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Home My WebLink About2009-02-27 Citation Request to OPH PD 401 Zoning Ordinance Compliance Failure— February 27,2009 Citation Request 1. Full address of location Fred's Tire Telephone: (651)439-0403 14520 60th St. 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: Steve Title (If applicable): Manager Middle: Unknown Last: Behrens 3. Specific details of the violation including the specific 401 code#,since our officers are not familiar with those codes. Applicable City Ordinances: 401.30.E.6.:Conditional Uses to B-2 General Business District which discusses open and outdoor services as a principle or accessory use to the business. 1116.02.B as it related to operable vehicle parking of any kind within any privately owned parking lot or area,except for that as having shown good cause perm this ordinance,for a continuous period of greater than 24 hours. 1301.01 and 1301.5 as they relate to serviced, non-operable, partially dismantled or junked and/or being used for parts remaining on site for greater than 72 hours unless placed within an enclosed building.. 4. Copies of any letters or emails sent to the suspect directing them specifically what needed to be corrected. • Full copies of correspondence mailed to Mr. Behrens on January 26,2009 and February 13,2009 are attached. Conversations as to outdoor parking,vehicle sales,special event signage and similar have been ongoing for several years. 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. > Attached. If you need them to a CD,advise and one will be prepared. / I 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. • Included within February 13,2009 letter as noted in section 4 above. Note: Compliance was to be met first on February 10, 2009 and then on February 23, y.,-- 2009. At Mr. Behrens call,we arranged a meeting with staff and consultants for 10:30 a.m.,Wednesday, February 25, 2009 to discuss the site and what could be done to get things in order as well as address some signage issues he wanted to attend to. No one showed up for the meeting. No call was received to cancel or rescheduled. **** If vehicle is still parked at corner of lot on Monday, please cite without any further extension of time. Vehicles and outside storage are not a new conversation. I al 1 ' c) DI _ 0c1 1 1 1 1 n e', 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 January 26, 2009 Mr. Steve Behrens, Manager Fred's Tire, Inc. • 14520 60th St., N. Oak Park Heights, MN 55082 Re: Outside Storage &Vehicle Parking Dear Mr. Behrens: As I noted in my June 3, 2008 letter to you, no outside storage is permitted at Fred's Tire without first having received an approved conditional use permit for outside storage as per City Ordinance 401.30.E.5. Presently, the City has on file a Conditional Use Permit for the placement of a 24' x 20' garage to the northeast corner of the property for tire storage. Additionally, vehicle parking at the site is to be for employee and customer parking only. At no time shall any (operable) vehicle be parked for a continuous period of time longer than 24 hours in any privately owned parking lot or area, except that for good cause shown as per City Ordinance 1116.02.B. All vehicles or similar equipment situated within the exterior parking areas, legally required to be licensed, must display current licensure tabs. Per City Ordinances 1301.01 and 1301.5 vehicles being serviced or considered non-operable, partially dismantled or junked and/or being used for parts may not remain on the site for more than 72 hours unless they are within an enclosed building. As of today, Fred's tire is in violation of one or more of the above-referenced ordinances and is requested to: 1. Remove the vehicle parked at the northwest corner of the business site, and any other outside stored vehicles or equipment; and .X . 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 January 26, 2009 Fred's Tire, Inc. Page 2of2 2. Remove any other outside storage items and/or containers not currently permitted by conditional use Permit, or apply for an amended conditional use permit for the same. This applies to tire storage areas, parts storage areas, sheds and similar. A development application has bee enclosed for your use. Compliance to this request shall be met no later than February 10, 2009. If you have questions regarding this request, please contact me immediately. Sincerely, Ju A9ultm an Planning& Code Enforcement Officer Enclosure pc: Eric Johnson, City Administrator Property File 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 February 13, 2009 Mr. Steve Behrens, Manager Fred's Tire, Inc. 14520 60th St., N. Oak Park Heights, MN 55082 Re: Outside Storage &Vehicle Parking Dear Mr. Behrens: As I noted in my June 3, 2008 and January 26, 2009 letters to you, outside storage is not permitted at Fred's Tire without first having received an approved conditional use permit for outside storage as per City Ordinance 401.30.E.5. Presently, the City has on file a Conditional Use Permit for the placement of a 24' x 20' garage to the northeast corner of the property for tire storage. Additionally, in those communications I noted the City Ordinance requirements related to vehicle parking, including that at no time shall any (operable) vehicle be parked for a continuous period of time longer than 24 hours in any privately owned parking lot or area, except that for good cause shown as per City Ordinance 1116.02.B. All vehicles or similar equipment situated within the exterior parking areas, legally required to be licensed, must display current licensure tabs. Also, Per City Ordinances 1301.01 and 1301.5 vehicles being serviced or considered non- operable, partially dismantled or junked and/or being used for parts may not remain on the site for more than 72 hours unless they are within an enclosed building. You were requested to comply with the following violations prior to February 10, 2009: 1. Remove the vehicle parked at the northwest corner of the business site, and any other outside stored vehicles or equipment; and 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 February 13, 2009 Fred's Tire, Inc. Page 2of2 2. Remove any other outside storage items and/or containers not currently permitted by conditional use Permit, or apply for an amended conditional use permit for the same. This applies to tire storage areas, parts storage areas, sheds and similar. As of today, I have received one phone call from you regarding my request. A conditional use permit application has not been received nor have the items above been removed. Fred's Tire is in continued violation of the above referenced items. I have extended your compliance deadline to Monday, February 23, 2009, after which time, compliance verification shall be made. Please note that City Ordinance violations are considered misdemeanor offenses and are treated accordingly. If compliance is not found after February 23,2009 the matter will be forwarded to the Oak Park Heights Police Department for their review and citation consideration. If you have questions regarding this request, please contact me immediately. Sincerely, Jul' A. Hultman Pla Wing& Code Enforcement Officer Enclosure pc: Eric Johnson, City Administrator Property File r '- 3 „11..t., ' €” : - � ,ar r F,; a+ � J ,5 t ^lit '" y ' , . ` `,c . -7•• _ i •m'-�. rF, .s p. I ,?" . 9 41111 ,,::. i . v F �a '. Rte. . r t • I 4.. s <��.. +=e - vim ' C`f , i 'yam .4'i." "•" Y.. ! '� '• -� -.gam ' �' , 9� r � , i-.rte._ ._.a.►. s-E._a��.-. - �_ x.. 1 w vim..._ '1 '' ' k- -06 rIfIrffiA'1 .04 . --- -- ' ' ' ' ' :a. ▪B• ZA4`ES - i • • s i t RANCHO . 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