HomeMy WebLinkAbout2010-11-03 OPH Ltr to Plant Mgr. Re Max Todo Marine Services • •
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City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439 -0574
November 3, 2010
Mr. Tom Smith
Plant Manager - Xcel Energy
1103 King Plant Road
Allen S. King Plant
Bayport, MN 55003
RE: Max Todo Marine Services
Dear Mr. Smith:
It has come to the City's attention that a company entitled Max Todo Marine
Services has begun using Xcel Energy property a staging /mooring site for its
operations. See enclosed map and photographs.
This use is not permitted in the Industrial Zoning District, see enclosed City
Ordinance 401.32.
Notwithstanding the above violation, at this time the City is consulting with
MNDNR as this activity may also be in violation of one or all of the following City
Ordinances that fall within the City's River Impact District 401.34 including but
not limited to the following:
401.34.C. Development Regulations. All development within the River Impact District
shall be jointly regulated according to the following State regulations, adopted herein by
reference, and all other applicable regulations provided for in this Ordinance.
1. Standards and Criteria for the Lower St. Croix National Scenic Riverwav in
Minnesota (Minn. Reg. NR 2200 -2202, or as amended).
2. Statewide Standards and Criteria for Management of Floodolain Areas of Minnesota
(Minnesota Statutes Chapter 103 F and 462, or as amended).
3. Statewide Standards for Management of Shoreland Areas (Minnesota Statutes,
Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, or as amended).
4. Wetland Conservation Act 1991 (Minnesota Laws 1991, Chapter 354, or as
amended).
At this time the City, with this letter, is informing Xcel Energy as the land owner
that this use must cease and all such equipment belonging to Max Todo Marine
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Services shall be removed from the City within thirty days of the date of this
letter. Please let me know if you have any questions. Re- inspection of the site will
be held in early December.
Xcel Energy may wish to pursue through the City Council a text amendment to
the City's Industrial Ordinance that may permit these activities in some fashion;
although no outcome is certain. Additionally how this new activity relates to
Xcel's greater use of the area, existing CUP, as well as the River Impact District
Regulation . ould require extensive review for which Xcel Energy would be
responsi • ffor all such costs. Please let me know if that is something you would
like • • , e and we can begin such discussion.
4 hflSOfl
dministrator
Cc: Weekly Notes
Max Todo Marine Services
Molly Shodeen, MNDNR
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401.32. 1, INDUSTRIAL DISTRICT
401.32.A. Purpose. The purpose of the 1, Industrial District is to provide for the
establishment of warehousing and Tight industrial development.
401.32.B. Permitted Uses. The following are permitted uses in an I District:
1. Building material sales and storage.
2. Cartage and express facilities.
3. Electric light or power generating stations, electrical and electronic products
manufacture, electrical service shops.
4. Essential services.
5. Govemmental and public utility buildings and structures.
6. Laboratories.
7. Medical, dental and optical laboratories.
8. Research laboratories.
9. Storage or warehousing.
10. Wholesale business and office establishments.
11. Compounding, processing, packaging, treatment, or assembly of goods and
materials where such use will not involve the risk of offensive odors, glare, smoke,
dust, noise, vibrations, or other pollution extending beyond the lot on which the use
is located. Such uses include, but are not limited to the following: lumber yard,
machine shops, products, assembly, sheet metal shops, plastics, electronics,
general vehicle repair (repair garage), body work and painting, contractor shops and
storage yard, food and non - alcoholic beverages, signs and displays, printing,
publishing, fabricated metal parts, appliances, clothing, textiles.
12. Cellular telephone antennas, including necessary equipment buildings, as regulated
in Section 401.15.P of this Ordinance.
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401.32.C. Interim Uses. The following are interim uses in an I District:
14 1. Temporary office and administrative structures provided that:
a. The provisions of Section 401.05 and Section 401.03.A.7 of this Ordinance
are considered and satisfactorily met.
401.32.D. Accessory Uses. The following are permitted accessory uses in an I
District:
1. All permitted accessory uses as allowed in the B -2 District.
401.32.E. Conditional Uses. The following are conditional uses in an I District:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Section 401.03 of this Ordinance.)
1. Open and outdoor storage as an accessory use provided that:
a. The area is fenced and screened from view of neighboring residential uses or
if abutting a residential district in compliance with Section 401.15.E. of this
Ordinance.
b, Storage is screened from view from the public right -of -way in compliance with
Section 401.15.E. of this Ordinance.
c. Storage area is grassed or surfaced to control dust.
d. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of -way or from neighboring residences and shall
be in compliance with Section 401.15.B.7 of this Ordinance.
e. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
2. Commercial and public radio and television transmitting . antennas, and public utility
microwave antennas, provided that:
a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance
are considered and satisfactorily met.
3. Commercial, private and public satellite dish transmitting or receiving antennas in
excess of two (2) meters in diameter, provided that:
a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance
are considered and satisfactorily met.
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401.34. RIVER IMPACT DISTRICT
401.34.A. Purpose. This Section is established to provide necessary protection to
lands which fall within the designated regional floodplain and Lower St. Croix National
Scenic Riverway area as defined by Minnesota Department of Natural Resources
regulations.
401.34.8. District Boundary and Application. For purposes of this Ordinance, the
River Impact District shall include all lands Tying riverward from the Chicago, Milwaukee, St.
Paul and Pacific Railroad right -of -way. Application of district regulations shall be imposed
as an overlay upon currently applied zoning use districts.
401.34.C. Development Regulations. All development within the River Impact District
shall be jointly regulated according to the following State regulations, adopted herein by
reference, and all other applicable regulations provided for in this Ordinance.
1. Standards and Criteria for the Lower St. Croix National Scenic Riverwav in
Minnesota (Minn. Reg. NR 2200 -2202, or as amended).
2. Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota
(Minnesota Statutes Chapter 103 F and 462, or as amended).
3. Statewide Standards for Management of Shoreland Areas (Minnesota Statutes,
Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, or as amended).
4. Wetland Conservation Act 1991 (Minnesota Laws 1991, Chapter 354, or as
amended).
5. St. Croix River Regional Flood Analysis, March 1973.
401.34.D. Development Permit Procedure. Any applicant seeking any form of
building permit approval within the River Impact District shall first file for a conditional use
permit and gain approval from the City Council, in accordance with Section 401.03.
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