HomeMy WebLinkAboutcode violation _�
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December 1, 2010
SENT VIA U.S. CERTIFED MAIL NO.:
7007 0220 0000 1989 7633
Laureen E. Darling
1719 Fagerness Point Rd
Wayzata, MN 55391
RE: City Code Violation at 1719 Fagerness Point Road
- On November 29, 2010 City Staff noted an upholstered reclining chair on your property.
� Storage of upholstered furniture or furniture of a type specifically meant to be kept inside a
- home outside your home is in violation of City Code Section 79-1577(6)(C)5.
This letter will serve as your notice that the property must be brought into compliance by
before Friday, December 10, 2010 in order to avoid legal action by the City. In order to
bring your property into compliance the chair must be removed from the property before
December 10, 2010.
Please be advised, if you fail to correct the violation this matter will be sent to the City Attorney
for review and may result in criminal prosecution. I have attached the pertinent City Code for
your reference. If you have any questions, please don't hesitate to call me at 952.249.4620.
Sincerely,
CITY OF ORONO
I�
Christine Mattson
Planning Assistant �
� � �Attached: City Code Section 78-1577 �
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Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
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December 1, 2010
1719 Fagemess Point Road
Page 2 of 5
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. Additionaliy, all exterior storage must compiy
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 foiding structure, mounted on wheels and designed for travel,
recreation and vacation uses,also calied 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 roliers, 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.
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.j Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as
fol lows:
a. It is unlawful for any person to park a mobile home or recreationai 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 recreationai vehicle for human habitation on any private
property for more than 72 hours without a permit from the city.
December 1, 2010
1719 Fagemess Point Road
Page 3 of 5
(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 (GVN�
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 potentiai 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 vehicie shall not constitute a nuisance at any time.
6. In a shared driveway situation, the applicant shall demonstrate that the appropriate
easement exists.
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 foilowing limitations:
i. 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 oniy 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.J 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.
December 1, 2010
1719 Fagemess Point Road
Page 4 of 5
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.
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 materiais 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.
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.
December 1, 2010
1719 Fagemess Point Road
Page 5 of 5
5. All indoor or upholstered furniture of a type or material which is deteriorated by exposure
to outdoor elements.
6. Ali 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 shali 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)