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ATTACHMENT I <br /> ]VV IV] LLINILI4 <br /> ` ' I SON <br /> 80 SOUTH EIGHTH STREET TTI10MA5 L.Ao ORN Y <br /> MINNE LIS, MN 55402-3796 <br /> 612 DIRECT DIAL: 612.632.3207 <br /> MAIN: .fi 32.3000 DIRECT FAX: 612.632.4207 <br /> FAX: 612.632.1441 TIOMAS.JOHNSON@GPMLAW.COM <br /> July 6, 2011 <br /> Mayor David Jacobsen <br /> City of New Brighton <br /> 803 Old Highway 8 NW <br /> New Brighton, Minnesota 55112 <br /> Re: Proposed Residential Center at 1820 Old Highway 8 NW <br /> Dear Mayor: <br /> My client, Volunteers of America-Minnesota (VOA-MN), was recently notified that City staff <br /> "has concluded that the proposed [VOA-MN] use [for 1820 Old Highway 8 NW] is not <br /> consistent with the MX, Mixed Use zoning district or the City's Comprehensive Plan." This <br /> notification was received via a letter dated June 16, 2011 from Janice Gundlach to Mr. Jim <br /> Bettendorf, Director of Housing Development and Management for VOA-MN. A copy of the <br /> letter is attached for your convenience. <br /> VOA-MN hereby appeals the staff determination to the City Council. It is VOA-MN's position <br /> that the proposed use is, in fact, similar to the other institutions listed in Section 6-540 (2)(E) of <br /> the City Zoning Code. Please process our appeal so that it is on the agenda for the July 26th <br /> meeting of the City Council. Accompanying this letter is a "Special Use Appeal Narrative" <br /> discussing the similarity and compatibility between VOA-MN's proposed use and the institutions <br /> identified in the Zoning Code as permitted uses. <br /> Additionally (and alternatively), VOA-MN requests the City Council to approve its proposed use <br /> for 1820 Old Highway 8 NW as a permitted use in the MX, Mixed Use District. Our request is <br /> made pursuant to Section 6-520 (Permitted Uses) of the City Zoning Code. Please place our <br /> request on the agenda for the July 26th meeting of the City Council. Section 6-520 requires the <br /> City Council to "consider other uses not listed in this Section. Such other uses may be granted if, <br /> in the opinion of the City Council, the use is compatible with other uses in the district." Given <br /> the clear language of Section 6-520, VOA-MN believes that the only test for determining <br /> whether the proposed use is a permitted use is whether it is "compatible" with the existing uses <br /> in the Mixed Use District. While the enclosed Land Use Application includes a completed <br /> Special Use Criteria Worksheet, as requested by staff, it is VOA-MN's position that the <br /> completion of this Worksheet is not necessary under Section 6-520 since the only requirement <br /> for a permitted use under that section is that it be compatible with the other uses in the Mixed <br /> Use District. Further discussion of this issue should occur between City staff and VOA-MN. <br /> GRAY, PLANT, MOO TY, MOOTY & BENNEFT, P A <br /> A I-lll I.-SERVICE LAW FIRM <br /> MINNEAPOLIS, MN • ST. CLOUD, MN • WASHINGTON, I)C <br /> WWW.GPMLAW COM <br />