HomeMy WebLinkAbout2.b. Ordinance Amendments, Vehicles in Rural Residential Districts ROSEI vIOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session: January 09, 2008
AGENDA ITEM: Ordinance Amendments; Vehicles in AGENDA SECTION:
Rural Residential Districts Discussion
PREPARED BY: Kim Lindquist, Community Development AGENDA NO. 2•13•
Director
ATTACHMENTS: Photos of Site APPROVED BY:
RECOMMENDED ACTION: Provide staff with direction.
SUMMARY
Recently there has been an enforcement issue associated with the property at 12501 Danbury Way. The
property owner has an extensive amount of vehicles stored at the premises. There are pictures attached to
this packet which reflect 21 vehicles, 2 frames /subframes, 2 daily drivers (one on the grass) and body parts
on the back side of the detached garage.
BACKGROUND
Code enforcement staff has been working on this issue for several months. Initially the owner had been
running a business from his home, via the internet. The business was selling the cars he stored or those he
had refurbished. He was told the ordinance standards for home occupations which do not allow the
outside storage of items relating to the business. He has since indicated that he is changing the business
address to another property in Minneapolis where he owns a paint store.
DISCUSSION
The change in the base of business means that it will be more difficult to tie the storage of vehicles with a
home occupation. In discussing the ability to prosecute this case, the City Attorney noted that the burden
of proof is on the City. Staff will continue to monitor the internet business address and try to tie advertised
vehicles to those located at the premises. Part of the difficulty lies in the fact that the vehicles are all tarped
and therefore staff does not have good information on each of the vehicles.
Other ordinance provisions of the City Code do not appear to adequately address the current situation
either. The Code does not allow parking of junked vehicles. When staff has been to the site the vehicles
were operable, which serves as the test for a junked or not junked vehicle.
The City Code also requires paved surfaces for parking of vehicles, although only in the sewered areas.
The property is located in the rural residential zoning district and therefore there is no paving requirement.
Further, staff would not support a paving requirement which would introduce a significant amount of hard
surface on the site. In the urban areas, the hard surface requirements ensure that there is not a lot of paved
areas for parking and therefore the number of cars which can be stored at a site is limited.
Without any modifications to the existing ordinance, staff does not believe we will be able to successfully
reduce the number of vehicles at the property to a number which is satisfactory to the neighbors. The
most direct option available to the Council is to pass an ordinance amendment limiting the number of
vehicles in the rural residential area.
CONCLUSION
Staff is aware of an enforcement issue that does not appear to violate any specific city code requirement.
The current condition is such that several neighbors of the residence have called to express their
displeasure. Staff would like direction from the Council as to whether they would entertain amending the
ordinance or keeping status quo. Under the latter option, staff believes it will be difficult to force changes
on the property that will address neighborhood concerns.
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Les Kasten's cars:
Stored inside: 1964 Catalina 2 door sedan, 1965 Chevy panel truck, 1939 Plymouth
Street Rod
Stored outside: 1963 Bonneville, 1965 Grand Prix, 1967 Biscayne, 1964 Bonnie Limo,
1962 Catalina convertible, 1964 Grand Prix, 1966 2 +2 convertible, 1966 2 +2 hardtop,
1964 Catalina hardtop, 1964 Brougham, 1964 2 +2,1964 Ventura hardtop and my
girlfriend's 1993 SSEi Bonneville.
Sold and/or left/leaving soon: 1936 Ford panel truck, 1964 Olds Starfire, 1964 Catalina
convertible, 1961 Olds 88 convertible, 1966 Catalina hardtop
Still for sale: 1949 Olds fastback listed on craigslist
To be scrapped ASAP: 1964 Catalina dark blue 4 door sedan, 1964 Grand Prix cream
and 1964 Grand Prix blue on car trailer. The weather has kept me from doing this.
To summarize: 9 cars have either already left or are leaving the property soon. I will be
able to move two more cars inside the lower garage once paint work on both walls and
floor is complete.
To date, I have spent in excess of $20,000 on concrete work to make sure all cars are
parked per current regulations. According to the regulations I have read on the City's
website, I can pave up to 2% of my property and there is not limit to vehicle storage other
than they must be kept on concrete, asphalt or pavers. All cars except the 36 Ford panel
(sold) and the 1993 SSEi Black Bonneville are under car covers. The 93 SSEi Bonneville
will be worked ASAP as it needs repairs that have to be done on the two post lift in the
lower garage. Once done, the car will be given to my 16 year old son as his first car.
This will then leave 10 cars. This does not include the daily driver vehicles. Two loose
rolling frames are on the property. Both are to be used under my personal cars soon.
Current plans are to install a 70' Privacy Fence 6' tall, facing Danbury Way. A permit
was issued today by the City of Rosemount for this purpose. I would also like to install a
line of Pine trees along McAndrews this next year to both deaden the traffic noise and
block the view from McAndrews. Perhaps Pine trees could also be placed along Danbury
Way.