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S- ANn' DEFLI H ATTORNEYS AT LAW 30849 FiRsT STREET PAUL J.$ANDELIN PO.Box 298 TELEPHONE(218)568-8481 KIRK D.ADAMs PEQuoT LAKES,MINNESOTA 56472 FAx(218)568-8444 www.L-dwsareakw.com January 9, 2006 City of Pequot Lakes 4638 County Road 11 Pequot Lakes, MN 56472 Re: Anderson Brothers Conditional Use Permit Our File No. 25000.037 Dear Mayor and Council Members: I am writing this letter to you regarding the Anderson Brothers Conditional Use Permit Appeal, which is scheduled for hearing before the City Council on Wednesday January 11, 2006 at 6:00 p.m. The appeal is from the denial of the Conditional Use Permit application by the Planning Commission. The Planning Commission hearing was November 17, 2005 and the minutes of that meeting set forth the basis for the decision. The Staff Report from Community Growth outlines in detail the Conditional Use Permit Application information as well as the applicable sections of the Pequot Lakes Land Use Ordinance and Comprehensive Plan so I will not repeat that information. The purpose of my letter is to outline the legal issues and process that should be followed on this appeal. The City's Land Use Ordinance provides the City Council with the authority to hear appeals from decisions of the Planning Commission regarding conditional use permits. Section 11.6 of the Land Use Ordinance describes the requirements for conditional use permit applications and the standards to be applied by the City when reviewing those applications. The process to be followed by the City Council in an appeal of a decision of the Planning Commission is for the City Council to review the record presented to the Planning Commission, accept any additional information on the application by the applicant, interested parties, and staff, apply the standards set forth in the land use ordinance and make a decision. In this respect the City Council follows the same process as the Planning Commission with the additional benefit of the record of the Planning Commission decision. The legal issues to be addressed by the City Council on this appeal are summarized as follows: • The City has broad discretionary power to grant or deny an application for a conditional use permit for an extractive use. That discretionary power is not without limitation however.