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WINSTON LAW OFFICE <br />4420 IDS CENTER <br />aO SOUTH 6TH STREET <br />MINNEAPOLIS. MINNESOTA 55402 <br />TEL: (^121141-5800 <br />PAX- (AIJ»J<")HN B. WINSTON <br />DIRECT: l612i 341-9313 <br />April 14. 1997 <br />Orono Citv Council <br />Orono Citv Hall <br />Orono, MN 55323 <br />RE: #2204 James G. Fullerton III Request for Prdiminar)’^ Subidivision <br />Approval and Issuance of Conditional Use Permit <br />Dear Councilmembers: <br />In response to Applicam’s present request for preliminar>’ subditision approval. <br />Staff issued its Staff Report on Februar)' 21. 1997. Appended thereto was a proposed <br />Resolution granting Applicant the reqLiested approval, subject to certiiin conditions. <br />Condition No. 13 included the imposition of a park dedication fee: <br />... Tlte park dedication fee shall be based on S% of the fair <br />market value of the area^value of Lots 1 and 2. <br />Lot 1 is proposed to be 4.22 acies in size, iutd Lot 2 is proposed to be 4.67 in size. Botit <br />Lots front on Stubbs Bay. Lake Minnetonka. Because of the lot size and hikeshore <br />frontage, various park-type opportunities arc available on the Lots themselves, and the <br />occupants of die Lots ivi.U not necessarily be compelled ro leave the Lots for recreational, <br />park-t\'pc activities. <br />On receipt of the Febn.iarv 21, 1997 Staff Report, Applicant's attorney responded <br />widi his letter also dated Febmary 21,1997. In paragraph 7 of the letter we noted: <br />/.Please review Condition No. 13 (the park dedication charge) with <br />die City Attorney. We are concerned that the City's ordinance does <br />not zonform to the requirements of Minnesota Statutes, Section <br />462.358. subd. 2(b), or of Collis v. City of Bloomington, which <br />iiuerpiets .said statute. Specifically, our concern is that an absolute <br />dcdic.Ttion requirement of 8%. without considering the facts and <br />circumstances of this subdivision, is arbitrarv' as a matter of law. In <br />this regard, a review of the ordinances of neighboring municipalides <br />mav be instmetive. For example, we are aw.are of the Minnetrista <br />dO *d I9e98eedi9 ‘on X9d ia3ddn*N0XSNlM*SN0HIS 91':81 NOW LB-H-W