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MEMO TO THE FILE <br /> 6/13/01 <br /> RE: HARM'S ADDITION DEED RESTRICTIONS <br /> City Attorney Tom Fitzpatrick had been given a copy of the deed restrictions for <br /> Harm's addition and asked to give us his opinion on the matter. He was told <br /> about Gary Crocker's application for a building permit, and that several years ago <br /> Gene Malz had also wanted to build a duplex in Block 2 of Harm's Addition and <br /> had been turned down. <br /> Fitzpatrick said that case law supported the City in the issue of first giving <br /> Crocker a building permit and then withdrawing it. He said that there was a case <br /> involving the City of Minneapolis where the owner wanted to tear down a building <br /> and put up a new one. The owner was informed that he would first have to get a <br /> demolition permit, which he did. After the building was demolished, he applied <br /> for the building permit but was denied since the building he wanted to put up was <br /> not permitted in that zoning area. Even though the owner claimed that he had <br /> been led to believe that he would be allowed to build, the City prevailed in court. <br /> As for the deed restrictions, Fitzpatrick said that because they are more <br /> restrictive than the rules for Medium Density Residential, they will stand until the <br /> Zoning Commission and/or City Council decides to change them. <br /> Fitzpatrick felt that a petition signed by all property owners on Block 2 of Harm's <br /> would be proper motivation to have the Commission take action to change the <br /> deed restrictions. <br />