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1 LAW OFFICES of <br /> w <br /> PETERSON, BELL, CONVERSE & JENSEN, P.A. <br /> Erwin A. Peterson y' 1500 Minnesota World Trade Center <br /> Robert C. Bell 30 East Seventh Street <br /> Willard L. Converse St. Paula MN 55101 <br /> Roger A. Jensen Of Counsel <br /> James C. Eriokson*f Telephone (651) 223-4999 Kurt F. Walther <br /> Carol A, Baldwin Facsimile (651) 223-4987 Charles R. Eartholdi <br /> Caroline Bell Beckman <br /> Mitchell W. Converse e-mail -pbej 9pbej.eom <br /> Shari A. Jacobus <br /> November 16, 1998 <br /> Ms. Kim Lee <br /> Roseville City Planner <br /> City of Roseville <br /> 60 Civic Center Drive <br /> Roseville, Minnesota 55113 <br /> ICE' Midas Muffler <br /> Our File NO: 1011.19 <br /> Dear Kira: <br /> You have requested a written opinion on whether Midas uffler is prohibited from adding <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 Planning Commission, at <br /> its .Tune T, 1989 meeting did recommend approval of a CUP with a condition that stated "the <br /> building will be constructed entirely of brick 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 be 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 const ded entirely of brick 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 be added to the building. <br /> *Also Admitted in Wisconsin <br /> tCivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association. <br />