akin to a planned unit development. <br /> However, in this case there will not be an approved final development plan to govern the <br /> development of the property as is required under the City Code for a planned unit development. <br /> I would not recommend that the City approve a subdivision that creates a nonconformity, and I <br /> do not believe it is a good practice for the City to impose zoning restrictions by contract. <br /> For these reasons I believe the City should deny the proposed subdivision. In connection <br /> with the denial the City should specify that the reason for the denial is that the subdivision as <br /> proposed creates a nonconformity. <br /> Should you have any questions at this time,please call me. <br /> Yours Trul , <br /> !roe P. Gillig <br /> JPG/pmh <br /> DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868 <br /> SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498 <br /> USA CANADA EUROPE ASIA <br /> I <br />