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T T L LAW OFFICES OF <br /> PETERSON, BELL, CONVERSE & JENSEN, P. . <br /> Erwin A. Peterson 1500 Minnesota world 'trade Center <br /> Robert C. Bell 30 East Seventh Street <br /> Willard L. Converse St. Paul, MN 55101 <br /> Roger A. Jenson Of Counsel <br /> Janes C. Erickson*t Telephone (651) 223.4999 Kurt F. Walther <br /> Carol A. Baldwin Facsimile (651) 223-4987 Charles R. Bartho ldi <br /> Caroline gill Beckman <br /> Mitchell W. Converse e-mail - pbcj0pbcj.com. <br /> Shari A. Jacobus <br /> November 16, 1998 <br /> Ms. Kim Tee <br /> Roseville City Planner <br /> City of Roseville <br /> 2660 Civic Center Drive <br /> Roseville, Minnesota 55113 <br /> Our File No,: 1011.19 <br /> Dear Kim: <br /> You have requested a written opinion on whether Midas Muffler is prohibited from adding a <br /> yellow awning to its building as a result of the conditions placed upon this use pursuant to the <br /> Conditional Use Permit (CUP) granted by the City on June 26, 1989. <br /> In reviewing the applicable Minutes of the City Council Meeting, I do not find any mention of <br /> the color yellow not being allowed on the building. It is true that the Plannin6 Commission, at <br /> its June 7, 1989 meeting did re omunend approval of a CUP with a condition that stated "the <br /> building will he constructed entirely of brief with white facia panels (no yellow)." However, <br /> as it does not appear this recommendation was adopted by the Council, the addition of a yellow <br /> awning on the Midas building would not he considered a violation of the CUP. <br /> Conditions number four and five of the CUP read as follows: <br /> 4. That the building will be constructed entirely of brief with facia panels subject <br /> to staff approval. <br /> 5. That final signage plans for the building and pylon are subject to staff review and <br /> approval. <br /> Based upon these two conditions, and the fact that the awning Midas wishes to add also contains <br /> signage, I do believe it is within the discretion of the staff to determine whether the awning and <br /> signage contained thereon may he added to the building. <br /> *Also Admitted in Wiseons® <br /> tCivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota state Bar Association. <br />