Laserfiche WebLink
Greenstein, Mabley & Wall, LLC <br />FRANK T. MABLEY <br />DANIEL G. WALL <br />Attorneys at Law <br />May 5,2004 <br />Thomas Paschke, City Planner <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br />Re: Minor Subdivision at 3103 Asbury/PF3S56 <br />Dear Thomas: <br />300 ROSEpALE SQ. OFFICE BUILDING <br />280� LINCOLN DRNE <br />ROSEVILLE, MN 55113-1312 <br />(651) 636-7696 <br />FAX (651) 636-9600 <br />Writer's direct dial no. (651) 636-7699 <br />e-mail: walldg@aol.com <br />Thank you for providing a copy of your planning file on the Albertson request for a minor <br />subdivision. Since speaking with you last week I have reviewed a tape of the Apri17 Planning <br />Commission hearing and have spoken with both Dennis Welsch and Jay Squires. There appears <br />no reason why the City Council would deny the minor subdivision requested. <br />In your planning report you recommend approval based on the conditions listed in Section 3.1 <br />through 3.11. Concerning the conditions at 3.8, I do not believe the Council can deny variances <br />or setback permits which have not been requested and are not before it. I have spoken with an <br />experienced local realtor who believes that this condition will significantly diminish the market <br />value of Lot 7 and may even preclude its sale. It could, in my opinion, constitute an unlawful <br />taking. Likewise it is not appropriate that the Council condition approval of a minor subdivision <br />by requiring placement of a driveway and submittal of a scaled site plan with afuture building <br />permit, as set out in 3.9 and 3.10. The conditions are wholly unrelated to the request for a minor <br />subdivision. <br />Except for mollifying a few neighbors, there is no benefit to the City in imposing these <br />conditions as part of this minor subdivision. The conditions should only be taken up by the City <br />at such time as a building permit is actually applied for. <br />Please remove conditions 3.8, 3.9 and 3.10 from the Staff Findings and Conditions section of <br />your report. I am happy to speak with you further about this before Monday's Council meeting. <br />Tha�k }��u, <br />� <br />Daniel G. Wall <br />