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HomeMy WebLinkAbout7.b. Novacek Appeal, afRrs 19 � t 05 t! Of 2875 -145TH ST. W. � ROSEMOUNT. MINNESOTA 55068 ose i o u n t 612-423-4411 February 18, 1987' Mr. George Novacek 10226 196th Street West Lakeville, MN 55044 Dear Mr. Novacek: The Planning Commission of the City of Rosemount has denied your request to operate an automobile repair and sales business. The property in question is zoned Agriculture, which does not permit these 'businesses. As I explained to you earlier, the area has no immediate potential for public` improvements, which plays a major role in redesignating land uses and rezoning properties You have the right to appeal this decision to the City Council. If you so choose, you must contact the City Administrator's office. This process takesapproximately one month and requires a four-fifths vote of the City Council to overrule the Planning Commission's action. - Please do not hesitate to contact me if you have any questions regarding this matter. Sincerely, Dean R. Johnson Director of Planning & Building DRJ:DQ tRRLE 198? 05 4 Oli7'L 1 i' .Yl. I' Y' o njo!111 "OT ;: .-. .,��,T r 1 11, a •ter,-,-:, `a L}i_ E; f, �1c�;!'"'� i�-., , ,,li",.(':F' .1. �;L .,..1 ��Gt Plan _''or fut vre use. ^f 1 i't^ inY'op er ty from Pliil`t Auto Lodi. +•ill. wil, t i_Oc`:3?S Eui �iivfull lo! t) I L 2ttld i w 1 l j , 1711 3f -cu c r.it1. _ ­xpe-'it e -.-ou.r E.1r,-acr 1 e ,0 t}1�it rrn� �:-r3_ :Tit;h t"e t.>;ct .;t I'r n.et`, t}tu f�,,; it c r iaif:h tree l.ado of;. reciL -,e i"j. if j cu ('Ulald te'li re Ar, o. fin -I 7 1 "', t��.=�.. , c,,vsider tt�i,;, },e, i?.es lltils alid AAA,there l.fi Oir" 77.-'-?.lf I'i1l? rr:Tn:'L of 1"i the Old-rechwz y f!,Ct-.o7'y, onrc rile east �1, 1� �. {• �.-`7 (1 . „'Y'Fi_��hIV1�under irt� rn��t_ iwt_:, illiLa_- - A17 T w i_ , o c U is fix r, r . lu as You ~ Y9 ants urge coordinate , ' ,g with. teen pregnancy tion available to them, they tend to delay the onset of sexual ac - tivity and when they do become sexually active, they tend to be better "contraceptors", and show a lower pregnancy rate. Currently, there is an average delay of 11 months between the Lime a teenager becomes sexually active and : the time he or she seeks birth control, Resnick added. But half of all teenage preg - nancies occur within the first 6 months of sexual activity, and Legal help -for 19.87 Q - 7 � MOTOR MOUTHI All ,About Cars ... by George Novacek 20% of teen pregnancies occu-r in the first month. "The problem won't be solved just if schools have clinics or if schools teach coping skills," said Joellen Johnson, chair of Mounds View School District 621." "It's much bigger'" that." "Schools in conjunction'with counties in conjunction -with churches in conjunction with community education in con junction with whover—that's who is going to solve this prob - lem," Johnson said. Tri-State How to settle your collision claim If you have the misfortune of being in an accident with your car and, worse, if you may have totaled it out, then you should make sure you get your true value. To the insurance companies, the NADA wholesale retail guide book on auto values is the bible. It will usually stand up in courts if you challenge a settlement. -' Some persons will buy a used car at less than. NADA retail value. Many, will- buy at average: retail value and still a few more this, the at -fault party or your own company would have to pay the claim. If you total out a new car that you have owned for about 6 or 8 months, .it's always .a tough situation. The insurance company can depreciate your car the same as new car dealers can. Or, if you paid $12,000 Jan. 1 and totaled it out Aug. 1, you could conceivably collect as little as $9,000. ' It is not an unheard of situation to have an accident that totals the car, the insurance company pays the settlement and you still owe money.on it. homeowners nil, but, 90Me will pay over listed retail value. :You should always be careful. help :available The office of Minnesota Attorney General Hubert Hum- phrey m has announced that they are distributing an . information booklet for homeowners exper- iencing problems' with Tri-Sta Homes, Ipc. Tri-State Homes, Inc. was Mercer, Wisconsin -based builder of manufactured homes which sold about 680 homes in Min - nesota in the 1970's. This past summer, Tri -Sate Homes was declared bankrupt and its assets liquidated. Homeowner complaints about Tri-State homes in Minnesota be gan to surface last summer after similar complaints were pub licized in Wisconsin. Problems involve structural decay of the homes due to high moisture levels and lack o adequate ventilation. The booklet prepared by th Attorney Generars office provides information on the initiatives be ing taken by Minnesota officials to address problems; includes copy of a Wisconsin Task For report on Tri-State Homes; pro vides expert, generic information with respect to moisture an ventalition problems; and, offer possible sources of financial as sismce though lending program and property tax relief which may be available to the homeowners. The Attorney General's office has been unable to identify an realistic source through which The first group has an edge. if the circumstances are such that with the state: The 'insurance companies must. the at -fault party is the other pay a total loss based on aaveragel ' driver and you are collecting from cause the company was declared ' book value, even if you had just them. Be:rsure that,. besides,-- bankrupt esides bankrupt and no longer exists.: purchased the" car that morning adhering to. book values, 'your Humphrey expressed the con'- for $500 or less. accepting a- check is for' the car cern that homeowners. might be The party paying ,$500 too only. Don't sign away , other misled or frightened by contract- much in the - same set of rights, such as a line,that says to ors proposing expensive repair circumstances has a problem. The something like '"Ibis satisfies all, solutions that. don't really solve only way. to cover yourself in claims". If you developed medical a the problem.. that situation would be to have problems later, you could hiNe • Ile is encouraging Tri-State your agent insure the extra cost trouble going' after the other homeowners to take remedial ac- and state it. if you have done company. tion now to lower humidity levels in their homes, but to wait for completion of a state evalu- ^� FR/ ation program before committing GV E,` themselves to expensive repairs.' The evaluation program; fioraf which should be in operation in & (� j t January, involves a team of in spectors who will attempt to pin HOLIDAY HOURS: Mon. thru point the source of the problems Fri. 8 am to 8 pm; Sat. 8 am to 5 pin and determine what repairs are f actuallyter� anon on the ' WE DELIVER to Farmington, Furtactivities of the state working - Lakeville, Rosemount &Apple Valley e group on Tri=State Homes -and'. AVE �E Flowers Worldwide the state evaluation, program will be made available through* the; , :, als University of Minnesota's Agri - 460=6266,_ a cultural Extension Service s EX _11. Force TEND -U program,. through local': . County Extension Services. P,S.--We Help Booklets are being -mailed to,+ d those homeowners who have con , Weary. and Exhausted s tailed the Attorney General's of = ; fice either directly or through a Shoppers! s referral. 302 Oak Street, Farmington, MN Y To receive a copy of the bolt - let, consumers can call their local County Extension Service or the Y Attorney General's Consumer 1Z_%SSSSS, a Division -in St. Paul at 296 �, t 10�."u 196th ;lest 2/28/87 D-keville Min. 55044 C s 1987 ® 5 Toel ^ubject- permission to repair autos. Part one, the nature of my business. I buY O-a.mrgt ed automobiles at insurance auctions and restore th"m to normal use. Sometimes I go as far away as Phoenix Az or Dalltis Texas to buy them.There are three such auctions in the twin city area also. I attend$ these as well. In order to buy at auctions I must be a registered car dealer ,,tial I,nv(- a state license. The states dealer division has ng.objee.,t to is^ueinr a license on a property zoned agricultural as long; Is the loc, 1 cor(w unity doesn't. That is the purpose of this request. I need your consent to allo rine to build a buildinf abotit 40 feet by 50 feet on 2058 135th stre west rind to allow me to repair cars within that building and on tho,;o primisen. Tlt:A address is zoned' agricultural. "`fir �1 gins Ire for there being no visible evidence of the .o,peratto. from; :any anp-le drivinf, by. It simply isn't a, retail type of� operat Ut It is primarily a wholesale venture}. We sell our cars directly to lenlc,rs or A auto auctions. We of course have the occasional frlprO. or relative who wants one and some reffera,lse I will hire no employees and open no used car lot. I and my, wife. rref-r -gin o.por-ition that looks r,orr. like: a 'home then a business. I would be aj-rneablr� to any conditions you mar set down and would, to revue from time to time as you see fit. as 1987 0 5 ter, ,,�� AM 9 pit E ( i`k � Pert two -about me. f s { t �4���� t+�" I'n 52 years old. It has been my life longi; Goal to have my own, � : z- horse and enterprise. on the some spot. I like the comraunit of I` Ao^emount and this; property is ideally Huited for me. I'm; also hnnrlicapned from polio in 1959 and this opportunity is kind of r , �6jn f,gf !; fx�' i' a laat time ?round for me.�rt e I'm ab).e to Oo thi's type of work with the help of my sons. I rinnt have 9:ny j)1, -.ins to enlrarre it beyond Ply present size. We u worts about 4 to6 c•.r n � on av(zrace. The most we have ever had is ls`Bi Y' i ,4 R 10. I sell the cars to dealers directly or at auto auctions. Ocensionally,! I r P 11 to a friend or relative and on some occasion I will buy a specific type of car for someone. Because of both tine and monetary limitations alonf^ with ambition limitations, tr',y blr ;irnss .All Trot see any substantival chance in the future. I h tvo o1)nrnted -:t this level 'for 10 yeti rs now and arrr very s'�t i�fit�d Ath it. ' 4, }1;-jve never 31.id any colplaints from our corwiiuntty where we work 6 novr in Lal ovillc-. We h,rve no complaints aF-.ainst us at dealers a ivi'=ion with this: st !te of Minnesota either. We guarentee our cars in r-ur work. We 11,­vP rrany repeat buyers. I !-rite n. ref,.ul.-,r newspaper coltamn for the Lakeville Times about auLor:iot,iles. I've also had a couple of free lance articles in fir' t;PL.S. m^-- zine a1on­. with one in a national publication. I've enclo-;ed one of my news columns. grr { ( r pi Y Pcl ; three Cit�tK'S a 07 � ,. le Part three- should you grafi While my plan isn't consistent with the with the ;resent environment. With AAA acci rev ;r have a buildup of waste car parts. W) I will be an appropriate neighbor to Yhils 1'r operation will be ;very smalls family r th•rn- of them. You r,:ay keep in mind too the Verr-ission at any time land if you did the license. This will keep us walkinf on eLi sl to crente any rroblems are concerned. It's also worthy to note that all car de, rio ns t'ia.t if do nnythinr remotely ille, t ­ r,+ s ,-ird non�l it ions you set down, any lei, woii ll bo covered. "'herr-'s Un in this venture for you too i,- unique. There erre not very rf;any of them t-rerrenlour, effect on insurance rates. Adju r!. r, with is litly le Is 30% dawapo because j oi:lc; lik•. me to br y for them at insuranc irriustry the adjusters would repair cars w If it n vital economic service of benifi ►iii-rch,,jnts. It's also wholesale by nature. mor,: JAon. The spot I w:-nt to use is ideal � 1` r -he r in s I-'Jc or r /7 z -h rh d 6 -Pp cef 7 e, VW,- CL E Gi el 'n %-- CZ M / / '34[ .oz_ -1, o 3 7 . . ..................................... zrs «rhe .4 A r'* � Cc 1 C- J�- Vt. 4A OD "MOTOR MOUTH" All About Cars—by George Novacek HERE'S AN ADVENTURE THAT I COULD HAVE DONE WITHOUTI In this article I'll make this recommendation: If you're buy - ing a new car, order power door locks; if you own a used car without power locks, or if you're riding in any vehicle with manual door locks, still use them. Here's whyl 1 was in Phoenix, AZ a short time ago buying cars. On the morning prior to the auction I was on my way to look the cars over in advance. To get there from from my in- laws, with whom I stay down there, i have to cross the city from east to west. One of the best moving streets to use is Van Buren St. There are no freeways in Phoenix, and Van Buren would compare with Lake Street in Minneapolis, only the tacky area is longer and, I'm now convinced, more dangerous. It was about 6 a.m. and still a fairly dark twilight. While wait - ing at a stop light, my passen - ger doer suddenly opened and a girl about 20 or younger jumped in and pressed something silvery and pointed against my right side just above my belt. I could feel a faint sting where the point went through my shirt to the skin. Her timing was good; the stop light was chang - ing. She said: "Start moving!" I was still trying to compre - bend what was happening and did as she said since no sense of real danger or panic had overcome me as yet. "What do you want?". I asked. "Just drive normal and keep going 'til i tell you to sop," was the reply. Now, like President Reagan once reportedly said: "All things considered, I'd rather be in Phila - deiphia," was the way I was be - ginning to feel. . I tried to evaluate her. She looked like she had been up all night. From what I've rad about it, she probably was coming down off some drugs and I hoped, just trying to scare up some money. I ruled out a possible prostitute. With that knife or whatever it was pressed against my side, she wasn't selling anything — she was taking! I began weighing the conse - quences of various actions. Let's see, my heart is on my left, she's on my right. That vital organ should be safe. The MORTON SALT PELLETS 80 LBS .... 4.99 40 LBS .... 2.69 MORTON SALT r'`'' - blade appeared about 3" or 4" long. I should be able to survive at least one or two stab wounds before I can disarm her. But, what if it's extremely sharp? lust one slash could disable me and it would be Stitch City for me if I didn't bleed to death first. How about just jumping out of the car? Why not? Oh, oh! All my life I've been sitting on those damn sat belts. This morning I buckled up for a change, and her knife was pointed just above the release. Wait, that could work in my favor. if I have to, I can crash this rental car into a post or something solid. If I hit at about 20 to 30 mph, the belt should hold me while she goes for one heck of a ride. Okay, that's the Plan. I weighed all of these options in about one minute and never got the opportunity to use any of them. "All I want is your ash," she said. "Hand me your billfold," she ordered, and i did. She opened it, took out a $100 bill and a $1 bill, scrunched them up in her hand and then began a hurried search for more. I pleaded, "I hope you're not gonna take my credit cards." "Do I look like what I need could be bought with a credit card?", she growled back sarcas - c's 19 >Bfu7 ticaliy. I looked at her ani) asks- - sed that she had a good point. My cards were probably safe. She threw the billfold down on the front floor and said: "Stop at the next light," now about a block away. At the light she opened her door, jumped out and walked casually back in the direction from which we had come. I was numb, overcome by a series "of reactions. The first of which was io reach over and push the door lock button down. I felt anger, defeat, desire for some kind of revenge, for sure a little poorer, but most of all embarras - sed. I had just been robbed by a person half my age,,weight, size and strength. I wasn't about to go and report these facts to any - one right then. Besides, by the time f could have completed any kind of police report, she probab - ly would have been laying under some table, drugged into obli - vion on my money. In the long haul l was luckier than she was. This time she scored. There'll come a time when she won't Still, I suppose I should have told the police and that bothers me, to I have now told you the story. The primary lesson is: Lock your car doors at all times! Gregory J. Smith, D.D.S. —Family Dentistry— M-F 8:30 a.m. to 6 pin. Evening@ and Saturdays byAppnintment 788119tyn "Ave. Remember All Your P_ Valentines % ...with a VV HALLMARK d � CARD,- FLOWERS ARD,-FLOWERS and GIFTS 0 Eagles, swans and hawks fall to poachers guns in 1986 Five bald eagles, two pere - grine falcons, five trumpeter swans and several hawks and owls were among the victims of the 1986 hunting season. The number of protected birds wounded by shotgun pellets and brought in to the University of Minnesota's raptor clinic increas - ed significantly during the last hunting season and is the highest level since 1981, said Carrot Henderson, non -game supervisor for the Minnesota Department of Natural Resources. Five trumpeter swans were killed in mid-October. One was wounded and another is missing. The teenagers who shot one swan thought they were snow geese. Trumpeter swans are 25 pound"ive times the size of snow geese. Trumpeter swans are rare and are protected by state and federal laws. Among the other wounded birds brought this fail into the U of M's Research and Rehabil - itation Program were five eagles, two peregrine falcons, six red- tailed hawks, one northern turricr (marsh hawk), one turkey vulture and one barred owl These birds, too, are protected by state and federal laws. All were wounded by shotguns and were turned in from though - out the state. "fhe birds being turned in are just a small index of the total number being lolled," Henderson said. "Responsible sportsmen far outnumber the careless or malic - ious people who shoot protected binds," Henderson added. "But the single blast of a shot- gun can destroy thousands of dollars worth of effort to restore bald eagles, peregrine falcons and trumpeter swans." Henderson also mentioned that state law prohibits trappers from setting leghold traps within 20' of exposed bait or carrion that might attract soaring birds of PTey Henderson urged people who have information about the it - legal killing or wounding og pro - tected species to call the DNR's Turn In Poachers (TIP) hotline at 1-800-652-9093. The program provides a cash reward for inform - ation leading to the arrest of a, poacher. The Creative Photography Studio A FUR &m*e titurogn,0W8tudia 469-4696 20777HolyokeAve.W. Mark Anderson, • Downtowntakeville Photographer You Want It... Welve Got It! �dfta& gftoxmj Mull 3-ALUVII AIM trATERY Downtown Farmington — 460-6990 February 14th Sweetheart Dinner Specials V Steak & Lobster V Prime Rib V Wide Variety Menu Also Available r FROM: DEAN JOHNSON, PLANNING DIRECTOR DATE: JANUARY 30, 1987 SUBJ: FEBRUARY 3, 1987 REGULAR MEETING REVIEWS 1987 05 1367 - 1 45TH ST. E - R O. BOX 455 ROSI.MOUNT, MINNESOTA 5506£3 612-423-4411 4b. 130TH STREET (JAY SIMON'S ADDITION) - PARTIAL STREET VACATION Attached are copies of surveys, illustrating Lot 12, Block 3, Jay Simon's First Addition, and the encroachments of private property into dedicated right-of-way. The lot is owned and occupied by Mr. and Mrs. Norman Brucker, 12865 Bacardi Avenue. Also shown is the pond, which covers the western portion of the lot. Mr. Brucker is interested in removing a serious title problem, now that they are trying to sell their home. City staff are interested in obtaining a drainage easement across the pond. We are proposing to swap right-of-way for a drainage easement. After reviewing the situation in the field, staff recommends vacating all of the platted right-of-way, south of Lot 12. The west half of the right- of-way is under water and the east half has some fairly steep grades. The area to be vacated represents a little more than a third of an acre of land. The ponding area is over an acre. We feel much more comfortable having to acquire right-of-way in the future, than having to acquire a pond (and perhaps pay additional damages) in the future. We will prepare a resolution with the appropriate legal descriptions for the vacation. It is not likely that we will have the easement agreement completed and executed prior to the hearing. Ultimately, we recommend executing the resolution upon receipt of the easement. 5a. GEORGE NOVACEK - AUTO DEALERSHIP REQUEST Enclosed are copies of information, submitted by Mr. Novacek, regarding his request to repair and sell automobiles on Agriculture property. The site is a small hobby farm with two homes, located on 135th Street at Bacardi Avenue. The property is immediately south of Phil's Body Shop, a legal non -conforming use. I have met with Mr. Novacek and informed him that I cannot support his proposal. The zoning does not permit the repair, sale or storage of vehicles, nor does the use represent a legal home occupation. Discussions of pole buildings and additional rental property only worsen the situation. I have informed Mr. Novacek of the procedures to follow in pursuing his proposal, including appeals to the City Council and local courts. There is nothing about this request that I can support. The uses are simply not permitted in the Agriculture District. 1V2.6 196"h W(,9t Lakeville Tlir.r. . 55044 � 1987 05 h69-2016---469-2295 this rJate 1/25/ 37 To Mr. Gene Johnson,Dir. of planning* subject -.Permission to obtain a Minn. dealers license on a Rosemount property. 1-1vIha.t I .wish to do. I'r^ buyirfr the property directly a.ccross from Phils Auto P.o�y n.rd AAA auto parts. I want to put up a pole buildinr,40 fAnt 50 feet .ith cement floor, heated, and water for car w.- shins'. I'v,­ enclosed a rou{,.;h diagram of the planned layout. In this buildin:n and on these premises I wish to repair cars which I buy it insurance suctions for resale at auto auctions or 1 irectly i -o car dealers or ir. a few cases to personal friends t their request. In ort-? er to buy and sell autos at the wholesale leve -1 I must h:-ive n '"na:lers license on the location. The state of Minnesota will .incept an arricultura.l zone if the community raises no 0'h jecti on. This is my fora+.l r.esuest to you to grant me this permission. 2-r,,,out Pie. I'vp been :?.cinr- t1le above c?_rscribed work in LL?.keville for about 1.0 v(­.ars now. I work with r1y two sons Brian and Allen aEes 24 and ?2.Cvr cor n.7,,ny ra.r e is Nova Chek Sales Minr. auto detler No.14849. C'u- t ­? i^ 10825 west 215 Street Iakeville. '1?inn. 55044 1'-- 52 years of c3. -and handicapped from polio. I a.rm capable of doing ';his t 7r;,e of work prix: a.rily because what is physically too difficult f0'' I7.p Iry stirs rlo. acs 1987 a5. Fill You will finrl_ no complaints of any kind. ap., iinst our dealers license ror any claims ever r',:tdP, ava.inst our bond. In Lakeville, your counterpart, Jiro Robinette barely knows we exist. I suggest to you knowing your Misgivings about the idea, thi-s should speak in r'y +avor. I'm known better in Lakeville for a, weekly column I write for Dick Sherman, editor of the Lakeville times newspaper. I -1so to some free lance writing as a-sideline to my automobiles, I've enclosed a sample cony of one of my articles. 3-NMv I think you should Frran.t rye the permission. First, if I read. the Minnesota license application form and understand it correctlir, iron dont even have to xmko justify the location. You can say that it's not zoned industrial,but that you choose to tolerate my existense. Second, you will have an extremely short and tight chain on my operation. You could at any time on Just. -%rour own authority cell the dealer division and state that you are no lonrfer tolerant of my operation at that location and the state would revoke our license I assure you that with that kind. of power we will always feel we are wa.l.kinr on ereshells and be very ca.refull not to create any rind cif problems for you or neiGhbors. Third, I hope you calli understand :z life longi dream to have my home and work all in the same place. What I'm paying; for commercial property rent can now Co into your community. This property also has a, snall rental house on it presently occupied by one of your errloye-s Diarr e Kortella. Another ply .n I have is to rerrodel and enh .nce th:� rngin hve a.nd rri ke an .apartr ent in the basement. This ccull -raduRlly 1p=a.d. re to a point, where the property could pay �'or i.'-r-el.f,rovid.e sc'ctiritv far re=nd my rife and I n=-.ed.n't 'ever 6ecv7yia FAE $ 1�i�7 05 welf<a.rP recipient. I rhoi?ld becone in ,excellent buffer for future residents by hei.rrr between there and AAA auto parts. I can say without reserv,ition.s I will never open a junk yard or even develop the dPsire to. I r1ont want to orerite a used car lot, I dont want to rut-, up r,ny sign^ other then for rail delivering purposes and I l+avp no i.r.tention.s of advert' zirip.- or seekinE retail auto repair •�ror�s. Sumrary. 17r. John^on, I know from our conversation y(.0 are skeptical about my reoue t. I'm hopin:r- this 'request letter will allay -your fears. I fp 1 that I'm a:skinr very little and that I'm being reasonable. I kn.rw Ir,o -rou cant talk to anyone in Rosemount who hasn't heard of Willie Harrim ton. I can only say there are very few people like him around. I'm moving into that spot with my wife and. (T-azr^hter and. with norria.l everyday renters, the Kortella.s,,. I'm not going to dr=ip; a dead cow onto the property to feed r.uard dogs. s, d Yes) I heard. about that. I'm -4skin for a chance to Drove that P�i-rirr, rye ,parr irr-ion is n.othin.a more then a, generous . thirE. to do. a s Q i7 47 / e ILV td .S C7teel 4/ 0l`� ,/QaP%Q'G �S z 0/7 e T!`uc X HD' 4YSD. i°o /_ �/C19. JQch �a S+`n9�`