HomeMy WebLinkAbout10. Todd Franz - South Metro Auto Sales - Appeal to Staff Interpretation of Non-conforming Use ProvisionsCity of Rosemount
Executive Summary for Action
Planning Commission Meeting Date: Seatember 8, 1992
Agenda Item: Todd Franz - South Metro Auto Sales - Appeal to
Agenda Section:
Staff Interpretation of Non -conforming Use
NEW BUSINESS
Provisions.
Prepared By: Lisa Freese
Agenda No.
Director of Planning
ITEM # 10
Attachments: Appeal Application; Supporting Materials;
Approved By:
Correspondence; Excerpts from Zoning
--2".
Ordinance.
- SEE ATTACHED M040 -
Recommended Action: A MOTION to table action to allow appellant time to provide
additional information and to allow City staff and legal counsel to meet with the appellant.
Planning Commission Action:
eity of (Rosemount
PHONE (812) 423.4411 2875 - 145th Street West, Rosemount, Minnesota
FAX (812) 423.5203 Mailing Address:
P.O. Box 510, Rosemount, Minnesota 55088.0510
TO: Chairperson Meyer
Commissioners: Baago, Busho, Gundaeker, Hathaway
FROM: Lisa Freese, Director of Planning
DATE: September 4, 1992
RE: September 8, 1992 Meeting Review Agenda
O'Leary's Hills 6th Addition, Item 8
Rezoning, Final Plat and PUD Amendment
ATTACHMENTS: Applications
Revised Phasing Plan
Existing Phasing Plan
PUD Addendum I
Location Map
Grading Plan
Final Plat
MAYOR
Edward B. McMenomy
COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Harry Willcox
Dennis Wippennann
ADMINISTRATOR
Stephan Jilk
RECOMMENDED MOTIONS:
A. A- Motion to recommend approval of a Revised Phasing Plan for O'Leary's Hills
Addition PUD.
B. A Motion to recommend approval of the rezoning from AG (Agricultural) to R-
1 (Single Family Residential) for the proposed O'Leary's Hills 6th Addition.
C. MOTION to recommend approval of the Final Plat for O'Leary's Hills Sixth
Addition subject to:
1. engineering plans specifications for public improvements and grading
plan be approved by the City Engineer; 6A
2. an executed Subdivision Development Agreement;
3. rezoning from AG (Agricultural to R-1 (Single Family Residential);
4. approval of a PUD Amendment revising the Phasing Plan
5. locating the driveway for the lots on the north/south street;
6. cash payment of $960 for park dedication.
Tim Broback, of Parkview Inc. is requesting Final Plat approval of O'Leary's Hills 6th
Addition. This two lot subdivision was originally part of the Seventh Addition in the
approved phasing plan, of the PUD. These lots, however, have utilities (water and sewer)
stubbed in from 155th Street West and were included in the Metropolitan Urban Service
Area (MUSA) when O'Leary's Hills First Addition was approved in 1987.
(Jvertylkings coming VJ6 gosemounlY
Parkview Inc.
3480 Upper 149th St W
Rosemount, NN 55068
8/31/92
Lisa Freese
Planning Director
City of Rosemount
RE: O'Leary'sjHills 6th Addition
Dear Lisa,
Enclosed are the preliminary plat and grading plan for O'Leary's
Hills 6th Addition. Along with then is the proposed phasing as it
relates to the balance of the O'Leary farm.
The two.- lots in O'Leary's Hills 6th Addition are currently serviced
with sewer and water connections and appear to belong in the MUSA. We
hope to be able to install curb and street and extend water line if
necessary this fall. This will give us two lots ready to build on
and ideal model locations irmiediately.
Attached also are the necessary applications and fees. Please let
me know if there is anything else you will require, and feel free to
call; 423-1660.
Sincere, y,,
Parkview Inc.
No:
Date: 8/31/92
City of Rosemount
REZONING PETITION
Applicant: Parkview Inc. Phone: 423-1660
Address: 3480 Upper 149th St W Rosemount, M 55068
STATUS OF APPLICANT:
—IzOwner Buyer Lessee OTHER:
LOCATION: Lot Block , Addition
Street Address:
Metes & Bound's Description Attached:
O'Leary's Hills 6th Addition
Survey or Plot Plan Attached:
Affected Section(s):
Present Zoning: AG Proposed Zoning: Res
REASON FOR REQUEST:
1.
To develop sin3zle tamily lots
2.
3.
Signature of Applicant:
PaxlLew Inc.
Application received by. T , YUa Date
V �7
Fee:
$ 2-J O • �' How Paid: �71Q Date:
Planning Commission Action:
Date
APPLICATION FOR LAND SUBDIVISION (Fvt�tr-eL Pt,/k-c-,
Applicant Parkview Inc Phone: 423-1660
Address: 3480 Upper 149th ST W. Rosemount, ids 55068 Zip: 55068
Project Name: O'Leary's Y.ills 6th Addition
Location: 155th St W. and Chippendale
Status of Ownership: Owner
Project Description: Two residential single family lots
Fee: -pet°-ttrrtt- No. Units Total
DepositElff Total Due:b
------------------------------------------------------------------------------------------
I �uUy undeutand that the Appti.eation Fee and Deposit may not nepxezent
the total � eez which may be billed aga nzt the pno j ec t, and am prceparLed to
ne.i.mbwL6e the City o4 Roaemount {,on Zega.2, eng.ineextng, p.2ann.i.ng and admini-
,sttcat i,ve expevus ez .incuxted by .c t .in excess o 6 the Depo.6 t. I xepne� ent that
I am the appt i.ca.nt nn. an agent o6 the appt i_can t, " autho)Li.z ed to z ubm i t Sh i a
appZ icat i.o n.
Applicant: ii/ ,&j Parkview Inc. Date: 8/31/92
Status of Applicant: Comer Phone: 423-1660
Fees received by: Date:--��
Ati nequited in�onmaxi.on must be teeeived at tea6t 20 dayz pn,ion to P.2ann.ing
Commizz ion on City Counc i t meetings to en6une adequate nev.iew and placement
on the nespec Live agendas.
Date Received:
City of Rosemount
P.O. BOX 510
2875 145TH STREET WEST
RosEmow4T, MN 55068-0510
lF,t 9l d74.ddt t
...............::.::::::::::.............:1►�1Ti + ....,���..� %i..:::.:•?;:::.::..;::::«.>;».;:.:;.>::::::.::<::;:»::;;:;::.:.
1. Parkview Inc. 423-1660
Nam of Applicant (to be used on legal documents) Telephone No.
3480 Upper 149th St W Rosemount, MN 55068
- Address of Applicant Fax No.
3.
Name of Consultant Telephone No.
4.
Address of Consultant Fax No.
5. Parkview Inc.
Name of Property Owner
6.
3480 Upper 1409th St W. P,psemotnt, Nov 550u& 423-1660
Address of Property Owner Telephone No.
7. AG
Current Zoning
8. Farm
Present Use
9.
Res
Proposed Zoning (if applicable)
10. Street Address of Property(ies) Involved:
Current Description(s)
Revised Description(s)
6. Project Description:',
and Survey Attached?
and Survey Attached?
O'Leary's Hills 6th Addition
PUD/APP 8/5!92.
12. Planning Commission Action: Date:
13. City Council Action:
14. Conditions or
This application must be' accompanied by a list of names and addresses of property owners within a 350
foot radius of the subject properly. Also to be included are two sets of address labels of the property
owners. These must accompany the application at the time of submittal.
All applications must include a copy of the property owner's Duplicate Certificate of Title if the property
is recorded under the Torrens system.
NOTE: APPLICATIONS ARE NOT COMPLETE UNTIL ALL REQUIRED SUBbIISSIONS HAVE BEEN RECEIVED.
ACKNOWLEDGEMENT AND SIGNATURE:
THE UNDERSIGNED APPLICANT HEREBY REPRESENTS UPON ALL OF THE PENALTIES OF THE LAW, THE
PURPOSE OF INDUCING THE CITY OF ROSEMOUNT TO TAKE ACTION HEREIN REQUESTED, THAT ALL
STATEMENTS HEREIN ARE TRUE AND THAT ALL WORK HEREIN MENTIONED WILL BE DONE IN ACCORDANCE
WITH THE ORDINANCE OF THE CITY OF ROSEMOUNT, AND THE LAWS OF THE STATE OF MINNESOTA, AND
THAT THE UNDERSIGNEDAPPLICANT WILL PAY ALL FEES AND CHARGES INCURRED BY THE CITY FOR THE
EXAMINATION AND REVIEW OF THIS PETITION.
r -1 �ignature 9f Applicant Signature 4 Prope Owner
Parkview Inc Parkvia,7 Inc.
8/31/92 3/31/92
Date Date
PUD/APP 8/5/92.2
2
— EXISTING PHASING PLAN O'LEARY'S HILLS PUD —
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PLANNED UNIT DEVELOPMENT
AND SUBDIVISION AGREEMENT ADDENDUM I
O'LEARY'S HILLS ADDITION
AGREEMENT dated 1992, between the City of
Rosemount, a Minnesota municipal corporation (the "City"), and
Parkview, Inc., a Minnesota corporation (the "Developer").
1. Revised Planned Unit Development Approval. The City
has previously approved a Planned Unit Development for "O'Leary's
Hills Additions"i, by Agreement dated August 14, 1987. Except to
the extent that it is specifically modified by this Agreement,
the Agreement dated August 14, 1987, shall remain in full force
and effect.
2. Phasing. The developer shall develop the remaining
portion of the Plat in accordance with phasing identified on the
following Plan on file with the City:
A. Revised Phasing Plan.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
CITY OF ROSEMOUNT
BY:
E.B. McMenomy, Mayor
BY:
Stephan Jilk, City Administrator
PARKVIEW, INC.
BY:
Its:
BY:
Its:
- mg lowla-176515
I (00 74-1 )7. W
O'LEARY'S HILL
P-'LEARY'S HILLS SIXTH ADDITION
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GRADING AND DVAWPNEWr PLAN FOR: Scale: l'inch - 50 feet
O'LEARY'S HnAS SIXTH ADDITIONDA? : oB-Zd-92
R-58 - Rambler -Split Entry
SEW - Split Entry Walkout
DELMAR H. SCHWANZ
Existing contour
LAND nn.[vofa W- i - Proposed contour
�.or�..s uso u.. w nr er.a1 r•..s�. .
14730 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA.55WO SIV423.1709 Topography purchased from Dakota County
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GRADING AND DVAWPNEWr PLAN FOR: Scale: l'inch - 50 feet
O'LEARY'S HnAS SIXTH ADDITIONDA? : oB-Zd-92
R-58 - Rambler -Split Entry
SEW - Split Entry Walkout
DELMAR H. SCHWANZ
Existing contour
LAND nn.[vofa W- i - Proposed contour
�.or�..s uso u.. w nr er.a1 r•..s�. .
14730 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA.55WO SIV423.1709 Topography purchased from Dakota County
DELMAR H. SCHWANZ
LAJM su"Vo lk n+e.
147 0 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA SSM OIV423-1789
SURVEYOR'S CERTIFICATE
PRELIMINARY FLAT OF;
N
O'LEARY.'S HILLS
SIXTH ADDITION
Scole: 1 = 40
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N 89.4849"W
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Preliminary Plat: O'LFhRY'S RILLS SIXTH ADDITION NOTES:
Owner -Developer: Parkview, Inc. Area is a continuation of land
Att: Tim Broback approved in that certain PUD
423-1660 agreement dated 08-14-81 and
filed as Doc. No. 805219.
Description: The north 130.00 feet of the south 305.00
feet of the Southeast Quarter of the Northeast
Quarter lying east of the west 943.00 feet
thereof; all in Section 31, Township 115,
Range 19, Dakota County, Minnesota.
Area: Gross = 36,183 square feet =0.8307 acres
Lot', 1, Block l = 12,433 square feet
Lot 1, Block 2 = 13,300 square feet
Utilities, Sanitary sewer and water hook ups are in place from
previous construction.
See', as built plan no. 3/3, File No. 83101
City of Rosemount
Executive Summary for Action
Planning Commission Meeting Date: September 8. 1992
Agenda Item: Todd Franz - South Metro Auto Sales - Appeal to
Agenda Section:
Staff Interpretation of Non -conforming Use
NEW BUSINESS
Provisions.
Prepared By: Lisa Freese
Agenda No.
Director of Planning
ITEM # 10
Attachments: Appeal Application; Supporting Materials;
Approved By:
Correspondence; Excerpts from Zoning
Ordinance.
- SEE ATTACHED MEMO -
Recommended Action: A MOTION to table action to allow appellant time to provide
additional information and to allow City staff and legal counsel to meet with the appellant.
l
Planning Commission Action:
eily of (Rosemount
PHONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 4235203 Mailing Address: Edward B. McMenomy
P.O. Box 510, Rosemount, Minnesota 55066.0510 COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
TO Chairperson Meyer Harry Willcox
Commissioners Baago, Busho, Gundacker, Hathaway Dennis Wippermann
ADMINISTRATOR
FROM: Lisa Freese, Director of Planning Stephan Jilk
DATE: September 4, 1992
RE: September 8, 1992 Meeting Review, Agenda Item 10
Todd Franz Appeal
Interpretation of Nonconforming Use Provisions
Attachments: Appeal Application & Support Materials
Letter & Attachments from Applicant's Attorney
Letters from Dakota County Environmental Inspector
Correspondence from City Staff
Excerpts from Zoning Ordinance
RECOMMENDED MOTION: A MOTION to table action to allow appellant
time to provide additional information and to allow City staff and
legal counsel to meet with the appellant.
Todd Franz, owner of the property located at 13940 South Robert
Trail, filed an' appeal of an administrative decision on Friday,
August 28, 1992.., Mr. Franz is appealing a decision by Mr. Ron
Wasmund, the City Building Official, denying a building permit
application by Mr. Franz for window and door replacement on a
duplex located on this property. This denial was based on the
nonconforming provisions of the Zoning Ordinance, Section 13.
The subject property is located on South Robert Trail a few lots
south of Rosemount Woods Mobile Home Park, just north of the lumber
yard. The lot is approximately 1.2 acres in size. There are two
structures on the parcel. The southerly building is used as an
office for Mr. Franz's Auto Sales lot on the property. The
northerly building is a residential structure that has two units.
The residential structure is the subject of this appeal.
Both uses (residential units and auto sales) are not permitted in
the C-2, Community Commercial zoning district. As well, the Zoning
Ordinance stipulates that multiple uses on one parcel are subject
to the Planned Unit Development provisions. It appears, however,
that both uses were established either legally or before such
requirements existed. As long as these uses are considered legal
nonconforming they are allowed to exist with restrictions.
6vertylLings (90ming IUJ6 gosemounlY
Franz Memo
Page 2
The purpose of the nonconforming provisions of the zoning ordinance
are:
1. To limit the number and extent of non -conforming uses by
prohibiting the enlargement, the re-establishment after
abandonment and the alteration or restoration after
destruction.
2. To eventually eliminate uses which do not conform with
the district requirements or to allow alterations so they
do conform.
Mr. Franz has leased the commercial building and operated a car lot
on the property for approximately two and one half years. In
November, 1991 he purchased the entire property from Mr. Al Monk.
In September, 1991 City staff (Ron Wasmund, Building Official and
George Lundy, Fire Marshall) and Dakota County Environmental Health
staff inspected the property. In October, 1991 apparently the
tenants of the property moved out. 'In December, 1991 Dakota County
sent a letter informing Mr. Franz that their inspection revealed
several code deficiencies including heating, water quality of the
well, electrical', gas, and structural integrity of the building.
He was ordered not to occupy the building until these deficiencies
are repaired. A statement that' his father resided in this
structure during January February and March in violation of this
order is included with Mr. Franz's submittal to the City.
Mr. Franz indicates that he is presently living in the house on
weekends. Planning Staff checked with Mr. John Springsted, the
Dakota County inspector responsible for that order and found out
that Mr. Franzhas been given authorization to live in the
property. Mr. Springsted clarified, however, that Mr. Franz will
not be allowed to continue occupancy through the winter months
unless the necessary repairs are made to the property.
Section 13.2 of the Zoning Ordinance governs alterations,
maintenance, reconstruction or abandonment of nonconforming
properties. The provisions that apply to this situation are:
B. Routine maintenance and repairs may be performed on lawful
non -conforming structure or sign to correct normal
deterioration, obsolescence and wear but shall not constitute
30 percent of the assessed value thereof.
According to the Dakota County Assessors office, the assessed
valuation of the duplex is $38,400. Thirty percent of this
valuation is $11,520. The planned improvements listed by Mr.
Franz's attorney include replacement of 20 windows, doors, siding
and the heating unit. The estimated cost for materials and labor
(for heating unit only) is between $6,000 and $9,000. Other Franz
Memo
Page 3
violations (plumbing, electrical, water supply and building
structural problems) cited by Dakota County are not included in
this cost estimate. Without this additional information, no
determination can be made as to whether Mr. Franz's request
conforms to this provision. It does appear that when all required
improvements are accounted for, the repairs necessary will exceed
30 percent of the duplex's assessed valuation.
D. Whenever a''non-conforming structure, use or sign has been
abandoned for a period of six (6) consecutive months, such
discontinuance shall be considered evidence of legal
abandonment and said use shall thereafter be used in
conformity with the provisions of this ordinance.
Abandonment is not defined in the zoning ordinance, but Planning
staff suggests that abandonment should be considered a
discontinuation of a legal use.
Apparently, the 'last tenants of this building left in October,
1991. In December, 1991 Mr. Franz was ordered not to occupied the
building. During the last nine months the building has not been
considered occupiable under the Minnesota Statutes Chapter 145A.
Mr. Franz has indicated that the building has been occupied
temporarily and utility service (electrical) remained connected
during this period. The building has not been legally occupied for
well over eight months.
Important to this discussion of abandonment, from the Planning
Department's perspective, is the level of effort made by Mr. Franz
to deal with this code deficiencies during this time period. Mr.
Wasmund, the City Building Official, is the staff person most
knowledgeable of Mr. Franz's efforts. He has been attending a
Building Official's Conference and has not had an opportunity to
view or comment on Mr. Franz's appeal. He will be available on
Tuesday night t6 address these issues with the Commission.
On Tuesday, I would suggest that the Planning Commission listen to
Mr. Franz appeal request, but take no action. Planning staff feels
that it is imperative that Mr. Franz provide the additional
information regarding improvements prior to making any decision.
As well, since 'Mr. Wasmund has not been available this week,
delaying action will allow Planning staff, Mr. Wasmund, and Legal
Counsel to meet with Mr. Franz to discuss the status of his
property and its nonconforming uses.
r
eily o(Rosemount
PHONE (612) 423.4411 2875 • 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423.5203 Mailing Address: Edward S. McMenomy
P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheila Kiassen
James (Red) Steals
TO: Chairperson Meyer Harry Willcox
Commissioners Baago, Busho, Gundacker, Hathaway Dennis Wippermann
ADMINISTRATOR
FROM: Lisa Freese, Director of Planning Stephan Jilk
DATE: September 4, 1992
RE: September 8, 1992 Meeting Review, Agenda Item 10
Todd Franz Appeal
Interpretation of Nonconforming Use Provisions
Attachments: Appeal Application & Support Materials
Letter & Attachments from Applicant's Attorney
Letters from Dakota County Environmental Inspector
Correspondence from City Staff
Excerpts from Zoning Ordinance
RECOMMENDED MOTION: A MOTION to table action to allow appellant
time to provide additional information and to allow City staff and
legal counsel'to meet with the appellant.
Todd Franz, owner of the property located at 13940 South Robert
Trail, filed an appeal of an administrative decision on Friday,
August 28, 191,92. Mr. Franz is appealing a decision by Mr. Ron
Wasmund, the ',City Building Official, denying a building permit
application by Mr. Franz for window and door replacement on a
duplex located on this property. This denial was based on the
nonconforming provisions of the Zoning Ordinance, Section 13.
The subject property is located on South Robert Trail a few lots
south of Rosemount Woods Mobile Home Park, just north of the lumber
yard. The lot is approximately 1.2 acres in size. There are two
structures on'', the parcel. The southerly building is used as an
office for Mr. Franz's Auto Sales lot on the property. The
northerly building is a residential structure that has two units.
The residential structure is the subject of this appeal.
Both uses (residential units and auto sales) are not permitted in
the C-2, Community Commercial zoning district. As well, the Zoning
Ordinance stipulates that multiple uses on one parcel are subject
to the Planned Unit Development provisions. It appears, however,
that both uses were established either legally or before such
requirements existed. As long as these uses are considered legal
nonconformingthey are allowed to exist with restrictions.
(Sverylking s COoming (Up RosemouniY
w
t- 11—, d —
Fran Memo
Pagez2
The purpose
are:,
of the nonconforming provisions of the zoning ordinance
1. To limit the
prohibiting
abandonment
destruction.
number and extent of non -conforming uses by
the enlargement, the re-establishment after
and the alteration or restoration after
2. To eventually eliminate uses which do not conform with
the district requirements or to allow alterations so they
do conform.
Mr. anz has leased the commercial building and operated a car lot
on t�e property for approximately two and one half years. In
November, 1991 he purchased the entire property from Mr. Al Monk.
In September, 1991 City staff (Ron Wasmund, Building Official and
George Lundy, Fire Marshall) and Dakota County Environmental Health
staff inspected the property. In October, 1991 apparently the
tenants of the property moved out. In December, 1991 Dakota County
sentia letter informing Mr. Franz that their inspection revealed
several code deficiencies including heating, water quality of the
well ' ' electrical, gas, and structural integrity of the building.
He was ordered not to occupy the building until these deficiencies
are repaired.. A statement that his father resided ' in this
structure during January, February and March in violation of this
order is included with Mr. Franz's submittal to the City.
Mr. Franz indicates that he is presently living in the house on
weekends. Planning Staff checked with Mr. John Springsted, the
Dakota County inspector responsible for that order and found out
that, Mr. Franz has been given authorization to live in the
property. Mr. Springsted clarified, however, that Mr. Franz will
not ' be allowed to continue occupancy through the winter months
unless the necessary repairs are made to the property.
Section 13.2 of the Zoning Ordinance governs alterations,
maintenance, reconstruction or abandonment of nonconforming
properties. The provisions that apply to this situation are:
B. !Routine maintenance and repairs may be performed on lawful
!!non -conforming structure or sign to correct normal
( deterioration, obsolescence and wear but shall not constitute
�30 percent of the assessed value thereof.
According to the Dakota County Assessors office, the assessed
valuation of the duplex is $38,400. Thirty percent of this
valuation is $11,520. The planned improvements listed by Mr.
Franz's attorney include replacement of 20 windows, doors, siding
and the heating unit. The estimated cost for materials and labor
(f orli heatinq unit only) is between $6,000 and $9,000. Other Fran2
No:
Date:
City of Rosemount
Administrative Appeal
Applicant:
Address:
ST TUS OF APPLICANT:
Owner I Buyer Lessee OTHER:
LOCATION: Lot Block , Addition
Street Address:
Metes & Sounds Description Attached:
Survey or Plot Plan Attached:
Affected Section(s):
Present Zoning:
Reason for Appeal:
so 77iQ1-. T
2.
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Phone: 7 23 4 �J
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Signature of Applicant:
FOR OFFICE M UNCY
Application received by Date:
oa
Fee: How Paid: Date:
Planning Commission'Action:
Date:
A. 1 ■ w ■ 0% ■ ■ R A a1 ■ /'1 r' r% ■ w a rter- a'1
Imo V rAlAIV l.. C D11V UC Pf Binder No.
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT
FRAT50-3 PH
�■�. TO,THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
NAME AND ADDRESS OF AGENCY COMPANY NORTH STAR MUTUAL INS
LAWRENCE-BOHMBACH INS
AGENCY INC. Effective 12:01a m Dec 6 '19 91
1317 S. FRONTAGE RD. Expires 12:01 am Dec 6 19 92
HASTINGS MN 55033 0 This hinder is issued to extend coverage in the above named
company per expiring policy * F RT09
a ed below
NAME AND MAILING ADDRESS OF IN
Description of Operation/Vehicles/Property
PACK 13940 S ROBERT TR
TODD FRANZ
LIABILITY COMPREHENSIVE
13942 S. ROBERT TR
ROSEMOUNT MN 55068
Type and Location of Property
Coverage/Perils/Forms
Amt of Insurance
Ded.
COINS.
%
P
R
Property is normally located at
All risk except named exclusions
0
the above address except as noted.
P
Building
90,000
250
E
Contents
5,000
R
Earnings
T
Y
limits
of Liability
Type of Insurance
Coverage/Forms
Each Occurrence
Aggregate`
A
El Scheduled Form Q Comprehensive Form
Bodily Injury
SOO, 000
B
X Premises/Operations
Property
)
X Products/Completed Operations
Damage
500,000
L
X Contractual
Bodily Injury &
(
X Other (specify below) *
Property Damage
T
X Med. Pay. $ 5, 0 0 0 $
Combined
Personal Injury
500,000
y
Per Person. Per Accident
Personal Injury
❑A ❑B �C
AU—Mits
U
Liability ❑ Non -owned Hired
of - Liability
Bodily Injury (Each Person)
T
Comprehensive -Deductible $
Bodily Injury (Each Accident)
0
Collision -Deductible $
Property Damage
M
0
Medical Payments $
B
Uninsured Motorist $
Bodily Injury & Property Damage
)
No Fault (specify):
L
Other (specify):
Combined
E
"WORKERS' COMPENSATION - Statutory Limits (specify states below) U EMPLOYERS' LIABILITY - Limit
SPECIAL CONDITIONS/OTHER
ERAGES
NAME AND ADDRESS OFR MORTGAGEE LOSS PAYEE
Albert Monk
13965 S. Robert Trail
Rosemount, MN 55068
❑ ADD'L INSURED
LOAN NUMBER
I Srqnature of Authorized Representative
Geraldine L. Petree
Dec 10, 1991
aban•don•ment Vdan-manta n
syn .1 ABANDON, DESERT, FORSAKE shared meaning element : to
give up completel.ABANDON tends to suggest complete disinter-
est in the fate of w at is given up <abandon an old car> <abandon
a too difficult task> DESERT implies a. relationship (as of occupan.
cy or guardianship); it can suggest desolation <deserted farms
growing up to brush> or cul.pabiiity <soldiers who desert their
posts> FORSAKE implies a breaking of a close association by
repudiation or renunciation <young men forsake their parents to
form families of their own> ant reclaim
2 see. RELINQUISH ant cherish (as hopes), restrain (onese1j)
i
SOUTH METRO AUTO BROKERS
13942 South Robert Trail
Rosemount, MN 55068
(612) 423-2400
August 25, 1992
City of Rosemount
Attn: Lisa Freese
2875 145th Street West
Rosemount, MN 55068
Dear Lisa:
I, Todd Franz, owner of the residence at 13940 So. Robert Trail,
Rosemount, asked to receive a building permit for windows to
begin work on my duplex. The duplex has been cited for health
violations and I would like to bring the building in to compliance.'
Ron Wasmund!has denied the permit because of his interpretation
of non conforming uses. I believe his interpretation is incorrect.
The duplex predates current zoning regulations and has a separate
address from the car lot, which makes it it's own entity. The
house meets ',all the requirements listed in Section 13 of the
City of Rosemount's Ordinance B, Zoning Ordinance, Non -conforming
uses.
At this time, I would like to review Section 13 with you.
13.1 It is the intent of this ordinance to permit the
continuation of structures, uses ... which -legally exist
on the effective date of this ordinance but which do
not conform to the provisions herein set forth for the
district within which said structure, use or sign is
located.
If you look at Section 13.2 A, we are not changing the use of
the structure, nor are we enlarging it. We are asking to correct
health violations cited by Dakota County.
Section 13.2 B allows for routine maintenance within 30 percent
of the assessed value. The maintenance we are about to undertake
is well under the 30 percent assessed value.
Section 13.2 C does not apply because the house has not been
damaged by fire
:.
Page Two
August 25, 1992
Lisa Freese
Section 13.2 D involves the question of abandonment. Recently
this issue was raised. We would like to address this at this
time. I am enclosing the definition of abandonment, as found
in the Webster's New Collegiate Dictionary. It states: abandonment;
to give up completely.
I was a renter at the car lot for two and a half years prior
to the purchase. During that time the house was openly and actively
rented. That rental continued until late October 1991, at which
time renters left the house. In November I purchased the property
from Al Monk. In December the house was cited by Dakota County
for health violations. I spoke with Ron Wasmund and told him
I wished to fix any violations that were cited and to continue
using the house as rental property. At that time Ron asked me
to consider removing the house and making the car lot the primary
use for the property. I told him that I would consider the idea
but that I would also work on the house to keep my options open.
At this time I believe it is in my best interest to continue
using th house .as rental property.
During my ownership I have never abandoned the house. I have
enclosed.copies of various bills, e.g. electric, maintenance
items, insurance binder. I have also enclosed an affidavit from
my father who 'stayed at the house while helping me clean up and
paint. As of July 15, 1992 I have moved my belongings to the
house and I have been staying there on weekends to work on the
property. I'have also been getting estimates for reparing the
heating plant.I believe all of this information points to the
fact that I have not abandoned the house in spirit or
principle.
13.2 E addresses the fact that non -conforming structures comply
with all regulations for off-street parking, loading, screening,
landscaping and performance standards. We have adequate space
for parking onsite, we have no need for loading areas. We are
currently working on a landscaping plan for presentation within
a month. As far as "performance standards", we believe that
by making an effort to comply with Dakota County health requlations
we are indeed bringing the house within proper performance standards.
In response to',the information I have presented I would like
my permit to be approved immediately. If you have any questions,
please feel free to contact me at 423-2400.
Sincerely,
Todd H. Franz
Owner
/ee j
Enclosures
.,u clave iu+y �,ucsuunS AUoui 1:,ui bili, Account Suininaiy Retain Ibis 1=oiGon 1--ur Your Records
email: (612) 639-1234 RESIDENTIAL
PREVIOUS BILL
=or More information See Back NO PYMT THRU 12/17
Please Have Your Account Number Ready BALANCE ON 12/19
Your Account Number
LSTrK5 39r40`1000I"S_("5 -err CURRENT UTILITY CHG
„_. �`„"..'_:' OTHER CHARGES*
Service Address CURRENT BILL
=RANZ TODD
13940 ROBERT TRL S TOTAL
ROSEMOUNT MN 550683437
SNext
"Reading —P -lease paY on or befor�fi
date due to avoid assessment
of a late pay charge 3 work -
12 -19 01-14 ing days after date due.
5-e Dates Days Meter Readings Energy Use
If You Have Any Questions About Your Bill, Account Summary
Cali:
(612) 639-1234 RESIDENTIAL
For More Information See Back PREVIOUS BILL
Please Have Your Account Number Ready PAYMENT 1/14
Your Account Number BALANCE ON 1/21
1SrK5FK:13940 0001 6 5 CURRENT BILL
Service Address TOTAL
FRANZ TODD
13940 ROBERT TRL S
ROSEMOUNT MN 550683437
-------------
jilling Next Please pay on or before the
Reading oats - date due to avoid assessment
of a late pay charge 3 work-
ni-21: 02-12 ing days after date due.
If You Have Any Questions About Your Bill, T ----
Cali: Account Summary
C612) 6 9-1234 RESIDENTIAL
For More Informson See Back PREVIOUS BILL
Please Have You Account Number Ready PAYMENT 2/12
Your Account Number BALANCE ON
2/17
LS K5FK`13940"0001 6 5
Service Address
CURRENT BILL
•
FRANZ TODD TOTAL
13940 ROBERT TRL S
ROSEMOUNT MN 550683437
$.00
.00
.00
284.15
10.65
294.80
294.80
01-10-921 5294.80
Retain This Portion For Your Records
$294.80
294.80CR
.00
229.02
229.02
02-10-92 $229.02
Retain This Portion For Your Records
$229.02
229.02CR
.00
54.98
54.98
��Ie Scheduled Please Pay on or before
-- ---
date due to avoid as
12-17 03-12 °f a late pay charge 3 working days after date due.
Reading Dates Da s --- -
103-10-92
LECTRIC RESIDENTIAL�MeterR
UPLEX
02-14 t 25
01-
BASIC CHARGE20
ENERGY CHARGE
INTERIM RATE ADJUSTMENT
FUEL CLAUSE ADJUST
'BTOTAL
STATE TAX AT 6.5%
RRENT MONTH'S BILL
--dings Energy Use
METER # - G044013227
40452 ( 791 KWH
39661
791 KWH AT 0.05770
791 KWH AT $.00190-
54.50
45.64
2.98
1.50CR
51.62
-----3.36
54.98
$54.98
a 2
I, Henry G. Fr'nz, resided at 13940 So. Robert Trail, Rosemount
during the mon hs of January, February and March of 1992 while
helping my sonlclean and repair his Louse.
NOTARY PUBLIC -MINNESOTA
DAKOTA COUNTY Ci L ✓f„
My ConnMra+E.o+".,uN. t6.t997
r `d'ALL GIAU
x43,90-
4a SOLD 8Y CASH - 1 C-O.D. I CHARGE Un wc.�,. I. mwc. Rc�•.—• y
,4
Tax ,
Total
7440,9
/ry A. -ALL CgLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL.
RECD BY
5R330 PWFOW m carbanSelrn
'
ADDRESS
.-.
i
CUSTOMER'S ORDER NO.
D
CUSTOMER'S ORDER NO.
19
NAME
NAME
t/
ADDRESS70
r `d'ALL GIAU
x43,90-
4a SOLD 8Y CASH - 1 C-O.D. I CHARGE Un wc.�,. I. mwc. Rc�•.—• y
,4
Tax ,
Total
7440,9
/ry A. -ALL CgLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL.
RECD BY
5R330 PWFOW m carbanSelrn
'
ADDRESS
.-.
r `d'ALL GIAU
x43,90-
4a SOLD 8Y CASH - 1 C-O.D. I CHARGE Un wc.�,. I. mwc. Rc�•.—• y
,4
Tax ,
Total
7440,9
/ry A. -ALL CgLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL.
RECD BY
5R330 PWFOW m carbanSelrn
GRANNIS, GRANNIS, HAUGE,
EIDE, ANDERSON & KELLER, P.A.
Attorneys and Counselors at Lau,
200 Town Centre Professional Bldg.
PAUL H. HAUGE
1260 Yankee Doodle Road
VANCE B. GRANNIS. JR.'
Eagan, Minnesota
KEVIN W EIDE
55121-2201
DAVID G KELLER
Tel: (612) 456-9000
WARD R. ANDERSON
HENRY E. MUELLER -
'Also admitted to practice in Wisconsin
-Also admitted to practice in Illinois ',.. September 3, 1992
VIA FAX AND MAIL
Ms. Lisa J. Freese
Planning Director
City of Rosemount
3875 145th Street W.
Rosemount, MN 55068-0510
Re: South Metro Auto Brokers -`Appeal of Building Permit
Dear Ms. Freese:
MICHAEL J. MAYER
DEBRA E. SCHMIDT
BARRY L. WITTENKELLER
NGA T. NGUYEN
VANCE B. GRANNIS. SR.
Of Counsel
Fax: (612) 454-4232
On September 2, 1992, our client, Mr. Todd Franz, delivered a
copy of your letter of September 1, 1992, as we-ll.as other materials
relevant to the denial of a building permit to repair his residence
at 13940 South Robert Trail, to this office.
Mr. Franz has been in contact with this office ever since
purchasing this parcel approximately three years ago. Mr. Franz has
operated an automobile sales lot and a rental duplex on this property
since purchasing it, in the same manner as it had been operated prior
to the purchase except that he has improved the business to make it a
better contributor to commerce in the City of Rosemount. He is now
attempting to improve the duplex not only to meet the requirements of
Dakota County and your Building Department, but to improve the
aesthetics and provide rental property desirable to quality renters.
In December of 1991, Mr. Franz received a Warning Notice from
the Dakota County Public Health Department, a copy of the first page
of which is attached hereto. (Our client was unable to locate the
second page.) We have also enclosed a copy of the letter of August
10, 1992 from the Dakota County Environmental Management Department,
which indicates that Mr. Wasmund was copied. We assume he was copied
in December of 1991 as well.
Ms. Lisa J. Freese
September 3, 1992
Page Two
Certainly Mr. Wasmund was aware of the situation as our client
has been having a continuing dialogue with him in regard to this
property. Itis our understanding that he and our client discussed
ways to eliminate one of these two legal nonconforming uses. Mr.
Franz has made it clear at all times that it is his intent to
maintain these uses until some more reasonable use of the land can be
made. Because of the concerns of Dakota County, and his own desire
to improve the appearance of his property, as well as the tenants it
can draw, Mr. Franz has been discussing improving the duplex with the
City. He has been assured on numerous occasions that he will not
lose the dupi!ex use. Mr. Franz proposed, in December of 1991 and on
several other occasions, including May of 1992, to apply for a
building permit, but was assured that the loss of the use was not at
risk. It was, during this time that the dialogue continued regarding
changing the use to fit more with the City's plans for the area.
However, none of this has come to fruition. Therefore, Mr. Franz
merely wants to improve the duplex to allow it to generate a
reasonable return on his investment.
Mr. Franz has indicated that at a Port Authority meeting in
early August,Mr. Jilk stated that he should not be concerned about
the use of the property, as the City was condemning it. If that is.
true, the City should move ahead and not improperly withhold a permit
merely to keep the value of the property down.
If the City is not condemning the property in the immediate
future, Mr. Franz is experiencing significant damages by the
regulatory taking of his property by the improper denial of the
building permit to allow for the ongoing reasonable use.
The purpose of this letter is twofold: (1) to demand that Mr.
Franz's appeal be heard on September 8, 1992 by the Planning
Commission; and (2) to suggest to the Planning Commission that there
is no legal basis for the denial of the building permit and that the
unreasonable,denial will cause significant damages to our client.
In your letter of September 1st, you have given very short
notice of demands for specific documents for the September 8th
meeting. In our opinion, some of these documents are unrelated to
the request for a building permit for the duplex.
As indicated, a copy of the citation from Dakota County is
enclosed, although it appears very likely that you already have a
copy. We have also enclosed a statement from Menards indicating that
the windows will cost $45.99 each for twenty windows. The cost of
the door is $144. The total cost of the siding for the entire house
Ms. Lisa J.
September 3
Page Three
Freese
1992
is $960.26. '',Our client has received verbal estimates for replacing
the heating 'system of $4,000 and $6,900. Other than the heating
system, our client will perform all labor himself. Our client does
not have a site plan and is unable to obtain one by your deadline.
We object to the demand as being untimely and being unrelated to the
issue of the building permit for the duplex. We have enclosed a_copy
of the auto dealer license, to which we also object as unrelated to
this building permit application.
It is clearly unreasonable to demand the narrative as to when
these two uses were first established, as they were obviously not
established'by our client.
Finally, our review of your Ordinance, Section 13.2, has
convinced us that there is no definition of abandonment therein. It
is our position that not only did Mr. Franz not abandon the use, as
the term abandonment is defined in the dictionary, but in addition
was misled by City Staff to believe that this issue was not going to
be raised.
Sincerely yours,
GRANNIS, GRANNIS, HAUGE, EIDE,
ANDERSON & KELLER, P.A.
BY: v"jL ✓�''�
David G. Keller
DGK/svk
Enc.
cc: Ron Wasmund
Michael Miles
Honorable Edward McMenomy
Stephan Jilk
Todd Franz
DAKOTA COUNTY,
�LPUBLIC HEALTH DEPARTMENT
December 9,
COMMUNITY SERVICES DIVISION
Public Health Nursing
Services
REPLY TO
1991
Northern Service Center
33 East Wentworth Avenue
West St.. Paul. MN 55118
(612)450-2614
Fax(612)450-2948
DONNA M. ANDERSON
PUBLIC HEALTH DIRECTOR
(612)450-2614
Environmental Health Emergency Medical
Services Services
Western Service Center
14955 Galaxie Avenue West
Apple Valley, MN 55124
(612)891-7500
Fax(612)891-7473
Todd Franzl "Warning Notice"
13942 South Robert Trial
Rosemount MN 55068
RE: 13940 South Robert Trail, Rosemount, MN
-On September 6, 1991, Dakota County Public Health Department
staff inspected the above referenced residence. Rosemount
City officials George Lunde and Ron Wasmund were also
present at that time.
The heating supply was noted to be inadequate. In addition,
a water sample was taken and shown to have an unacceptable
sanitary quality. These results were sent to you earlier.
The Rosemount officials cited problems with the plumbing,
electrical, gas and structural integrity of the house.
Inadequate'',screening was also noted.
The Department was informed that the occupants of the house
moved out in October. A follow-up inspection verified that
no one is presently living in the house.
This house, is determined to be a potential public health
nuisance as defined by Minnesota Statutes Chapter 145A, due
to the lack of an adequate heating and unsanitary water
_supply. The statute authorizes the Department to remove and
abate all public health nuisances.
You are hereby warned that the house may not be used for
human occupancy until heat can be safely supplied to all
habitable rooms to a temperature at least 650 F. three feet
off the floor when the outside temperature is 0° F. In
addition, the water supply must be disinfected and
determined, safe to drink by the Public Health Department.
Regarding additional plumbing, electrical and gas and
structural items, a follow-up inspection by a City of
Rosemount building and fire inspector will be necessary to
obtain Department of Health approval prior to further
occupancy of the house. You are expected to maintain
security to the house during the interim.
�` _ -�
DAKOTA COUNTY
ENVIRONMENTAL MANAGEMENT DEPARTMENT
14955 GALAXIE AVENUE
August 10, 1992
Todd Franz'
13942 South Robert Trail
Rosemount, MN 55068
RE:13940 South Robert Trail, Rosemount, MN
BARRY C. SCHADE
DIRECTOR
(612)891-7011
FAX (612) 891.7031
APPLE VALLEY, MINNESOTA 55124-8579
On December 9, 1991, the Dakota County Public Health
Department, mailed correspondence to you regarding terms of
compliance to abate the public health nuisance located at
the above referenced property. This letter is written*to
clarify that compliance order and to answer your questions
forwarded to the Department during a phone conversation on
July 30, 1992.
The Department does not have formal condemnation proceedings
and has not condemned the above -referenced property.
Regarding occupation of the house, the Department's stance
is that as long as the house is rehabilitated in the manner
stated in the December 9, 1991 order from the Department,
you will be considered to have complied with the
Department's order. Regarding your request to inhabit the
house personally, nuisance program policy states that if the
occupant(s) are considered to be fully in control of the
habitable environment, then occupation would not be
considered'a public health nuisance as long as no one else
is affected by the nuisance. Previously, the house was
rented out and was therefore considered to have an
environment outside the control of the occupants. Please be
advised that occupation during the heating season is
prohibited''by the Department in any circumstance as this is
a situation that you can not control.
Enclosed is a copy of the December 9, 1991 correspondence
referred to earlier. Having read that correspondence, you
are—fully aware of the problems and hazards associated with
occupancy of the house. The house is still considered to be
a public health nuisance if occupied by anyone but yourself
�,�a� R�n►lA �
r ill
until it is fully in compliance with the Department's
orders.
Please call me at 891-7545 if you have any further
questions.
Sinc rely,,
d'n
n Spri sted
E ironmental Health Specialist
pc: Ron Wa$mund, City of Rosemount
Margaret Whetting, Dakota County Attorney's Office
Donna Anderson, Director, Public Health Department
.DETACH AT DOTTED LINE. .
DEALER LICENSE CERTIFICATE
eity of Rosemount
PHONE (612) 423.4411
FAX (612) 423.5203
August 20, 1992
Mr. Todd Franz
South Metro Auto Brokers
13940 South Robert Trail
Rosemount, MN 55068
Dear Mr. Franz:
2875 - 145th Street West, Rosemount, Minnesota
Mailing Address:
P.O. Box 510, Rosemount, Minnesota 55068-0510
MAYOR
Edward B. McMenomy
COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
Your application for a building permit dated July 29, 1992 for the installation of new
windows in the ,residential dwelling unit located at the above address has been
denied.
The basis of the denial is my interpretation of non -conforming uses. Your property
is zoned C-2 (Commercial). Residential use is not permitted in a C-2 zoning district.
Auto sales is not a permitted use in a C-2 district either, however you have been
allowed the legal non-conforming.status for the dealership and have been allowed to.
make certain improvements to your office structure associated with that use.
This matter has been forwarded to the City's attorney for review.
You have the right to appeal my interpretation if you feel it has been made in error
as provided for in Section 15 of Ordinance B, City of Rosemount Zoning Ordinance.
have enclosed a copy of Section 15 for your review.
Sincerely,
Ron Wasmund
Public Works Director/Building Official
cc: Stephan Jlkr City Administrator
Mike Miles, City Attorney
Lisa Freese, Planning Director
Paul HeimkCes, Building Inspector
(Sveryth>ngs (Pomts2g Vfi gosemouvitlf
Estimate From
0.I t"1L
This is an estimate. It is given only for general price information. This is not an offer and there can be no legally binding contract
between the parties based upon this estimate. The prices stated herein are subject to change depending upon the market
conditions. The prices stated on this estimate are not firm for any time Period unless specifically written otherwise on this form.
The availability of materials is subject to inventoryy conditions. MENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY
THE CUSTOMER WHO RELIES ON PRICES STET FORTH HEREIN OR ON THE AVAILABILITY OF ANYOFTHE MATERIALS STATED
HEREIN. All information on this form, other than price, has been provided by customer and Menards is not responsible for any
errors in the information on this estimate, including but not limited to quantity, dimension and quality. Please examine this
estimate carefully. MENARDS MAKES NO REPRESENTATIONS, ORAL, WRITTEN OR OTHERWISE THAT THE MATERIALS
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This is an estimate. It is given only for general price information. This is not an offer and there can be no legally binding contract
between the parties based upon this estimate. The prices stated herein are subject to change depending upon the market
conditions. The prices stated on this estimate are not firm for any time Period unless specifically written otherwise on this form.
The availability of materials is subject to inventoryy conditions. MENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY
THE CUSTOMER WHO RELIES ON PRICES STET FORTH HEREIN OR ON THE AVAILABILITY OF ANYOFTHE MATERIALS STATED
HEREIN. All information on this form, other than price, has been provided by customer and Menards is not responsible for any
errors in the information on this estimate, including but not limited to quantity, dimension and quality. Please examine this
estimate carefully. MENARDS MAKES NO REPRESENTATIONS, ORAL, WRITTEN OR OTHERWISE THAT THE MATERIALS
t1g7Fr) AR5 clnTA01 c cnD n�iv 01100nct Dcatr
RESPONSE FORMS & SYSTEMS 715-723-3388
Estima Estimate From
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City of Rosemount
Building & Inspeetions Division
2875 145th Street West
Rosemount, MN 55068
(612)423-4411
APPLICATION FOR BUILDING PERMIT
SITE ADDRESS
LEGAL DESCRIPTION:
Applicant (circle one only)
Lot Block Subdivision
Suite/Unit No.
OWNER CONTRACTOR ARCHITECT/ENGINEER
Name 7—y �J O % i ! /ZAGL2_
Owner/Buyer I
Information Address 7 % U iz
I I /
J j City 1C�5�/�'��'Lz��r State1'`7i�/ZiaG��I
Phone �%=�
I
Name
Contractor I i
Information I Address
i I
i City State Zip
Phone
Name i
Architect -
Engineer ) Address I
Information I
(if applicable) I City State Zip I
i ( I
i Phone
CLASS OF WORK (circle one only)
I
1 NEW 3 ALTERATION/REMODEL
I 1
j 2ADDITION MAINTENANCE/REPAIR/REPLACE I
I �
TYPE OF STRUCTURE (circle one only)
01
Single Family
45
Recreational, Amusement
02
Sin gle Family Attached (Duplex)
46
Other Non -Housekeeping Shelter I
I 03
Residential Garage
65
Industrial Building
30
Two Family Residential
70
Public Works & Utilities Buildings j
Three -Four Family Residential
80
Public Schools j
32
Multiple Family Residential
81
Private Schools
40
Offices, Banks, Professional
85
Churches & Religions Buildings
I 41
Stores, Restaurant, Warehouse
88
Hospitals & Institutional
42
Hotels, Motels
93
Other Non -Residential Buildings I
J 43
Parking Garage
95
Fences, Signs, Antennas
I 44
Service Stations & Repair Garages
96
Other Non -Building Structures I
* * * PLEASE COMPLETE OTHER SIDE * * *
eity of CRosemouni
PHONE (612) 423-4411
FAX (612) 423.5203
September 1, 1992
Todd Franz
South Metro Auto Brokers
13942 South Robert Trail
Rosemount, MN 55068
2875 - 145th Street West. Rosemount, Minnesota
Mailing Address:
P.O. Box 510. Rosemount. Minnesota 55068-0510
MAYOR
Edward S. McMenomy
COUNCILMEMSERS
Sheila Klassen
James (Red) Staats
Harry Willcox
Dennis Wippeimann
ADMINISTRATOR
Stephan Jilk
RE: Appeal of Building Permit Denial
13940 South Robert Trail
Dear Mr. Franz:'..
The Planning Department has reviewed your appeal application. You will be placed on the
September 8, 1992 Planning Commission agenda, however, in order for the Planning staff to
make a recommendation on this appeal, additional information will be necessary.
Please submit the following documentation by 12:00 noon on Thursday, September 3, 1992:
1) A copy of the citation from Dakota County regarding health code violations;
2) A complete list of all the work you intend to perform on the duplex, i.e., replace windows
(how many); replace siding (sq.ft); replace doors (how many); replace heating system; etc.
Also, provide documentation regarding the cost of this renovation, including labor. An
estimate from a supplier for the cost of the materials will be considered acceptable.
3) A site plan, drawn to scale, that delineates both the duplex and the car lot functions. The
site plan should show all structures, driveways, circulation patterns on the site,
visitor/resident parking for the site, and display area for the car lot.
4) A narrative documenting when the duplex and car lots were first established or constructed
on the site and a copy of your state license to sell vehicles at 13942 South Robert Trail.
Your cooperation in providing this requested information will determine whether or not the
Planning Commission has adequate information to make a decision at their meeting next
Tuesday, September 8, 1992.
If you have any questions, don't hesitate to contact the Planning Department at 322-2051.
Sincerely,
Lisa J. Freese
Director of Planning
cc: Stephan Jilk City Administrator
Ron Wasmund, Building Official
(Sveryihtng's (Poming (U.6 RosPmouniY
i o Rosemount
PHONE (W)423-4,111 2875 • 145th Street West. Rosemount. Minnesota
FAX (612) 4235203 Mailing Address:
P.O. Box 510, Rosemount. Minnesota 55068.0510
MEMO
TO: MIKE MILES, CITY ATTORNEY
FROM: FON WASMUND, PUBLIC WORKS DIRECTOR 1
DATE: AUGUST 5, 1992
RE: MON CONFORMING PARCELS
MAYOR
Edward B. McMenomy
COUNCILMEMBERS
Sheila Ktassen
James (Reg!) Siasts
Harry Willcox
Dennis Wipper-tarn
AD111NtSTRATOri
Slepnan J"k
I have received a request for a Building Permit from Mr. Todd Franz, 13940"South
Robert Trail, to install windows and other improvements on a residential structure of
the same address.
The property is currently zoned C-2 with a principle use as a used car sales lot. He
has a separate office building which he operates the business out of. The residential
structure is the secondary non -conforming use of the property.
Section 1 3.2of Ordinance B (Zoning Ordinance) for the City of Rosemount provides
for routine maintenance of not more than 30% of assessed value provided the
structure has maintained its legal non -conforming status without abandonment for
a period of 6' consecutive months.
I have denied the permit based upon several undocumented 6 month abandonment
periods since the rezoning in 1985. Mr. Franz was informed of my denial.
Mr. Franz has advised me of an alleged telephone conversation with you regarding
abandonment and Section 13 of Ordinance B and is prepared to challenge my
decision.
I am requesting confirmation of any conversation with you and the nature or content
of said discussion; information of what constitutes sufficient documentation of
abandonment; whether two uses, neither of which are permitted uses by right of
ordinance, can be continued.
Since this property is located across from the site of the proposed Armory it is the
desire . of the City to legitimize one use of Franzs' property and to gain full
compliance of the permitted use with the City's ordinance.
Please advise me of the City's rights.
Thank you.
cc: Steve !Jilk, City Administrator
Lisa Ft'eese, Planning Director
Paul Heimkes, Building Inspector
S^
ma's �Oii1211Q I�� (�1) OSP1110L4i1t.'
provide for maximum convenience and accessibility for
residents.
B. Uses: Permitted By_Ri>=bt
1. Muhiple-Family Dwellings and accessory uses.
2. 6 riyerate Housing
3. Residential Facilities licensed by the State of Minnesota
for sivicen (16) or fewer persons.
4. Nursing. Retitement and Boarding Homes.
S. Private Non -Commercial Recreation customarily
associated with a nultipte-family and including such uses
as swimming'' pools. tennis courts. cabanas. communis•
recreation buildings. etc.. provided they ace located no
nearer the front to: line than the principal structure and
am set back', from lo: lines the dis:arce rcouired for
accessory vruc:ures (refer to Section 7? A). Swim -ting
pools shall comply with Section 5-3-1 of the Rosemount
Ciy Cod C.
S'—c=jiON 6.9 GI CO`NNrENMNC r CO?. - CIAL
D1!5MCT
A. PLr3o<c And Lntcot Tr._ p `:pose of th: Conv--nitn:e
Corner al D z is to mv;d' cenvtni_nee s= _ 2nd
x250''.. st. :S :o 2 s.: -2a2 of .n. CCmm_n -
') B. UF.= P=—ined gv Rift
1.Cc-•:-
`` 2 1 h;d b 2 ._SSC- Car w2S-tS
to
i a. Ex r^': :as ':. Cs. 211 OD:-ViCnS s :ii t:
ab_... n; an -.R' D• c% z sc:r_a =z11 c:
...n.. f:v (5) _...: hz _ , and hzv:n; 9,)c o?2:1y
i S'.a11 bt _ ..:d Zion; ..._ ccrnm ✓ropt.-Ty
bC: .lits. S2:d ftn :c 55211 b: prop' iy
.tsscc.
i Pa:. -_- and antuv: n; Zmas s' -all b' 32nd 2-•
CL. 3,••SL� (�) .n...cs 220v'c t.2.J.' s tali b: .-C'•:dt..
: CD .t SS ',. :_n f:v: (.) 21i prop:.^.0 hn-s
.... 24cc 2�.., .. ..
... S. :1 b: : 12. --.td so 2s no: 10 p. ..1: w•a:cr
from a 'czr was.`. :o -.:n into a public street or
z::csscs' :h::eto. A drainage sys:tm shall bt
i .rs:z'.;c''' sub; to :h: approval o. " -.h-. Ci:y.
c. Pump islands and canopies shall ro nform to v2 -d
sects c .s o. z min m of testi.': (12) feet from
z street `:-o`-wzl wntcncvc, is gez:er.
if. F2. -ti a for employees. Custome-s aid s:aching shall
: { be .,,oridtd to acco.dznce with Section E.
r. Arifinzl lighting shall b: accomplished so as to
have no d=c. light source visible from a public
1 scree, o,• ran 'R- District.
SECTIOti 6.10 C-2 COMMUATIY COM),aRC1AL
1 DIS cr
A- Purt»se And Intent This District correlates only with
Downtown Rosemount which is intended to sere the entire
city. The downtown area is intended to be a diversified
commercial cent" which offers the full range of comparison
goods, sales and services. cultural and civic, entertainment.
financial and offices and public uses. Because the downtown
is zn arca of relatively higher intensity development and
consists of buildings and uses which pre -date zoning
regulations, the:: City is intended to play a role in the
?-ovision of panting znd related public improvements. Trus.
:,o. -al yard, parking and lot requirements do not apply
w: tin ,his Dls:rct.
ijl B. Urns Permitted �v Rizitt
1. ti c.iso- k o2ntti: :s.
E
p 2. Pro!ecsionaY', 2nd Busintss Officcs.
k
10
•3.1, All Retail Goods and Service Establishments conducted
within structures but excluding automobile and -
equipment sales, services and repair establishments:
truckstops: drive-thru restaurants: gasoline and fuel sales,
car Aashcs: and commercial outdoor recreational uses.
4. Custom Manufacturing not to exceed a gross floor area
of 3.000 square feet with at lust 1/13 of said space to
be used for retail sales and display purposes.
S. Outdoor Disolzv of Merchandise for direct sale. rental or
lease provided said merchandise consists only of finished
products and not disassembled merchandise parts or
junk except that new products which arc customarily
sold unassembled and arc intended for consumer
purchase and assembly are perr..tit:cd to b: displz��S.
6. Video Arcades subject to the folio-ing rts:rictions:
a. A y arcade with fifteen (15) or more m.zchint:s shall
have an adult supervisor on duty dutin; all :tour of
opt-Vion.
b. No zrcadt shall be operated w::hin 50) feet of a
school. church or residence unless is is an inns zl
par, of a shopping ccn:er and does roc have an
cn:�ncc gulp: freta within t*.c sho-.;.ing ct......
C Usti Pcrmined By PCD Co- ne::ia1 dc.tlopm_..a invoh,ng
'1':ph G2:.tli. s:._.acres or usts sn2i1 .._ .o _s:
..._ ?L'D cored_._. K:ft. to Stcnon :2 fo. Pi.D
S=ON 6.11 C-3 H7 G I i'w'AY SER%- I C--- CO.V-1,1--l�CIAL
D IST -:U CT
A Purxxcr. And L-,tcra Tis 27..
2: Io:z._.... gh v't.....12: .:2f:- _onts c.'... _-' ♦:S:_..: R'.
1: -is p a 'c :n..ndt,. :o satisfy ti:_ needs sof pass:-;
o:c:urs.
B. Uscs Pc.-^ittcd Rv P.ix t
Salcs Rt'2:
.r2ns^:Ss1Cn. boty. Mufa:.. _ - _.ass. -
ant saici an;
Ps.
3. H016c znj \diets 2nd ac::sso:\• CScs.
Cr- gnashes .r.ciudin; dive-.hni and ccnvt•.•c: noes
Subject to the special resuric.,ions establishtd for SCI.`-
Gasoline Stations in :he C-1 Disc:i:t. R:ft: to
Scc:ion 6.9 B1.
Fu:?_ctnict Cj3so!;,nc and Fvfl S:auo s s.:bj t to the
s,ec:zl revric ions es abhshed fo Scl` S -vice Saviors in
the C-1 Dis.nci. R_rtr to Se...oi 6.9 B1.
6. Ot_tdoor Diso12y of \lrch2 dice subject to the special
rcr.nclions cs:abhshtd for the C-2 Dim::. Refer to
Section 6.10 B6.
7. Recreation. Commercial -Outdoor provided all
improvements conform to setback requirements for
principal buildings in the district and no facilities arc
closer than fifty (50) feet to an 'R' District boundary.
G Uses Permitted By PUD Commercial developments invoMng
multiple parcels. structures or uses shall be required to use
the PUD procedure. Refer to Section 13 for PUD
requirements.
SEMO1t 6.12 C'-4 GENZFLt COMMERCIAL DISTRICT
A- Purpose And Intent This district is intended to
accommodate a broad range of retail goods and services
which serve the entire community. Tough not exclusively.
businesses in this district art relatively frttstanding and tend
to occupy independent building sites. They deperd on good
eessibility. high visib ,r and rtl2tivtly lz ac volumes of
traffic and art tnerefom found along mato, s,.ctis.
3. Dctailcd site plan showing all dimensions, structures.
parking and streets, utilities, common open spaces and
grading,
i. Covenants and restrictions, if any. applying to each tract
rad to open spaces and including the responsibility for
t`,e maintenance and operation of common areas and
facilities.
S. Density and gross building eomputztions.
6. Prcliminan• axhimctu-41 drawings for each different
buildingnpc, cxtxp: s,ing)c family dw•cllings. showing
build:re tic%-Vions, schcr.:z:ic foor plans. unit
r.lt:io nships. zctrtii y areas. building r..Vt:izls. c:e.
7. 1 nds:zx ^'zn and schedule showi:; --P:s. cuzntitr.
secs arc io:anon of p:zest : z: izls.
S. C.:rs::.raion-0ccu�xn^:'', s:htdui:.
9. A dts.— :fan o` :he -z:uc_ art character of now
iat Cc\_iop a.n:1 is:hiding z des C, waste
c-isS:Ons. z:.t\i:its cC:idt_.:d cn--ernes.
s. _...
Fina; :f a len_ s___i\:sig.. a
o!v:z. If ::nal la::ing Is dIIn_ in S:a B.S. C.: :cSC
::i ...
final p!a: .:� .t\;.w' a: "d-. •:O ....
subdr\:s: n O:_.n2n.. and a�_:C:21 o.: d -- •:2l of sz;t
---n.a �t....c... :f _ - ._cs art_ S_t!n:,.
?tar rtes .-._..:... .. S:2`:
and
Cc --Ss: and s:2:. stat ._ ..- ....
G .,�.. ?.zn z:.t .n. Z�•..w\.:_d CGn_ ?.Z n and s:.c::
Hcz:.n^ Final D�tioo^crt Pla=RcrDn,:
rC: Cc_n:a.nz C: CO_:.a: s _.. .GnSld-
...G--_..dY....n iia:.n.
.. ... O:. n s 2C- _ V (-:' ant 20_ Z- will. .n:0
2 ..::'cic.-n_n.•z�__.._: ..d b•, ,.,_C: _ Re • aced
.nc::S ..'21^D:V•::Ot:- P:z: 2f: _. z -7:J:'21 has
bc_.E.a:',t6 :., .tc:... s: ...iss;Oa Of z: a-_nd:d pram
=:2t lit
^:e:n tn, an2 ._ .tom' 7,1.- SS ,..:OBJ: _
..^.ieno-
SS ..._ . _eS are r."
SEZ71lON 13 NON-CONFORhUNG USES
S=..;':10\ 13.1 PU TOSE
It is the intent of :his ordinance to pt.—it the continuation of
s:rue:ures, uses and sirs which legally test on the effective dz;e
of this ordinance but which' do no: conform to the provisions
herein st, fo-h for -,ht disc within which said structure, use o:
Sign is located..'.,..
A :o limit the ru:nbtr and exicnt of non -conforming uses by
prohibiting tht a nlzrgcment, the reestablishment af7c:
abandonment and :he zatcrvion or restoration after
destruction.
B. To evc n:u211r eliminate uses which do not conform with
dis:act rccui:crn:n:s o: to allow' zl:cra:ioas so ., ty do
conic..--.
S'. --Z-1701133 ALTERATIONS, MAINTENANCE,
R=- O.NStRUCIiON, .BAN -DON 1—r7NT
A \c n-ccnfc.-.-_ s:. .. a. uses and S; -=s shall no; be al:c:cd
or enlarged unless the change brings the structure, use or
sign into conformance with district requirements.
B. Routine maintenance and repairs may be performed on a
lawful non -conforming structure or sign to correct normal
deterioration. obsolescence and wear but shall not constitute
more than 305-t of the assessed value thereof.
C Any non -conforming structure or sign dzmaged by fire.
explosion or other causes may be restored, rebuilt o:
repaired provided that such restoration does not exceed SD -,r
of its assessed value.
D. W htnevcr z non-con`O=iag s:: s^.rc. use or sit `ts bee
2\)2LdC.^.ed f0: z :'0d of six (6).eCGit...rive :'Son:hS. such
dtscgn;inutac. shall be cons:de:ed cv:d.nce Of ._.21
zbzndc:.. and Slid use S.. , •h:mzftc, be ts:d in
confo=lrti sit.. the :aisio s Of ...is
E. NCn-eOnfc:^...'.g uses Shall c0:-••'' w:... a., .:ice: :t:+.^.s :G:
Gf:•S:._.. e_ lozd:
S=.CI701 i< D'f�SI LSTiO:` `�� BNNJr�C='�T
AD
SEC71 ON 1-.I PURPCSa DEF-- MONS, G=-
?RO�"'SIO�S
._: 2d-...:::2 :. S n2. 2:5.7 -2:.-.:2:n
SE,=N , .;_N -D p= s
s -:-._ s` . r:a__....zr. ant ---
as
:O ..r:._. a:.. dz; ..._ - C:n:;n.;ts st_..
S: CI101 l,_i EL-a_DCIG PERN--rTS - CERTLIG4TSS, OF
OCC'L'PANCi"
A Pc�it ilecuirrd No s:....._._
. n.. .,..a Offl:... 2:... f:n21 :ns7t... :S
dt...;::S::2a5 ;S ._ Y:70: 10 -:e �St
O: O0.. .2: Of 2.^.r r2^ O: 2:r
B. AnnIi--tion Content SJl zYpii:2:iccs ....:s: ..,clod: 'h
lo:iow:
^1y
1. Cor Oi_se9 �hcz:icn 7e.—s in. . 2A info.::,zao-
:.d it,, the numbe.cd spaces. dz:cd and sit..._ by
?. Tnrce (3) copies of building plans drawn to sUlt.
tog--:h--r with specifications containing lire minimum
info.:, vion listed in Section I -3C. (rht :ecuirement
for building plans mar he waived by the Building Official
for small s:ruc.. res or minor work).
3. In any instznce where an application requires a vzri2ncc
to evs:ing codes or ordinances. and an appro-I of
vanance by the local governing bode' is not Sub mired
w;:h .he p..—i: ap plicztioa. such zprlication will be
tC_=e:hc. w: :h necessary ins:;-uc:iO.is for use
a.- ...ion to the 10:21 government for Inc rt red
:--non; action.
A.1zc-'i:z:io s for s:, a .a which .couir dri\tw'af
2c. :ss .. a: „_ accc-- ...td br a: access issu•�
Da 0:2 ` Co:. - of 7rns?cr2a .: o: Int Cir Of
I
REVISED
AG RR
R,�
PUB
R R'11,.-,'
C-
10 2
P U C-2
P U
Is: r
La
c
C-1
/--PUB
r C-
-3
11R
P O -R:/
AG
PUB
Imo/. G
IG
ZONING MAP
LEGEND
I
n
�t !
City of Rosemount
Building & Inspect
2875 145th Street
Rosemount, MN
(612)423-4411
ions Division
West
'5.. Me4")
APPLICATION FOR BUILDING PERMIT
SITE ADDRESS 7 /`-� `'` Suite/ Unit No.
LEGAL DESCRIPTION: LotBlock Subdivision
_ PID 3 Q 0
Applicant (circle one
{ Owner/Buyer
Information
)
{
{ Contractor
{ Information
{
{
Architect -
Engineer
Information {
(if applicable)
'i
..
ly) (,OWNER CONTRACTOR ARCHITECT/ENGINEER
{
Name C.--)
lid 7— {
Address
� Statej?7d" Zia S�SLIL�
Citv
Phone
Name C-�
Address '
Citv
Phone
{
Name
Address {
{
Citv State Zia
{
CLASS OF WORK (circle one only)
1 NEW
2' ADDITION
{
3 ALTERATION/ REMODEL {
CkAINTENANCE/ REPAIR/ REPLACE {
{
{ TYPE OF UC URE (circle one only)
45
{
Recreational, Amusement {
{ -
e Family
Single Family Attached (Duplex)
46
Other Non -Housekeeping Shelter {
j
Residential Garage
65
70
Industrial Building {
Public Works & Utilities Buildings
{ 30
Two Family Residential
{ 31
Three -Four Family Residential
80
Public Schools {
{ 32
Multiple Family Residential
81
Private Schools
{ 40
Offices, Banks, Professional
85
Churches & Religious Buildings
{ 41
Stores, Restaurant, Warehouse
88
Hospitals & Institutional
{ 42
Hotels, Motels
93
Other Non -Residential Buildings
{ 43
Parking Garage
95
Fences, Signs, Antennas
{ 44
Service Stations & Repair Garages
96
Other Non -Building Structures
JOB ADDRESS:
GENERAL CONTRACTOR:
EXCAVATOR
ADDRESS
ADDRESS
PHONE NO.
PHONE NO.
LICENSE NO.
LICENSE NO.
CONCRETE/MASONRY
SEWER/WATER/SEPTIC:
ADDRESS
ADDRESS
PHONE NO.
PHONE NO.
LICENSE NO.
LICENSE NO.
FRAMEWORK
PLUMBING
ADDRESS
ADDRESS
PHONE NO.
PHONE NO.
LICENSE NO.
LICENSE NO.
HVAC
ADDRESS
PHONE NO.
LICENSE NO.
FIREPLACE
ADDRESS
PHONE NO.
LICENSE NO.
INSULATORS
ADDRESS
PHONE NO.
LICENSE NO.
SIDERS
ADDRESS
PHONE NO.
LICENSE NO.
POOL
ADDRESS
PHONE NO.
LICENSE NO.
FIRE SPRINKLER
ADDRESS
PHONE NO.
LICENSE NO.
ELECTRICAL
ADDRESS
PHONE NO. '
LICENSE NO.
ROOFERS
ADDRESS
PHONE NO.
LICENSE NO.
SHEETROCKERS
ADDRESS
PHONE NO.
LICENSE NO.
LANDSCAPING
ADDRESS
PHONE NO.
LICENSE NO.
LAWN SPRINKLERS
ADDRESS
PHONE NO.
LICENSE NO.
REFRIGERATION
ADDRESS
PHONE NO.
LICENSE NO.
PHONE (612) 423-4411
FAX (612) 4235203
August 20, 1902
(Pity of (Rosemount
2675 - 145th Street West, Rosemount, Minnesota
Mailing Address:
P.O. Box 510. Rosemount, Minnesota 55066.0510
Mr. Todd Franz
South Metro Auto Brokers
13940 South Robert Trail
Rosemount, MN 55068
Dear Mr. Franz':
Your application for a building permit dated
windows in the residential dwelling unit
denied.
MAYOR
Edward B. McMenomy
COUNCILMEMBERS
Sheila Klassen
James (Red) Steals
Harry Willcox
Dennis Wcppermann
ADMINISTRATOR
Stepnan Jilk
July 29, 1992 for the installation of new
located at the above address has been
The basis of the denial is my interpretation of non -conforming uses. Your property
is zoned C-2 (Commercial). Residential use is not permitted in a C-2 zoning district.
Auto sales is not a permitted use in a C-2 district either, however you have been
allowed the legal non -conforming status for the dealership .and have been allowed to
make certain i yr�nprovements to your office structure associated with that use.
This matter has been forwarded to the City's attorney for review.
You have the tight to appeal my interpretation if you feel it has been made in error
as provided for in Section 15 of Ordinance B, City of Rosemount Zoning Ordinance.
I have enclosed a copy of Section 15 for your review.
Sincerely,
Ron Wasmund,
Public Works Director/Building Official
cc: Stephan Jilk, City Administrator
Mike Miles, City Attorney
Lisa Freese, Planning Director
Paul Hemkes, Building Inspector
Sverglliings �omtng `U 90sPmou1111.1
s
Building Height The distance between the average ground level at the building line and the
Nghest point of the roof for flat roof, to the deck line of a mansard roof or to the highest
gable on a pitched or hipped roof.
Building Line That line measured across the width of the lot -at the point where tate main
structure is placed in accordance with setback pro%isions.
Building. Principal A building in which is conducted the main or primary use of the lot on
which it is located.
Ganyash. Accessory An accessory building or part of a principal building equipped with
mechanical equipment for washing autos (not a conveyer system) which is accessory to a
gasoline station and comprises only one normal service bay of the gas station.
Carwash. Principal Use A principal building or use which is equipped with a convevor system
and other mechanical equipment and facilities for washing motor vehicles.
hurch A building, together with its accessory buildings and uses, where persons regularly
assemble for religious worship and which building. together with iu accesson. buildings and
uses, is maintained and controlled by a religious body organized to sustain public worship.
Cir• The City of Rosemount, Dakota County, 'Minnesota.
Cir• Engineer The professional engineer employed by the City of Rosemount.
Ciearcutting The removal of an entire stand of trees.
Club. Lodge A non-profit organization catering exclusively to members and their guests.
Cluster Housing The grouping of housing units which results in higher density clusters while
maintaining approximately the same overall allowable site density. Cluster housing shall include
townhouses, zero lot he houses, row houses and similar housing t\pes.
Cluster Housina. Detached Single-family detached dwellings on lou that are smaller than
district requirements.
Commission shall mean the Planning Commission of the City of Rosemount.
Commissioner shall mean the Commissioner of the Department of Natural Resources.
Comprehensive Plan A compilation of policy statements, goals, standards and maps for guiding
the physical, social and economic development of the City and including a land use plan, a
community facilities plan and a transportation plan which has been prepared and adopted by
the City of Rosemount.
Condominium A building, or group of buildings, in which units are owned individually, and the
structure, common areas and facilities are owned by all the owners on a proportional, undivided
basis.
Condominium Association The community association which administers and maintains the
common property and common elements of a condominium.
Congregate Housing Group housing for five (5) or more individuals not related by blood,
marriage or adoption on a weekly or longer basis. Typical uses include retirement homes and
boarding houses.
Convenience Store. Motor Fuel Station A motor fuel station that offers for sale a limited
amount of food and household products, which are in addition to those typically supplied at a
motor fuel station.
Council shall refer to the City Council of the City of Rosemount.
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Dav Care Center Ai use defined by Chapter 462, Minnesota Statutes, which is operated for
profit for the daytime only care of children and adults.
Density The numbei of dwelling units residing upon, or to be developed upon, a gross acre
of land.
District An area of land for which there are uniform regulations governing the use of buildings
and premises.
Dwelling Any building or portion thereof, which is designed or used exclusively for residential
purposes but not including rooms in motels, hotels, nursing homes, boarding houses, nor
trailers, tents, cabins', or trailer coaches.
Dwelling. Multiple-FlImily A residential building, or portion thereof, containing three (3) or
more dwelling units.'
Dwelling. Single -Family Attached A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls and has at least two (2) walls exposed to the outdoors.
This definition shall not include units which are joined to one another by floor or ceiling.
Dwelling. Single-Famihv Detached A building designed for or occupied exclusively by one family
and attached to no other building.
rRS Dw•ellino. Two -Family A residential building containing two (2) dwelling units.
Family An individual, or two (2) or more persons related by blood, marriage or adoption, or
a group of not more than five (5) persons not so related, living together as a single
housekeeping unit using common cooking and kitchen facilities.
Floor Area The sum of the gross horizontal areas of the floors of a building or dwelling unit,
measured from the -exterior walls, or from the centerline of party walls separating buildings,
excluding basements.
Funeral Home A building used for the preparation of the deceased for burial and the display
of deceased and ceremonies connected therewith before burial or cremation.
Garage. Private Anaccessory building or an accessory portion of a principal building'desiQned
or used solely for the storage of non-commercial motor vehicles, boats and similar vehicles
which are owned and used by the occupants of the building to which it is accessory.
Garage/Yard Sale The temporary display and sale of goods within the garage and/or driveway
of a residence.
Gasoline Station, Full Service A structure plus an area of land that is used or designed for
the supply of motor vehicle fuels. For the purpose of this ordinance, this term shall also mean
an area or structure used for greasing, changing the oil, washing or repairing automobiles when
such uses are accessory to the principal gasoline station use.
Gasoline Station, Self Service A structure plus an area of land that is designed for the supply
of motor vehicle fuels, where no other automobile services are provided and the fuel is pumped
only by the customer.
Gross Floor Area (gFM For the purpose of computing required parking, Gross Floor Area
is the Floor Area for the building excluding accessory garages; underground parking, areas not
enclosed by exterior walls, mechanical rooms, patios, decks, restrooms, elevator shafts, or
stairwells.
Group Usable Open; Space Open space associated with a multiple -family development -that is
not part of a required yard, is relatively free of buildings and is available for recreational usage
by the residents.
Guest Room A room or group of rooms occupied, arranged or designed for occupancy by one
(1) or more guests for compensation.
Hazardous Waste Substances listed as "hazardous" or "toxic" in the Comprehensive
}
Environmental Response Compensation Act, 42 U.S.C. Sec. 9601 et. seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et, seq., and regulations interpreting such
acts, Minnesota Statute Sec. 116.06, Subd. 13 and regulations interpreting such statute or any
other federal, state or local law regulating toxic or hazardous substances.
Home Oecunation A gainful occupation conducted in a residential building which is clearly
secondary and incidental to the principal residential use of said building and generates no
appreciable increase in traffic at any time over that customarily associated with a residential use.
This occupation shall be carried on only by the dwelling's occupants. There shall be no stock
in trade stored on the premises or over-the-counter retail sales.
Homeowners Association A community association, other than a condominium association,
which is organized in a development in which individual owners share common interests in open
space or facilities.
Hotel A building containing eight (8) or more guest rooms in which lodging is provided x ith
or without meals for compensation and which is open to transient or permanent guests or both,
and where no provision is made for cooking in any guest room, and in which ingress and esress
to and from all rooms is made through an inside lobby or office supervised by a person in
charge.
Interim Use A temporary use of property until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit it.
,dunked Vehicle The term junked vehicle" means any vehicle, as defined in this section, which
does not have lawfully affixed or attached thereto an unexpired state registration or license plate
or plates, or the condition of which is wrecked, dismantled, partiallydismantled, inoperative,
abandoned or discarded.
Kennel Any lot or premises for the sale, boarding or breeding of dogs, cats or other household
pets. Kennel shall mean three (3) or more animals over six (6) months of age.
Lot A separate parcel, tract, or area of land undivided by any public street or approved private
road, which has been established by plat, metes and bounds subdivision, or as otherwise
permitted by law, and which is occupied by or intended to be developed for and occupied by
a principal building or group of such buildings and accessory buildings, or utilized for a
principal use and uses accessory thereto, including such open spaces and yards as are designed
and arranged or required by this Ordinance for such building, use or development.
Lot Area The area of a horizontal plane bounded by the front, side or rear lot lines, but not
including any area occupied by the waters of lakes or rivers or by street rights-of-way.
Lot, Corner A lot which has at least two (2) contiguous sides abutting upon a street for their
full length.
Lot Coverage The percent of the lot covered with structures, paved and other impervious
surfaces.
Lot. Interior A lot other than a corner lot.
Lot Line The lines bounding a lot as herein described.
Lot of Record A lot which is part of a subdivision or plat, an Auditor's Subdivision or a
registered Land Survey; or a parcel of land not so platted, for which a deed has been recorded
in the Dakota County Recorder's Office prior to October 19, 1972.
Lot. Through A lot where opposite lot lines abut two (2) parallel streets and which is not a
corner lot.
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Shoreland Lands lorated within 1,000 feet of the OHWL of a lake, Pond or flowage and within
3W feet of a river or stream or the landward extent of a floodesignated by ordinance
n� is and
whichever is greater. p
the Zoning Map on such river or stream,waters involved are bounded by
sborelands may be less than the statutory limit$ whenever th for lesser distances.
topographic divides which extend landward from the OH
solar
gy into
Solar Collector A device, structure or part then�ibu est sig ificantly to transfers a structu es a ergy
thermal, chemical or electrical energy and that eo
supply. To be utilized in a cost effective manner the collector should be oriented to within 22-
1 _true south.
reel A public thoroughfare which affords the principal. means of access to abutting property.
,street Line The legal. line of demarcationbetween a street and abutting land.
tru ur Anything,constructed or erected, the use °which requires a location on the ground,
or attached to something having a location on the ground.
rrange, or
U -e The purpose or activity for which the land aintaincd building andereon is shell in rude nan �amanner of
intended, or for which it is occupied or m performance standards of this ordinance.
performance of such activity with respect to the ix
Use PerA use which is permitted only if the PUD procedure is used and a
plan is formaliN. approved b}• the City.
Use Permitted by Right A use which is unconditionall} permitted in the district under which
it is listed.
Use Public and Jnstitutional A government, non-profit or quasi -public use or institution such
as a church, library',, public or private school,
hospital or municipally owned or operated
building, structure or land use for public purpose, or a use owned It operated ti anon -profit,
religious or elecmosvnary institution and providing educational, cultural, recreational, religious
or similar types of public programs.
o be
or d sig
Vehicle The term 'vehicle' means ani �.ehwhich utom bi es. buses, motorbikes, tmotorc}cles
or pulled and shall include, but not be limiteders, trailers, boats, planes and eliders.
motor scooters, trucks, tractors, go-carts, golf carts, camp .
ny activity that will change or diminish the course, current, or cross.
Wetland Alteration '_A
section of a public water.
IN'etlands Swamps, ,marshes or drainage basins as defined in U.S. Fish and Wildlife Circular
1\0. 39 (1971 Edition). For the purposes of shoreland/wetland regulations, wetland types 3, 4
and 5, of at least 2.5 acres in size, will be regulated.
a lot which is
Yard or Setback A required open space ovided for herein. The measu red unobstructed
of a yard shall
the Ground upward, except as otherwise pro
be construed as the minimum horizontal distance between the lot line and the building line.
e lot lines
Yar_ d, Front A vard extending along the full width of of the line to at
depth required line between �an the yard
and extending from the abutting front street r gh n., a rnrner lot the narrowest street
regulations for the district in which such lot is located.
dimension shall be the front vard.
Yard Interior Side A side yard which is not adjacent to a street.
yard., A vard extending along a side
lns for the district ein the front and which such otsrlo�ca ed.ha«ng
a width as specified in thea resulet o
YarCtreet Side ,?. side yard which is adjacent to a street.
i
A
Zero Lot Line Housing Single-family detached dwellings located on individual lots which are
designated to have no setback from one or more lot lines.
Zoning District See "District"
SECTION 4 GENERAL PROVISIONS
These provisions apply to all districts.
SECTION' 4.1 SCOPE AND INTERPRETATION
A. Scope No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed,
altered or moved and no structure or land shall be used for any purpose or in any
manner which is not in conformity with the provisions of this ordinance.
B. Interpretation In their interpretation and application, the provisions of this ordinance
shall be held to be the minimum requirements for the promotion of the public health,
safety, morals and general welfare.
SECTION 4.: LOT PROVISIONS
A. Lots of Record
1. No lot of record shall be reduced in size below the district requirements of this
ordinance.
2. A lot of record shall be deemed a buildable lot even though the lot area and/or
dimensions are less than those required for the district provided as follows:
a. It fronts on a public street.
b. Minimum requirements for private or public utility service are met.
c. Evidence must be presented that the lot in question met minimum requirements
for the di%ision of property under ordinance regulations in effect at the time of the
division of property.
B. One Buildin; Per Lot Except for PUD, or a multiple -family project; not more than one
(1) principal building shall be located on a lot.
SECTION 43 SEVPER AND WATER SINGLE-FAMILY DWELLINGS
Single -Family Dwellings which are not connected to the municipal sewer system shall be
permitted only when the requirements for private on-site sewer systems have been satisfied.
SECTION 4.4 ATTACHED DEVELOPMENTS
A. All Attached Developments which share the ownership of common open spaces or other
facilities (i.e. driveways or utility serrices) shall be required to have condominium
association documentation consistent with State Statutes.
B. Single-family Attached Dwellings without common open space or shared facilities shall
have FHA Party Wall, Maintenance or comparable agreements consistent \vith State
Statutes.
SECTION 4.5 ROOF -TOP MECHANICAL SYSTEMS
All outside rooftop mechanical systems shall be completely screened from public streets and "R"
` Districts.
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SECTION 6,10 C -r COMMUNITY COMMERCIAL DISTRICT
A. Purpose And Intent This District correlates only with Downtown Rosemount which is
intended to serve the entire city. The downtown area is intended to be a diversified
commercial center which offers the full range of comparison goods, sales and services,
cultural and civic, entertainment, financial and offices and public uses. Because the
downtown is an area of relatively higher intensity development and consists of buildings
and uses which pre -date zoning regulations, the City is intended to play a role in the
provision of parking and related public improvements. Thus, normal yard, parking and
lot requirements do not apply within this District.
B. Uses Permitted) By Right
1. Accessory, Apartments.
2. Professional and Business Offices.
3. All Retail Goods and Senice Establishments conducted within structures but excluding
automobile and equipment sales; services and repair establishments; truckstops; drive-
thru restaurants; gasoline and fuel sales; car washes; and commercial outdoor
recreational uses.
4. Custom Manufacturing not to exceed a gross floor area of 2,000 square feet with at
least 1/13 of said space to be used for retail sales and display purposes.
5. Outdoor Displav of Merchandise for direct sale, rental or lease provided said
merchandise consists only of finished products and not disassembled merchandise parts
or junk; except that new products which are customarily sold unassembled and are
intended for consumer. purchase and assembly are permitted to be displayed.
6. Video arcades subject to the following restrictions:
a. Any arcade v ith fifteen (15) or more, machines shall have an adult supervisor on
duty during all hours of operation.
b. No arcade shall be operated within 500 feet of a school. church or residence unless
it is an integral part of a shopping center and does not have an entrance except
from \vitlin the shopping center.
C. Uses Permitted' By PUD Commercial developments involving multiple parcels, structures
or uses shall be required to use the PUD procedure. Refer to Section 12 for PUD
requirements.
SECTION 6.11 C-3 HIGMVAY SERVICE COMMERCIAL DISTRICT
A. Purpose And Intent This is a highly specialized district which is located in high vehicular
traffic zones with high -risibility. It is primarily intended to satisfy the needs of passing
motorists.
B. Uses Permitted By Right
1. Automobile' Ecuipment Sales and Repair Shops including transmission, body, paint,
muffler, engine, glass, battery and tire sales and services.
2. Eating, Establishments including truckstops and drive -ups.
3. Hotels and .Motels and accessory uses.
4. Car Washes including drive-thru and conveyor types subject to the special restrictions
established for Self -Service Gasoline Stations in the C-1 District. Refer to Section 6.9
B1.
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5. Full -Service Gasoline and Fuel Stations subject to the special restrictions established
for Self -Service Stations in the C-1 District. Refer to Section 6.9 B1.
6. Outdoor Dis)lav of Merchandise subject to the special restrictions established for the
C-2 District. Refer to Section 6.10 B5.
7. Recreation Commercial -Outdoor provided all improvements conform to setback
requirements for principal buildings in the district and no facilities are closer than fifty
(50) feet to an -R" District boundary.
C. Uses Permitted By PUD Commercial developments involving multiple parcels, structures
or uses shall be required to use the PUD procedure. Refer to Section 12 for PUD
requirements.
SECTION 6.1-1 C4 GENERAL COMMERCIAL DISTRICT
A. Purpose And Intent This district is intended to accommodate a broad ranee of retail
goods and services which serve the entire community. Though not exclusively, businesses
in this district are relatively freestandine and tend to occupy independent building sites.
They depend on good accessibility, high visibility and relatively large volumes of traffic
and are therefore found along major streets.
B. Uses Permitted By Ri?ht
1. Accessory Apartments.
2. Agricultural Implement Sales and Services.
3. Automobile Equipment Sales and Repair Shops.
4. Automobile and RV Sales. Service and Rental.
5.. Business Schools.
.6. Business Services and .Repairs including office supplies and equipment.
i. Clubs and Lodges -Private.
8. Commercial Recreation -Indoor: bowling alleys, pool halls, racquetball and tennis
courts and roller rinks.
9. Communications Services includinc radio and TMJ broadcasting stations and studios
but excluding towers.
10. Construction Materials Sales including lumber yards and building supply stores.
11. Dav Care Centers. Nursery and Montessori Schools.'
12. Eatine and Drinking Establishments including drive -ups and taverns.
13. Entertainment Facilities: nieht clubs, theaters, movie theaters.
14. Financial Institutions and Banks.
15. Food and Beverage Retail Sales.
16. Funeral Homes and Mortuaries.
17. Health Care Facilities: hospitals, nursing homes and extended care facilities.
18. Health Spas and Reducing Salons.
19. Home Furnishings Stores.
20. Hotels and Motels.
21. Laundry Establishments.
22. Offices. Business and Professional.
23. Printing and Duplicating Shops.
24. Repair Services including bicycles, furniture, appliances, shoes, etc.
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SECTION 13 NON -CONFORMING USES
SECTION 13.1 PURPOSE
It is the intent of this ordinance to permit the continuation of structures, uses and signs which
legally exist on the effective date of this ordinance but which do not conform to the provisions
herein set forth for the district within which said structure, use or sign is located.
A- To limit the number and extent of non -conforming uses by prohibiting the enlargement,
the re-establishment after abandonment and the alteration or restoration after destruction.
B. To eventually eliminate uses which do not conform with district requirements or to allow
alterations so they do conform.
SECTION 13.2 ALTERATIONS, MAINTENANCE, RECONSTRUCTION,
ABANDONNIEN'T
A. Non -conforming structures, uses and signs shall not be altered or enlarged unless tide
change brings the structure, use or sign into conformance with district requirements. .
B. Routine maintenance and repairs may be performed on a lawful non -conforming structure:
or sign to correct normal deterioration, obsolescence and wear but shall not constitute
more than thirty percent (30%) of the assessed value thereof.
C. Any non -conforming structure or sign damaged by fire, explosion or other causes may
be restored, rebuilt or repaired provided that such restoration does not exceed fifty
percent (50%) of its assessed value.
D. Whenever a non -conforming structure, use or sign has been abandoned for a period of
six (6) consecutive months, such discontinuance shall be considered evidence of legal
abandonment and said use shall thereafter be used in conformity with the provisions of
this ordinance.
E. Non -conforming uses shall comply with all regulations for off-street parking, loading,
screening, landscaping and performance standards.
SECTION 14 ADMINISTRATION AND ENFORCEMENT
SECTION 14.1 PURPOSE, DEFINITIONS, GENERAL PROVISIONS
The City Council shall designate a zoning administrator, who shall administer and enforce the
provisions of this ordinance and for the purpose of this ordinance shall have the power of a
police officer. The zoning administrator shall also maintain current and permanent records of
this ordinance, including but not limited to amendments, variances, appeals and conditional uses.
SECTION 142 VIOLATIONS AND PENALTIES
Any person who violates or fails to comply with any provisions of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof shall be punished to the maximum extent
authorized in Minnesota Statutes Section 412.231, as amended from time to time. Each day
the violation continues shall constitute a separate offense.
SECTION 143 BUILDING PERMITS - CERTIFICATES OF OCCUPANCY
A. Permit Required No structure shall be erected, altered, wrecked or moved until a
building permit has been issued by the City of Rosemount. A Certificate of Occupancy,
issued by the Building Official after final inspections which demonstrates code compliance,
is required prior to the use or occupancy of any structure or part of any structure.
47
8. Excavation, including excavation for building foundations and earth grading;
9. Private sewer installation, repair, pumping and hauling; and
10. Fencing.
B. Proof of State License Before any person shall engage in any of the following businesses
within the City of Rosemount, he shall file proof with the City Clerk of compliance with
all state licensing requirements:
1. Plumbing work;
2. Electrical work;
3. Building mover;
4. Steam fitter;
5. Well driller; and
6. Water conditioner installer or contractor.
C. Conditions Applications, fees and conditions for licensing are established by separate
ordinance. All information may be obtained through the office of the City CIerk.
SECTION 14.6 ON-SITE SEWER REQUIREMENTS
Standards for the installation and repair of individual on-site sewer systems are established by
the Minnesota Pollution Control Agency. Commonly referred to as "WPC -40," these standards
are herein adopted by reference.
A. Permit Required No person shall .install, repair, alter or pump an on-site sewer system
without first obtaining a permit as provided herein. Applications, provided by the City,
must be completed in u7iting prior to issuance of a permit. Permit fees are established
by resolution of the Citv Council.
B. License Required Installation, repair, pumping and hauling of private on-site sewer
systems requires licensing per Section 14.5 of this ordinance.
C. Required Conditions
1. Soil percolation tests must be completed by an independent part and must be favorable
for the operation of an on-site sewer system before a permit will be issued.
2. Installations, alterations, repairs and maintenance shall be performed in accordance
with the latest "WPC -40- standards published by the Minnesota Pollution Control
Agency.
3. No private on-site sewer system shall be permitted on any site less than 2.5 acres.
SECTION 14.7 GRADING PERMITS
A. Permit Required No person shall excavate, fill, dig, raise or lower or otherwise alter the
surface of the earth without first obtaining a permit as required under Sections 9-2-1 and
9-2-2 of the City Code of the City of Rosemount and as further provided for herein.
Applications, provided by the City, must be completed in writing prior to issuance of a
permit. Permit fees are established by resolution of the City Council.
B. License Required Excavating, filling or any other type of earth moving requires licensing
per Section 14.5 of this ordinance.
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