HomeMy WebLinkAbout2008-06-06 Compliance Request to Tony Otley r
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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.
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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 AN 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.
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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.
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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
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
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:
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CITIES OF OAK PARK HEIGHTS &BAYPORT
BUILDING DEPARTMENT
651/439-4439
CORRECTION NOTICE
PERMIT NUMBER v? �'" W/5-
NAME 4-7
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LOCATION
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INSPECTOR
DO NOT RE OVE THIS NOTICE
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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\Conan.Dev\Home Occupation Permit Application.doc
4
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:Worms\Conan.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
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 may be 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 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
appliffd 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 City 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
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
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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 a part 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. The 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.
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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 reading 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.
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*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.
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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.
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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.
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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.
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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.
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