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RICKSON, <br />ELL, <br />ECKMAN & <br />UINN, P.A. <br />Mr. William J. Malinen <br />City Manager <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville. MN 55113 <br />-. <br />1700 West Highway 36 <br />s��c� iio <br />Roseville, MN 55113 <br />(651)223-4999 <br />(651) 223-4987 Fax <br />www.ebbqlaw.com <br />March 5, 2010 <br />RE: Riaz Hussain Conditional Use Permit ("CUP") Application <br />Dear Mr. Malinen: <br />Attachment A <br />James C. Erickson, Sr. <br />Caroline Bell Beckman <br />Charles R. Bartholdi <br />Kari L. Quinn <br />Mark F. Gaughan <br />James C. Erickson, )r. <br />Robert C. Bell - ojcounsel <br />At the February 22, 2010 City Council meeting, I recommcnded that the Riaz Hussain CUP <br />Amendment Application matter be continued so that I could rescarch the law pertaining to CUP <br />provisions when the property is no longer being used ror the use stated in the CUP. <br />Two proposed actions were before Ihe City Council on the 22°�. Pirst, there was a proposed <br />Resolution to Deny the CUP Amendment Application. Second, there was a request to issue a <br />Compliance Order requiring the removal of the parking areas. <br />l he law on thc ability of the City Council to deny the Amendment Application is clear. <br />Protection of general health, safety and welfare is a valid basis to deny a CUP. Since there has <br />been factual evidence presented that there are traffic issues relating to lhe parking lot and its use <br />the City Council does have a legally sufficient basis to deny the application, irrespective of the <br />cunent use ot'the site. <br />The removal of lhe parking areas based upon the issuance of a compliance order is less clear. <br />The remedy in the event that there is a violation of a condition in a CUV is the revocation of the <br />CUP. Since the property is not being currently used as a veterinary clinic this may be a <br />meaningless remedy. 7 herefore, the pursuit of a compliance order based upon the CUP may not <br />be appropriate at this time given that the property is not currently being used as a velerinary <br />clinic. <br />1 will be glad to discuss this matter further with the City Council when it next takes up the CUP <br />Amendment Application to determine whether to proceed with the compliance order. <br />