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Home My WebLink Aboutcomplaints/violations/court 3�� v�� ,� June 26, 2008 Clair Rood RE�'�'j �. 3280 Navarre Lane �� Wayzata, MN 55391 "�� 710�� C/Ty pF oRoNo To: Lyle Omann City of Orono 2750 Keiley Pkwy. Orono, MN 55356 Dear Lyle, Please be advised on the activities taking place at Mike Swanson's house as he is operating his Seal Coating business from his house. There are employee cars parked each day as well as seal coating trucks parked each night. Apparently Mike and his group tear up and down the street taying rubber, etc. 1 received a letter from Bob Ritchie stating he has no knowledge of the culprit. However 1 have witnessed Mike and/or his employees driving recklessly on several occasions. Perhaps a letter to Mike Swanson reiterating the fact that this is a residential area and not a commercial or industrial area would be appropriate. He should be operating his Sea Coat business from a different location. He operates his dock pounding business from his home. I would think that would be enough. However those dock pounders also race up and down the street. Thanking you, �� Clair Rood _ �� -�'p C��{� �/U c�i cv /3-�a..� p/1�✓i�S - �1,�}t9/u�`�� t s-�-1 �---o IGew l'd�S - 2 c...re-e-��s � -i.~�� C-��'�'Q s/��// �c n v,,J�y S �✓�=�" ��o�� ,��,r g � , .�-�� .._.�- i � � � a . � j �""` � . �� r�. ,�� ' ' ,�.._ - � �h.- .,�'�' � �o ° __-__ ..� . �"GV"WV � � rt ��,�,+ � w � �� .� .� >r ��..�-, ,�'�:�" ��,"`r`, To : All my neighbors From : 3220 Navarre Lane (Bob Ritchie) This is a reply to the note I received 6/22/08 (enclosed) I have owned and used this building since 1976. The Building is used to store older cars used by myself and my sons . The skid marks were not done by my cars. To my knowledge there has never been careless or reckless driving out of my building. I understand your concern if you let me know the color and or make of the car , please call me and I will track the offender down. 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Y p� '"��"�.a ��. . � s M � . x�.. ,'� k,.�A;�• i�. � ,,�.� ��'7;. � ��1'd.., .fi' ��e' P�� '� a �`j=� }�� ` _� � ��...�f� ��.w �: � �� ` ,� �,,. � � �` ��, , . ,. � � r:f � � �� `�t � �' �' � �� "� � �� ,: �t �'.� .� � ,a, . . �. 33 no ov,4 v�rc� (�-n�. RFcF�V�O KENNETH N. POTTS, P.A. 5101 Thimsen Avenue MqR o Attorney at Law Suite 200 C�TY F S 2p�6 MINNETONKA,MINNESOTA 5534� ORO TELEPHONE(952)474-4240 �Q TELECOPIER(952)474-0987 March 2, 2006 Mr. Greg Keller Attorney at Law 351 Second Street Excelsior,MN 55331 • RE: State v. Michael John Swanson Dear Mr. Keller: I did have the opportunity to speak to Lyle Oman, the building official with the City of Orono in regard to your client. Mr. Oman indicates that things are "quiet" now because Mr. Swanson's business is primarily that of seal coating and seasonal dock maintenance and installation. Mr. Oman reminded me that Melanie Curtis previously had contacted Mr. Swanson who told Ms. Curtis that he understood the City's position on the illegal home occupation but will continue to operate it as has been and will continue to bring commercial equipment to his residential property as he sees fit. Therefore, as you can imagine, Mr. Oman doesn't feel that your client has been very accommodating and will continue to run his business and disturb the peace and quiet of the neighborhood. While I understand your position that you do not believe that the ordinance is very well drafted I think it is clear that he is violating both the letter and spirit of it by continuing to run a business, particularly with heavy equipment, wherein a number of times he starts his business at 6:00 a.m. in tl�e morning which quite obviously would disturb the neighbors. I have charged him with a Petty Misdemeanor; however, he was in violation for approximately 45 days. I would be requesting that he plead guilty with a substantial amount of the fine being stayed on the condition that he not engage in a prohibited occupation in the next year. Mr. Greg Keller Page 2 March 2, 2006 . Please review this matter with your client and we can discuss it when we meet again on the 14th. Thank you for your attention to this matter. Sincerely, Kenneth N. Potts KNP/sb cc: Lyle Oman, City of Orono � Sgt. Kurt Erickson, Orono P.D. KENNETH N. POTTS, P.A. ''�'�^,_,.�.�,,�"�•.,�"'" _�"'.."S';; Attomey at Law S�^��:�'��'v��:.��'�L3'�.� t�'t i�� <�'�,°� „"'""�. `' , .�"'�..w,.�'`��.�,,,� 'P°�, .�,�. �"K 5101 Thimsen Avenue � ; � SU�IP. 2�� t s ... ,!�'''!� 7 ��r,? {.. ,�:. _.., j�...,,� �� . t n - ,. .. .. . �__� � . ;a,� .. � .- .<- _„'ya:..�. ..,., ��' . Minnetonka, MN 55345 �FC��V�� AY � 9 20p6 Ms��Melalnie�ICu�rtisll CIT y�F�Rp City Planner �� City of Orono P.O. Box 66 Crystal Bay, MN 55323 � ___='��_ � _ i=i=i3�i�i�t:il<<:i�i�=il=il=:3i1��=iir::il=;=ii��,il,�l+=1=1 KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA,MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 May 18, 2006 Ms. Melanie Curtis � RFCF�� Crty Planner q y �. Fp City of Orono L' �9 P.O. Box 66 /T yQFO Z��6 Crystal Bay, MN 55323 RoN O Re: State v. Michael Swanson Dear Ms. Curtis: The above-entitled case has been continued to June 27, 2006 at 2:00 p.m. at the Ridgedale courthouse. I briefly spoke with Lyle who indicates that Mr. Swanson has removed all of the heavy equipment. However, he indicates that employees are coming and going from the property. In any event, when the court trial date approaches I will be in touch with you to advise you as to what you need to bring to court on the 27�'. Sincerely, Kenneth N. Potts KNP/sb � - �- 2 yr_ �� A � 3� S' �, -cs 6 �16 -� ��s 7 So /��-� �vc� -Zyy L-C G�1 - Z � ,3 2V 2-f�7 �H Z - s�� /V��l G� �V'C.J -Z 4 y 2 �U S. �/r,.i'el�5 T/�/GGG v � �-�-� �t�s l..v�c� s,-9 - � L .�iG �G 3 ��- 2yy r��z-.�� Z �v�l�c s y - z 2 l.� z s�7 �vw -z yry C�e!.c/-z r,3 `� -Z(-' c�� '�'� ��x.y. ��!� � '�v a ��✓C.G�S W i 7��" ��t ��O ,�/� -�� - 7'G'�.✓Gles �� r'V9'(_ C.Gw. Z i� l�V 6 �l 6 �l y zs - d� �:�,� � ��w � Z�,y G c C.v .2/3 �./-!�' S '7 7 �^�°� ��'� `hR,�clI � "�'a ��`� _ ,�/1- G�� S z /�t/G,/ _ z�y lZi-► z -�-�� 7'A-� �iz - s�� v�-ZYy �c� ,-�3 �� et� v — l� -� S' .3• b� ,S ' �v�v - zs� � v�� ` La �s ,�'6 y6� 2'4 c.�v Gn.��-�� i�'v�it � -��- � N �Y6 � /1. ��5�.� � -s'��n� /Q�(Z � 7 �v�,–� ��, ��y�. � � �c �`�� 2-y y �,4 Z�-S» �� 13FZd,.�r.�P rZ/�/ `�bs 3�9� S_ p A c�--r✓k /��2 �/,��4d� ( I'','i:??tE,.r at `�lf a��?tltalilf� �',,;�r; I'ar{ry;1�' i!tl'�i' 4124/2006 5/8/2006 46J387 DVW244 LCW213 James Oliver Koski RVZ577 RHZ577 Jason Daniel Haupt NG468 DVW244 Nicholas Richard Schwalbe 4125/2006 5/9/2006 DVW244 Nicholas Richard Schwalbe NG468 RHZ577 Jason Daniel Haupt RHZ577 DVW244 4128/2006 LCW213 LCW213 James Oliver Koski 5/10/2006 5/Z/2006 LCW213 NG468 DVW244 Nicholas Richard Schwalbe DVW244 RHZ577 Jason Daniel Haupt RHZ577 LCW213 James Oliver Koski 511112006 51312006 RHZ577 DVW244 Nicholas Richard Schwalbe DVW244 NG468 Sandra Jane Niccum NG468 5/12/2006 No Vehicles Rain Day 5/15/2006 NG468 RHZ577 DVW244 . . Nicholas Richard Schwalbe Bernard Borg Bader Sandra Jane Niccum Sandra Jane Niccum Jason Daniel Haupt Nicholas Richard Schwalbe James Oliver Koski James Oliver Koski Sandra Jane Niccum Nicholas Richard Schwalbe Jason Daniel Haupt Jason Daniel Haupt Nicholas Richard Schwalbe Sandra Jane Niccum Sandra Jane Niccum Jason Daniel Haupt Nicholas Richard Schwalbe KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA,MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 Apri120, 2006 �FCE/V�� C qPR 21 200 Mr. Lyle Oman /Ty� 6 Building Official F ORpN� City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 RE: State v. Michael Swanson Dear Mr. Oman: Mr. Swanson did retain the services of an attorney and has continued his not guilty plea. Therefore, the matter is set on for a court trial for 1:30 p.m. on May 23, 2006 at the Ridgedale courthouse. I will need to have someone come to court and testify that they observed the violations in person. I would also ask that you bring original photographs that were taken showing the violations and the date that they were taken. If you have any questions concerning this procedure please give me a call. Sincerely, Kenneth N. Potts KNP/sb KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA,MINNESOTA 55345 T'ELEPHONE(952)474-4240 TELECOPIER(952)474-0987 February 9, 2006 �ECEIVEp Mr. Lyle Oman FEB Y � 2006 Building Official City of Orono C�T�'OF pR�N� P.O. Box 66 Crystal Bay, MN 55323-0066 RE: State v. Michael Swanson -330� N�AJ/4,�'�C�"� G/4ri� Dear Mr. Oman: Please be advised that Mr. Swanson has retained the services of Attorney Greg Keller who continued the arraignment on this case to February 14, 2006. After I have spoken with Mr. Keller concerning this issue I will contact you. In the meantime, I would appreciate it if you could make another quick inspection to determine whether or not Mr. Swanson is now in compliance with the ordinance. Thank you for your attention to this matter. Sincerely, enne N. Potts KNP/sb cc: Sgt. Kuri Erickson • _. _ -- _ _. _ - - ------- __ _ - �� , �; ;i, .,�` STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT COUNTY OF HENNFpIlV 3rd DNISION Orono STATE OF MINNESOTA COMPLAINT x SUMMONS vs Plaintiff, _ WARRANT Name Michael Jon Swanson � _ CALENDAR DATE first middle last Date of Birth Address 3300 Navarre Lane Calendar Date City/ Wayzata, MN 55391 State ?ip Code Driver's License No. COMP LAINT " Inv. Correy Farniok ; Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s). The complainant states that the following facts establish PROBABLE CAUSE: Your Compiainant is an official with the Orono Police Department and in that regard has reviewed the reports of Melanie Curtis and Lyle Oman, Bui�ding Officials and City Planners with the City of Orono, and learned the following: continued on next page DENISEM. LESKINEN � NOTAI�Y PUBLIC-MINNESOTA My Eommission Expires Jan,31,2010 � �-�� W�ERFfFhO�ZE,�Cto Splai nt rays that said offender may.be ar � e nd d t wit according to law. / Prosecutor's Name bc S.ignature Complai t's Signatur Sworn to and subscribed and complained of before me this day of 20 SeCtion Orono Ordinance 78-1376(e) (7) Charge Prohibited Home Occupation As Petty Misdemeanor �udge of District Court r Lyle Oman's report indicates that on May 10, 2001 he received numerous complaints from the neighbors of Michael Swanson who resides at 3300 Navarre Lane in the City of Orono, County of Hennepin, State of Miru�esota. The complaint concerned Swanson running a business out of his home in violation of the City's Home Occupation Ordinance. These complaints continued ove�'�the years. On August 9, 2005, Melanie Curtis conducted an inspection of Michael J. Swanson's residence and observed a vehicle with the business logo of "Seasonal Services of Lake Minnetonka" parked on the property. The license plate was CBA 107 and was registered to a residential address. Photographs were taken showing numerous truck disp�ayingf �arge commercial advertising, lawn equipment, seal coating. On August 12, 2005 a letter was sent to Michael Swanson asking him to cease and desist from running a business out of his home. Subsequent to August 12, 2005 the building officials with the City of Orono conducted inspections and found that the illegal use had not been discontinued. Storage of equipment and materials for a contractor business continues to be housed on residential property illegally. On September 21, 2005 a certified letter was sent to Michael Swanson asking him to cease and desist and he has failed to do so. OFFENSES Based upon the foregoing, Complainant states that on August 9, 2005 through September 21, 2005 in the City of Orono, the Defendant did: COIJNT ONE: PROHIBTTED HOME OCCUPATION (Orono Ordinance 78- 1376(e)(7)) Maacimum Penalty: $300.00 per day Michael Jon Swanson did engage in a prohibited home occupation by engaging in a contracting, excavating, welding or machine-shop business from his home in violation of Orono Ordinance 78-1376(e)(7). Th� prosecutor certifies pursuant to M.S. §609.131, Subd. 1 that it is in the interests of justice that the Defendant not be imprisoned if convicted of the above-referenced offense and therefore certifies it as a petty misdemeanor. KENNETH N. POTTS, P.A. 5101 Thimsen Avenue Attorney at Law Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE(952)474-4240 TELECOPIER(952)474-0987 November 14, 2005 Mr. Michael P. Gaffron Planning Director City or Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Mike Swanson Dear Mike: I enclose a copy of the e-mail I received from Melanie Curtis. I would appreciate it if you would send me the documents that you have in your file including the Notice of Illegal Use and also make copies of the photographs. Also, please send me a copy of the pertinent ordinance so that I can determine whether it is appropriate for me to charge him criminally or refer the matter to the Orono civil attorneys. If you have any questions concerning this please give me a call. Sincerely, J Kenneth N. Potts KNP/sb Enclosure Page 1 of 2 Subj: Enforcement Action -Request Date: 11/8/2005 2:33:29 PM Central Standard Time From: MCurtis@ci.orono.mn.us(Me/anie Curtis) To: pottskatty@aol.com(Ken Poits) CC: MGaffron@ci.orono.mn.us(Mike Gaffron) File: ViolationLetter 2.zip(15517 bytes)DL Time(48000 bps): < 1 minute Ken I have an enforcement issue..... I've issued an informational letter and a notice of violation (both attached)to a resident, Mike Swanson at 3300 Navarre Ln, who owns contracting businesses... Seal Coating, Seasonal Maintenance and Dock installation and repair etc. he runs these businesses out of his truck(?)or out of his home as I understand it. Very often he brings equipment on trailers or numerous vehicles(bearing the business name) to his home where they are parked overnight or until he needs to use them. Also, his employees often come to the property to congregate either before or after work and to pick up equipment at which time they also leave their vehicles parked on the City street for the day. Swanson indicated to ms that h�undsrstands the City's position on the illegal home occupation but will continue to operate as he has been... and continue to bring commercial equipment to his residential property as he sees fit. Swanson also indicated that if"forced to"he will remove the business lettering from the equipment, trailers and vehicles and park them "all over his yard". Swanson informed me that he has rented a storage facility outside of Orono where he is able to sto�e most of his equipment but sometimes it is inconvenient to bring equipment/trailers there at the end of the day. In short, I have issued notice (by regular and certified mail)of the illegal use, told the property owner that the use must be discontinued by October 10, and now am at a standstill... please advise as to my next step. I have photos of the vehicles, trailers and equipment at the home—and can continue to get additional documentation if need be. Thank you, Melanie p.s. At any time in the next couple of weeks I will be out on matemity leave until sometime mid-January. If you could give me your initial thoughts as soon as iYs convenient for you it would be best, and if another staff person must handle this in my absence I will see that they are up to speed. And...just in case please copy your correspondences to Mike Gaffron mgaffron _ ci.orono.mn.u_s as wetl. Thanks! Melanie Curtis City Planner, City of Orono 2750 Kelley Parkway, Orono, MN 55356 Phone: 952-249-4627 Fax: 952-249-4616 www.ci.orono.mn.us -------------------- Headers---------------------------- Return-Path: <MCurtis�ci.orono.mn.us> Received: from rly-ya01.mx.aol.com (rly-ya01.mail.aol.com (172.18.141.83]) by air-ya04.mail.aol.com(v107.13) with ESMTP id MAILINYA43-13743710b6a82; Tue, 08 Nov 2005 15:33:29-0500 Received: from or-fs1.ci.orono.mn.us (mail.ci.orono.mn.us[156.142.10.123]) by rly-ya01.mx.aol.com (v107.13) with ESMTP id MAILRELAYINYA11-13743710b6a82; Tue, 08 Nov 2005 15:32:42-0500 Content-class: urn:content-classes:message (�AIME-Version: 1.0 Content-Type: multipart/mixed; boundary="----_=_NextPart 001_01C5E4A3.9152526D" Subject: Enforcement Action -Request Tuesday,November 08, 2005 America Online: PottsKattv � '�— ,_ __._ _- � �, � O �, li;!O ,. O `,,�, '� '' CITY of URONO I I.r� �'` ' �;I I 4 �, ; Municipal Offices ', � ti � ', \ � �' G ' Street Address: Mailing Address: � ' ¢'�i : 'qJtE$Kp , , 2750 Kelley Parkway P.O. Box 66 August 12, 2005 Orono, MN 55356 Crystal Bay, MN 55323-0066 Michael J. Swanson 3300 Navarre Ln Wayzata, MN 55391 RE: 3300 Navarre Lane Home Occupation/Illegal Use/Contractor Business The City received complaints regarding a contracting business activity being conducted at the above address. During a drive-by inspection by City staff on August 9,2005,a Chevy truck was observed bearing a business logo of"Seasonal Services of Lake Minnetonka Inc"parked on the property. That vehicle,MN license plate CBA107, is registered to your residential 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 shop and/or storage associated with a prohibited home occupation is strictly prohibited within a residential district. Therefore,this letter will serve as your official notice that you must discontinue operating a contracting business from your residential property. The office of such a business is permitted however any storage of materials,vehicles or equipment(either outdoor storage or within a garage)associated with the contracting business is strictly prohibited. Please discontinue this activity upon receipt of this notice; your property will be reinspected periodically to assure compliance. Please call me at 952.249.4627 should you have any questions. Sincerely, City of Orono . Melanie Curtis City Planner Encl: Ciry Code 78-1376 Telephone(952)249-4600 • Fax(952)249-4616 www.ei.orono.mn.us � � � • y Page 2 of 5 Swanson, 3300 Navarre Ln 08/12/OS 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) Leve12 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. Leve12 home occupations are required to be licensed under the provisions of section 26-76. Level 2 home occupations may include but are not strictly timited 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. 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 level2,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 sha(1 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 occzcpation 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: I '� + � � Page 3 of S Swanson, 3300 Navarre Ln 08/12/OS (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 properiy 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 s�vimming. In the RR-lA and RR-1B, one-family rural residential districts, ho�r►e 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 fuily enclosed building.Noise, odors or vibration from the operation of such vehicles shall not be discernible at the properly line, (9) No equipment, machinery, or materials other than of a type normally found in or compatible with .�. � ^ � y page 4 of s Swanson, 3300 Navarre Ln 08/12/OS a dwelling unit shall be allowed. (10) No retail sales and delivery of products or merchandise to the public shatl 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 properiy. Such sign, if displayed,shall include only the name of property owner and the site address, and shall not identify the type of business. (12) The hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m. . (13) The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five customers or clients per day, or more than two customers at any given time, may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the zoning administrator to determine impact shall include, but not be limited to: a. The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability,and screening. b. Type of street,width, and traffic volumes. c. The availability and location of off-street parking. (14) Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 7:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used 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. (l6) 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. � � i . Page S of S Swanson, 3300 Navarre Ln 08/12/OS (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 for disabled persons. Persons with physical or other legally recognized disabilities may request reasonable accommodation by requesting a waiver of one or more of the requirements of this section. The zoning administrator may only grant waivers on the basis of the applicant's physical limitations to function within such requirements. � � � . . • • A. Si naturr �q9ent ■ Complete items 1,2,and 3.Also complete X �f ❑Addressee item 4 if Restricted Delivery is desired. l� N� ■ Print your name and address on the reverse B. R __.v e d.b y(P r�C►t g d Name) C. te of Delivery so that we can return the car d to y o u. �1 (1�f�k� �° '��-� ■ Attach this car d to the back of the mailpiece, ❑Yes o r o n the front if space permits. D. I s delive ry address different from item 1 � N o 1. Article Addressed to: If YES,enter delivery address below: �,��haU S y��sv✓� �� N a�a� N 5�3� � 3 rvice Type W(/�12�� Certified Mail ❑ Express Mail ✓ ❑ Return Receipt for Merchandise .. , ,�- R�9ister�ed �- :,� : Insured'J�ail ❑C.O.D. ,,= y 4. Restricted delivery?(Extra Fee) ❑Yes _ . �.. -- . 2. Article Number '�a(�i7=�L}]�O p 0�2 9 8 8:1 :��18 8 (Transferfrom s _, � 102595-02-M-1540 PS Form 3811,August 2001 Domestic Return �Pt . � r • � � � � � .I . 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Box 66 \ --- ---—� Orono, MN 55356 Crystal Bay, MN 55323-0066 May 10, 2001 Michael Swanson 3300 Navarre Lane Wayzata, MN 55391 RE: Home Occupation Viotation Dear Mr. Swanson: The City has received numerous complaints about parking and activity related to your businesse Your home is in a residentially zoned district where operation of a business is not allowed. Therefore the City must require you to cease this illegal use of the property, a deadline of May 28, 2001 has been established. If the deadline is not met the City may initiate legal action. If you have any questions, please feel free to contact me at my office (952) 249-4600. Sincerely, � �� Lyle Oman Building Official rd Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us � � � � � , ,; ;, � �� CITY af ORt,1�T0 °a �, ,, Municipal Offices ��,� , ` G~ Street Address: Mailing Address: '9JfEs�,gp¢� 2750 Keliey Parkway P.O. Box 66 September 21;2005 Orono, MN 55356 Crystal Bay, MN 55323�0066 Michael J. Swanson 3300 Navarre Ln Wayzata, MN 55391 RE: 3300 Navarre Lane Home Occupation/Illegal Use/Contractor Business You were informed in a letter from me dated August 12,2005 (enclosed)your commercial use of the property at 3300 Navarre Lane was illegal and must be discontinued. During subsequent property inspections it is apparent that the illegal use has not been discontinued. Storage of equipment and materials for a contractor business continues to be housed on the residential property illegally. Therefore this letter wi(1 serve as your official notice that you must discontinue any the illegal commercial use of your property by October 10,2005 in order to avoid legal action by the City. Home occupations within the City of Orono are regulated under City Code Section 78-1376 which was previously mailed to you. 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 shop and/or storage associated with a prohibited home occupation is strictly prohibited within a residential district. The office of such a business is pennitted however any storage of materials,vehicles or equipment(either outdoor storage or within a garage)associated with the contracting business is strictly prohibited. Please discontinue this activity by no later than October 10,2005 or this matter will be forwarded to the Orono City Attorney for legal action;your properiy will be monitared to assure comp(iance. You may contact me at 952.249.4627 should you have any questions. Your immediate attention to this �natter is appreciated. Sincerely, City of Orono G�� Melanie Curtis City Planner Encl: Letter dated 08-12-0� c: US Mail Certified Mail: 70022410000298813188 '�'e9ep�ios�e (992)'�49�4600 � ��x (952)2�9-46�6 evww.ei.��ono.¢aan.�as LIC/CBA107 . LIY/05 . LIT/PU. NAM/SEASONAL SERV OF LAKE MTKA I . SNM/3300 NAVARRE LANE . CTY/WAYZATA. STA/MN. ZIP/55391 . VIN/CKR247J127229 . VYR/77 . VMA/CHEV. VWT/005810 . VMO/PICKUP EXM/AUG. STICKER:E2893478 . LIC/GBC257 . LIY/06 . LIT/PC. NAM/SCHIEBE, SHERRIE LYNN YOUNGRE. *RECORD DISSEMINATION RESTRICTED* SNM/12255 CTY RD 32 . CTY/WACONIA. STA/MN. ZIP/55387 . VIN/1P3ES47C2SD554482 . VYR/95 . VMA/PLYM. VCO/GRN/GRN. VMO/NEON HIGHLINE, 4DR PILRD HT EXM/MAY. . �1 cl 3�oo � ,� �,q �re ' S C'�I Sv� A � 5 �v;c e,S o� �.A KC� .�-��,cc la►wt '.�( Cot .� - 3 �03 - �D�o `f �� c �c ��,�' � —r r � ; �:e.r � ,�-� �, sN d.r r� ��r-, �e�� '� � G� e � �tcc�� Lb �- � �? � P �� 'C� , , I I s (.� � � G-e N�e o �1 �s- �c a�7 �,a �.,�� -�n�r�er- ;.; t.J� �► c cPs.s 1cO(� Q A- � � ��,-�� av- �-