2009-05-20 Ltr to Building Permit Applicants
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Nfichael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe"
COURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
www.courimacarthur.com
Kyle R. Hartnett
Sarah E. Schwarzhoff
'Also licensed in Illinois
"Also licensed in California
May 20, 2009
Dayton Holding, Inc.
P.O. Box 11672
St. Paul, MN 55111
Lamar Advertising
P.O. Box 865
St. Cloud, MN 56302
Mike & Heidi Potter
11650 5ih Street
Albertville, MN 55301
Re: City of Albertville; Dayton Holdings/Lamar Billboard Permits.
Dear Building Permit Applicants:
Our office represents the City of Albertville. This letter is intended to clarify what
the City of Albertville believes to be the priority of building permits for billboard signs
requested on property owned by Dayton Holding, Inc. ("Dayton") and on property owned
by Michael and Heidi Potter ("Potter property"). On May 27, 2008, the City of
Albertville issued building permit B28-13 9 for the removal of an existing billboard and
the erection of a new billboard on property owned by Dayton. The City now understands
that the sign itself is owned by Lamar Advertising ("Lamar"). On October 1, 2008, the
City granted Dayton an extension of permit no. B28-139 until June 30, 2009.
On April 9, 2009, the City issued building permit no. B29-143 to Lamar for the
removal of the billboard on the Dayton property and the erection of a new sign
approximately 500 feet west on the Potter Property. The applicable City ordinance
requires that billboards be spaced a minimum of 1,000 feet apart (see Section 10-7-6.A.2
of the Cit Code). On or about April 21, 2009, the City realized that it had issued two
building permits for billboards that were to be approximately 500 feet apart, in violation
of City ordinance. The City notified Lamar on April 21, 2009 that it had revoked
building permit no. B29-143 as being in violation of City Code. Further, on April 21,
2009, the City issued a letter to Dayton informing Dayton that the extension of permit no.
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May 20, 2009
Page 2 of2
B28-139 until June 30, 2009 was not authorized by the Building Code. Instead, the City
could extend the building permit an additional 180 days beyond its initial 180 day
issuance period (360 days total). On April 21, 2009 the City informed Dayton that its
extended building permit would expire on May 21, 2009 rather than June 30, 2009 as
originally set out in the City's October 1, 2008 letter.
During all relevant times, another billboard has been in existence located
approximately 700 feet southwest of the existing billboard on Dayton's property. This
second billboard has caused the billboard located on the Dayton property to be classified
as a legal, non-conforming billboard under Minn. Stat. 462.057, Subd. Ie. as it was not
at least 1,000 feet from another billboard.
Upon further analysis, the City has concluded that the non-conforming status of
the billboard on the Dayton property prohibits the issuance of any building permit for a
new billboard within 1,000 feet of the billboard's location on the Dayton property until
such time as the property owner's right to replace the billboard as a legal, non-
conforming use under Minn. Stat. 462.357 ceases. The City believes that any building
permit within 1,000 feet of the Dayton property while the owner of the Dayton property
has the right under Minn. Stat. 462.357, Subd. Ie. to reconstruct the billboard would
result in one new billboard being constructed within 1,000 feet of the existing billboard
on the Dayton property in violation of City ordinance. Accordingly, the City will not
issue any billboard building permits for a new billboard within 1,000 feet of the billboard
located on the Dayton property until such time as the Dayton property owner no longer
has a right to replace the billboard located on the Dayton property.
If you have any questions regarding any of the issues contained in this letter,
please direct your inquiries to the City Attorney, Mike Couri, P.O. Box 369, St. Michael,
MN 55376; (763) 497-1930. Thank you.
{'-
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Cc: Peter Coyle, Esq.
Larry Kruse
Jon Sutherland
Adam Nafstad
Al Brixius