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7.9. SR 11-21-1994 rei ~\.) ( ); !l~ ITEM 7.9. MEMORANDUM FROM: MAYOR AND CITY COUNCIL STEVEN B. ACH, CITY PLANNE~- TO: DATE: NOVEMBER 21, 1994 SUBJECT: TAILWIND TRAILERS CONDITIONAL USE PERMIT REQUEST Staff is requesting authorization from the City Council to work with the City Attorney to bring Tailwind Trailers into compliance with their conditional use permit. OVERVIEW . Attached is information relative to the history on Tailwind Trailers and the events that have led to this point of having to take formal action to establish compliance with a conditional use permit. Tailwind Trailers most recently received a conditional use permit in 1992 to allow the expansion of their existing trailer sales lot. As part of that permit, there were 13 conditions that had to be met within two years (October 1994) of the time of Council approval. As indicated on the attached conditional use, 11 of the 13 conditions have not been satisfied. Besides not complying with their conditional use permit, Tailwind Trailers has expanded their operation within the past year onto the adjacent lot which was previously owned by Car Haven. Mr. Atkins, owner of Tailwind Trailers was notified by the City, informing him that a conditional use permit would be required to expand his operation. Since making that initial contact, staff has exchanged correspondence with Mr. Atkins for approximately one year with no progress being made towards obtaining a conditional use permit. COMPLIANCE WITH CITY APPROVALS . One of the important "links" in the City's review process is the enforcement or follow-up to make sure development plans or conditions of permits are complied with. This is an important step because if there is no compliance s:council:tailwind P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . with approved plans or permits, the Planning Commission's recommendation and City Council's final action could be a wasted effort. RECOMMENDATION It is requested that the City Council authorize staff to work with the City Attorney to bring Tailwind Trailers into compliance with their 1992 conditional use permit, as well as making application for an amended conditional use permit for their expanded operation. Please review the attached conditional use permit as approved by the City Council as well as correspondence staff has made with Mr. Atkins over the past year. . . s:council:tailwind . STATUS REPORT ON TAILWIND TRAILERS HISTORY OF SITE September - 1989: The City of Elk River denied a conditional use permit for Trailer King, which was changed to Tailwind Trailers (CD 89-23), based on an inadequate site plan for review. The request involved a conditional use permit for trailer sales. January - 1992: Tailwind Trailers was contacted by the City for remodeling existing structures without a building permit. A list of ten (10) violations were given to the applicant and a "stop work" order was issued. To my knowledge, the ten issues have never been corrected. See attached letter for a list of conditions. A component of the building code issue was to apply for a conditional use permit for the expansion of the trailer sales lot. . October - 1992: Tailwind Trailers received approval of a conditional use permit (CD 92-19) to allow the expansion of the existing trailers sales lot with thirteen (13) conditions. The applicant was given two (2) years to conform with the conditional use permit and all conditions should be met by October 1994. Attached is a list of conditions approved with the conditional use permit. I have highlighted the conditions still outstanding. Spring - 1994: Ron Atkins, owner of Tailwind Trailers, contacted the City concerning the lot formerly owned and occupied by Car Heaven. Mr. Atkins inquired about the process needed to expand to this vacant parcel. The City informed Mr. Atkins that an expansion to the Car Heaven site would require a conditional use permit. Approximately one month after this conversation, Mr. Atkins violated City requirements and began displaying and repairing trailers from the Car Heaven site. Numerous letters have been sent to Mr. Atkins requesting that Tailwind Trailers apply for a conditional use permit for the expansion. These requests have been disregarded by Tailwind Trailers. . . . . 268635 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER CITY COUNCIL CITY OF ELK RIVER CONDITIONAL USE PROCEEDINGS In the Matter of Tailwind Trailers REQUEST: Conditional Use Permit to allow the expansion of an existin~ trailer sales lot. ORDER GRANTING CONDITIONAL USE Cheryl & Ronald Atkins. Owners The above entitled matter came to be heard before the City Council on the 19th day of October, 1992, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, fOr" the followin~ described property: See attached legal description. IT IS ORDERED that a Condi tional Use be granted as upon the following conditions or reasons: 7 1. THAT THE APPLICANT COMBINE THE TWO LOTS CONTAINING THE PROPOSED BUILDING. ALSO THAT THIS CONDITIONAL USE PERMIT VALIDATES THE TWO EXISTING STRUCTURES ON THE SMIE LOT. 2. THAT THE APPLICANT PLANT 32 TREES AS REQUIRED BY THE LANDSCAPING ORDINANCE. IN PARTICULAR, THAT THE BERM SHOWN ON THE SOUTH SIDE OF THE PROPERTY LINE IS PLANTED WITH CONIFEROUS TREES TO HELP SCREEN IT FROM THE RESIDENTIAL PROPERTl. 3. THAT THE DUMPSTER, MECHANICAL EQUIPMENT AND ROOFTOP EQUIPMENT ARE ALL SCREENED PROPERLY ACCORDING TO ORDINANCE. 4. THAT LIGHTING FOR THE SITE MEETS CITI CODE. 5. THAT THE APPLICANT NOT BE ALLOWED TO STORE OR DISPLAY TRAILERS ON THE NORTH SIDE OF THE IMPROVED ROADWAY. THE APPLICANT SHALL MAINTAIN THE GRASSY AREA IN A NEAT MANNER. 6. THAT DRAINAGE CALCULATIONS AND GRADING PLAN FOR THIS SITE ARE APPROVED BY THE CITY ENGINEER. FURTHER, THAT IF NECESSARY, MNDOT. APPROVE GRADING FOR THE SITE AS IT RELATES TO THE DITCH FOR HIGHWAY 10. ... I . THAT THE APPLICANT PROVIDE 32 PARKING STALLS INCLUDING ONE HANDICAPPED STALL AS PER CITl ORDINANCE. . . . Z686JS 8. THAT THE PROPOSED NEW STRUCTURE HAVE A BRICK FASCIA IN ORDER TO COMPLY WITH THE ARCHITECTURAL STANDARDS FOR THE AREA. 9. THAT ALL EXISTING BUILDINGS THAT WERE REMODELED PRIOR TO BUILDING PERMIT APPROVAL BE BROUGHT UP TO THE MINIMUM STANDARDS OF THE 1988 UNIFORM BUILDING CODE. 10. THAT THE APPLICANT VERIFl THAT THE INCREASED FLOW TO THE SOUTH WILL NOT ADVERSELY AFFECT THIS AREA AND THAT A LARGER PVC PIPE TO DISCHARGE OVERFLOW FROM THE SOUTH POND BE USED. 11. THAT THE APPLICANT PROVIDE A 24 FOOT WIDE PAVED DRIVEWAY WITHIN THE ROAD EASEMENT AREA. FURTHER, THAT A 10' SETBACK BETWEEN THIS DRIVEWAY AND THE DISPLAY AREA BE MET AS PER CITY CODE. 12. THAT STORAGE BE ALLOWED IN THE EASEMENT IF IT IS KEPT ACCESSIBLE TO ALL PARTIES INVOLVED AND IF THE REQUIREMENTS OF THE CITY CODE ARE MET PERTAINING TO PARKING. 13. THAT THE APPLICANT PROVIDE LARGER PARKING STALLS AS PART OF THEIR PARKING REQUIREMENT. DATED this 28th day of October, 1992. \ A./ ~( ( )j .OfJ Ell{ River September 3, 1993 RON ATKINS TAILWIND TRAILERS 9784 HWY 10 ELK RIVER, MN 55330 Dear Mr. Atkins, Recently I have noticed that trailers are being stored on the vacant lot next to Tailwind Trailers located at 9784 Highway 10. As we discussed over the phone a few months ago, an amendment to your conditional use permit is required before the City of Elk River can allow you to expand to the vacant parcel formerly known as Car Heaven. . The City of Elk River requires that all the trailers be removed from this lot immediately. If you wish to pursue the matter of adding this parcel to the conditional use permit you received in 1992, an amendment is required. Please contact City staff for further information on this process. A compliance date for removal of established as of September 22, 1993. A be conducted at that time to determine meet the September 22, 1993 deadline action taken against you. If you have any questions concerning this matter, please call me at 441-7420. Your anticipated cooperation resolving this matter is appreciated. the trailers has been second inspection will compliance. Failure to will result in legal Sincerely, f::JL~ Zoning Assistant GS:glr .. . P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 A./ -"\) . (' ); till November 24, 1993 Ron Atkins Tailwind Trailers 9784 Highway 10 Elk River, MN 55330 Dear Mr. Atkins: . This letter is regarding your trailer sales lot being expanded to the lot formally occupied by Car Heaven. The City of Elk River has received the letters you provided from the MN Department of Public Safety and your attorney, Donald Fett. After consulting with the City Attorney, it is the City's position that expanding your trailer sales lot will require an amendment to your conditional use permit. . The City of Elk River and the State of Minnesota are two different governmental agencies, each having different rules and regulations. Land use in the City of Elk River is governed by the Elk River Zoning Ordinance. The Zoning Ordinance classifies land uses without reference .to State licensing requirements. The Zoning Ordinance classifies car sales and trailer sales as different land uses, therefore, to comply with the Zoning Ordinance you must receive an amendment to your conditional use permit. . The next deadline for filing an application for a conditional use permit is December 28, 1993. If a complete application is submitted by that date, the Planning Commission will consider this request on January 25, 1994, and the City Council will act on the request February 21, 1994. Until your application for an amended conditional use permit is approved by the City Council, the former Car Heaven lot must be cleared of any trailers or legal action will be taken. I have also noted that very few of the conditions placed on the original conditional use permit have been met. The City of Elk River has established an October 19, 1994, compliance date for the completion of all the conditions. Failure to met this compliance date will be a violation of the conditions of your conditional use permit and could result in revocation of the permit. P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (61~) 441-7420 · Fax: (612) 441-7425 . . . Your anticipated cooperation in resolving this matter is greatly appreciated. If you have any questions or concerns regarding this matter, please call me at 441-7420. Sincerely, G sq Gary~itz Zoning Assistant GS:cms A.I ~\) ( ); tl~ February 24, 1994 Ron Atkins Tailwind Trailers 9784 Highway 10 Elk River MN 55330 Dear Mr. Atkins: . This letter is regarding your trailer sales lot being expanded to the lot formerly occupied by Car Heaven. As you have been informed, expansion into this lot requires an amendment to your conditional use permit. On November 24, 1993, I sent a letter requiring Tailwind Trailers to apply for a conditional use permit by December 28, 1993. A copy of this letter is attached for your review. The December 28, 1993, deadline has passed and you continue to operate your sales lot on the above mentioned parcel. Please be informed that the City of Elk River has established a final compliance date of March 15, 1994, to apply for an amendment to your conditional use permit or clear the lot of trailers. At that time, a second inspection will be conducted to determine compliance. Failure to comply with the March 15, 1994 deadline will result in legal action. No additional extensions will be granted. If you have any questions concerning this matter, feel free to contact me at 441-7420. Your anticipated cooperation resolving this matter is greatly appreciated. Sincerely, (b&~ 54 Gary Schmitz Planning Assistant . cc: Don Fett 657 Main Street Elk River, MN 55330 P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 A./ -\.( ( )j .ty of " Ell{ River June 29,1994 Ron Atkins Tailwind Trailers 9784 Highway 10 Elk River MN 55330 Dear Mr. Atkins: This letter is regarding your trailer sales lot expanding to the lot formerly occupied by Car Heaven. On February 24, 1994, I sent you a letter indicating a final compliance date of March 15, 1994. At that time, you indicated that you wanted to discuss this issue with the City before it was turned over to the . City Attorney. Due to an unexpected circumstance, I had to cancel this meeting and it was not rescheduled. Throughout this time frame you have continued to conducted business from the lot formerly occupied by Car Haven. I am in the process of turning this issue over to the City Attorney. If you would like to discuss this matter further, please contact me prior to July 1, 1994. As I mentioned to you on several occasions, the expansion of your trailer sales lot does require an amendment to your Conditional Use Permit. The City's ordinance is very firm on this requirement. There are also several conditions related to your existing Conditional Use Permit, which have not been complied with. Please keep in mind that a two year time limit is established for all the conditions to be met. The two year expiration date is October, 1994. If you wish to contact me, my telephone number is 441-4921. . ~:el~ Gary thmitz Planning Assistant cc: Donald Fett atkins.plan P.o. Box 490 · 13065 Orono Parkway · Elk River. MN 55330 · (612) 441-7420 · Fax: (612) 441-7425