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LP-325
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Site Plan File - Approved PLZ 01900
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LP-325
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Last modified
1/17/2007 11:59:56 PM
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1/16/2007 12:47:00 PM
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<br />15. SuperAmerica has never approved the City's extension of the deadline for eitber <br /> <br /> <br />granJor denying its pending applications beyond the 60 day period set forth in Mr. Mattila's <br /> <br />I <br /> <br />May 8, t 997 letter or beyond any time period allowed by statute. <br />! <br />i <br />16. As of July 1. 1998, the City had yet to act on SupetAmerlca's proposed Project or <br />I <br />I <br />its pen~g applications. On July t 1998, SuperAmerica filed its construction plans and a <br /> <br />I <br />I <br />building! pennit application with the City. In response to the filing for a building permit.. the City <br />I <br />advised SuperAmerica that no building permit will issue wttil the Project has received site plan <br /> <br />approval from the City. <br /> <br />17. <br /> <br />On July 10. 1998, SupetAlnerica's attomey wrote a letter to the City advising that <br />... <br /> <br />the Cityr s failure to act on SuperAtt1erica' s applications submitted on. March 28. 1991, precludes <br /> <br />1 --- <br /> <br />it from Jow denying those applications. pursuant to Mitmesota Statues section lS.99. A true and <br /> <br />1 <br /> <br />'I' <br /> <br />-...._- <br /> <br />correct 10PY of Timothy 1. Keene' s July 10, 1998 letter is attached and incorporated into this <br />V erifi~ Complaint as Exhibit I- <br />I <br /> <br />, <br /> <br />t8- <br />I <br />I <br />I <br />I <br />I <br /> <br />The applicable statute. Minn. Stat. ~ 15.99, states in pertinent part as follows: <br /> <br />Time DeadliDe tor Agency Action. <br /> <br />Subel. 2. DeadUDe for response. Except as othetWise provided in <br />this section and n.otwithstanding any other law to the contrary. an <br />agency must approve or deny within 60 days a written request <br />relating to zoning. septic systems. ot expansion of the metropolitan <br />urban service area for a permit, license. or other govemmetrtal <br />approval of an action.. Failure of an agency to der1y a request <br />withi1160 days is approval of the request. tf an agency denies the <br />requ~ it must state in writing the reasons for the denial at the <br />time that it denies the request. <br /> <br />Subd.3. Application; exteDSiODS. (a) The time limit in <br />subdivision 2 begins upon the agency's receipt of a written request <br />containing all itlformation required by law or by a previously <br />adopted rute, ordinance. or policy of the agency. If an agency <br />receives a writtett request that does ttot contain al1 required <br /> <br />5. <br /> <br />v92-~ 60/90'd €€O-! <br /> <br />Ol€6l€€2l9 <br /> <br />N3^V~~ , ^a3NN3~-WOJ~ welv:60 86-90-lnV <br />
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