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HomeMy WebLinkAbout2009-08-18 Citation Request -/ 8 O 401 Zoning Ordinance Compliance Failure—Citation Request 1. Full address of location Burger King Telephone: 651-430-3859 5907 Neal Ave. N. Oak Park Heights, MN 55082 2. Full name of person you have been dealing with—home owner, business manager etc. We have to issue a citation to a person and not a company or business. Full name needs to be complete: First, Middle, Last and date of birth. Name: First: Anne Title (If applicable): District Manager Middle: Unknown Last: Zabell Office: 612-371-7433 Cell: 612-702-8877 Address: 17 Washington Ave. N.#500 Fax: 612-977-1433 Minneapolis, MN 55401 Email: amz@dolphinfastfood.com 3. Specific details of the violation including the specific 401 code#,since our officers are not familiar with those codes. Applicable City Ordinances: 401.15.G.8:Special Event Signage: Failure to remove signage as permitted as a special event display. > A copy of the special event permit is attached. Planned Unit Development&Conditional Use Permit Approvals:The 3 wall framed signs were not included or approved as part of any City Council approval for the business overall comprehensive sign plan.Wall frames at drive through are to be removed. 4. Copies of any letters or emails sent to the suspect directing them specifically what needed to be corrected. > Attached. 5. Physical evidence—photo's, measurements etc. Digital photographs are the best format for us to use since we do not have to incur printing costs. We are obligated to provide the defendant a set of the photographs also and if they are digital it only takes a minute to burn another set to CD. Please make sure the photographs are date stamped, and burn them to a CD. > Photo printed and attached. If a CD is needed, please advise. be/C 6. Copy of a final letter to the suspect indicating that failure to comply by set date will result in the complaint being forwarded to the Police Dept.for Criminal Prosecution as a misdemeanor. Business managers need to know it will be them personally that will be cited and not just the business. ➢ Attached—See Notes. g g-� q iwyn - - u °� u!ago trb cf 4,vifin..0 on LifL._ -1-1\11_ tha,ut, 41\zugh eaL pukry-yu_tacra_) +gym u aL3 cur c( Au-ioJA) 4A_Li(.A psiAlma. w� AUC c� 4 Quokad., -L-Linlyi a_ pv3,L),L, L JuuL,u0k) 3\iL Jaceaduci Cuthwed bcth„Li,i,3,:oT .a6 cn ho-d fr) JAact Avnicwc LL_ .fi n "� 3 co ALI U'1 1 oma- nc CLnc�cc C ut-n-n\ a---41-cr° Qum • Notes ••••• Site: Burger King @ 5907 Neal Ave. N. (06-23-09) Letter mailed regarding special event requirement permit and window signage ordinance regulation. Requested sign removal or permit no later than end of the day Monday,June 29th. Letter addressed to the manager at the store and copied to Premier Bank as the County website noted them as the property owner. (06-29-09) Received call from Premier Bank that the received letter,but do not own the Burger King. Rechecked addresses in business contact director and found that BK is 5907 not 5970. Generated new letter and mailed to BK Mgr. and Dolphin RE Mgmt. with a new deadline of July 14th. (07-13-09) Anne Zabel,District Manager for Dolphin Fast Food (Burger King) stopped by. We discussed my letter and city ordinance requirements. She stated that they needed to have those signs and that corporate requires them. She also noted that she is not aware of any other Burger King that does not have the softscape (frames) signs. I advised her that Burger King had sign approvals granted to the site for their business needs and suggested that if they need something different that what they have or what I can allow by special event permit that she may want to speak with her manager or owner to see if they want to review their comprehensive sign plan and discuss it with the City. She indicated that she was going to do this. I issued her a special event permit for two ice signs at ground level and the 3-framed poster ads (softscape signs) for a period of 20 days. I made it clear that during this time, I expected her to make contact with her people and see what they want to do for signage and to be in touch with me. She said she would pull the other signs. We shared conversation about roadway signs from the hwy dept. I agreed to see if I could find a contact start for her at MnDot and also said I would pull approvals for the site and shoot them to her as well so that she would have a better idea of what she is working with at the site in OPH. (07-15-09) A site check confirmed that two ground signs (ice)were in place and the 3 wall signs at the drive through area. (07-16-09) Discussed frame signs with City Admin. If affixed to the wall they are not thought to be temporary.They must be removed at the time the special event permit is issued. File Review done for signage approvals. No approval was made for framed signs at the concept plant for construction or any subsequent public hearing for change to the site. I found that signage initially placed appears to have increased over initial approval to request for increase of what was actually placed. :' Notes ••••• From: Julie Hultman Sent: Thursday, July 16, 2009 8:32 AM To: 'amz@dolphinfastfood.com' Subject: OPH Burger King - 5907 Neal Ave. N. Hi Anne, Thanks for stopping by and taking care of the special event signage at the OPH Burger King location. Your removal of some of those signs actually makes the ones left more noticeable. With regard to our conversation about hwy/road signs, I have been led to believe that you will need to contact MNDot's metro division. Tom O'Keefe is the Director of Program Delivery and his number is 651-234-7725. Alternately, the general number to the division is 651-234-7500 and their address is MnDot/Metro District, Waters Edge Building, 1500 W. Co. Rd. B-2, Roseville, MN I have attached a copy of your special even permit for the sign placement, which is good through the end of the day August 2, 2009. During this time, it is my understanding that you are going to speak with folks on your end about the overall comprehensive sign plan for the site and then connect with me should you opt to pursue a change to signage allowance as currently approved by City Council for the site. I look forward to working with you and welcome your email and call (and visit) anytime. From: Anne M. Zabel)jmailto:amz@dolphinstaffing.coml Sent: Thursday, July 16, 2009 8:53 AM Subject: Read: OPH Burger King - 5907 Neal Ave. N. Your message To: amz©dolohinstaffinq.com Subject: was read on 7/16/2009 8:53 AM. (08-03-09)Compliance Check. All signs are still in place and one has been added at drive through. Photo taken of new addition. (08-07-09) Compliance Check: 4 ground signs removed.Wall framed signs at drive through have not been removed. Email sent to Anne Zabell,District Manager advising her toe ensure removal of all special event signage,including wall framed signs(soft-scape)and frames prior to the end of the day Friday August 14,2009. She was noticed that failure to remove them by this date would result in a request being forwarded to the police department for citation to her for city ordinance violation. Notes ••••• From: Julie Hultman Sent: Friday, August 07, 2009 4:33 PM To: 'amz@dolphinfastfood.com' Subject: 5907 Neal Ave. N., Oak Park Heights Burger King Location - Special Event Sigange Importance: High Hi Anne, A compliance check was made on August 3, 2009 to verify that the signage (3 ground signs and 3 soft-scape (wall frame) signs)were removed as per your special event permit. At the time of this visit the signs had not yet been removed. In fact a 4'h ground placement sign at the drive through had been added. I checked the site again today, August 7, 2009 and observed that the 4 ground post signs have been removed-thank you. The 3 framed signs at the drive through area (softscape signage) have not been removed. Please be reminded that ALL signs are to be removed and the frames for the softscape signage at the drive through shall also be removed as they are not approved as part of the developments overall signage approvals, which I have provided you. With this communication you are hereby requested to ensure that ALL special event signage, including the 3 wall framed signs &frames, at the drive through area you refer to as softscape signage are removed prior to the end of the day Friday,August 13, 2009. A compliance check will be after then 13t of August. If compliance is not found at that time, a request will be forwarded to the police department for their consideration of personal citation to you for violation of City Ordinance 401.15.G.8. I will be out of the office most of next week and will be in on Tuesday and Wednesday should you have any questions. I appreciate your anticipated prompt attention and compliance and invite you again to review your sites overall signage needs and to pursue the necessary approvals. Original Message From: Administrator Sent: Friday, August 07, 2009 4:33 PM To: Julie Hultman Subject: Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. amz@dolphinfastfood.com From: Julie Hultman Sent: Friday, August 07, 2009 4:38 PM To: 'amz@dolphinfastfood.com' Subject: FW: 5907 Neal Ave. N., Oak Park Heights Burger King Location - Special Event Sigange - Corrected Compliance Date Importance: High Ann, the correct compliance request date is prior to Friday,August 14, 2009. ph } Notes ..... Original Message From: Administrator Sent: Friday, August 07, 2009 4:38 PM To: Julie Hultman Subject: Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. amz@dolphinfastfood.com From: Anne M. Zabel) jmailto:amz@dolphinstaffing.coml Sent: Friday, August 07, 2009 5:43 PM To: Julie Hultman Subject: Read: FW: 5907 Neal Ave. N., Oak Park Heights Burger Location - Special Event Signage - Corrected Compliance Date Importance: High Your message To: amz@dolphinstaffing.com Subject: was read on 8/7/2009 5:43 PM. From: Anne M. Zabel) fmailto:amz@dolphinstaffing.coml Sent: Friday, August 07, 2009 5:43 PM To: Julie Hultman Subject: Read: 5907 Neal Ave. N., Oak Park Heights Burger Location - Special Event Signage Importance: High Your message To: amz@dolphinstaffinq.com Subject: was read on 8/7/2009 5:43 PM. (08-11-09) Compliance check made approx.7:30 a.m. Wall framed signs remain in place. (08-17-09) CC made at 1:57 p.m. Wall framed signs have not yet been removed. I have had no response from Ann regarding their removal or an alteration to the overall comprehensive sign plan for the store. (08-18-09) Prepared Citation request and route to Chief DeRosier for mail citation of Ann Zabel. City of Oak Park Heights 14168.Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman@cityofoakparkheights.com Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 June 30, 2009 Attn: Manager Burger King • 5907 Neal Ave. N. Oak Park Heights, MN 55082 Re: Temporary/Special Event Advertisement—Special Event Permit Requirement 5907 Neal Ave. N., Oak Park Heights MN 55082 Dear Manager: Please be advised that City Ordinance 401.15.G.8 regulates temporary, special event signage, with its City boundaries. A copy of this ordinance and a special event permit application is enclosed. Your business has yard signs, free standing framed signs and wall mounted framed signs of advertisement in place. By City Ordinance, these items are considered special event advertisement and are in violation of City Ordinance 401.15.G.8 Special Events in that a permit has not been obtained for their display. At no such time, without a permit issued by the City, should any exterior advertisement (ie. wall frames, ground posted signs, free standing frame signs, and such) be placed. I ask that you review the enclosed information and inventory your site for special event advertisement and request that you submit your permit application for display or remove the advertisement prior to the end of the day Tuesday, July 14, 2009. You may drop off the permit application at City Hall or fax it to my attention at 651-439-0574. Please note that there is no charge for this permit; however failure to obtain one is considered a City Ordinance violation, which may be treated as misdemeanor offense. A compliance check will be made after the 14th, if a permit has not been issued. Compliance failure will be noted and the matter forwarded to the Oak Park Heights Police Department for their review and citation consideration. • . y• gn:',d City of Oak Park Heights 14168 Oak Park.Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email:jhultman@cityofoakparkheights.com Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 June 30, 2009 Page 2 City Ordinance 401.15.G.6 regulates permanent and temporary window signage. I have noticed that your business uses window advertising so have enclosed this ordinance information for your review and use as well. Please notice that temporary window signage is limited to 10 percent of the front building facade. Thank you for your anticipated prompt attention to this request. Please contact me with any questions you may have. Sincerely, . iu Jul - A. Hultman Pl: ►ping & Code Enforcement Officer Enclosures pc: Dolphin Real Estate Management LLC Eric Johnson, City Administrator Property File 301 8/t.^i --- arn-ph n Cc) sio,.. QJU.cX- an Qct 4 .A.sLnncu:n Cn��iplL�plce.�, City of Oak Park Heights (\Qii) 14168 Oak Park Blvd. N • Box 2007 •Oak Park Heights, MN 55082 adotocid Q Phone(651)439-4439 • Fax(651)439-0574 ,J . www.cityofoakparkheights.com 11�1' -'- 511..)Wid ,-.(, ,I#14'"-i_LItNi-11) Temporary "Special Event" Sign/Banner �� &Temporary Outdoor Sales Tent �I j l�?rm�� � Permit Application CN(' PLEASE TYPE OR PRINT NO/b l_ 4tjj)Lr Applicant's Name: nc 2CA-keit1 Title: 'N 1-'1`1-C-.1- W C V C(C7.Q-& Business Name: 2! 1hr�'t ,r \L1�C �-. Address: `jq 01 V on \' L -zie� Street q9jek"- City State Zip Phone: Fax: Other: : ' I(irt `0G+O,f k WI t5 OO' . C.0 W► , L,is " Applicant Email Address: `/n Z �' 10.#i`_ ,' Type: Check All Applicable f Banner Sign Balloon Tent Other: I.'' Description of Item(s): Include message content, location,exact dimensions of item(s)and how it/they v_ will be erected(e.g. banner attached to building wall). Please use the back of this application if you need tIcyciLa additional room. For tent placement a site plan must be submitted with this application, showing location, ) number of parking spaces, if any displaced, etc. SQ i-SCLLr.- - 3 CM-vle S st C.f PT Date Item(s)Will Be Erected1 Dated Item(s)Will Be Removed: 44- 'fid b c�eh;U_ - 5 Events Per Calen ar Year r • 10 Consecutive Days Maximum Per Event • 50 Days Maximum Per Calendar Year No Consecutive Event Periods By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The applicant further agrees to place and remove temporary signage as approved and notify the Code E orcement Officer of any change to design, location or placement duration. 7 Dated: 1 ' 1 J ' Li i Applicant's Signa For Office Use OnlyJulie Hultman Date Issued: ') ? /3--0`7 Planning &Code Enforcement Officer Duration: 4.3 d E Direct: (651)351-1661 Accumulated Duration: _2,0 daLp FAX: (651)439-0574 Permit Fee: None Email: jhultman@cityofoalkparkheights.com Permi Granted/97 nied by: lit_ ( ji R r)10 JL) Reason for Denial (if denied): /14"4' ' "Q�aVit{q. _ ' }. ;" - Fes' 1 � .:? .., ,� r "'T # ! .'. e .,,,NY.,tit^. wy.�. <'- .. te I $.i