9.2. SR 05-18-2015 �j
Elk = - Request for Action
River
To Item Number
Mayor and City Council 9.2
Agenda Section Meeting Date Prepared by
Work Session May 18, 2015 Zack Carlton,Planner I
Item Description Reviewed by
HiTech Motorsports Conditional Use Permit Cal Portner, City Administrator
Revocation Reviewed by
Action Requested
Receive information and provide direction.
Background/Discussion
On May 15, 2006, HiTech Motorsports, 16820 Highway 10 (near Broadway Pizza), received a Conditional
Use Permit (CUP) to operate a facility for custom tuning, modification, and performance work. The
conditions for approval include: No overnight outside storage of vehicles, facility doors must be closed at
all times, and noise levels shall not exceed city ordinances.
This spring, staff received numerous resident complaints about the operation and their noncompliance
with city code. Specific concerns include facility noise resulting from the open dyno facility garage door
and outside vehicle storage. The complaints note that tested vehicles are operated at high RPM without
exhaust systems. Additionally, vehicles are driven on a residential street (Yale Street) behind the facility.
The city sent two letters, dated March 26, 2015, and April 22, 2015, to the facility owner noting the
specific CUP violations observed and stating operations must be amended. Staff spoke with the owner in
early April and was informed that a new technician was hired and he was not as familiar with the
requirements. Staff was told that the operation would comply with the permit. Since then, the city has
received additional complaints noting that changes were not made. The owner has also been informed
about a number of additional code compliance issues identified on the site.
City ordinance outlines the CUP revocation process which includes a determination of noncompliance
and a public hearing. Staff has determined a repeated failure to comply with the CUP and seeks support
for a public hearing to discuss revoking the permit if warranted.
Financial Impact
N/A
Attachments
• Staff letter dated March 26, 2015
• Staff letter dated April 22, 2015
• Recorded Conditional Use Permit
• Code violation letter dated April 29, 2015
• City Code Section 30-659, Revocation
p 0 W I R E a 0
NA UREJ
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
March 26, 2015
Barton C. Wells
4000 Stratford Ridge
Excelsior, MN 55331
RE: Conditional Use Permit Compliance
CU 06-12
Dear Mr. Wells,
City staff received a complaint regarding compliance with your Conditional Use Permit (CUP). The
CUP authorizes motor vehicle tuning, repair, and servicing at 16820 Highway 10, and includes a
number of conditions that must be adhered to in order to maintain a valid permit. Please review the
attached permit and evaluate how your operation complies with all of the conditions. Specifically,
please ensure all doors are closed at all times, except for the time needed for the passage of people
or vehicles. Please make sure the noise levels from the building do not exceed levels identified in the
city ordinance.
Finally, the narrative included with the application and approved as part of the CUP states that your
hours of operation are: Monday to Friday 8am to 6pm and Saturday 10am to 4pm. If your operation
requires changes to your approved operation schedule you may need to amend the CUP.
If you have any questions I can be reached at 763.635.1035.
Sincerely,
Zack Carlton, Planner I
City of Elk River
CC: HiTech Motorsports
16820 US Hwy 10
Elk River, MN 55330
encl.
Phone: 763.635.1000
Fax: 763.635.1090
www.ci.elk-river.mn.us
April 22, 2015
Barton C. Wells
4000 Stratford Ridge
Excelsior, MN 55331
RE: Conditional Use Permit Compliance
CU 06-12
Dear Mr. Wells,
City staff received a complaint regarding compliance with the Conditional Use Permit (CUP)
authorizing motor vehicle tuning, repair, and servicing at 16820 Highway 10. The CUP includes a
number of conditions that must be adhered to, at all times, in order to maintain a valid permit.
Please review the attached document and ensure your operation is amended to comply with all of
the conditions. Specific violations to the CUP are as follows:
Condition 3 – the overnight storage of vehicles is not permitted. Please remove the vehicles
from the property or move them into the building.
Condition 6 – ensure the doors are closed at all times to reduce noise impacts to the
surrounding neighborhood
Additionally, please remain conscious of the noise levels around the property, on surrounding city
streets, and within the building. Condition seven regulates noise from the building, and states that
they shall not exceed city ordinance levels.
Finally, the narrative included with the application and approved as part of the CUP states that your
hours of operation are: Monday to Friday 8am to 6pm and Saturday 10am to 4pm. If your operation
requires changes to your approved operation schedule you may need to amend the CUP.
The noted violations to the CUP must be remedied by May 6, 2015, two weeks from the date of this
letter, or the city may initiate a revocation of the permit.
If you have any questions I can be reached at 763.635.1035.
Sincerely,
Zack Carlton, Planner I
City of Elk River
CC: HiTech Motorsports
16820 US Hwy 10
Elk River, MN 55330
encl.
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
In the matter of: Barton C. Wells
Office of the County Recorder
Sherburne County, MN
Doc. No. 626216
Certified filed and /or recorded on
06 -28 -2006 at 02:00
Mic el Ashe, County Recorder
4Deputy Fee: $ 46.00
IIIIIIIIIIIIIIIIIII
CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE
PROCEEDINGS
Request: Conditional Use Permit to operate facility for custom tuning, modification and
performance work on classic muscle and late model performance automobiles
Case No. CU 06 -12
ORDER GRANTING
CONDITIONAL USE
Furniture and Things, Inc., Owner
The above entitled matter came to be heard before the City Council on the 15th day of May
2006, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for
the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES.
2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES.
3. THERE SHALL BE NO OVERNIGHT OUTSIDE STORAGE OF VEHICLES.
4. THERE SHALL BE NO REPAIR OR MAINTENANCE OF VEHICLES OUTSIDE
OF THE BUILDING.
5. A CITY APPROVED SEPTIC MONITORING SYSTEM SHALL BE DESIGNED
AND INSTALLED WITH THE NEW SEPTIC SYSTEM.
6. ALL DOORS OF THE FACILITY SHALL BE KEPT CLOSED AT ALL TIMES
EXCEPT FOR THE PASSAGE OF PEOPLE OR VEHICLES.
7. THE LEVEL OF NOISE FROM THE BUILDING SHALL NOT EXCEED CITY
ORDINANCE LEVELS.
S. IF THE FURTHEST EAST STALLS ARE NOT NEEDED FOR THE FACILITY
THAT THEY SHOULD BE REMOVED.
DATED this 15th day of May, 2006.
SAPLANNING \Case Files \2006 \CUP \CU 06 -12 WeUs\Recording doc.doc
STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
CITY OF ELK RIVER
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the pemtit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year.
remy B art
Planning Manager
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at EJk River,
Minnesota, in the County of Sherburne, in the City of Elk River, on the � day of
�wy .12006.
01M U"
City of Elk River Signed before me a NOTARY PUBLIC
Elk River, Minnesota 55330 this ,J/ sday of ! l`D / , 2006.
S: \PLANNING \Case Files \2006 \CUP \CU 06- 12 Wells\ ecording doc.doc
EXHIBIT A
Legal Description:
That part of the Northwest Quarter of die Southwest Quarter, Section 11, Township 32, Range
26. Sherburne County. Minnesota, described as commencing at the intersection of the North
line of the south 301.00 feet of said Northwest Quarter of the Southwest Quarter with the West
liue of the right -of -way of U.S. Highways No. 10 and 169(formerly also Highway 52); thence
northerly along said Highway right -of -way for 713.00 feet; thence westerly at right angles to
said right -of -way for 66.00 feet; thence on an assumed bearing of west and parallel with the
South litre of said Northwest Quarter of the Southwest Quarter for 332.31 feet to the Northeast
corner of Lot 5, Block 2, MISSISSIPPI HEIGHTS; thence on a bearing of South along the East
line of Lot 5 of said Block 2 for 60.15 feet to the actual Point of Beginning of the tract to be
described; thence continue on a bearing of South, along said East line, a distance of 139.85 feet
to die Southeast corner of said Lot 5; thence on a bearing of East, parallel with the South line of
said Northwest Quarter of the Southwest Quarter, to the intersection with a line 66 feet West of,
measured at right angles to, said Westerly line of the Highway right -of -way; thence Northerly,
along said line parallel with said right -of -way to the intersection with a line bearing North 84
degrees 42 minutes 13 seconds East from the point of beginning; thence South 84 degrees 42
minutes 13 seconds West to the Point of Beginning,
Together with an easement for road purposes over and across a service road described as: All
that pan of said Northwest Quarter of the Southwest Quarter lying West of the westerly line of
the right -of -way of U.S. Highways 10 and 169; and lying East of a line 66 feet west of, as
measured at ri.gbt angles to, said westerly line of the Highway right -of -way; and lying North of
the South 235.0 feet of said Northwest Quarter of the Southwest Quarter; and lying southerly of
a line described as commencing at the intersection of the North line of said south 301.0 feet of
the Northwest Quarter of the Southwest Quarter with said westerly line of the Highway right-of-
way; thence northerly along said right -of -way line a distance of ?13.0 feet to the actual Point of
Bcgivaing of the flue to be described; thence westerly at right angles to said right -of -way line a
distance of 66.0 feet and there terminating.
Subject to and together with an easement for driveway purposes over and across all that pan of
said Northwest Quarter of the Southwest Quarter, Section 11, described as lying 20.00 feet on
each side of a centerline described as follows: Commencing at the intersection of the North line
of the South 301.00 feet of said Northwest Quarter of the Southwest Quarter with the west line
of the right -of -way of U.S. Highways No. 10 and 169; thence Northerly along said Highway
right-of- -way for 713.00 feet to a point to be hereafter known as Point "C" for the purposes of
this description; thence westerly at right angles to said right -of -way for 66.0 feet; thence on an
assumed bearing of west and parallel with the South line of said Northwest Quarter of the
Southwest Quarter for 332.31 feet to the Southeast comer of Lot 4, also being the Northeast
corner of Lot 5, Block 2, of the duty recorded plat of MISSISSIPPI HEIGHTS; thence on a
bearing of South along. the East line of said Lot 5, Block 2 for 60.15 feet to the actual Point of
Beginning of the easement centerline to be hereby described; thence North 84 degrees, 42
minutes, 13 seconds East for 34 ?.89 feet; thence North 79 degrees, 25 minutes, 15 seconds East
for 55.93 feet, more or Less, to intersect with and terminate said easement centerline at said
West line of said Highway right -of -way at a point thereon a distance of 27.03 feet southerly, as
measured along said highway, from said Point "C ".
April 29, 2015
First National Bank of Lecenter
10 W Minnesota St, P.O. Box 160
Lecenter, MN 56057
Barton C Wells, LLC
4000 Stanford Ridge
Excelsior, MN 55331
Re: Determination of City Code Violations at 16820 Us Highway 10 NW
Dear First National Bank of Lecenter:
The City of Elk River has received complaints regarding the condition of your property
located at 16820 Us Highway 10 NW. In response, an Elk River city official inspected
your property on 04/29/2015 at 9:OOAM, which revealed violations of the City Code.
Your immediate attention to this matter is required.
Please refer to the attached documentation to determine the corrective action(s)
necessary for bringing your property into compliance. Please contact the inspector,
David Hetrick at 763.635.1067 or via email dhetrick @elkrivermn.gov if you require
additional information /clarification, or feel that this notice has reached you in error.
Please note that all violations must be corrected (abated) by the date(s) outlined on the
attached notice. If you are unable to complete the required correction(s) by the date(s)
provided, you must submit a written Request for Extension prior to the abatement date.
If you have since corrected the violation(s), please contact the Fire & Building Safety
Division at 763.635.1060 to schedule a re- inspection.
Failure to take corrective action may result in additional administrative and/or criminal
penalties.
Your attention to this matter is greatly appreciated.
Sincerely,
David Hetrick, Inspector
13073 Orono Parkway
Elk River, MN 55330
763.635.1100
www.ElkRiverMN.gov/Fire
Phoenix ID: 1558
rIIErrr 'r
NATURE
Frequently Asked Questions
What is code enforcement?
The Elk River City Council has established goals and expectations for the general health,
safety, welfare, and aesthetic standard of the community.
These expectations are adopted as law in the City Code of Ordinances. The Code
Enforcement Division provides enforcement services for nuisance violations of the City
Code of Ordinances that impact the safety and quality of life of the community. While
code enforcement primarily maintains quality of life standards, it also plays an important
role in the early identification and mitigation of unsafe entry points, exterior hazards,
public health hazards, and compliance with humane pet standards.
How is the complaint process initiated?
The code enforcement process is typically initiated in several ways: 1) in response to a
complaint by an individual, 2) as a consequence of an action (i.e., an application for a
building permit or a request for a zoning variance); or (3) observation of a code violation
by the code enforcement division or other city public safety staff.
Minnesota state law prohibits the release of the identity of individuals who make a
complaint. Minn. Stat. § 13.44 states: The identities of individuals who register
complaints with government entities concerning violations of state taws orlocat
ordinances concerning the use of real property are classified as confldentiat data,
pursuant to section 13.02, subdivision 3.
Why am I receiving a formal letter and not a courtesy phone call?
Your property has one or more city code violations. The city, in most circumstances, is
required to provide a written notification to the owner of the property.
What happens if I ignore this order?
Additional penalties including criminal prosecution, is possible. Your immediate attention
is required. Do not ignore this order.
What if my tenant is the party responsible for creating the violation?
You are receiving this notice because you are the owner of record and are ultimately
responsible for ensuring that the violation(s) listed in this notice are corrected. You may
also be subject to fees for corrective action initiated by the city and/or fines for failure to
comply.
Violations
Premises: Import Repair Center
Address: 16820 Us Highway 10 NW
Elk River, MN 55330
Owner: First National Bank of Lecenter
Address: 1 O W Minnesota St, P.O. Box 160
Lecenter MN 56057
The Violations cited on the above premises are as follows:
Page #: 3
Local #:
Phoenix ID #: 1558
Initial Inspected on: 04/29/15
Last Inspected on: 04/29/15
Initial Inspector: Hetrick, David J
Number
Description Floor
Abate By
U/A
U/A
U/A
1
Location: outside store
Code Section: ELK Sec. 46 -34. (a) (2)
Description: The piling of old tires and debris is a violation. Please
7 7
remove at once.
Key: The numbering of violations is for identification purposes only and shall not be construed as bearing in any way on the
seriousness of any violation.
"U" Unabated - Violation uncorrected
"A" Abated - Violation corrected
"W" - Violation is withdrawn
'V" - Void
"TE" - Time Extension
'RV' denotes recurring violation.
Code References:
ELK = Elk River Code of Ordinances
Premises: Import Repair Center Local #:
Address: 16820 Us Highway 10 NW Initial Inspected on: 04/29/15
Elk River, MN 55330 Last Inspected on: 04/29/15
Page #: 4
ADDITIONAL EXPLANATION
Violation #: 1 Chapter 46 NUISANCES [t]
ARTICLE II. PUBLIC NUISANCES [2]
Sec. 46 -34. Public nuisances affecting peace and safety.
(a) The following shall be declared to be nuisances affecting public peace and
safety:
(2) The piling, storing or keeping of old machinery, junk, junk vehicles or
inoperable vehicles, unlicensed vehicles, debris or abandoned motor vehicles as
defined by Minn. Stats. ch. 1688.
Appeals
You have the right to appeal this determination. The process is outlined in the city's Code of Ordinances, a summary of which is provided below. Applications, forms and the city's
adopted fee schedule can be found online at www.ElklltverMN.gov and are also available at City Hall (13065 Orono Parkway NW).
Sea 30 -633 - Anneals. adjustments and variances aeneraliv
(a) The board of adjustments has the following powers with respect to this article:
(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination matle by the land development staff In the enforcement of this
arficte.
(2) Hear requests for variances from the literal provisions of this article
(b) The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and
any conditions established in connection therewith.
Sec 30.634 - Appeals
(a) An appeal as specked in section 30633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development stag. An appeal
may be made only lollowing the transmission of a written notice of appeal upon a form provided by Me city which specifies the subject and grounds therefor. Such notice must be
received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal.
(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be
consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative
official from whom the appeal is taken.
Sec. 30 -636 - Hearings
On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's
receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official
newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to
receive notice shall not invalidate the hearing or proceeding.
Ime,
Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall ad to
approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be
final unless appealed to the city council, and shall be effective on the 1 ith day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to
deny an appeal or a variance shall not be final and shall be reviewed by the city council in the same manner as an appeal of a decision by the board.
Ions of boar
(a) Any Penton aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal that decision to the city council.
Appeals must be in writing and filed with the city planning department within ten calendar days of the boards decision.
(b) The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with the consent of the person who appealed
to the city council and the person who applied to the board, and both of whom shall receive written notice of the date and time when the city council will hear the appeal. The city council
may reverse, affirm or modify, wholly or party, the decision of the board, and shall have all the powers of the board in acting on appeals.
Nuisances and abatement by the city
Chapter 46 of the Elk River Code of Ordinances addresses nuisances. If the attached notice contains violations pertaining to Chapter 46, nofice is hereby given that the city may, at its
discretion, abate me nuisance as outlined in Sec. 4636:
(a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance
exists. Such notice shall be given by cedified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and
require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than
14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice.
(b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person
may contest the contents of the notice. The request for such a hearing must be made within live days after receipt of the notice provided for in subsection (a) of this section. After such
hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice.
(c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator
or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against
the property upon which me nuisance was located.
(d) It the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If
after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of
the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located.
(e) Nothing In this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there Is an immediate and direct threat to
the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located.
Requests for a hearing with the city administrator must be made in writing within the timeframe noted above. The address for the city administrator Is 13065 Orono Parkway NW, Elk
River, MN 55330.
4/17/2015 Elk River, MN Code of Or dinances
about:blank 1/1
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Sec. 30-659. - Revocation.
In addition to the remedies otherwise provided for in this ordinance, failure to comply with the
conditions set forth in the approval of a conditional use permit may result in revocation of the permit
by the city.
The revocation process shall be as follows:
If the city administrator or the city council determines that cause exists to find noncompliance
with the terms of a conditional use permit, the city council may direct that a hearing be
scheduled before the city council to receive testimony and evidence, to establish findings, and to
determine whether the conditional use permit shall be revoked.
The owner of the property on which the conditional use is located, and, if known to the city, the
owner or operator of the conditional use, shall be notified of the hearing by personal delivery or
certified mail, no less than ten days before the hearing. The notice of hearing shall include a
summary of the alleged noncompliance of the conditional use permit.
At the hearing, the city council shall receive testimony and evidence from the public and the city
staff regarding the compliance or noncompliance of the use with the conditional use permit. The
property owner and the owner or operator of the conditional use shall have an opportunity to
testify and present evidence.
At the conclusion of the public hearing the city council may continue the revocation to a future
date or make its findings and determination.
If the city council determines that the conditions of the conditional use permit have not been
met, it may order revocation of the conditional use permit effective on such date as it shall
determine.
Revocation of a conditional use permit shall not be ordered unless the city council has made
findings in writing or on the record of the council proceedings that there have been one or more
violations of one or more conditions of the conditional use permit.
Revocation of a conditional use permit shall be a final action of the city council, appealable only
to district court, as provided by law.
(Ord. No. 00-05, § 1(900.42(8)), 3-20-2000)