6.6. SR 07-22-1996'.ty of
6.6.
iver
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Kendra Lindahl, Zoning Assistant.~/N~LL~~
July 22, 1996
SUBJECT: Jim Charest Compliance Issues,
Complaint Case #95-31
Background
At the July 15, 1996, City Council meeting, this case was presented to update
the Mayor and Council. Unfortunately, there was some confusion as to which
site we were discussing. Staff hopes tonight's presentation will clear up any
confusion about this issue.
Staff has attached a list of the events leading up to this point. Last summer,
the City did a site plan review of Jim Charest's site plan for outdoor storage
as a permitted use in I-1. The site is located at 98xx Highway 10. Staff
approved the site plan with fifty-nine trees and a berm to hide the
construction equipment. Staffs letter dated July 31, 1995, informs Mr.
Charest that his site plan has been approved, but no junk will be allowed on
the site. Landscaping is required to be installed within one year. To date,
Mr. Charest has not complied with any aspect of his site plan. He has
expanded the existing storage area, or junkyard, and will now require a
conditional use permit for this expanded use.
During the last year, staff has visited the site and sent Mr. Charest a stop
order, several letters, and a correction notice. Staff has met with Mr. Charest
in person and spoken with him on the phone to try to resolve this issue. Mr.
Charest has been informed by staff, on several occasions, that the junk,
debris and junk vehicles on the property must be removed. However, instead
of removing these items, it appears that Mr. Charest is bringing in additional
items.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Staff has spoken to representatives of the Minnesota Pollution Control
Agency (MPCA) about the environmental issues on this site. The MPCA has
indicated that they will do a site visit if the City wishes. However, the
MPCA believes that the issues associated with this site are best resolved at
the local level, using local ordinances.
Action Requested
Council should direct staff to work with the City Attorney to prepare an
action plan, which may include legal action, to address Mr. Charest's failure
to comply with his approved site plan and operating a junkyard without a
conditional use permit.
Complaint Case #95-31
Jim Charest-Outdoor Storage at PID #75-013-1307
May 11, 1995
Stop Order issued. A permit is required for grading.
May 12, 1995
Letter to Dave Hauan, property owner, informing him that Jim Charest is
illegally grading and conducting business on the site without the required
permits.
May 23, 1995
Letter to Dave Hauan to follow-up on conversation with Steve Ach and Gary
Schmitz relating to truck and machinery storage business on his property
near Hwy. 10. Private street issue must be resolved before a site plan review
can take place.
July 15, 1996
Site Plan Review application for outdoor storage in I-1 submitted by Jim
Charest.
July 17, 1995
Private Road agreement approved by City Council allowing Mr. Charest to
utilize the property.
July 31, 1995
Letter sent to Mr. Charest informing him that his site plan has been
reviewed and approved. 59 trees (6 foot min. height) are required.
Landscaping must be done within one year. Junkyards are not allowed.
August 18, 1995
Site visit by Dave Lucas and Jim Brown from Sherburne County and Steve
Rohlf. Junk and debris must be removed from the property by September 30,
1995. Burn permit is needed in order to burn on site. Follow-up letter sent
to Jim Charest.
January 9, 1996
Site inspection by Steve Rohlf. Site contained mostly construction items, but
some minor scrap and definitely too many inoperable vehicles. Sent letter
asking that debris and junk vehicles be removed.
April 25, 1996
Steve Rohlf inspected and left correction notice.
May 8, 1996
A.R. Baldwin owns the Baldwin Family Trust land directly west of Charest's
land. Mr. Baldwin stopped in to complain that Charest is building his fence
on Baldwin property.
May 10, 1996
The fence issue is a civil issue, the City does not enforce trespass laws, but I
left a message for Mr. Charest at 421-5964. Message requested that Mr.
Charest contact me, stop work on the fence immediately, and bring the City a
copy of the lot survey showing that the fence is on his property.
June 4, 1996
Spoke to Sylvia Frolik, City of Ramsey Zoning Administrator. In 1994 the
City of Ramsey had similar issues with Mr. Charest's operations in Ramsey.
June 14, 1996
Sent certified letters to Jim Charest and Kirt Charest.
June 18, 1996
Jim Charest left a message for me saying he would call back. He did not
leave a phone number. Mr. Charest came into City Hall and submitted an
application for a junkyard in I-1. Asked to meet with Cliff Skogstad and me
at the site to discuss what needs to be done. Mr. Charest wants Cliff to
assign an address to the site.
June 19, 1996
Visited the site with Jim Charest and Cliff Skogstad, Building Official.
Reiterated the fact that no work may be done on the fence and new materials
may be brought in until the CUP goes through the City Council. Reminded
Mr. Charest that the materials missing from the CUP application need to be
in by June 25, 1996. Cliff indicated that chipboard is not an acceptable fence
material.
June 24, 1996
More information was dropped off for Mr. Charest's CUP application.
July 2, 1996
Mr. Mergenthal owns property adjacent to Mr. Charest. He brought in
photos showing what is being done on the site and complained that it is a
junkyard and is bringing down property values in the area.
Monday, July 5, 1996
Sent a letter to Jim Charest indicating that his conditional use application
for a junkyard in I-1 is incomplete. Listed the items that are missing and
requested that he get required information in ASAP.
S:\PLANNING\KENDRA\CHAREST.DOC
Thursday, July 11, 1996
Jim Charest stopped in this morning with his son(?). He spoke to Cliff
Skogstad about a number of issues, before talking to me. He had received my
letter dated, July 5, 1996, and wanted to follow up on what is needed from
him. I went over the letter with him and reiterated what was missing from
his file.
Jim indicated that he was at the June 25, 1996, Planning Commission
meeting and the ordinance amendment for the Industrial uses was never
discussed. I assured him that it was discussed and approved, and would be
on the July 15, 1996 Council meeting agenda. If the amendment passes
junkyards will no longer be a permitted use in I-1, and he will have the
option of pursuing other avenues for code compliance.
July 15, 1996
Mergenthal was at the Council meeting to complain about Charest's site. He
did not speak at open mike, but did show his pictures to me and several
council members. The Council tabled the ordinance amendment regarding
uses in the I-1 and I-2 zones until July 22, 1996.
July 16, 1996
I got a phone call from Council members Farber and Dietz expressing concern
about this site and encouraging staff to move quickly to solve the problem.
S:\PLANNING\KENDRA\CHAREST.DOC
APPROVED SITE PLAN