HomeMy WebLinkAboutHome Occupation Follow-up 1
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*•,,‘„ „. CITY of ORONO
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�;� , Street Address: Mailing Address:
9ges140 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
June 30, 2010
Reed Bales
Aaspen Tree Service, LLC
970 Wayzata Boulevard West
Wayzata, MN 55391
RE: Home Occupation Follow-Up
Mr. Bales,
The City received your letter dated May 23, 2010 regarding your home occupation. After
review, Aaspen Tree Service, LLC may continue operating at 970 Wayzata Boulevard West.
While the 'City may have permitted the type of home occupation use, the outdoor storage
associated with the business was not permitted in 1992, nor is it permitted by the current code
standards.
Your status as a legal, nonconforming home occupation is noted however the outdoor storage
of materials, equipment or vehicles associated with your business must be contained within an
enclosed building. Further, an increase in the number of vehicles and equipment stored on the
property is not permitted.
Please submit an inventory of current vehicles and equipment before July 30, 2010.
Additionally, also by July 30, 2010, all exterior storage associated with the business and not
permitted by City Code 78-1577 (enclosed) should be removed or stored in an enclosed
building.
Sincerely,
CITY OF ORNO
Melanie Curtis
Planning and Zoning Coordinator
Enclosure: City Code Section 78-1577
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
June 30, 2010
Aaspen Tree Service, LLC
Page 2 of 6
Sec. 78-1577. Exterior storage in R districts.
In all R districts, it is the responsibility of the owner of any property, improved or unimproved, to
maintain the outdoor areas; including courtyards and the like, of the property and adjacent rights-of-way
in a manner that complies with the following requirements. All recreational vehicles, mobile homes,
camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility
trailers shall meet the requirements of this Code. Additionally, all exterior storage must comply with
subdivision (6) of this section.
(1) Definitions:
a. Blight means a deteriorated condition, something that impairs or destroys.
b. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage,
scrapped, unusable, worn-out or wrecked object, thing or material composed in
whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic
substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta,
wool, cotton, cloth, canvas, organic matter or other substance, regardless of
perceived market value or requiring reconditioning in order to be used for its
original purpose.
c. Recreational vehicle. Mobile home and recreational vehicle shall mean and
include the following definitions, and shall not include any manufactured housing
unit bearing a State of Minnesota manufactured housing seal or certificate, for
uses including but not limited to those listed below:
1. Camping trailer means a folding structure, mounted on wheels and
designed for travel, recreation and vacation uses, also called a pop-up
camper.
2. Motor home means a portable, temporary dwelling to be used for travel,
recreation and vacation, constructed as an integral part of a self-
propelled vehicle.
3. Pickup camper means a structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation and
vacation.
4. Travel trailer means a vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel, recreational and
vacation uses, permanently identified as a travel trailer by the
manufacturer of the trailer.
d. Special mobile equipment means every vehicle not designed or used primarily for
the transportation of persons or property and only incidentally operated or moved
over a highway, including but not limited to: ditch digging equipment, moving
dollies, pump hoists and other well-drilling equipment, street sweeping vehicles,
and other machinery such as asphalt spreaders, bituminous mixers, bucket
loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earth-moving equipment. The
term does not include travel trailers, dump trucks, truck-mounted transit mixers,
truck-mounted feed grinders, or other motor vehicles designed for the
transportation of persons or property to which machinery has been attached.
June 30, 2010
Aaspen Tree Service, LLC
Page 3 of 6
e. Utility trailer means any motorless vehicle, other than a boat trailer or personal
watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain
vehicles, or property on its own structure and for being drawn by a motor vehicle
but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer
combination, or an auxiliary axle on a motor vehicle which carries a portion of the
weight of the motor vehicle to which it is attached.
(2) [Parking regulated.] Parking of recreational vehicles, mobile homes and utility trailers
shall be regulated as follows:
a. It is unlawful for any person to park a mobile home or recreational vehicle upon
public property for human habitation
b. It is unlawful for any person to park or store a utility trailer, mobile home,
recreational vehicle in any "R" district for more than 24 hours, except in a side or
rear yard at least five feet from any property line.
c. It is unlawful to use a mobile home or recreational vehicle for human habitation
on any private property for more than 72 hours without a permit from the city.
(3) Vehicle storage. All vehicles parked or stored on any property within the city shall be
operable and currently licensed. The parking of vehicles, other than recreational vehicles,
in "R"districts is regulated as follows:
a. Parking of vehicles other than recreational vehicles, with a maximum gross
vehicle weight(GVW) of 14,000 pounds or less is allowed in all "R" districts.
b. Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the
potential to create negative impacts on the surrounding neighborhood. These
impacts may include noise (from operation as well as maintenance of vehicle);
vibration; glare; odors; soil/water contamination (from dripping, washing, etc.);
hazards to pedestrians by way of proximity, especially on private roads; wear and
tear on local or private roads; propensity to offload remaining cargo on site at end
of day; and visual incompatibility with the character of a neighborhood. Such use
may be acceptable under certain conditions in zoning districts where lot areas
are generally two acres or larger. Therefore, parking of such vehicles requires
each of the following conditions be met:
1. Property owner must be vehicle owner or operator.
2. Vehicle must be set back 50 feet from property lines.
3. Vehicle must not be visible from neighboring properties and public
streets; vegetative screening is preferred.
4. Maintenance of said vehicle shall occur within an enclosed building.
5. The vehicle shall not constitute a nuisance at any time.
6. In a shared driveway situation, the applicant shall demonstrate that the
appropriate easement exists.
June 30, 2010
Aaspen Tree Service, LLC
Page 4 of 6
7. Minimum lot size of five acres. For any property at least two acres but
less than five acres in area, where it can be shown that prior to the
effective date of this section such a vehicle was previously stored on a
regular basis prior to and after January 1, 2004, a vehicle storage permit
may be granted if the above conditions a. through f. are met, subject also
to the following limitations:
A vehicle storage permit may only be issued for properties within
the RR-1 B, RR-1A, and LR-1A zoning districts.
ii. Such permit shall be granted only to the current property owner
and only for the specific vehicle applied for. The current owner
may replace the vehicle in kind, but shall not add other such
vehicles. Any replacement vehicle must be registered with the
city within 30 days to transfer its permitted status.
iii. This permit shall not apply to subsequent property owners,
subsequent property owners shall not be considered as having a
grandfathered permit by virtue of their predecessor's permit.
iv. This permit shall automatically and permanently expire if the
vehicle storage is voluntarily discontinued for a period of one
year.
(4) [Storage of boats and boat trailers.]Boats, unoccupied boat trailers, and boats on trailers
shall be subject to the following storage requirements when not stored for commercial
purposes:
a. Licensing, operability and restorations. All boats stored outside on a residential
property shall be licensed to the owner or occupant of the property. All boats
stored on a property shall be in operable condition, except that inoperable boats
under active restoration may be stored on a property for not more than two years,
the intent being to discourage the long-term storage of inoperable boats on
residential property.
b. Principal residence required. No boat shall be stored on a property or on a group
of contiguous commonly owned properties that does not contain a principle
residence structure.
c. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length
shall not be stored on any residential property except within a fully enclosed
building meeting all applicable zoning and building code standards. Exception:
Existing boats over 30 feet in length which are documented to have been stored
on the property within the 24 months prior to the effective date of the ordinance
from which this section is derived shall be allowed to continue such storage
practice until the property is sold, and shall meet the setback requirements of this
section.
June 30, 2010
Aaspen Tree Service, LLC
Page 5 of 6
d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in
length may be stored outside on residential property as follows:
1. Lakeshore lots. Boats may be stored in a side yard, street yard, side
street yard and lakeshore yard as long as they meet required setbacks
and have no significant impact on lake views enjoyed by adjacent
neighbors.
2. Nonlakeshore lots. Boats maybe stored in a side yard and rear yard;
trailerable boats may be stored on trailers in a driveway in a front yard or
side street yard.
e. Required setbacks. Boats and unoccupied boat trailers shall be stored no less
than five feet from any lot line and no less than 15 feet from the principal
residence structure on any adjacent lot.
f. Screening. Screening is not required for outside boat storage when in
conformance with this section. If boats are shrink wrapped, white is the preferred
color but is not mandatory.
g. Dispute resolution. Complaints regarding boats stored in lakeshore yards and
potentially impacting a neighbor's views of the lake will be referred to a dispute
resolution committee, consisting of the planning director, the building official, and
a member of the planning and zoning staff.
(5) [Prohibited parking or storage.] Outdoor parking or storage of special mobile equipment
as defined in this section shall be prohibited in any"R" district.
(6) Prohibited material storage. Any violation of this section is subject to abatement upon
seven days' written notice to the owner of private premises on which such material is
found or any conditions in violation of this code section exist. The owner of the property
will be determined as shown by the records of the office of the county recorder. The city
may remove such matter or correct any conditions in violation, and certify the cost of
such removals or corrections as any other special assessment. Additionally, the city may
also seek injunctive relief for violation of this section. Owners of private property shall
remove and keep removed from all exterior areas of all residential properties the
following items:
a. Pest harborage. All exterior property shall be free from rodent harborage and
infestation. Boxes, lumber, scrap metal, and similar materials shall not be
allowed to accumulate outside a structure in a manner that attracts an infestation
of pests. Materials permitted and approved for exterior storage shall be neatly
stacked.
June 30, 2010
Aaspen Tree Service, LLC
Page 6 of 6
b. Trash and debris.
1. All household garbage, offal, dead animals, animal and human waste,
and waste materials.
2. Accumulations of litter, glass, scrap materials (such as wood, metal,
paper, and plastics), junk, combustible materials, stagnant water, plastic
bags or trash.
3. Accumulations of clothing and any other items not designed for outdoor
storage.
c. Non-trash items.
1. Accumulations of wood pallets.
2. Accumulations of vehicle parts or tires.
3. All construction and building materials unless such materials are being
used at the time in the construction of a building, in which case such
construction must be permitted and on a continuous, uninterrupted basis.
4. All appliances or appliance parts.
5. All indoor or upholstered furniture of a type or material which is
deteriorated by exposure to outdoor elements.
6. All recycling materials except for reasonable accumulations, amounts
consistent with a policy of regular removal, which are stored in a well-
maintained manner according to Chapter 50 and Chapter 54.
7. All other non-trash items which:
(i) Are of a type or quantity inconsistent with normal and usual use;
or
(ii) Are of a type or quantity inconsistent with the intended use of the
property; or
(iii) Are likely to obstruct or impede the necessary passage of fire or
other emergency personnel.
d. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be
placed on any private ground any garbage, sewage, waste, debris, carcass, or
other substance or matter which is offensive or unhealthy by decomposition
unless the same be buried at least three (3) feet under the surface of the ground;
provided, that the use of manure and phosphorous free fertilizer in the normal
course for agriculture or horticulture is permitted.
(Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1, 9-10-2001; Ord. No. 4 3rd series, § 2, 11-11-
2003; Ord. No. 21 3rd series, § 1, 11-8-2004; Ord. No. 29 3rd series, §§ 1--3, 10-24-2005)