HomeMy WebLinkAboutRe: code violations/illegal home occupation;illegal curb cut i� DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED I I' �' IO
PERMIT NO. cOMPLETED
ADDRESS �� L�[n� Y�V�—'
OWNER TELEPHONE N0.
CONTRACTOR
>; DESCRIPTION�1 , � I
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� ❑ FOOTING LUMBING FINAL ❑ EXCAV/GRADING/FILLING
Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS
y ❑ FRAMING ❑ MECHANICAL FINAL
O ❑ TREE REMOVAL
Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION
Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS
� ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT
� ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP
? ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL
J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL
� OWNER/CONTRACTOR TO MEET YOU:_YES_NO
� COMMENTS:
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W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE
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� ❑ CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
V BEFORECOVERING PERMANENT
❑CORRECTUNSAFECONDITIONWITHIN HOURS. ❑ pHOTOTAKEN
INSPECTOR WILL RETURN
❑STOP ORDER POSTED.CALL INSPECTOR �CITATION ISSUED
❑ INSPECTION REQUIRED.CALLTO ARRANGE ACCESS.
Cail for the next inspection 24 hours in advance. �95Z� Z49-46�0
Owner/ConVactor on site:
Inspector.
White Copy/lnspector's File Canary CopylSite Notice
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,� s ;,��,,�,��p��� ,� Street Address: Mailing Address:
`9kE$gp4' 2750 Kelley Parkway P.O. Box 66
—� Orono, MN 55356 Crystal Bay, MN 55323-0066
22 October 2010
SENT VIA U.S. CERTIFIED MAIL NO.:
7007 0220 0000 1989 7534
Erik L Onken & Paul Onken
3596 Lyric Avenue
Wayzata, MN 55391
RE: Illegal Home Occupation/Illegal Curb Cut at 3596 Lyric Avenue
The City received a complaint regarding commercial business activity conducted at the above address. Home
occupations within the City of Orono are regulated under City Code Section 78-1376; this section is attached
herein for your reference. It appears that your commercial use of the above property qualifies under section 78-
1376(e)(7) as a Prohibited Home Occupation. Operating a contracting business is strictly prohibited within a
residential district. Therefore, this letter will serve as your official notice that you must discontinue operating a
contractor business from your residential property. The office of such a business is permitted however any
� storage of materials, vehicles or equipment (either outdoor storage or within a garage) associated with this
� business is strictly prohibited.
� During the inspection it was noted a new, third curb cut has been constructed to Lyric Avenue from this property.
One curb cut is permitted on a public roadway for each property abutting the roadway. Your property appears to
have been allowed a second dciveway curb cut in 1991 with the construction of the detached garage. However,
the new driveway exceeds the width standards and results in a third curb cut. It must be removed. The access
standards are outlined within City Code 18-136, also City Code 18-106 states that a permit is required for any
work within the right-of-way; specifically construction of a curb cut. These codes have been provided for your
reference.
This letter is your official notification that you must discontinue the commercial use of your property and remove
the newly added curb cut on your property upon receipt of this notice. Your property will be reinspected on
November 8th for compliance with this notice as well as monitored to assure compliance with the City's home
occupation regulations. Please be advised, if you fail to correct the violation this matter will be forwarded to the
City Attorney for review and may result in criminal prosecution. I have attached a copy of the appropriate City
Code for your reference.
If you have any questions, please contact me at mcurtis(a�ci.orono.mn.us or 952-249-4627.
Sincerely,
CITY OF ORONO
T �
Melanie Curtis
Planning &Zoning Coordinator
encl
c US Mail
Don DeBaere, Public Works Street Supervisor
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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D. Is delivery address different from item 1? ❑Yes
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,�G Orono,MN 55356 Crystal Bay,MN 55323-0066
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20 December 2010
SENT VIA U.S. CERTIFIED MAIL NO.:
7007 0220 000 1989 7671
Erik L Onken & Paul Onken
3596 Lyric Avenue
Wayzata, MN 55391
RE: Illegal Home Occupation/ Illegal Curb Cut
3596 Lyric Avenue
On October 22, 2010 you were notified with a letter from our office that a number of City Code violations were
identified at your property at 3596 Lyric Avenue in Orono. Those violations are as follows:
1. Operation of a contractor shop from your residential property; and
2. A third, non-permitted curb cut
You were notified of the above violations and given a deadline of November 8, 2010 for compliance. Since that
. time you have discussed with Christine Mattson your plans for bringing your property into compliance with City
� Codes. Ms. Mattson has extended your compliance deadline twice. This letter is your noti�cation that the
_ final extension period will end January 7, 2011.
� This letter is your final notification that you must discontinue the commercial use of your property and remove the
third curb cut by January 7, 2011.
Your property will be reinspected on or about January 7, 2011 for compliance with this notice as well as monitored
to assure compliance with the City's home occupation regulations. Please be advised, if you fail to correct the
violations this matter will be forwarded to the City Attorney for review and may result in criminal prosecution.
If you have any questions, please contact me at mcurtisCa�ci.orono.mn.us or 952-249-4627.
Sincerely,
CITY OF ORONO �
Melanie Curtis
Planning &Zoning Coordinator
c US Mail
Don DeBaere, Orono Public Works Streets Supervisor
Lyle Oman, Orono Building Official
Telephone(952)249-4600•F�(952)249-4616
www.ci.orono.mn.us
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A. Si ture �� ❑Agent
■ Complete items 1,2,and 3.Also complete �
item 4 if Restricted Delivery is desired. X ; ❑Addressee
■ Print your name and address on the reverse
so that we can return the card t0 you. B. Received y(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece>
or on the ft'ont if space permits. p. Is delivery address different from item 1? ❑Yes
1. ARicle Addressed to: If YES,enter delivery address below: ❑No
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22 October 2010
3596 Lyric Ave/Home Occupation
Page 2 of 4
Sec. 18-106. Required.
It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach,
driveway turnaround, curb cut, roadway surfacing or any other private improvement in any road or other property in
the city without a permit in writing from the city.
Sec. 18-136. Residential driveways, approaches and turnaround.
(a) One driveway approach shall be allowed from up to two single residential parcels of land to the
same road, provided that appropriate easements exist between parties sharing the driveway and driveway
approach. Parcels having frontage on more than one public road shall be allowed a driveway approach to one
pubiic road.
(b) Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way
(ine.
(c) The total width of driveway approaches to up to two single parcels of land from a single road shall
not exceed 20 feet.
(d) A curb cut shall not exceed the width of the driveway approach at the property line by more than
ten feet.
(e) No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of
a corner.
(fl For residences constructed after July 25, 1986, the driveway approach and that part of the
driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent
paving. Where it has been determined by the city's public service director that driveway and/or driveway approach
existing on July 25, 1986, is causing a maintenance problem on the road, including but not limited to the washing
of dirt and gravel into the road, the public services director shall order that the property owner pave such portion of
the driveway and/or driveway approach as is necessary to remove the maintenance problem. Portland cement
concrete will only be allowed from the driveway up to the public right-of-way. This requirement shall not be
construed to reduce paving otherwise required by performance standards in chapter 78 or required as a condition
to the granting of a conditional use permit, lot division, subdivision or as designated in the approved site plan.
(g) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a
state highway, county road or collector roadway as determined in the comprehensive plan, and on all entrances to
public roads within the city where deemed necessary by the public services director, based on traffic counts, sight
distances, street grades and other relevant factors. If a driveway turnaround is required by the public services
director, such requirement shall be stated on any permit issued by him pursuant to this article.
Sec. 78-1. Definitions
Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that
occurs within the principal or accessory building on the property and does not change the primary residential use of the
property. Level 1 and level 2 home occupations shall be as defined in [section] 78-1376.
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 commercial or nonpassenger vehicle, whether such
use or parking is in a building or outside.
22 October 2010
3596 Lyric Ave/Home Occupation
Page 3 of 4
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 regu/ations.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.
(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-1 B, 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 finro 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
1 . �
22 October 2010
3596 Lyric Ave/Home Occupation
Page 4 of 4
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 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.
(fl Reasonable accommodation fordisabled 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 applicanYs physical limitations to function
within such requirements.
22 October 2010
3596 Lyric Ave/Home Occupation
Page 2 of 4
Sec. 18-106. Required.
It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach,
driveway turnaround, curb cut, roadway surtacing or any other private improvement in any road or other property in
the city without a permit in writing from the city.
Sec. 18-136. Residential driveways,approaches and turnaround.
(a) One driveway approach shall be allowed from up to two single residential parcels of land to the
same road, provided that appropriate easements exist between parties sharing the driveway and driveway
approach. Parcels having frontage on more than one public road shall be allowed a driveway approach to one
public road.
(b) Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way
line.
(c) The total width of driveway approaches to up to two single parcels of land from a single road shall
not exceed 20 feet.
(d) A curb cut shall not exceed the width of the driveway approach at the property line by more than
ten feet.
(e) No portion of a driveway approach, except the curb return, shall be constructed within 100 feet of
a corner.
(� For residences constructed after July 25, 1986, the driveway approach and that part of the
driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent
paving. Where it has been determined by the city's public service director that driveway and/or driveway approach
existing on July 25, 1986, is causing a maintenance problem on the road, including but not limited to the washing
of dirt and gravel into the road, the public services director shall order that the property owner pave such portion of
the driveway and/or driveway approach as is necessary to remove the maintenance problem. Portland cement
concrete will only be allowed from the driveway up to the public right-of-way. This requirement shall not be
construed to reduce paving otherwise required by performance standards in chapter 78 or required as a condition
to the granting of a conditional use permit, lot division, subdivision or as designated in the approved site plan.
(g) Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a
state highway, county road or collector roadway as determined in the comprehensive plan, and on all entrances to
public roads within the city where deemed necessary by the public services director, based on traffic counts, sight
distances, street grades and other relevant factors. If a driveway turnaround is required by the public services
director, such requirement shall be stated on any permit issued by him pursuant to this article.
Sec.78-1. Definitions
Home occupafion means any gainful occupation carried out by the occupant of a residential dwelling unit that
occurs within the principal or accessory building on the property and does not change the primary residential use of the
property. Level 1 and level 2 home occupations shall be as defined in [section] 78-1376.
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 commercial or nonpassenger vehicle,whether such
use or parking is in a building or outside.
22 October 2010
3596 Lyric Ave/Home Occupation
Page 4 of 4
business.
(12) The hours of operation that a home occupation may be accessible to the public shall be limited to the
hours befinreen 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 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 Attomey 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.
(fl Reasonable accommodation fordisabled 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 applicanYs physical limitations to function
within such requirements.
22 October 2010
3596 Lyric Ave/Home Occupation
Page 3 of 4
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 level2 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.
(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-1 B, 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 surtaces, may be placed on the property.Such sign,if displayed,
shall include only the name of property owner and the site address, and shail not identify the type of
Hennepin County Property Map Print Page 1 of 1
Hennepin County Property Map - Tax Year: 2010
The data contained on this page is derived from a compilation of records and maps and maY contain discrepancies that can only be disUosed by an accura[e survey pertormed by a licensed
land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The informaGon on this page should be used for reference Ourposes only.
Hennepin County does not guarentee[he acwracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.
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Selected Parcel Data Date Printed: 10/19/2010 3:02:49 PM
Parcel ID: 17-117-23-43-0153 Current Parcel Date: 10/6/2010
Owner Name: ERIK L ONKEN&PAUL ONKEN
Parcel Address: 3596 LYRIC AVE,ORONO, MN 55391
Property Type: RESIDENTIAL Sale Price: $207,000.00
Homestead: HOMESTEAD Sale Date: 04/2008
Area (sqft): 26348 Sale Code:WARRANTY DEED
Area (acres): 0.60
A-T-B: BOTH
Market Total: $199,000.00
Tax Total: $1,534.18
http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 10/19/2010
, �
� O�
.O �w O CITY of ORONO
���_ Municipal Offices
�`:� .
� `' '� � Street Address: Mailing Address:
,nl`�
"�+�� :� G,�,�' 2750 Kelley Parkway P.O.Box 66
,� Oronq MN 55356 Crystal Bay,MN 55323-0066
��x'Esxo�'`'
24 May 2011
Erik L Onken & Paul Onken
3596 Lyric Avenue
Wayzata, MN 55391
RE: Illegal Home Occupation / Illegal Curb Cut
3596 Lyric Avenue
This letter is to notify you that your property was inspected on May 20, 2011 for compliance. No
contractor vehicles or equipment were present on the property. Thank you.
The inspector observed the unpermitted third curb cut has not been fully restored. You may not use
this access. Please seed or sod the area so it is no longer in violation. The inspector also noted a
newly constructed deck on the property, built without the proper permits. Construction without a permit
is in violation of City Code Section 86-37 (copy attached). Enclosed is a building permit application. A
double fee will be applied as the work was conducted prior to a permit being approved.
This letter will serve as your notice that the property must be brought into compliance before
Thursday, June 2, 2011. In order to bring your property into compliance the third curb cut must be
completely removed and a building permit application must be submitted before June 2, 2011.
If you have any questions, please don't hesitate to call me at 952.249.4620.
Sincerely,
CITY OF ORONO
�
Christine Mattson
Planning Assistant
c Don DeBaere, Orono Public Works Streets Supervisor
Lyle Oman, Orono Building Official
Telephone(952)249-4600 •Fax(952)249-4616
www.ci.orono.mn.us
. .
May 24, 2011
3596 Lyric Avenue
Page 2 of 2
Sec. 86-37. Unlawful acts.
It is unlawful for any person to:
(1) Do any work without first obtaining a required permit from the city authorizing such work.
(2) Do any work beyond or outside the scope of a permit issued by the city.
(3) Do any work prior to obtaining a required inspection and approval from the city, including failure
to request any required inspection.
(4) Fail to comply with the terms or conditions of a permit issued by the city, including failure to
comply with all building or zoning requirements.
(5) Fail to comply with any correction orders lawfully issued by the city when any work done is found
to be in violation of or noncompliance with permit requirements.
(6) Fail to stop or suspend work on any project or portion of a project in accordance with a lawfully
issued stop work order.
(7) Fail to pay any permit fee, inspection fee or reinspection fee.
(8) Fail to comply with the terms and conditions of any building or zoning occupancy certificate.
(Code 1984, § 12.08)
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