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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 � � ❑ 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: W '�l Cu,_.,� C.I,U a � J O � � O � �i. W � Q Z �'� ��Jl W �� � W � � d W ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE � ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY W � ❑ 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 / n l:� � � 0 c. �\ � II CITY of ORONO a. � � � � ���� ��� � � � ,�, ,y�� �, ���� Municipal Offices F'���Sl ti' � a W�_��t��. , G ,� 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 . . . . . . . ■ Complete items 1,2,and 3.Also complete A. Sic�nawre, ,, • item 4 if Restricted Delivery is desired. � t ,�f�, ❑Agent ■ Print your name and address on the reverse X ��' ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �`��`,`�� � Q ���� or on the front if space permits. �� D. Is delivery address different from item 1? ❑Yes 1. F�rticie Addressed to: If YES,enter delivery address below: ❑No Er►K. On�ev�. r.�Pau,��nK.e,� �� Lyr��. l�� W�, ��,n�1M� 5��, 3. Service Type �L-� Y'` �Certified Mail ❑Express Mail ��Cj`Registered ❑ Return ReceiptforMerchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Deliver�/1(Extra Fee) ❑Yes 2. Artic (Trar PS For . . , �2sss-o2-M-�sao . � , ��� . � - . . m .. . . �7 � �' � ��' r? �; �.; Q' � �,. � � rr�,� � Q' Postage $ i ! �-- r-� /0 Certitied Fee 2 �'O w � � Return Recelpt Fee �p`a.s,tmar�o � (Endorsement ReqWred) 2. � O�O� `►�erb 0 Restricted Delivery Fee p (Endorsement Requlred) flJ �,fy'/���— OTotal Postage&Fees $ 5.5 4 "�Y �.1�!�� oSent,jo , ---����--6Y1K¢.�'1--q"---�-�----�---l---Q�Y.�.�'1----------------- p Shee A t. o.; -- N or P � �y�-e------- �------ .- -------- . ,- -- -- -- - ------------------------------- City,Stat hZIP+'n ���1 \N L�A :� �1. � o� O :� O CITY of ORON� � Municipal Offices �'���<- �"��=_ � �., Street Address: Mailing Address: � � ,.::�4�, '�+�� � ' „�j�(� ,�,�' 2750 Kelley Parkway P.O.Box 66 ,�G Orono,MN 55356 Crystal Bay,MN 55323-0066 �`sk'ESH�g' 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 � , . � . . . 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 �`� O�� 1'' ��� ��K�^- - �� , _I�,� 1�N� 3. Service Type ��'i � �� �ertified Mail ❑Express Maii I ❑Registered ❑Return ReceiptforMerchandise `l�'n�'�n� �� �C� ❑Insured Maii ❑C.O.D. v\/V' f/w 4. Restricted Delivery?(Extra Fee) ❑Yes 2, Artic�eNumt�er 7pp7 p22D ���� 1,989 7671, (Tiansfer from service IabeQ PS Form 3811,February 2004 Domestic Retum Receipt ��-M-��o . � �� . , � . ,-� �, • . , �� r�- . r � ��-,,, � �..' � ��� �, ,'��., --J - � , p^ Postage $ PysTAL e • '� b q Certified Fee J Postm � ,� ��hC Here Z O Return Receipt Fee ,� 0 (Endorser,ient Requued) o ���o�o wu Restricted Delivery Fee , � (Endorsement Reqwred) � � $ sAs � fLl Tatal Postage&Fees O O Se�-,�---- ►� �- �a�,l �n---�'_`---------------------------------- ---------- -.------- -- � Stre � � or�� ���.. -------'-'-'--------------'----------- wa�Za�_ N �q� � ,,. 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. � � „g�� �� �..��*�^i M+�..-_ ','q ,� � �� ��'�� .:. ��` � . � + � '�� .3 , • �',� ^... ' t ir� . �� c. h .,�- � . . � �'.e !!� _ `�� `.. L J ;\ ;I,. � '�iFe �1,^i. . �;. .Y ,�� y� t '. �`A �'� y r �,'. � ��. � ,.` ,� z�" � ��• ', . , _ �, .� .;�c'1 ��_ f 'r;�. _. . . d�. .5��_ � __ . y r� � � �' y� . I,�.t� �� �{ . y aY . � � ��� , 9~ ;4. ,�. -++. `\ '». , .. e . \ .,. . ... � ' ' . �t _ � 4� ,� �p �� , . # 4� � ��°^�- .� a�. �� '�� . �t. 1 t i kL '^e � t r: �� i 1 _�y4 �,y�5 �S ��� ",� "�g� -« �4! , �, � � ' " " ..� �_. �C -� ' ;'` , - � �; �<. .. � � � �: �` ! S 1• � ..�� .r�.:. �,,, ! .�. "t,:�+. „ � �fr• � 1 ... . � _.. . � . . . t'.'R- t �'�` �+. . . , z ;�- - � ��r �� : . . �� � { . , s .. � � � . �� r. � .. m �6 �41.� �;i ��.. �11 ` � f . - a� �. ' � . ,. 1 � 5 x .� ��1` � � � . . ',.. � � , . - � y.. r `..� ,\ � � � . ' �� . . 4 . .. . . . y ��s. I � K��^��ir't.'r�Y .. . ., `... � , _��t . � aaiwF �:A li �:�: � �' }�,' � ,•. j 1 �,�Y . � � �'m �tY� /(�V 'f.�+ t � � � ��� � ��� . ��� � � � v r�y � '�:'�.�a � �,� -.,,� '� � '`, . { � 1 +� �` , � �'s =;�� ��, � r ',, ' �. .�. _ . ='�'.� ,.�,�`�r s;+. �W , '.�y:�', 1 � �.�`• `1 �wa�..t�� ' � � LYFIIC AYE � � LYRIC AVE � �� � „`t _ :, `ti ° �. � E � � \ '. ` .� \ k, . -� � . ... � te ;e a �,i,'�. 4 'a,�, �'w�t��l.� _.,�A..,��% x,'yy 'P V� lOti �,. .. . . . • . . � - � � �,^� �� j � YY�\ .. � . A b �� � ' . . ��„°� . � �.a � _3C4 ..��. � SS9G ~ _bR�_ �� " �` �� .� 3SS4 � � � A' �,� -i, _., 7 "�� �t",'...:� 4 *r . � « ,� �� �. �..` � � •� 'Y , ��q� � . , � � � R � -_ �: � :a .�_ _— _,_ 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) , _ , . . ' '} �.. . . -.a_._ . -,� ,�, :� � �.:. � .' �"� J_ 1 . 5 _��,��. � .���� �;��, ' , - . . ;1 ? �,h _ 'x x„ ,' . `�� .l« a� S - y� f �, ti. ��., `�7� � . ...j 'j �� . i ,mr.�- ++�2' f� � • � ; � �'i..i.�� � �.. ►..,,,,,,,,� . .. � - . . _.., . a .�, , �',�� , �,.,._--- *��` + ,� -s� ,.. 4, � � ,; _ . . _ .. - .. - _. _ _ ' ,' - ""� Y�y�9 �n q�l�.�.. �.:�� '1. " ..nY�—^�"�,---.,.� .__ .._. ..... � . . . �i y . � � � � �� �.. - `e y 1. . . .,.---'T�'�:� _:— �_- ." 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CONTRACTOR � DESCRIPTION V �O�l.'l � ��)1���!���i�� � ❑ FOOTING ❑ PLUMBING 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 J ❑ 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: � W _ � ,'�' a � � J � "-l " �Q�.t'�b C�1,;� �.1��� ��V�t��� . . 0 � W � Q � Z W � W � � d W ❑WORKSATISFACTORY:PROCEED ❑ PROJECTCOMPLETE � ❑CORRECT WORK 8 PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY W 0 ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY V BEFORECOVERING PERMANENT ❑CORRECTUNSAFECONDITIONWITHIN HOURS. �HOTOTAKEN INSPECTOR WILL RETURN �STOP ORDER POSTED.CALL INSPECTOR �CITATION ISSUED ❑ INSPECTION REQUIRED.CALLTO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (g52) 249-46�0 OwnerlContractor Inspector_ White Copyllnspector's File Canary Copy/Site Notice