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Home My WebLink About2008-08-01 Otley PD Citation Request Package 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 TO: Brian DeRosier, Police Chief k FROM: Julie Hultman, Planning & Code Enforcement Officer DATE: August 1, 2008 RE: Tony Otley Ordinance Violations — Citation Request el/ As you are aware,there has been ongoing communication with Mr. Otley of 5336 Ojib Way N. regarding a number of items, including the outside storage situation and temporary structures at his residence. Communication with Mr. Otley began with Building Official Butler's July 24, 2006 letter to Mr. Otley regarding the metal storage structure at his rear yard and outside storage items. Since that letter, the City Council has held at least two work sessions on the matter, Building Official Butler has directed at least 6 written communications to Mr. Otley regarding the ordinance violations and directing compliance with deadlines given. Mr. Otley has had phone conversations with both City Administrator Johnson and Building Official Butler. Written communications have been in relation to the temporary structure(s)and outside storage as well as to his addressing issues related to completion inspection requests for a deck project and a gate installation absent of a lock to the pool in their rear yard. I have attached a timeline document for your use in following the history as well as copies of each communication noted within. You will also find photos of the site attached. To date, Mr. Otley has not complied with any of the requests despite considerations extended by both City Administrator Johnson and Building Official Butler, including deadline extensions for compliance. Mr. Otley was to first have the temporary structure(s) removed and the outside storage compliance met within 30 days of July 24, 2006. Through the course of time and attempts to work with Mr. Otley, the most recent deadline for compliance was yesterday, July 31, 2008. As of today(August 1, 2008)no compliance has been met to any requests made of Mr. Otley as noted within the various written communications to him. He has been advised that he stood to be cited for failure to comply by July 31, 2008 for exterior storage items as noted within City Ordinance 401.15.B.14 Exterior Storage, 401.15.D Accessory Buildings, Use and Equipment, and 401.15.C. General Yard, Lot Area and Building Regulations (401.15.C.8—Storage Structure). He was also advised that he stood to be cited for failure to comply by June 16, 2008 for failure to comply with the requests of the June 6, 2008 letter related again to exterior storage items (Ord.401.15.B.14), pool gate lock(Swimming Pool City Ord. 1303), Deck Permit Corrections(State Building Code Adoption City Ord. 301) and Home Occupation Permit(Home Occupation City Ord.401.15.M). Please cite Mr. Otley for failure to comply with Ordinances 401.15.C.8,401.15.D and 401.15B.14, 1303, 301 and 401.15.M. Please let me know if you need additional information and provide a copy of the citation information for city files on this mater. pc: Jim Butler, Building Official Eric Johnson, City Administrator ?i2ja cL, 13) Notes Address: 5336 Ojib Way N. Owner: Tony & Kim Otley Prepared By: Julie Hultman July 7, 2008 Reminder letter to Mr. Otley of July 31, 2008 compliance deadline. June 6, 2008 Letter to Mr. Otley regarding exterior storage, pool fence gate, deck corrections and home occupation license. Swimming Pool Ordinance 1303 permit handout, May 13, 2008 correction notice for deck permit 2006-00158 and Home Occupation Application Handout provided with letter. All of these items were requested to be corrected and attended to prior to June 16, 2008. (As of 8-1-08 non-compliance to all issues addressed remains). June 3, 2008 Building Official Butler provided photos of Otley site to City Administrator, advised him of April 7, 2008 letter to Mr. Otley requesting final inspection of deck. Also that on May 13, 2008 he visited site on his own accord to do final deck inspection, which failed. He mailed Mr. Otley a copy of the correction notice, a deck permit handout and requested corrections with in 30 days. As of June 3, no corrections had been made to the deck. • City Administrator directed communication to Mr. Otley to correct the deficiencies at the site. June 2, 2008 Communication received from City Administrator as to property status beyond that of the accessory structure (temporary tent structure), with request to visit and document site and respond to C.A. as to the condition of the site. May 28, 2008 Communication to Mr. Otley regarding temporary structure deadline of June 1, 2008 as established in communication of September 21, 2007. New deadline date and notice of compliance verification to be not later than August 1, 2008. Copy of September 21, 2007 communication enclosed along with ordinance cited within the communication. Notes May 21, 2008 Neighbor, Jake Eisinger(651-324-6522) stopped in and inquired about Mr. Otley's situation, stating that awhile back he had spoken with Mr. Otley as to the temporary structure and outside storage situation he had and asked him when he was going to take it down. He stated that Mr. Otley indicated that he was not going to remove it. Mr. Eisinger questioned time frames for finishing projects and where pools could be placed, noting Mr. Otley's deck project, which remained uncompleted at the time of his visit (as of 8-1-08 final inspection has not been requested and work permit remains open) and a pool Mr. Otley has in his rear yard. October 3, 2007 Mr. Otley and City Administration Johnson had a conversation wherein Mr. Otley was requested to address a letter to C.A. Johson relative garage, etc. Letter to be received by the end of the week; if received he will be granted an extension to June 30, 2008. September 21, 2007 Communication to Mr. Otley regarding temporary structure, construction equipment and outside storage. This communication noted September 12, 2007 City Council work session regarding the placement regarding temporary metal storage structures and their direction to proceed in enforcement of this City Code. Communication referenced an October 10, 2006 special City Council work session held on accessory structures and backyard storage issues, and July 24, 2006 and June 21, 2006 letters from Building Official Butler and a request for the structure to be removed by deadline of June 1, 2007 A new compliance deadline ,for removal of the metal storage structure at the rear yard as per City Ordinance 401.15.C.8 and to properly store outside material as per City Ordinance 401.15.B.14, of October 1,2007 was extended with this communication. September 7, 2007 Temporary structure memo from Building Official Butler, addressed to City Council with provision of photos (dated June 11, 2007) showing sites in violation of the ordinances pertaining to them. November 26, 2006 Communication to Mr. Otley regarding October 10, 2006 direction to actively enforce accessory structure ordinance beginning June 1, 2007 and noting that he should have his accessory building removed by this time as well as the metal structure upon his property removed. Notes . July 24, 2006 Communication to Mr. Otley regarding metal storage building in rear yard violating City Ordinance and outside storage items. Compliance requested within 30 days of letter date. . . _. . • •-•-:- - . 111 ' ' 7`.t410:. ,.1,..*- -....,:!-•- " ..--'; , .. .. . . = .ii -..,-ii- •r.- t ' ,,.. . . , -.i„../..,....,F--...„ . .. , , *•.4...: ::."''''' .,' 11 11727- . .'‘{iX ,,... 'A.'.. Y . .. **-\ ''' ' ''''•' -:,--.. -fiSrieri, ,-.',,',.. , .. . . .. .. , ,,r. ,„. ,.. ..„....,,...v.: •-:,,......e.;.,...,.....„ - . •Jot, --.,*. fikit■ 5, ..0: '' i - - .•,,,4,. 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' �-. 2 �\'\ v �� ' �� - ..1 f.,,,-4: ' 1- f -,,'T,- ''''', ''..4 'A 'I , — 2, ,- \),,„V\ ' - 3' \ \s'\ ) — \-- K � � R; \� � \111.-Ilk cn 73 1 t moo ti $ III /At ii,/, ...r , t r :_ �� r / in < 1 a Y•'"y J 1 Fr � ' ��` 1 [ T7 t . a c i i r l . 1 t 2008/06/4 i _- S ca+s .4 .tj• K — r . ems..*� . e .,.,t! f $ 5' k h m ,,,' • }d q e� t,•O ,X43`"" -:.O t� - A_ ''.--",if. -!:\ , . , a 1 to • . i • .."4"t1/4„ — _ qtr. ` -e.rap 4 # up "' - ' 'Dill >' ' G ,t CD CD a CO c:Z, w . . . �'Ty h OAK PARK H EIGHTS •F '...14168 Oak Park Bc�uleV d.No;.�P:0?:�nx2007.• Oak Pick Heights MIS 55082 2Q07, Phone 650439 443g r Fax X11439 0574 • July'24,'200.6 Mr:ToziY.Otley 5336 Ojibway • O2k Park'Heights, IV1 . 55082.: ,Temporary Storage:S cture, Consiru.ction Equ pment, Outside Storage pear Ir: Otley . ariietal'stora4e:l�iiidtig'tliat::youhave iii,: hislettsr.isao'ixioiti.yo �_. 'pahat:the•tl�.. �.. ::.� .1; . . .. : . your:r,,,-, and is not erinitted.by the City's'.'Zonin Ordht ce. This�shiiatii re'wil .have' to-be:removed front your:prope'rty..�'In addition,.outside storaj a isnai t:pe �d'apil the. •following items must;be removed•from yaur.rear and.sid iards and stored within your garage: : From.the.-rear:yar . d: 1: The pla to pool: ner:. ,. 2) • 'The lumber against:the fence.. • ontents,:tuider the metal structur C e: • • • :a`. 'the"black storage ) Wheel barrow wheel carts(2:df therm.) • 4) Three'gas cans • ' 5) 7 hree.ladtlors 6 Scaffold brackets::. - • „ . I�fator cycle 8) :Bicycles= ther:.riscellaneous:items: - • i:Items on•#?e.�ort�?sde o f y o>ir_ n e. t: e:wheeibazroa?v,. ela:is.. aC• Lawn�mo�r arid' as:a ;•- • ,• an .;T-er t -� h p P dd e' a rs S Th l P iin 'rackots crossbars :an larks =:. . 7); 1�ive sets of ssaffolding=b - • The la stic •s ed: 8: T JG atel b= ails' 9 ive: al tort! Y. he=f A _ of.t � Pp., • Tree City 'J.S:A, Apt the north flower;gardcn in the:front yard - han on the planter box: - 1�). _ The dram 2) The'wood platform 3) The black-plastic container that is approximately 2 feet x`2 feet, . 1 • This mustbe.:completed wtn 3U days of the:date of this letter Pleasenote that a violation of the City Ordinance is a t`usdemeanor offense,and i€campl ante is not met to ' these directitins"the.'Cityof Oak Park Heights'may pursue,further legal actin . f you have'any questions:regarding econtents,of this letter,please do not_hesitate to - contact trier Siricerely,. tin:Butler.. Building O icial CC. Eric Johnson, city Adnumstrator - 'Mark Vierling, City Attorney Scott Richards, City Planner �mdy Swanson, Police Chief Julie Hultman, Planning and Code Enforcement Officer • 1 CITY i F • ' F � 4 of OAK PARK HEIGHTS „kg,- 14168 Oak Park Boulevard No • PA,Box 2007 • Oak Park Ileighis,MN 55082-2007 • Phone:651/439.4439 • Fax:651/439-0574 November 21, 2006 Mr. Tony Otley, 5336 Ojibway Oak Park Heights, MN 550082 Re: Temporary Storage Structure Dear Mr. Otley, As noted at the City of Oak Park Heights Council Meeting on October 10th staff has been directed to enforce the accessory ordinance beginning June 1, 2007. By this date you should have your property in compliance to this ordinance. As noted at the workshop on this same evening you were informed that the existing metal structure must be removed from the property. Upon the removal of this structure you would be permitted to construct a detached accessory building in the rear yard. As you are aware this must be of the same material and general design of the principle structure. I am enclosing a copy of this ordinance for your review and should you have any questions please contact me at 651-275-9590 or just stop by City Hall. Reapectfully,. _ m Butler / Building Official / CC: Eric Johnson, City Administrator Tree City U.S.A. 414, , CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/4394439 • Fax:651/439-0574 $ r21,2007 Mr.Tony Otley 5336 Ojib Way N. Oak Park Heights, MN 55082 Re: Temporary Storage Structure, Construction Equipment&Outside Storage Dear Mr.Otley, On September 12,2007,the City Council held a work session,wherein they discussed City of Oak Park Heights Zoning Ordinance 401.15.C.8 relating to building types and construction,and which prohibits the placement of temporary metal storage structures within the City. The Council has directed staff to proceed in the enforcement of this City Code. I brought the matter of the metal storage structure being in violation of City Ordinance to your attention with my July 24, 2006 letter to you. At your request,the City Council held a special work session on October 10,2006,to discuss Accessory Structures and other"backyard" storage issues. At this time options to construct another accessory building were discussed.You were also informed that firewood was to be neatly stacked and stored in your rear or side yard. On November 21,2006, I addressed a second letter to you,again addressing the temporary metal storage structure in your back-yard as an ordinance violation and requested compliance to all violations by June 1,2007. To date no effort to comply appears to have been made and the structure remains in violation of City Ordinance. This letter is to inform you that City Ordinance violations are considered misdemeanor offences and to afford you one last opportunity to meet compliance. :11trat#40AVInekt be ape by Qctoa , 1 2Q07 to meet City Ordinance compliance: 1. The temporary metal storage structure is to be removed from your rear yard so as to comply with City Ordinance 401.15.C8. Additionally, per City Ordinance section 401.15.6.14 Exterior Storage,all materials and equipment must be stored within a building or fully screened as not to be visible from adjoining properties and any public right-of-way. To this end,you are also requested to properly store the following no later than October 1. 2007: Tree City U.S.A. • -�. ..:•--: ! :':''''';:-1:-.:,..'.... . 'i..l.. -.Tfie items being stored beneath.the meta{.structure (that is to be rethov*d):must also be , .•`, :'' .'.2'';''' ..,':-• : ,:,T-_-..:-, , removed a•nd7.:proparly stored as.noted above This incIi de's'but rs not limited to the ATV', wheelbarrow, ladders, and build t g materials. , ...-. : '.,,,.-:-, .. ,. P ''''".2';-..::',_'-.'"'.._.-•-..:-'..._,-,•.:1..'..-.1:1:':,,_:-.,,,-,.•-'-.T.:..'.'.-..:_,'•,.',-.:---,:,..,:':.:... lease Hate that your ATV.':is considered a'''recreational.:vehicle°and I.,.• ::,- licensed and current with recreational vehicle tax tabs;kt maybe kept on your t_.k,..„ pa'd as ,.,.,.,::„,.-i:::....-..,.:-:."-....;_-.•5.-,,'•:-",:.L-;.,.., no more than the two-recreational vehicles.and/or pieces of equipment permitted:yvithor►t - r quiilrig enclosed storage;Qr screening..: ..:;r.‘.,_.,•,•••,•,•,.„..:.. '": All the`items situated upon..your pad are...0. tb be removed and'pr'operl.y storedas note.,"4-.0P,.o e ;This inckudes'and is not•li,rr ted ta'the sliow plow;drywall scaffold brackets,budding material, and hose reeks Please note that yo a'r snov�p1Qw is':constdered to.be a piece of<equip> e1it anii as such,it .maybe Lepton ybur:parking pad.as no more e than one of the,two recreational vehicles an I/er pieced of eq.ui'pmeftt`perm fted without.i.e.tl.uiring eric}Osed storage orscteening• ,.....2..._:_,-., ::::.....,,.. ,,. „...".,..: _,.,., .....,i.:.e.,:,.. ,,;:,:‘,3 -:The wooden skateboard ramp is tp be removed from your front yard`and properly stoftd as ;iwte l:abase: .-c.;.::-'._:.,::,-, 4:• :`Lastly,ail firewood stored'on residen�tial.,premises shall be 3taredin#fie stde.yatd or rear a d"-:, stacked•neatly. 'An rnspectidn:will be made.on October 2,.g1J47,t4 verify: mpliane Failure to comply with this ;request'will leave the City;with no alternative.bkittcx begih enforcement proceednitgs _.. v Sincerely, r l uter Buildiing 4ff♦ciat ,.= ; . CC EriUohrisan,::City Administrator Mark lfierling,City:ttorhey Lindy Swans nr Chref of Pollee Scott'Richarrd's,City.Planner Julie l3ultrnart,#�taf nirrg&Code Eri'fotcemen#Officer-:; :• t i .3 1 15 ,'R •• September 18, 2 7 Mr.Tony Otley 5336 Ojib Way N. Oak Park Heights, MN 55082 Re: Temporary Storage Structure, Construction Equipment&Outside Storage Dear Mr. Otley, On September 12,20 ,the City Council held a work session,wherein they discussed City of Oak Park Heights Zoning Ordinan 401.15.C.8 relating to building types and construction, and which prohibits the placement of tempor. metal storage structures within the City. The Council has directed staff to proceed in the enforcemen .f this City Code. I brought the matter of the met. storage stricture being in violation of City Ordinance to your attention with my July 24,2006 letter to you. At yo request,the City Council held a special work session on October 10, 2006,to discuss Accesso ructures and other"backyard" storage issues. At this time options to construct another accesso- • ilding were discussed.You were also informed that firewood was to be neatly stacked and store to the -ar or side yards. On November 21, 2006, I addr- sed a second let -r.to you, again addressing the temporary metal storage structure in your ba -yard as an ordinance 'olation and requested compliance to all violations by June 1,2007. On June 29,2007,viola ion compliance had still not been ma,- and I addressed a third letter to you, once again requestin• your compliance to the ordinance violation and requested that you comply, within thirty days of he letters date. To date no effort to comply appears to have been made and the structure remains violation of City Ordinance. This letter is to i,form you that City Ordinance violations are considered misdemeanor offences and to afford you one .st opportunity to meet compliance. The following i(i ust be done by October 1, 2007 to meet City Ordinance compliance: 1. The temporary metal storage structure is to be removed from your rear yard so as to comply with City Ordinance 401.15.C8. J lad t?.,pn pct4 C411 <---------- WI N1/4 -Ottir(\. jun\". - ()tett°411 sil("Ld111413G1 c6 , kk17 615/-32 z" C52 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 May 28, 2008 Mr. Tony Otley 5336 Ojib Way N. Oak Park Height, MN 55082 Re: Temporary Structures and Outside Storage Dear Mr. Otley: Please be reminded that the temporary structure on your property,which is in violation of Oak Park Heights City Ordinances 401.15.0 "General Yard, Lot Area and Building Regulations" and 401.15.D "Accessory Buildings, Uses and Equipment"was to be removed no later than June 1,2008 per my letter to you of September 21, 2007. (I have again attached the earlier letter and excerpt from the City's Ordinance). As I noted in my letter September 21, 2007 letter to you,there are a variety of ways to manage exterior storage needs, including but not limited to,the possibilities of relocating items to existing enclosed storage spaces, installation of a privacy fence, storage shed construction, and/or a garage addition. I have again provided information regarding City Ordinance regulations pertaining to temporary structures and outside storage. Please know that I am available to meet with you to discuss options available to your residential site and what would be needed to successfully pursue one or more of the possibilities noted above. Please contact myself or Julie Hultman to schedule an appointment to discuss exterior storage options to your property, if you desire such an appointment. We are able to meet in the evening if need be. The City will require and verify compliance not later than August 1, 2008. cerely, ) _—... ice— Jim Butl , Building Official pc: Eric Johnson, City Administrator Brian DeRosier, Deputy Police Chief Tree City U.S.A. CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 Mr.Tony Otley 5336 Ojib Way N. Oak Park Heights, MN 55082 Re: Temporary Storage Structure, Construction Equipment&Outside Storage Dear Mr.Otley, On September 12,2007,the City Council held a work session,wherein they discussed City of Oak Park Heights Zoning Ordinance 401.15.C.8 relating to building types and construction,and which prohibits the placement of temporary metal storage structures within the City. The Council has directed staff to proceed in the enforcement of this City Code. I brought the matter of the metal storage structure being in violation of City Ordinance to your attention with my July 24,2006 letter to you. At your request,the City Council held a special work session on October 10,2006,to discuss Accessory Structures and other"backyard"storage issues. At this time options to construct another accessory building were discussed.You were also informed that firewood was to be neatly stacked and stored in your rear or side yard. On November 21,2006, I addressed a second letter to you,again addressing the temporary metal storage structure in your back-yard as an ordinance violation and requested compliance to all violations by June 1,2007. To date no effort to comply appears to have been made and the structure remains in violation of City Ordinance. This letter is to inform you that City Ordinance violations are considered misdemeanor offences and to afford you one last opportunity to meet compliance. Aft Y�` z y xA , �, a ' o meet City Ordinance compliance: 1. The temporary metal storage structure is to be removed from your rear yard so as to comply with City Ordinance 401.15.C8. Additionally,per City Ordinance section 401.15.B.14 Exterior Storage,all materials and equipment must be stored within a building or fully screened as not to be visible from adjoining properties and any public right-of-way. To this end,you are also requested to properly store the following no later than October 1.2007: Tree City U.S.A. r-. • 1 The iter is being�sti red•beneeth the rnefal•structure Gtha•:is to:be removed) rn;ust 61. 0.,,,11.e.,;-..? r rel owed and"pn:perly stored as noted,above Th. :i '-`-'' bait is not 1irn►t d`to the Afir,•rte'it barrow;:ladders,.and lajildit .rnateriels Please notethat your:AT')is consFde:red a recreational,vehicle and as IQ`ng as it rs licensed and current with ecreetiona!ve}1.'rcle taac':tabs,it emay be kept:dn your parkirig pad,as coo more than t�k�e two recreational:vehtcies�'pnd/or pieces of equip:metat permitted:without' rs�quinng enclo edsto:rage or scree:ning 2 All th •items situated.upon yo4ir pad are to be removed and`prgperly stored as noted above.• Thts includes and is rich lirrpted to the snow plow,drywall scaffold brackets, buildtng in'. 1, , end horse reels:: ` Please note tt t your snawp1O.W 1$ onsidered to be a piece ofequipertt a.nd,es such,it•may ire kept on y rur parking pad as r.1.--' rrrare thari'.one�f th tvwo tecreatidrraJ vehicles arrd/'ar ple efr o �eq.uipme1 t•permitted without•requiring e`ncl tsee storage or seeping r 3 The wooden kal:gboard ramp is tp,be renf4ved from yot-fitor yard and properly stud as ,:;,s......:::.•':-,„i,pte ya bovb 11 La tly,.all fI wQo d sto-,•cd on estdetntref premmise"s s>'iall be•storedIn tk�f°side.i d-o;r earattcl •$ticked"neatly.: r r � h — An thspe tt . will be made•on oett�eir 2,, 0G7; _verify'cocrrplralirce.....Faflui-e.to torripfy�wttk this. .t retires •w fl leave. he Crt�ywith:notalternati re blj :bcgih eiffor�cemetitproceethrtgL �inceraCjr, ...:;:,:..',.:.,.......-:-:;;I'2:2:-',.: ::'-. ,._,'l t v ~'- } J .c•'' � _ f -i. ldiig`Obrla fit; ritjchnson Ct A ms rator irk' erIi r," oi4ie Leidy$warisot,Chre `oF Pol ce cart i th cts,CIty,PI0rtrrer 1itlre Htrtitiai4;°. arming.&Cote Ertfc cemeat0#ficer ` --.. � - la t: j r -w° w —— 1 . •.,7 .0 fir. - c. Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen) housing units shall have the following minimum floor area per unit: Efficiency Units 440 square feet One Bedroom 520 square feet 7. Single Family Dwelling -Building Requirements. Single family homes within all zoning districts shall: a. Be constructed upon a continuous perimeter foundation that meets the requirements of the State Uniform Building Code. b. Not be less than thirty (30) feet in length and not less than twenty-four (24) feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls. Dwellings shall also meet the minimum floor area requirements as set out in this Ordinance. c. Shall have a minimum roof overhang of one (1) foot. d. Have an earth covered, composition, shingled or tiled roof. e. Receive a Building Permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. The exterior architectural design of a proposed dwelling may not be significantly different from the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor significantly different from the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health,safety or general welfare. f. Meet the requirements of the State Uniform Building Code or the applicable Manufactured Housing Code. 4o). 1 s.c. G c4 O f , 1.� amp- .-J-1) 5 203 cntz 8. Building Type and Construction. a. General Provisions. 1) Metal Buildings. No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as corten steel shall be permitted in any zoning district, except in association with farming operations or as allowed by this section. 15-18 • * 2) Quality. Buildings in all zoning districts shall maintain a high standard - of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare. * 3) Finishes. Exterior building finishes shall consist of materials comparable in grade and quality to the following: a) Brick. b) Natural stone. c) Decorative concrete block. d) Cast in place painted concrete or pre-cast painted concrete panels. e) Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress. f) Curtain wall panels of steel, fiberglass and aluminum (non- structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design. g) Glass curtain wall panels. h) Stucco. i) Vinyl. j) Other materials as determined by the City Building Official but not including galvanized or unfinished metal. 4) Pole Buildings. Except for farming operations, pole buildings shall not be allowed as a principal building or structure,except in highly unique or special cases as may be allowed by a conditional use permit. b. Business and Industrial Uses and Zoning Districts. 1.161) For all uses within the B-1, B-2, B-3, and B-4 Zoning Districts, any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of any one wall. Any metal finish utilized in the building shall be a minimum of twenty-six (26) gauge steel. The roof slope shall be limited to a minimum of one (1) in twelve (12) slope. 2) In the B-W and I Zoning Districts, all buildings constructed of curtain wall panels of finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place, or pre-cast, painted or finished concrete panels on wall surfaces abutting a public right-of-way , residential uses, or public 15-19 areas. The required wall surface treatment may allow a maximum of fifty (50).percent of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design. 3) The City may grant a deferment to the requirements of Section 401.15..C.8.b. of this Ordinance when a building or building addition will be constructed in more than one phase. Any such deferment shall be processed as a conditional use permit pursuant to Section 401.03 of this Ordinance and shall be subject to the following: a) The deferment shall be until the completion of construction or five (5) years, whichever is less. b) Property owner shall provide the City with an irrevocable letter of credit for an amount one and one-half (1-1/2) the City Building Official=s estimated cost of the required exterior wall treatment. The bank and letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall assure compliance with this section of this Ordinance. c. Exceptions to the provisions of Section 401.15.C.8. of this Ordinance may be granted as a conditional use permit pursuant to Section 401.03 of this Ordinance, provided that: 1) The proposed building maintains the quality and value intended by the Ordinance. 2) The proposed building is compatible and in harmony with other existing structures within the district and immediate geographic area. 3) The provisions of Section 401.03.A.8 of this Ordinance are considered and determined to be satisfied. 401.15.D. Accessory Buildings, Uses and.Equipment. 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. 2. Location. No accessory buildings shall be erected or located within,any required yard other than the rear yard. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12)feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the 15-20 same lot and shall not be located within a utility and/or drainage easement. Accessory building height may be increased an additional five(5)feet with approval of the Building Official to match roof pitch or style of a principle structure. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard. 115. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit_____ erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attache d or detached, can be located on said lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand(1,000)square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 7. Administrative Approvals. Storage buildings one hundred twenty (120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit, and may be in excess of the number of structures allowable in Section 401.15.D.5. above. 8. Building Permit. No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit. 9. Size Limit. Except in the case of single family detached dwellings, accessory buildings shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. 10. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also 15-21 be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity. b. A depreciation of neighborhood values or adjacent property values. c. A nuisance. Types of nuisance characteristics include unsightly building exterior. 12. Trash Receptacles. All buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: a. Exterior wall treatment shall be similar and/or complement the principal building. b. The enclosed trash receptacle area shall be located in the rear or side yard. c. The trash enclosure must be in accessible location for pick up hauling vehicles. d. The trash receptacles must be fully screened from view of adjacent properties and the public right-of-way. e. The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. 13. Conditional Use Permits. Application for a conditional use permit under this sub- section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. c. The building has an evident re-use or function related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 15-22 • Page 1 of 1 Julie Hultman From: Eric Johnson Sent: Monday, June 02, 2008 4:36 PM To: Jimmy Butler; Julie Hultman Subject: Tony Otley Jim and Julie, Besides the accessory structure issues with mr Otley, What is the status of his property, Please go take some pictures, is it fully sided? Are there materials laying all over? Are there things laying up against the fence? Please let me know by tomorrow afternoon Thanks eric 6/5/2008 Page 1 of 1 Julie Hultman From: Eric Johnson Sent: Tuesday, June 03, 2008 11:31 AM To: Jimmy Butler; Eric Johnson; Julie Hultman Cc: Julie Hultman Subject: RE: Otley Jim and Julie, Please prepare a letter that directs him to correct the defencies, for each defect, please cite the ordinance. This should go out by Fri. 7 days to correct all items. (except the accessory structures) thanks From: Jimmy Butler Sent: Tuesday, June 03, 2008 11:28 AM To: Eric Johnson (eajohnson @cityofoakparkheights.com) Cc: jhultman @cityofoakparkheights.com Subject: FW: Otley From: Jimmy Butler Sent: Tuesday, June 03, 2008 11:27 AM To: Eric Johnson (eajohnson @cityofoakparkheights.com) Cc: jhultman @cityofoakparkheights.com Subject: Otley Eric, Here are photos of Otley's In addition,we issued a deck permit 08/04/06. On April 7th I addressed a letter requesting that he schedule a final inspection for this project, but did not receive a call. May 13 I did a final inspection, it failed and I sent him a copy of the correction notice, a deck hand-out, and as that the corrections be made within 30 days. To date no corrections have been made. jim 6/5/2008 ' f 94j-ILLd- 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 Hand Delivered& Mailed June 6, 2008 Mr. Tony Otley 5336 Ojib Way N. Oak Park Heights, MN 55082 Re: Exterior Storage, Pool Fence Gate, Deck Corrections, Home Occupation License Dear Mr. Otley: City Ordinance 401.15.B.14 Exterior Storage states that all materials and equipment must be stored within a building or fully screened as not to be visible from adjoining properties and any public right-of-way. My September 18, 2007 letter to you informed you of this ordinance requirement and requested that you clean up the exterior of your residence accordingly. I made a site visit to your home on June 3, 2008 and observed a number of continued violations to this ordinance requirement as well as a couple of construction related issues that must be addressed. This letter serves as the City's request that you address and correct the items below, no later than 8:00 a.m., Monday,June 16, 2008. A site visit will be made after that date and time. If compliance is not found at the time of the follow-up site visit,the matter will be turned over to the Police Department for review and ordinance violation citation. The following are to be addressed and corrected no later than 8:00 a.m., Monday,June 16, 2008: 1. All exterior storage items are to be located in accordance with City Ordinance 401.15.B.14 as noted above. This includes construction items and materials (ladders, scaffolding, extension cords, deck board and other construction & landscaping tools and materials, etc.) and recreational items (skateboard ramps, ATV's, etc.). Many of the items observed on June 3, 2008 were the same items I observed in place during the summer of 2007. City of Oak Park Heights Mr. Tony Otley June 6,2008 Exterior Storage, Pool Fence Lock, Deck Corrections, Home Occupation License Page 2 As noted in my September 2007 letter to you, not more than two recreational vehicles and/or pieces of equipment may be permitted upon your parking pad without being screened or stored in a fully enclosed storage space. An ATV is considered a recreational vehicle and may be kept on your parking pad as long as it is licensed and displays current vehicle tabs. The snow plow and construction trailer are considered equipment.The trailer must also be licensed and display current vehicle tabs. All construction equipment/tools, materials and landscaping materials not being currently used on the premises are to be stored within a building or fully screened as not to be visible from adjoining properties and any public right-of-way. These items may not be store in the temporary metal structure at your rear yard. 2. Pool—City Ordinance 1303 sets forth specific standards for the construction and maintenance of private swimming pools. I have enclosed this for your review so that you may ensure that your above-ground pool meets compliance. The fence you have surrounding your pool does not meet the requirements of Section 1303.03.a as the gate is not self-closing and self-latching. Pad locks are also acceptable. You are to correct the gate closure so that it is self-closing and self-latching or secured with a pad lock. 3. Deck Permit#2006-00159 Corrections- All corrections noted on May 13, 2008 Correction Notice (enclosed) are to be made and a final re-inspection scheduled prior to June 16, 2008. 4. Home Occupations—City Ordinance 401.15.M (enclosed) sets for the criteria for home occupation permit requirements. City records do not indicate having issued a home occupation permit to you for your drywall business. There are typically two classes of home occupations,the first being one that has business traffic to the home and the second being one that is more or less a home office for a business that is done away from the home,with equipment for the business stored at the home. 0 City of Oak Park Heights Mr. Tony Otley June 6,2008 Exterior Storage, Pool Fence Lock, Deck Corrections, Home Occupation Licenses Page 3 The phone number upon the construction trailer is your home phone number, indicating that your business falls into the second category of a home based office for your service occupation. If you are operating this business from your home, you must have a home occupation permit for its operation and are to submit application for the same to the City. Alternately, if you are not operating a home based occupation,you are requested to notify the City in writing that you are not in fact operating such a business. If you have any questions regarding this letter and what is requested, please contact me immediately. S. ely, —'�,,.Arah Gl �C /1> Jim Butl4111111. / Building Official / JB:jah Enclosures pc: Eric Johnson, City Administrator Mark Vierling, City Attorney Lindy Swanson, Police Chief Brian DeRosier, Deputy Police Chief Julie Hultman, Planning&Code Enforcement Officer 1303 AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE SWIMMING POOLS IN THE CITY OF OAK PARK HEIGHTS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1303.01 Definition. "Private Swimming Pool" shall mean any pool,tank, depression, or excavation in or above ground, or other structure which shall cause retaining of water over a greater depth than eighteen(18) inches and/or having a larger plane surface of water greater than one hundred-fifty (150)square feet and which shall be designed or used for swimming, wading, or immersion purposes by men,women, or children,used or intended to be used solely by the owner,lessee, or tenant thereof and his family, and by friends invited to use it without payment of any fee. 1303.02 Permit Required. It shall be unlawful hereafter for any person, firm, or corporation to construct, alter, or repair a private swimming pool within the City without first having secured a permit therefore from the Building Inspector. An application for this permit shall be made on such form as may be furnished by the City, and shall be accompanied by complete plans and specifications for the pool, including the type and location thereof with respect to the boundary lines of the land of the applicant. The applicant shall pay fees as established by the City Council from time to time by resolution. 1303.03 Enclosed by Fence. A. All swimming pools to be constructed, or which are already constructed, shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in either vertical or horizontal direction, except for doors and gates. The fence shall be of a type not readily climbed by children. A dwelling house or accessory building may be used as part of such enclosure. An above- ground pool with a wall greater than four (4) feet in height does not require a fence if the wall cannot be readily climbed by children. B. All gates or doors opening through such enclosure shall be equipped with a self- closing and a self-latching device for keeping the gate or door securely closed at all times when not in actual use, and be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use. Swimming Pools City Ordinance 1301 1303.04 Life-Saving & Emergency Equipment. Life-saving equipment consisting of at least: (1) one ring buoy not more than fifteen(15) inches in diameter, to which shall be attached a rope 3/16" in diameter and of a length at least equal to the greatest dimension of the swimming pool, and (2) one life pole, or shepherd's crook type of pole, at least ten (10) feet long and having blunted ends, shall be provided. Emergency flood lighting shall be provided and electrically connected to a different circuit than used by the pool. The emergency equipment shall be used for emergency purposes only. 1303.05 Above-Ground Pools. Above-ground pools shall be protected in such a way that access ways, other than those afforded by the dwelling house or accessory buildings, shall be equipped with self- closing and self-latching gates or doors so these gates or doors are kept securely closed at all times when not in actual use. 1303.06 Pool Covers. Pool covers, whether they can be locked or not, do not alone meet public safety requirements if the cover is of the type that can collect and hold natural water. 1303.07 Polluted Water. No body of water, whether it be a natural or an artificial body of water in the City, which contains sewage, waste, or other contaminating or polluting ingredients rendering the water hazardous to health, shall be used for swimming or bathing by any person or persons. 1303.08 City Water Supply. There will be no cross-connections of the City water supply with any other source of water supply for the pool. The line from the City water supply to the pool shall be protected against back flow of polluted water by means of either an air gap, vacuum breaker, or other adequate device to prevent back siphonage. 1303.09 Shielding Lights. Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises. 2 Swimming Pools City Ordinance 1301 1303.10 Unnecessary Noise. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool or family pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of a swimming pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound, in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool premises, shall be unlawful. 1303.11 Outdoor Pool Enclosures. Outdoor pool enclosures, permanent or inflated, should not exceed eighteen (18) vertical feet above the pool deck and should be of a neutral color designed to blend with existing surroundings. The enclosure requires a special use permit and it must conform to the Uniform Fire Code. 1303.12 Setback Requirements. Pools for which a permit is required shall not be located within ten (10) feet of any side or rear lot line nor within six (6) feet of any principal structure or frost footing. Pools shall not be located within any required front yard. (Note: specific recommendations on pool construction and dimensional relationships available from the American Public Health Association, 1740 Broadway, New York City, New York, 10019. Title "Suggested Ordinance and Regulations Covering Private Residential Swimming Pools"). 1303.13.Lighting, Ventilation and Electrical Requirements. A. Where underwater lighting is used, such lights shall be spaced to provide illumination so that all portions of the pool and pool bottom may be readily seen without glare. B. All electrical wiring shall conform with the National Electrical Code as administered by the Minnesota State Board of Electricity and shall be approved by the National Underwriters Laboratory and the Minnesota State Board of Electricity. C. Each underwater light shall be individually grounded by means of a screwed or bolted connection to the metal junction boxes, which the branch circuit to the individual light precedes. Such junction boxes shall not be located in the pool deck. 3 Swimming Pools City Ordinance 1301 1303.14 Overhead Wiring Clearances. Service drop conductors and any other open overhead wiring shall not be installed above the swimming pool or surrounding area extending ten(10) feet horizontally from the pool edge, or diving structure, observation stands, towers, or platforms. 1303.15 Chemical Storage. A. The storage of chemicals should meet the requirements of the International Fire Code. B. Recognizing the fact that pool owners intend to maintain a pool that will not endanger the health or safety of their neighbors and family, Sections 1303.16 - 1303.18 provide guidelines for the operation of a private swimming pool. 1303.16 Bacteriological Quality. A sample of swimming pool water shall be considered satisfactory when the total bacterial count at 35 degrees centigrade does not exceed 200 colonies per milliliter and no organisms of the E. Coli group are present in a ten (10) milliliter portion or one hundred (100) milliliter portion as determined by the membrane filter method. If more than one sample out of seven collected on different dates is unsatisfactory, procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the examination of Water, Sewage and Industrial Wastes, as prescribed within it current edition. 1303.17 Pool Filters. Every pool shall be equipped with a recirculating system capable of filtering the entire contents of the pool in twelve (12)hours or less. A. Filters shall be capable of maintaining the clarity of the water to permit the ready identification,through an eight (8) foot depth of water, of a disc two (2) inches in diameter which is divided into four (4) quadrants in alternate colors of red and white. B. Filter capacity shall be such that it need not be cleaned more frequently than once every four(4)days under proper conditions of water and operation. C. All pressure filters shall be equipped with influent and effluent pressure gauges to determine the pressure differential and frequency of cleaning. All other filters shall be equipped with at least one pressure vacuum or compound gauge, as applicable, which shall be positioned in such a way as to determine the differential across the filter and the need of cleaning. 4 ia".. Swimming Pools City Ordinance 1301 D. All pressure filter systems shall be equipped with air release at the high point in the system. E. Operating instructions shall be posted on every filter system. All valves shall be properly designated, indicating their purpose. F. When dissimilar metals are used in the construction of the filter,which may set up galvanic currents, then suitable provision shall be made to resist electrolytic corrosion. G. Filters shall be so designed and installed that they can be readily disassembled and the filter elements removed. 1303.18 Disinfection and Chemical Conditioning. A. Provision shall be made for the introduction into the swimming pool water of accurate and controlled applications of a disinfectant in sufficient quantities to attain and maintain efficient bactericidal action while the pool is in use. B. Suitable methods shall be available to maintain a PH of the pool water between 7.2 and 8.2 and to maintain an alkalinity of not less than 50 ppm. C. The devices used to apply chlorine, or its equivalent, as a disinfectant shall be of such capacity as to maintain in all areas of the swimming pool, at all times, at least 0.5 ppm of free available residual chlorine or a residual level of another approved disinfectant which shall be of at least a proven equivalent disinfecting strength as 0.5 ppm of free available residual chlorine. 1303.19 Prior Constructions. The owner of any land upon which a private swimming pool has been constructed prior to the effective date of this Ordinance shall, within sixty (60) days after said effective date, comply with the requirements of this ordinance and, thereafter, it shall be unlawful to maintain any swimming pool which does not meet the requirements of this ordinance. 1303.20 Modifications. A. The Building Official for the City of Oak Park Heights may make modifications in individual cases, upon showing of good cause, with respect to the height, nature, or location of the fence or wall, gates or latches, or the necessity therefore, provided the degree of protection is not reduced thereby. 5 Swimming Pools City Ordinance 1301 B. The Building Official for the City of Oak Park Heights may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein. C. Upon the application of a property owner, the Building Official may grant extension of time for compliance, in individual cases, upon the showing of good cause; such extension of time shall not exceed thirty(30) days at a time. 1303.21 Penalties. Any individual person, firm, co-partnership, association, or corporation, who shall violate any provision or requirement of this ordinance, shall upon conviction thereof, be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding ninety(90) days, or both. 1303.22 Revocation of Permit. A. The Building Official may revoke any permit for failure to comply with the regulations of this Ordinance. B. Before a permit is revoked,the pool owner shall have notice in writing, listing and describing the instances of failure to comply with this Ordinance. C. The permit shall be reissued upon proper application and upon presentation of evidence that the deficiencies causing revocation have been corrected. 6 it • 4� '' • Oak Park Heights Application for Permit Owner: Contractor: Address: Address: Phone: ( ) Phone: ( ) JOB ADDRESS CLASS OF WORK Number Street New Add Sign Alter Repair Move Demolish Front or Width Side or Length Height in No of Area of Type of Occupancy Project in Feet in Feet Feet Stories Lot Construction Valuation Occupied Legal Description (if no address assigned: Description of Work Being Done: 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 Building Department. The applicant further agrees to notify the Building Official of each the required inspections 24 hours in advance as noted upon the Inspection Record Card. Dated: Applicant's Signature For Office Use Only: City Building: City Plumbing: City Mechanical: Jim Butler, Building Official Plan Review: City of Oak Park Heights State Surcharge: Signage: 14168 Oak Park Blvd. N. City Utility Meter: P.O. Box 2007 Utility Connection: Oak Park Heights,MN 55082 Utility Inspection: Metro S.A.C.: Phone: (651) 439-4439 Investigation Fee: FAX: (651) 439-0574 Other: Total: • • CITIES OF OAK PARK HEIGHTS &BAYPORT BUILDING DEPARTMENT 6511439-4439 CORRECTION NOTICE I HERMIT NUMBER v? NAME - Y/ LOCATION - - ' ! r e IN PECTIO■ . •S DIS _OSED'I FOLL EFICIENCIES OR CATIONS: 'I r / . 7 ..4I/1 ' 1 _ `Js _2.4 /117AIN-ff,' , e.." 4111Eff_,.. ■ I �� . di direillWril 40 1 74 �',� A I A451 t ' �- A , 14472 l //Vt Aire /11F-_, GL�� / . 2.1 � yi - •417;k 11 Aelsi Ai la DO OT COVER ABOV MENTIONED ITEMS UNTIL CI RRECTIONS NOTED HAVE BEEN MADE AND REINSPECTED. DATE: iA ' , s �' INSPECTOR DO NOT RE OVE THIS NOTICE City of Oak Park Heights 14168 Oak Park Blvd. Box 2007 Oak Park Heights,MN 55082 Phone (651)439-4439 — Facsimile(651) 439-0574 www.cityofoakparkheights.com APPLICATION FOR A HOME OCCUPATION PERMIT Applicant: Phone# Street Address: City Zip For application property: Street Address: City Zip Legal Description of the property: Zoning District: , Is the property connected to the City water and sewer system?- Yes No G:\Forms\Comm.Dey\Home Occupation Permit Application.doc 1 (If additional space is needed to adequately answer the following,please accurately number and answer the responses on the back of these sheets.) Description of the home occupation is as follows: Describe the character of the existing surrounding property: Who is to be employed in proposed occupation? Will any person(s)be employed that does not live at the occupation address listed in this application? Yes No In what part of the structure will the occupation be located? G:\Forms\Comm.Dev\Home Occupation Permit Application.doc 2 • How many customers will be served at one time? What are the intended days and hours of this occupation? What service will this occupation provide?, Is off street parking available? Yes No If yes, describe location, capacity and type of surface: Will there be a need for street parking? Yes No If yes, how much space will be needed? G:\Forms\Comm.Dev\Home Occupation Permit Application.doc 3 Will the occupation require the use of an accessory building? Yes No If yes,please justify the need of an accessory building and describe the facility: Will the home occupation require or involve any equipment not normally found in a dwelling unit? Yes No If yes,please describe the equipment: Will the occupation involve over-the-counter sale of merchandise produced off the premises? Yes No If yes,please describe the merchandise to be sold: How long do you anticipate the occupation be carried on at this address? G:\Forms\Comm.Dev\Home Occupation Permit Application.doc 4 i i How much of an investment in the premise is required for this occupation? If an investment is required,does it include alteration? Interior Exterior If so,Please describe the required alteration: Are other governmental licenses or permits required to legally conduct business in this occupation? Yes No If yes,please list the licenses and/or permits below: The City reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of Zoning Ordinance 401.15.M"Home Occupations." May the City inspect the premise during the application process? Yes No If yes,please explain: G:\Forms\Comm.Dev\Home Occupation Permit Application.doc 5 Is there any additional information regarding this application that the City should be aware of concerning the occupation? By signing this application,I declare that I have read all applicable City Ordinances. I affirm that all information provided to the City of Oak Park Heights on this application, or as a part thereof, is true and accurate to the best of my knowledge. Date: Signature of Applicant Please Check One: Fee shall be submitted with complete application. New: Special Home.Occupation —Fee: $100 (Ordinances 401.03 &401.15.M) New: Permitted Home Occupation —Fee: $ 25 (Ordinance 401.15.M) Home Occupation Renewal(Annual) —Fee: $ 15 G:\Forms\Comm Dev\Home Occupation Permit Application.doc 6 a. 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupations maybe allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. * a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit"shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant,the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. * Amended Ord. No. 98-401-01, 28 April 1998 b. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. c. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1)year after granting a permit the use as permitted by the permit shall not have been initiated,then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. * f. Reconsideration. Whenever an application for a permit has been considered and denied by the C ity Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six(6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (4/5)vote of the City Council. * Amended Ord. No. 98-401-01, 28 April 1998 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings • I except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6) The home occupation shall meet all applicable fire and building.codes. * 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. * Amended Ord. 03-401-01, February 6, 2003 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. b. Requirements-Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. * 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above, but are conducted entirely within the principal building, attached garage space, or detached accessory building. * Amended Ord. No. 97-401.02, 14 October 1997 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 4. Non-Conforming Use. Existing home occupations lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this Section. 5. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. *401.03. ADMINISTRATION -AMENDMENTS AND CONDITIONAL USE PERMITS 401.03.A. Procedure. ***1. Pre-Application. Applicants requesting application for amendments or conditional use permits should contact the Zoning Administrator in order to set up a "pre- application" meeting with the City Administrator, City Engineer, City Attorney, City Planner, City Building Official,and other City staff to discuss the project in question. A pre-application "staff meeting" is strongly recommended for all types of proposals to answer questions relating to overall project concept, the application process, payment of fees, general ordinance requirements and the general,details of the request. The pre-application meeting is not necessary but is recommended. ** ***2.Application. Request for amendments or conditional use permits, as provided within this Ordinance, shall be filed with the office of the City Administrator and with the office of the Community Development Director on an official application form. Such application shall be accompanied by a fee as outlined in Section 401.08. Such application shall also be accompanied by three (3) large scale copies and twenty (20) reduced scale (11" x 17") copies of detailed written and graphic materials fully explaining the proposed change, development, or use, and a mailing list provided by the applicant from the records of the Washington County Assessors Office for all homes, businesses and property located within three hundred fifty (350) feet of the subject property. Where necessary, the City Administrator or Community Development Director shall refer said application, along with all related information, to other City staff or agencies for their report and recommendation to the City Council. The request shall be placed on the agenda of the first possible Planning Commission meeting occurring after thirty (30) days from the date of submission. The application shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with and the City has in writing acknowledged acceptance of the application. 3. Proof of Ownership or Authorization. The applicant shall supply proof of title of the property for which the amendment or conditional use is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the request. Prior to approving an application for an amendment or conditional use permit, the City shall receive from the applicant certification that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the amendment or conditional use permit application relates. * Amended Ord. 98-401-01, 28 April 1998 ** Amended Ord. 99-401-09, 26 October 1999 *** Amended Ord. 03-06-32, 10 June 2003 03-1 • 4. Public Hearing. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Notice of such hearing shall be published in conformance with the State law and individual notices. If it is a zoning district change or conditional use permit request, notice shall be published in the official newspaper at least ten (10)days prior to hearing, and written notice of said hearing shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property, according to the Washington County assessment records, within three hundred fifty (350) feet of the parcel included in the request. The records of Washington County shall be deemed sufficient for determining the location and ownership of all such properties: A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made apart of the records of the proceeding. 5. Validity of Notice. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. 6. Technical Report. The Zoning Administrator shall instruct the appropriate staff persons to-prepare technical reports, and provide general assistance in preparing a recommendation on the action to the City Council. 7. City Council and Planning Commission Considerations. T he City Council and Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use Their judgement shall be based upon, but not limited to, the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 03-2 1 i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 8. Additional Information. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. 9. Planning Commission Review. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use. The Planning Commission shall recommend approval or denial of the request. 10. City Council Review. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission. Upon completion of the report and recommendation by the Planning Commission, the request shall be placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary. If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one (1) time on a singular action. 11. Finding of Fact. The Planning Commission and City Council shall make a finding of fact and determine such actions or conditions relating to the request as they deem necessary to carry out the intent and, purpose of this Ordinance. 12. Official Publication. An amendment shall not become effective until such time as the City Council approves a readiing of an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. *13. Recommendation - Amendment, Planning Commission. The Planning Commission shall make a recommendation to the City Council on the amendment request. 03-3 *14. Required Approval-Amendment, City Council. Approval of a request for a zoning amendment shall require passage by a majority vote of the City Council. Amendments that change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a four-fifths (4/5) majority vote of the City Council. *15. Recommendation - Conditional Use Permit, Planning Commission. The Planning Commission shall make a recommendation to the City Council on the conditional use permit request. *16. Required Approval-Conditional. Use Permit, City Council. Approval of a request for conditional use permit shall require passage by a majority vote of the City Council. *17. Application Review Period. Pursuant to Minnesota Statutes 15.99,an application for an amendment or conditional use permit shall be approved or denied within sixty (60)days from the date of its official and complete submission unless extended by the City pursuant to statute or a time waiver is granted by the applicant. 18. If a request for a conditional use permit receives approval of the City Council, the applicant shall record such with the Washington County Recorder within (30) days of the City Council approval date. The applicant, immediately upon recording such or as soon as is reasonably possible, shall furnish the City proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the City. 19. Renewal. An approved conditional use permit shall be reviewed annually by the City Council at the direction of the City Administrator to determine compliance with the conditions of the permit and Ordinance. The City shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. * Amended Ord. 03-06-32, 10 June 2003 401.03.B. Amendments /Conditional Use Permit - Initiation. The City Council or Planning Commission may, upon their own motion initiate a request to amend the text or the district boundaries, and/or request for a conditional use permit of this Ordinance. Any person owning real estate within the City may initiate a request to amend the district boundaries or text and/or request for a conditional use permit for said real estate in conformance with the provisions of this Ordinance. 03-4 j I 401.03.C. Conditional Use Permit. 1. Purpose. The purpose of a conditional use permit is to provide the City of Oak Park Heights with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by,the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. 2. Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission and City Council for at least six (6) months from the date of its denial. 3. Information Requirement. The information required for all conditional use permit applications generally consists of the following items, and shall be submitted when requested by the City: a. Site Development Plan: 1) Location of all buildings on lots including both existing and proposed structures. 2) Location of all adjacent buildings located within three hundred fifty (350)feet of the exterior boundaries of the property in question. 3) Location and number of existing and proposed parking spaces. 4) Vehicular circulation. 5) Architectural elevations (type and materials used in all external surfaces). 6) Location and type of all proposed lighting. 7) Curb cuts, driveways, number of parking spaces. 8) Site plan details such as trash receptacles, etc. 03-5 b. Dimension Plan: 1) Lot dimensions and area. 2) Dimensions of proposed and existing structures. 3) "Typical" floor plan and "typical" room plan. 4) Setbacks of all buildings located on property in question. 5) Proposed setbacks. 6) Sanitary sewer and water plans with estimated use per day. c. Grading Plan: 1) Existing contours. 2) Proposed grading elevations. 3) Drainage configuration. 4) Storm sewer catch basins and invert elevations. 5) Spot elevations. 6) Proposed road profile. 7) Erosion control measures. d. Landscape Plan: 1) Location of all existing trees, type, diameter, and which trees will be removed. 2) Location, type and diameter of all proposed plantings. 3) Location and material used for all screening devices. 03-6 4. Lapse of Approval. a. Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. b. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional time being requested to begin the proposed construction. The application shall be heard and decided by the City Council prior to the lapse of approval of the original request. c. In making its determination on whether an applicant has made a good faith attempt to utilize the conditional use permit, the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. • 5. Amended Conditional Use Permit. An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include re- applications for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in this Ordinance. 6. Performance Bond. a. Except in the case of non-income producing residential property (excluding relocated structures), upon approval of a conditional use permit the City shall be provided, when deemed necessary by the City Council, with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall be non-cancelable and shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the City. b. The security shall be in the amount equal to one and one-half(1-1/2)times the City Engineer's or City Building Official's estimated costs of labor and materials for the proposed improvements. Said project can be handled in stages upon the discretion of the City Engineer and Building Official. 03-7 c. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the City has been issued by the City Building Official. d. Failure to comply with the conditions of the conditional use permit or the ordinances of the City shall result in forfeiture of the security. e. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney. 03-8 f CITY 01-y OAK PARK HEIGHTS ,w 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 July 7, 2008 Mr. Tony Otley 5336 Ojib Way N. Oak Park Height, MN 55082 Re: Temporary Structures and Outside Storage: June 31, 2008 Compliance Deadline Reminder Dear Mr. Otley: Please be reminded that the temporary structure on your property, which is in violation of Oak Park Heights City Ordinances 401.15.0 "General Yard, Lot Area and Building Regulations"and 401.15.D "Accessory Buildings, Uses and Equipment"is to be removed no later than July 31, 2008. As I have indicated in earlier communications,there are a variety of ways to manage exterior storage needs, including but not limited to,the possibilities of relocating items to existing enclosed storage spaces, installation of a privacy fence, storage shed construction, and/or a garage addition. To date, I have not received any request for a meeting to discuss your exterior storage alternatives. If you have already removed your temporary outside storage structure,thank you. If you have not, please note that the compliance deadline of July 31, 2008 is just a short time away. Failure to remove the structure by July 31, 2008 will result in the complaint being forwarded to the Police Department for review as a misdemeanor and you will be cited for the violation thereafter. Si rely, . . -�i4...--. ..-- 4,,J im Butl4 7,,,,,, Building Official pc: Eric Johnson, City Administrator Tree City U.S.A.