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0 EDORSEY 59 <br />JEROME P. GILLIGAN <br />(612) 340-2962 <br />FAX (612) 340-2643 <br />gilligan.jerome@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. Moorc-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 rneet <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 aloin to a planned unit development. <br />Ilowever, 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 Inc. <br />,1PG/pmh <br />Yours TTUI , <br />1,�. <br />ero ,e0. Gilligan. <br />DORSEY & WHITNEY I -LP • WWW.DORSEY,COM • T 612.340.2600 • F 612340,9868 <br />SUITE 7500• 50 SOUTH SIXTI-I STREET • MINNEAPOLIS, MINNLSOIA 55402-1498 <br />tJBA C A N A I I A EUROPE ASIA <br />