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. . . Minutes of the Arden Hills Worksession Meeting, 6/15/92 Page 2 DISCUSSION: FOSTER APPLICATION FOR DEVELOPMENT, LEXINGTON AVENUE Council was referred to a letter from Attorney Thomas Balyk, representing Dennis Foster, and a confidential affidavit from Foster which relates to the proposed planning application for development. Council also received a letter from City Attorney Jerry Filla, dated 6/15/92, relating to the proposed development application. There was discussion regarding whether or not the applicant has acquired a vested right in the issuance of a building permit, based on the rationale that Foster has incurred substantial costs in reliance upon Council approval of the application. Attorney Filla reviewed sections of the city Code relating to expiration of approval of building permits and the contents of these regulations and interpretation of same by City staff prompted the request for reapplication for this development. He also stated that granting of a building permit for this development does not preclude the adoption of new zoning regulations which prohibit the erection of a building if the new zoning regulations are adopted to protect the health, safety and welfare of the community. Filla indicated that the interpretation of the "health, safety and welfare" issue is broad and may relate to such items as tax structure. Attorney Balyk reviewed his correspondence and affidavit. He reviewed the expenses incurred by his client, which are unique to the proposed project and would not be otherwise usable. He also stated that the conduct of the City in enacting its development moratorium would deprive his client of a vested property right in this case. There was discussion relating to an interim use of the property for this project. Dennis Foster indicated that it is his intent to provide a permanent structure, as soon as it becomes financially feasible, and eliminate the proposed bubble structure. Attorney Filla suggested Council attempt to resolve this matter without the cost and delay of litigation. He proposed construction of the proposed development according to the approved site plan and recommended the air supported structures be removed within five years.