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<br />2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 <br />TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 <br />www.kellyandlemmons.com <br />outlined in the application, makes it clear that the proposed office space is not “incidental” to use the <br />property as a single-family home. Rather use as office space is the intended primary use. A primary <br />use which is neither a permitted use or a conditional use under Gem Lake Ordinance 131 in the <br />present zoning district. This also explains why the conditional use permit should be denied. <br /> For the reason set forth above it is my recommendation that the conditional use permit, <br />variant, application, and special home occupation license application be denied. To grant the <br />requested permit and licenses will leave the city open for legal actions bought by any citizen of the <br />city. And it would be a legal action the City would lose. <br />Respectfully submit, <br /> <br />KELLY & LEMMONS, P.A. <br /> <br />/s/ Chad D. Lemmons <br />Chad D. Lemmons <br />CDL/JEO <br />