01-14-1985 Council Packet - Laserfiche WebLink

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Jule 1, 1982 MRS. MI11ER WEEM, 220 South fourth St., had a conversation with Mr. Anderson and he told her that he could Trove the kids fran Myrtle Street back to Olive Street and she wanted to make sure that this would not happen - if for sane reason they cannot pay this and this reverts back to Dickie Anderson if he is going to be able to run that as a bed and break- fast inn - also do they hr , any chance of having him back in the neighborhood - MAYOR JlNKER stated that he has no right - this permit would be issued to them(Vegsunds) only - he has never given up his permit on the emergency shelter on Olive Street - There was further discussion about the granting of this permit to the land or to Mr. Anderson and MR. MAGNUSON stated that Mr. Anderson has two permits - one for Myrtle Street and one for Olive Street - he assumed that if the Council did not grant the Vegsunds the permit, he will continue to have his kids on Olive Street. The case in court is only on the number - the number that the City imposed on their permit was more restrictive than the number that the State imposed. The only reason that the City could :.-pose any restrictions at all because there are two hones that are closer than 1200 feet - if there was just one, there is nothing that the City would have to say about it. If the City wins this case in court, the Council has the right to set the number of kids t'.rat he can have at six. He has never seen a Conditional Use Permit revoked - such a .ling mould happen, but the court does not favor that sort of thing and there would have to I-e same pretty severe reasons why the breach in one of the conditions could amount to grounds for revocation. The conditions depend upon the good faith of the parties involved and the restrictions that can be imposed are legitimate ones that concern health, safety and the welfare of the camunity - aside fran that there are a number of conditions mutually agreed to - the property owners agreed to because it represents the good faith demonstrated by the neighbors. IHE MAYOR DECLARED A RECESS FROM 9:25 to 9:35 P. M. MR. KASTEII.E asked about the granting of the Special Use permit to the property and not to the people and the conditions that would be placed on this permit - MR. MAGTIUSON stated that this City Council would do everything that they could to enforce the condtion that it rx-)t be transferable and the question of whether the transferability of one of these permits has never been tested in the Supreme Court of the State of Minnesota to hiw knowledge and he could not guarantee the outcome - the conditions inWsed (in many Conditional Use Permits there are many of them) and they are usually abided by and people always don't rui to court to try to enforce their rights or they like to avoid vexations - they like to demonstrate Food faith to the neighbors - any of these things can be brouW;ht up to the top and really there is no answer how they will turn out. LEO LOH11M st. -it this property has never came up for sale and it is possible that there are otb • �.e-ople who would like to buy it and he could not see this underhand stuff through a quirt sale - mis was always a nice hone - there has been two apartments there at one time and questioned why they have to get into these other messes - felt it should be delayed until it can be put up for sale, and they would not object to that one bit - want to keep it a residential area and they want to keep it that way. KAIM OERTELL asked if it was possible that thi.; house could go on the market for a month and if it is not sold is it at all feasible that the Vegsunds would get it and in her discussion with CM]NCIl1%U1AN AVISE that if the Co,mcil voted to give the VegsruA the permit for the house and that Dick could not move the Shelter Hone back to Ulive Street and COUNCIIW-W4 AVISE stated that they just talked about that and if the home at 306 West Olive does not sell and Mr. Anderson decides to sell the building on Myrtle Street and close that facility, he can apply to the State for a license to operate at 306 West Olive Street and the City would have nothing to say about it - because there are not two facilities within 1,200 feet of each other and the City would have no control over it - MR. MAGMS3ON stated that he felt that the confusion has been if he aharximus the hanx, on Myrtle, so he has no license the-e, atxl their he gets the property back at Olive Street the State Statutes require that .n such a case where there is rxt another Pule 8 facility