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-- ~ ' LAIS. BANNIGAN & CIRESI, P. A. ATTORNEYS AT LAW 4011 MIDWEST FEDERAL BUILDING 15TH ANt> caCA" SAINT PAUL. MINNESOTA !5~IOI DONALD L, LAIS .JOHN F, BANNIGAN. .JR .JEROME D. CIRESI PATRICK .J, KELLY AREA CODE. 612 224,378, January 30, 1980 City of New Brighton 803 - 5th Avenue N.W. New Brighton, Minnesota 55112 Attention: Mr. Dennis Zylla City Manager Re: Welsch Building Permit Dear Mr. Zylla: It is my understanding that Mr. Welsch has now applied for a building permit to construct his restaurant. The history of this, as I have it, is that he applied for a building permit which was initially denied and then granted and that also he was applying for an on-sale liquor license which was denied and subsequently ordered given to him by the District Court of Ramsey County, which order was affirmed by the State Supreme Court. As far as the building permit is concerned, the permit was not drawn and, in the meantime, the property across the street was rezoned which, by operation of the City's zoning laws, required that the restaurant building be relocated on the site and, in addition to that, an ordinance was passed which provided that any building permit not drawn within 180 days after being granted would expire. At the present time, it is my opinion that the City of New Brighton is entitled to the setback and relocation of the buil- ding to bring it into conformance with the zoning ordinances of the City. As to the permit, it has expired and Mr. Welsch does have to petition for a new permit; however, the City would have to grant the permit assuming he conforms with the zoning require- ments and that there are no other substantial changes which would adversely affect a determination to build a restaurant on the subject site. Because this office has been in close touch with the site and the progress of the matter, we are not aware of any change in the conditions which would justify d~nial of the permit at this time.