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<br />LAW OFFICES OF <br />PETERSON, BELL, CONVERSE & JENSEN, P.A. <br /> <br />Erwin A. Peterson <br />Robert C. Bell <br />Willard L. Converse <br />Roger A. Jensen <br />James C. Erickson*t <br />Carol A. Baldwin <br />Caroline Bell Beckman <br />Mitchell W. Converse <br />Shari A. Jacobus <br /> <br />-. <br /> <br />1500 Minnesota World Trade Center <br />30 East Seventh Street <br />St. Paul, MN 5510 1 <br /> <br />Telephone (651) 223-4999 <br />Facsimile (651) 223-4987 <br />e-mail -pbcj@pbcj.com <br /> <br />Of Counsel <br />Kurt F. Walther <br />Charles R. Bartholdi <br /> <br />November 16, 1998 <br /> <br />Ms. Kim Lee <br />Roseville City Planner <br />City of Roseville <br />2660 Civic Center Drive <br />RoseviIle, Minnesota 55113 <br /> <br />RE: Midas Muffler <br />Our File No: 1011.19 <br /> <br />Dear Kim: <br /> <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 Pennit (CUP) granted by the City on June 26, 1989. <br /> <br />In reviewing the appJicable Minutes of the City Council Meeting, I do not find any mention of <br />the color yellow not being allowed on the buiJding. It is true that the Planning Commission, at <br />its June 7, 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 /> <br />Conditions number four and five of the CUP read as follows: <br /> <br />4. That the building will be constructed entirely of brick with facia panels subject <br />to staff approval. <br /> <br />5. That final signage plans for the building and pylon are subject to staff review and <br />approval. <br /> <br />Based upon these two conditions, and the fact that the awning Mida.s wishes to add also contains <br />signage, I do believe it is within the discretion of the staff to detem1ine whether the awning and <br />signage contained thereon may be added to the building. <br /> <br />*Also Admitted in Wisconsin <br />tCivil Trial Specialist, CCJtified by the Civil Litigation Section of the Minnesota State Bar Association. <br /> <br />~ <br />~' <br />~. <br />