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REQUEST FOR COUNCIL ACTION Date: August 17, 2005 Item No. Department Approval: Administrato;r Approval: Agenda Section: Name: Melanie Curtis � v Title: City Planner �' Item Description: Appeal Notice of Violation—Edward Pekarik Jr—2990 Casco Point Road Zoning District: LR— 1 C, One Family Lakeshore Residential List of Exhibits: Exhibit A - Notice of Violation dated OS-24-OS Exhibit B - 2004 Aerial Photo and Site Photos as of 8-17-OS Exhibit C - Relevant City Code Sections Exhibit D - Property Owner's Appeal Requests Application Summary: In response to a nuisance complaint, a property inspection was performed at 2990 Casco Point Road on May 23, 2005. At that time staff performed the site inspection, noted and documented violations with photos. The property owner was sent a notiae of violation letter including the appropriate City Code sections. Staff performed two follow-up in:�pections. During one inspection staff noted that some of the violations had been corrected, and re��iewed the remaining violations with the property owner. The property owner has requested an appeal of the �riolation notice regarding the expired or inoperable vehicles stored on the property. The property ownE;r has submitted additional information attached as Exhibit D regarding his appeaL City Code Section 58-3 regarding junk vehicles and debris requires a vehicle stored outdoors on a property to be operable and displaying current license information. This code section is similar to ordinances found in othei• municipalities' codes, and is certainly not unique to Orono. Staff Recommendation The property owner has worked with staff to remove most of the existing violations and a few of the remaining items on the site have been negotiated to extended deadlines with the exception of the vehicles in violation, and numerous vehicle parts. Regarding the vehicle parts, the property owner has indicated that his intention is to sell these items and was unwilling to provide staff with a deadline date for removal. The City provided the property owner with a deadline for appeal to the Council or for removal or alternate storage of these items, that deadline was June 21, 2005. A reasonable extension was provided to the property owner, however as of today's date, the vehicle parts remain on the property in violation. Allowing for the outdoor storage of vehicle parts, junk and debris, and unlicensed or inoperable vehicles encourages bligh�t. If need be, a property owner could store these types of items in an enclosed building and be within the City's requirements.