INFORMATION #2 01-10-2000ity of
Information Only
MEMORANDUM
TO:
FROM:
Mayor & City Council
Michele McPherso~rector of Planning
DATE:
December 21, 1999
SUBJECT:
Main Street House, Tim Smith
Request
Mr. Smith was given, through the CUP process, three years to remove his house on
Main Street. This house shares a lot with the offiCe complex he developed. Several
years have passed since the date Mr. Smith was required to remove the house.
Progress to Date
We have had a number of phone conversations with Mr. Smith regarding the condition
to remove the home. In the last week, staff has trade voicemails, but has not spoken
with Mr. Smith directly. The last written communication informed Mr. Smith that he was
to remove the house by January 1, 2000. This should have given him adequate time to
terminate any leases he may have had with the tenants.
Future Steps
If the house remains after January 1, 2000, staff will begin the citation process to have
Mr. Smith comply with the condition of the CUP.
CC:
Tom Zerwas, Chief of Police
Peter Beck, City Attorney
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
'ity of
vet
October 15, 1999
T.S. Construction
Tim Smith
403 Main Street
Elk River MN 55330
Dear Tim:
On August 2, 1999, you were sent a letter informing you that you are not in
compliance with the conditional use permit granted on June 20, 1994 for an
office building at 403 Main Street. One of the conditions of the permit was that
the existing house was to be removed within 3 years from the date of City
Council approval. To date the house has not been removed.
Since the August 2na letter you and I have had two phone conversations
regarding this matter, once on September 9th and again on September 28th. We
discussed the non-compliance with the conditions of your conditional use permit
and the need to remove the house from the property in a timely manner.
It is now October 15, 1999 and this issue has not been resolved. You have stated
that one of the reasons you have not removed the house is that you have a tenant
hving there. In order to provide you with enough time to t~erminate the lease, the
deadhne for removing the house has been extended to Jandary 1, 2000. If the
demolition process has not been started by this time, this matter will be referred
to the City Attorney. Any further correspondence should be directed to Peter
Beck, City Attorney at Gray, Plant Mooty & Bennett, 3400 City Center, 33 South
Sixth Street, Minneapohs, MN. 55402.
Sincerely,
Scott I--Iarlicker
Senior Planner
cc: Peter Beck
Pat Klaers
Larry Farber
S:\PLANNING\SCOTT\TIMSLET.DOC
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425