HomeMy WebLinkAboutCode Violation - Illegal Home Occupation R
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CITY of ORONO
ti Municipal Offices
� ti�� 4 Street Address: Mailing Address:
`kESf104 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
7 May 2010
Reed A Bales & JT Bales SENT VIA: CERTIFIED MAIL
970 Wayzata Blvd W 7007 2680 0002 3457 2034
Wayzata, MN 55391
RE: 970 Wayzata Blvd W/ PIN 35-118-23-41-0004
Illegal Home Occupation / Contractor Business
It has come to the City's attention that Aaspen Tree Service, LLC, a landscaping/tree services contractor
company, has been operating from your residential property at 970 Wayzata Boulevard West.
Home occupations within the City of Orono are regulated under City Code Section 78-1376; this section is
attached herein for your reference. Your commercial use of the above property qualifies under section 78-
1376(e)(7) as a Prohibited Home Occupation. Operating a contracting shop and/or storage associated
with a prohibited home occupation is strictly prohibited within a residential district. Therefore, this letter
will serve as your official notice that you must discontinue operating a contracting business from
your residential property. The office of such a business is allowed however any storage of materials,
vehicles or equipment(either outdoor storage or within a garage), associated with the contracting business
is strictly prohibited. Employees working at the property or parking on the property while working off-site is
also prohibited.
Please discontinue this activity upon receipt of this notice; your property will be reinspected for compliance
on May 24, 2010 and monitored to assure compliance. Please be advised, if you fail to cease the activities
described in this letter this matter will be sent to the City Attorney for review and may result in criminal
prosecution. I have attached the pertinent City Codes for your reference. If you have any questions,
please don't hesitate to call me at 952.249.4620.
This letter will serve as your notice that the property must be brought into compliance by
May 24, 2010 in order to avoid legal action by the City. If you have any questions I can be reached at
mcurtisci.orono.mn.us or 952.249.4627.
Sincerely,
City •fO •no.
-la ie u is
Planning & Zoning Coordinator
Encl: City Code 78-1376
c: US Mail
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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PS Forn 3800, August 2006 See Reverse for Instructions
970 Wayzata Blvd W
Page 2 of 4
Sec.78-1376. Home occupations.
(a) Purpose. Home occupation regulations are established to ensure that home occupations will not
adversely affect the character and livability of the surrounding residential neighborhood.The home occupation shall
function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health,
safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels:
(1) Level 1 home occupations:Home occupations that comply with all standards of subsection (d)of this
section and which have no potential neighborhood impacts. Level 1 home occupations may be operated
without a license or permit.
(2) Level 2 home occupations: Home occupations that comply with all standards of subsection (d)of this
section but which could have potential neighborhood impacts;and home occupations that do not
comply with all standards of subsection(d)of this section and which are not prohibited home
occupations under subsection(e)of this section. Level 2 home occupations are required to be licensed
under the provisions of section 26-76. Level 2 home occupations may include but are not strictly limited
to:
a. Those with employed persons other than occupants of the dwelling.
b. Those carried out partially or wholly in an accessory structure,where allowed, including storage
of materials, equipment or commercial vehicles in an accessory building.
c. Those involving the use or parking of a commerciai or nonpassenger vehicle,whether such use
or parking is in a building or outside.
d. Those which do not meet one or more of the specified performance standards.
e. Those which generate excessive traffic under the standards of subsection(d)(13)of this section.
In cases where it is unclear whether a home occupation should be classified as level 1 or level 2,the zoning administrator
shall make such a determination subject to city council confirmation if requested by the operator of the home occupation.
(b) Conformance required. All existing home occupations shall be brought into conformity with this section
within one year of the adoption of the ordinance from which this section is derived.
(c) License required for level 2 home occupations. An annual license shall be obtained by any person
operating a level 2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code.
(d) Home occupation regulations.The regulations recognize that many types of home occupations can be
conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the
following standards:
(1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and
shall result in no incompatibility with or disturbance to the surrounding area.
(2) Employed persons. No one other than the occupants of the dwelling and one employee or associate shall
be on the property at any given time in relation to the home occupation. No employee or associate or
combination of either shall work on the premises for more than 40 hours in one week.The home
occupation may employ additional nonresident employees only if their work activities are performed off
the premises. Personal vehicles of employees working off the premises shall be parked within a building
or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be
considered employees of the home occupation.
(3) Exterior alterations or modifications that change the residential character or appearance of the dwelling
unit or accessory structure to that of a commercial nature shall be prohibited.
(4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and
bathrooms shall be prohibited.
970 Wayzata Blvd W
Page 3 of 4
(5) The home occupation shall be conducted within the enclosed area of the dwelling unit,with the
exception of lessons or instruction for outdoor activities,such as equestrian training and riding,tennis
and other court sports,gardening and swimming. In the RR-1A and RR-1B, one-family rural residential
districts, home occupations or storage associated with the home occupation may be conducted within
accessory structures subject to the following conditions:
a. No home occupation conducted wholly or in part in an accessory structure shall produce noise,
light and glare,odor,vibration or traffic that will in any way have a perceptible effect upon
adjacent or nearby property.
b. The home occupation shall conform with all other applicable zoning requirements.
c. The property must be conforming in area, and the accessory structure must be conforming in
location.
(6) Outdoor storage prohibited. Outdoor storage or display of materials,goods,supplies or equipment
related to the conduct of the home occupation shall be prohibited,except that licensed passenger
vehicles used in the home occupation may be parked outside provided they are in compliance with all
other requirements of this section.
(7) Parking.All vehicle parking required for conduct of the home occupation shall be off-street.The off-
street parking area required for the principal residential use shall be retained exclusively for the principal
residential use and shall not be made unusable by the home occupation. Off-street parking areas
providing more than two spaces for the home occupation shall be visually screened from adjacent
residential lots.
(8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used
in the home occupation shall be within a fully enclosed building. Noise,odors or vibration from the
operation of such vehicles shall not be discernible at the property line.
(9) No equipment, machinery,or materials other than of a type normally found in or compatible with a
dwelling unit shall be allowed.
(10) No retail sales and delivery of products or merchandise to the public shall occur on the premises except
when accessory to the services provided.
(11) No home occupation activity of a non-residential character shall be discernible from any private or public
street.There shall be no exterior signage or display, or interior signs or display which are visible from
outside the dwelling,except that a single nameplate sign of not more than two square feet in area per
surface, nor more than two surfaces, may be placed on the property.Such sign, if displayed,shall include
only the name of property owner and the site address,and shall not identify the type of business.
(12) The hours of operation that a home occupation may be accessible to the public shall be limited to the
hours between 8:00 a.m.and 7:00 p.m.
(13) The home occupation shall not generate excessive traffic that is detrimental to the residential character
of the surrounding properties or the neighborhood. For the purposes of this provision, more than five
customers or clients per day,or more than two customers at any given time, may be determined to be an
excessive and detrimental level of traffic.The number shall apply to each dwelling unit, regardless of the
number of home occupations conducted in the dwelling unit.The criteria used by the zoning
administrator to determine impact shall include, but not be limited to:
a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking
availability, and screening.
b. Type of street,width, and traffic volumes.
c. The availability and location of off-street parking.
(14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m.to
7:00 p.m.and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used
970 Wayzata Blvd W
Page 4 of 4
to serve residential areas.
(15) No sound or noise created by the operation of the home occupation shall be audible at the property lines
except between the hours of 8:00 a.m.and 7:00 p.m. Home occupations shall otherwise comply with all
noise provisions of this chapter.
(16) Any activity or event organized for the purpose of displaying or selling merchandise shall not be held
more than six times per year.This section shall not be construed as requiring a license or permit for
occasional garage sales or tag sales.
(e) Prohibited home occupations.The following uses, by their nature of operation, have a pronounced
tendency to increase beyond the limits permitted for home occupations.These uses have objectionable operational
characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations:
(1) Service, repair,or painting of any motorized vehicle, including but not limited to motor vehicles,trailers,
boats, personal watercraft, recreational vehicles, and snowmobiles.
(2) Hair styling establishments that serve more than one person at a time.
(3) Adult uses, as defined in this Code.Adult uses are prohibited as a home occupation for the reasons set
forth in Ordinance No. 193,Second Series(section 78-1377 of this Code), adopted by the city council on
November 8, 1999, based on the effects and impacts of sexually oriented businesses as set forth in the
state attorney general's Report of the Attorney General's Working Group on Regulation of Sexually
Oriented Businesses,dated June 6, 1989,and in the Task Force Report on Sexually Oriented Businesses,
authored by the Cities of Minnetonka,St. Louis Park and Shakopee,which considered relevant studies
from six cities.
(4) Dispatch centers where persons come to a site and are dispatched to other locations.
(5) Medical or dental clinic.
(6) Rental businesses.
(7) Contracting, excavating,welding or machine shops.
(8) Commercial kennels and veterinary clinics.
(9) Tow truck services.
(10) Ceramic studios with kilns of volume six cubic feet or more.
(11) The sale, lease,trade or other transfer of firearms or ammunition by a firearms dealer, except when such
dealer is federally licensed to conduct such activity.
(12) Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption
by individual households for personal care or household use.
(f) Reasonable accommodation for disabled persons. Persons with physical or other legally recognized disabilities
may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section.The zoning
administrator may only grant waivers on the basis of the applicant's physical limitations to function within such requirements.
r
DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED 5-3'i
PERMIT NO. COMPLETED , ,�
ADDRESS a-io W /a\iz l-ei V V
OWNER TELEPHONE NO.
CONTRACTOR � / ry�
a rS/J11.DESCRIPTION \- V iO O h(JM
❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING
Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS
" ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL
• ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION
Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS
❑ FINAL 0 SEWER HOOK-UP ❑ COMPLAINT
❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP
_ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL
v ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL
• OWNER/CONTRACTOR TO MEET YOU:_YES_NO
o COMMENTS:
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CC
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CC
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W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE
CC ❑CORRECT WORK&PROCEED C ISSUE CERTIFICATE OF OCCUPANCY
OO ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
✓ BEFORE COVERING PERMANENT
❑CORRECT UNSAFE CONDITION WITHIN HOURS. jHOTO TAKEN
INSPECTOR WILL RETURN
❑STOP ORDER POSTED.CALL INSPECTOR ❑ CITATION ISSUED
❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
Call for the next inspecti•n 24 hours in advance. (952) 249-4600
Owner/Contractor on si :
Inspector.
White Copy/Inspector's File Canary Copy/Site Notice