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Home My WebLink About2001-08-28 CC Meeting Packet Enclosure - Ord. ViolationsMeeting Date: Agenda Item Title: Estimated Time Required: Agenda Placement: Originating Department/Requestor: Requester's Signature: Administrative Recommendation: Approve Denial Oak Park Heights Request for Council Action August 28, 2001 Routson Motors Ordinance Violations 5 Minutes New Business Community Development/Police Department Action Re + nested. Receive I nformation /Provide Direction to Staff. Please be advised that while a development application for a Conditional Use Permit to improve the parking situation is expected to be received by the City on 8/24101, the parking situation at Routson Motors remains in violation of several areas of the City's Code of Ordinances. Please refer to the enclosed letters to Routson Motors and contact me with any questions you may have. No Recommendation S:ISHARED1Forms\COUNCIL ACTION REQUEST.doc CITY OAK PARK HEIGHTS August 24, 2001 Dear Mr. Hecker: 14168 Oak Park Boulevard No. 9 P.O. Box 2007 ° Oak Park Heights, MN 53082 -2007 ® Phone: 651/439-4439 9 Fax: 651/439 -0574 Mr. Dennis Hecker 500 Ford Road St. Louis Park, MN 55426 Re: Routson Motors, 14447 60 Street North 1 am writing to notify you that the Routson Motors property located at 14447 60 Street North is in violation of several of the City of Oak Park Heights Y g code of Ordinances. While 1 understand an application for a conditional use permit for this property to bring the overflow parking situation in compliance is pending, until such time permits are granted and the project is completed, the City's Ordinances apply to the current state of the site and must be brought into compliance immediately. As outlined in the enclosed ordinances, the parking of vehicles on privately owned parking lots "shall conform to the marking of stalls or positions for parking which are designated on the surface of the parking area ", and "all areas intended to be utilized for parking space and driveways shall be hard surfaced with materials suitable to control dust and drainage ". In addition "all open, off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot ". Within the B -2 Zoning District, "sales and storage area (must be) blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing ". These violations are subject to penalties that include the issuance of citations by the Police Department and as indicated in Ordinance 1116.04, "any person violating this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00) or by imprisonment not to exceed ninety (90) days, or both ". Tree City U.S.A. These issues will be discussed by the City Council at their meeting of August 28, 2001. You and or your representatives are encouraged to attend the meeting which begins at 7:00 PM. Thank you in advance for your prompt response in bringing your property into compliance. Please do not hesitate to call me with any questions you may have at (651) 439 -4439. Sincerely, Kimberly Kamper Zoning Administrator Cc: Mayor and City Council City Attorney Community Development Director Police Chief August 7, 2001 CITY OAK PARK HEIGHTS . .... ... ..... any..... ""J'J : -�''.• 14168 Oak Park Boulevard No. e P.O, Box 2007 * Oak Park Heights, MN 55082 -2007 ® Phone: 65 1/439 -4439 s Fax: 651/439 -0574 Mr. Dennis Hecker 500 Ford Road st. Louis Park, MN 55426 Dear Mr. Hecker: Thank you for calling me yesterday regarding the overflow parking situation at Routson Motors in Oak Park Heights. As you are aware, overflow parking related to several of the auto dealerships under your ownership has been a concern for the City this year as it is a violation of the Zoning Ordinance. We appreciate your efforts earlier this year by coming to the City Council meeting of 4/24/01 to provide the City with an overview of your plans to improve several of your properties and to advise the City of the short -term nature of your overflow parking needs. Since that time however, the short - term parking needs earlier described appear to be an ongoing problem. In the last 3 months, 1 have met with your representative, Mr. Brad Coats, to discuss site improvements that would address these concerns permanently, but to date I have not received a full proposal. 1 encourage you and your representatives to make application to the City for these improvements by 8/24/01 so that these issues may be addressed in September 2001. Please do not hesitate to call me at 439 -4439 with any questions you may have. sincerely, Kris Danielson Community Development Director Cc: Mayor and council Tom Melena Kim Kamper Lindy Swanson Tree City U.S.A. 1116 AN ORDINANCE REGULATING THE OPERATION AND PARKING OF MOTOR VEHICLES ON PRIVATELY OWNED PARKING LOTS AND AREAS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1116.01 Maximum Speed. No person shall operate a motor vehicle on any privately owned parking lot or area within the City at a speed greater than is safe and reasonable under the conditions of traffic then existing therein, and in no event shall any such vehicle be operated in excess of a speed of fifteen (15) miles per hour. All operation and driving of motor vehicles on such parking lots shall be done in a careful manner so that no sudden starting or erratic movement of such vehicle is deliberately engaged in by the driver. It shall be unlawful for any person to operate any motor vehicle upon such lot in any manner that would constitute careless driving if done on a public street. No person shall engage in any drag racing or exhibition driving on any such parking lot or area. 1116.02 Parking of Vehicles. A. The parking of vehicles on such lots shall conform to the marking of stalls or positions for parking which are designated on the surface of the parking area and no vehicle shall be parked or allowed to stand in the area of the parking lot which has been so designated or is used as a lane for moving traffic so that such parking will interfere with the moving of traffic therein. B. No vehicle shall be parked for a continuous period of time longer than twenty -four (24) hours in any parking lot or area except that for good cause shown, the Chief of Police for the City of Oak Park Heights may, on application of the property owner and /or business operator adjacent to the parking area, allow parking of specified vehicles for period of time in excess of twenty -four (24) hours. 1116.03 Notice of Collision. In the event that any person who drives a motor vehicle upon such a parking lot or area becomes involved in a collision between the vehicle he is driving and any other vehicle or vehicles, parked upon said lot, such driver shall leave a notice upon each unattended vehicle with which he has collided, giving his name, address, and license number. Failure on the part of any person to comply with this section shall constitute a violation of this Ordinance. 1 1116.04 1116.05 Attest: Violation and Penalty. Any person violating this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00) or by imprisonment not to exceed ninety (90) days, or both. Effective Date. This Ordinance shall be in full force and effect from and after its adoption and publication according to law. City Administrator 2 CITY OF OAK PARK HEIGHTS Mayor 401.09. VIOLATIONS AND PENALTIES 401.09.A. Administration and Enforcement. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of any of the provisions of this Ordinance as amended shall, upon conviction thereof, be fined or penalized not more than_ the maximum levels established by the State of Minnesota for misdemeanors offenses. Each day that a violation is permitted to exist shall constitute a separate offense. 401 07. ADMINISTRATION AND ENFORCEMENT 401.07.A. Administrating Officer. This Ordinance shall be administered by the City's designated representative, who shall be appointed by the city Council and referred to as the Zoning Administrator, 401.07.6. Duties of the Administrative Officer. The Zoning Administrator shall enforce this Ordinance through the proper legal channels and in addition therefore and in furtherance of said authority shall: Examine all building permit applications to determine their compliance with this Ordinance, and approve the same when such compliance is established. Issue certificates of occupancy for any use, structure, or building after determinations of above. 3. Maintain permanent and current records of this Ordinance, including but not limited to, all maps, amendments, conditional uses, variances, PUD permits, non conforming uses, notices of violations and enforcement orders appeals and applications therefor. 4. Institute in the name of the City of Oak Park Heights any appropriate actions or pr Dceedings against a violator as provided by law. 5. Periodically or upon request, inspect buildings, structures and uses of property within the City determine their compliance with this Ordinance. With regard to performance standards, the Zoning Administrator may employ the services of professional experts to determine such compliance. The cost of such services shall be paid by the property owner if a violation of this Ordinance is established; otherwise such costs shall be paid by the City. 6. Notify in writing any person responsible for violating any provision of this Ordinance, indicating the nature of the violation and ordering the action necessary to correct it. 7 Order discontinuance of the illegal use of land, buildings or structures; order the removal of illegal buildings, structures, additions or alterations; order d i scontinuances of illegal construction in progress; and take any other action necessary to insure compliance with or to prevent violation of this Ordinance. 07 -1 b All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way r from neighboring Y 9 9 residences and shall be in compliance with section 401.15.6.7 of this Ordinance. c, sales and storage area is blacktopped or concrete surfaced and ail paved areas are surrounded by concrete curbing. d. The architectural appearance scale Construction '� 1 r � n mafer�dls, and functional plan of the building and site shall not be dissimilar to the existing nearby arty commercial and residential buildings, and shall not cause impairment i p in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's . ty s ability to provide utility, police, fire, administrative or other services to the site. f. AM islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all p g parking /driveway areas adjacent to lot lines and the . ublic ri ht -cf -wa p g Y h. All automobile repair activities shall be conducted within the rind al p p structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas, i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10 :00 PM and 6 :00 AM unless otherwise allowed by formal action of the City Council, Provisions are made to control and reduce noise in accordance with Section 401.15. B.11 of this Ordinance. k. Vehicular access paints shall create a minimum of conflict with through traffic movement, shall comply with Section 401,15,F of this Ordinance and shall be subject to the approval of the City Engineer. 1. A drainage system subject to the approval of the City shall be installed. 30-7 11) Grade. The grade elevation of any parking area or driveways shall not exceed ten (10) percent. 12) Number of Curb Cuts. Each property shall be allowed one (1) curb cut access for each one hundred twenty -five (125) feet of street frontage. Ail property shall be entitled to at least one curb cut. 13) Surfacing. Alt areas intended to be utilized for parking space and driveways shall be hard surfaced with materials suitable to control dust and drainage. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for review and the final drainage plan shall be subject to written approval. 10) Curb Cut Spacing. Driveway access curb openings on a public street except for single, two -- family, uadraminium g manor home, an d townhouse dwellings, shall not be located e l ss than forty (40) feet from one another. 14) Striping. Except for single, two-family g y quadrarniniums, all parking stalls shall be marked with white or e y flow painted lines not less than four (4) inches wide. 15) Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect ct the light away from adjoining property, abutting residential uses, and public rights-of-way, and shall be in compliance with Section 401.15.B.7. of this Ordinance. *16) Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shalt be in conformance with Section 401.15.G of this Ordinance. 17) Curbing and Landscaping. Except for single and two - family dwellings, all open, off - street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than ten (10) feet to any lot line. Grass plantings and landscaping shall be provided in ail areas bordering the parking area. * Amended Ord. No. 97- 401.02, October 14, 1997 15 -35 40 °15. GENERAL PROVISIONS 401.15.A° Non-Conforming g Structures, Uses and Lots. 1. Purpose. It is the ur ose of this p s section to provide for the regulation buildings, structures g n of non conforming g tures and uses and to specify those y e requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes Separate districts, each of which is an appropriate a rea for the location of uses which permitted in that district. It is necessary and co � are r`y nsistent with the establishment of these districts that non-conforming g structures and uses not be erm to continue without restriction. Furthermore, p d it is the intent of this section shall n that all non-conforming all be eventually brought into conformity. 2. Continued Non-Conformity. Any structure y tructure or use lawfully existing upon effective date of this Ordinance g p the shall not be enlarged, but may be continued Hued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended. 3. Repairing. Nothing in this Ordinance . shall prevent the placing of a structure safe condition when said structure is declared in providing the necessary ared unsafe by the Building Inspector provi repairs shall p rY p not constitute more than fifty erce fair n� a rye Y percent t of t value of such structure. Said value shall be determined by the City Assessor. 4. Moving. No non-conforming building, g g, ucture or use shall be moved to another lot or to any other part of the arcel of land upon pon which the same was constructed or was conducted at the time of this Ordinance adoption p n un less such movement shall bring the non-conforming into compliance g p nce with the requirements of this Ordinance. 5. Changing Uses. When any lawful non-conforming onforiTiing use of any structure or and in any district has ben changed to a conforming use, it g shall not thereafter be changed g to any non-conforming use. g � Changing Use to Lessen a Non-Conformity. nnty° A lawful non-conforming use of a structure or parcel of land may g p y be changed to lessen the non-conformity y of use. Once anon- confar non-conforming structure or parcel of land has been changed, i g it shall not thereafter be so altered to increase the non-conformity. y 15 -1