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� �� ,� �/ .� :;� October 6, 2008 Catherine and Riaz Hussain 2333 Maple Lane East Maplewood, MN 55109-1538 RE: 1901 Lexington Avenue Dear Mr. and Mrs. Hussain, �-•. In March of this year, the City Council considered a proposed Interim Use Permit (IUP) for a deli at the above address. As part of the City's research of prior land use approvals, Public Works and Community Development staff determined that any continued use of the existing parking areas adjacent to Autumn Street would be unsafe and recommended that these parking areas be removed pursuant to Resolution No. 9414 which was adopted by the City Council in 1997; a copy of this document is enclosed for your reference. The provisions of Resolution No. 9414 approving a Conditional Use Permit for the property are attached to the property in perpetuity, and the City Council's decision to effectuate one of the requirements of this resolution was independent of the approval of the IUP you requested in cooperation with Michael Schueller. A copy of the minutes from the March 24, 2008 City Council meeting is enclosed for your reference. You'll notice that the minutes refer to the removal of the parking areas adjacent to Autumn Street in the context of future reuse or redevelopment of the property; this is because City staff was under the impression that the building was vacant at the time the IUP request was being considered. Nevertheless, the recommendation of City staff and the decision of the City Council emphasized that any use of these parking areas creates a hazardous situation by virtue of its proximity to an intersection at Lexington Avenue, and the requirement to remove the parking areas is intended to ensure that tlley are not used for any purpose. While the current occupant at 1901 Lexington Avenue might not represent a'`reuse or redevelopment" of the property per se, the continuation of the use is sufficient to trigger compliance with the requirement. Earlier this past summer your realtor, Jim Johnson, called Roseville's Associate Planner, Bryan Lloyd, to inform him tllat the deli use would not occur on the property because the terms of the necessary property transfer could not be agreed upon. Mr. Lloyd reminded Mr. Johnson during this conversation that removal of the parking areas adjacent to Autumn Street was still required; Mr. Johnson agreed to convey the message to you. Since then, City staff has noticed that several vehicles have been utilizing the parking spaces along Autumn Street. In order to avoid formal enforcement action by the City, please remove these parking areas by June 1, 2009. Thank you for your cooperation. Should you have any questions or comments, please do not hesitate to call me at 651-792-7071. Sincerely, CITY OF ROSEVILLE Patrick Trudgeon, AICP Community Development Director City of Roseville Community Development Department 2660 Civic Center Drive ❖ Roseville, Minnesota 55113 651-792-7005 ❖ www.ci.roseville.mn.us/development