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2022-10-04 Code enforcement Letter for Mike PotterOctober 4, 2022 Mr. Michael Potter 11650 57th Street NE Albertville, MN 55301 A�Ibcrtvillc sm al ,; UVft. Bg t0, UFO. Brian Norby Norby Land Corporation P.O. 69 Albertville, MN. 55301 RE: Albertville Code Enforcement — illegal land use on parcel PID: 101-800-062-200 FILE NO: 163.05 Dear Mr. Potter, Mr. Norby, In May of 2021, the City of Albertville sent you a letter outlining the illegal land uses of the property located at the southwest corner of 60th Street NE and Mackenzie Avenue (PID 101-800-062-200 by Norby Land Corporation. The City has no record of any development approvals for this business at this site. This site is zoned B-3 Highway Commercial District, the contractor's yard is not identified as a permitted use within the B-3 zoning district. The use and conditions on the site fail to meet City performance standards. Site inspection and the attached photographs document the changes that have been made to this site. In inspection of the site the following City Code violations are identified.; Chapter 4400 B-3 District. The contractor's yard is not listed as a permitted or conditional use within this district. 2. Chapter 1500 Site and Building Plan Review: This section of the Albertville City Code requires all commercial and industrial uses to submit a site and building plan for review by the planning commission and approval by the City Council. Site plan shall illustrate site grading, utilities, building placement, parking, and site design per city performance standards. The City has no record of approving a site and building plan for this site. Inspection of the site reveals that the site conditions fail to meet the city performance standards for a commercial or industrial use. • The site does not have a principal building that meets City zoning district standards or building code requirements. Construction trailers are being used as the buildings. Buildings constructed on the site will be required to meet the building type and materials standards for either commercial or industrial buildings depending on the zoning designation. www.d.albertville.mmus City of Albertville 763-497-3384 PO Box 9 Fax 763-497-3210 5959 Main Ave. NE Albertville, MN 55301 October 4, 2022 Page 2 • All commercial or industrial buildings will be required to meet the building and fire code standards of the City based on their proposed size and use of the building. • The site is reliant on a portable toilet. With the lack of municipal utilities to the property, the provision of on -site well and septic will need to be investigated by the City Engineer. • The site has no improved parking lot. The Site access and parking and loading area must meet the City design standards for paving, curbing, striping, dimensions and lighting. • The site fails to meet any required setbacks and site design requirements. 3. Section 1000.15 Outdoor Storage: The Norby Land Corp. business at this site consists of outdoor storage yard for the business with no principal building. Outdoor storage is a conditional use within B-3 zoning district. No conditional use permit has been issued for this business at this site. The site fails to meet the performance standards of Section 1000.15 of the City Code for outdoor storage related to setbacks, fencing, screening, surfacing, etc. Neighboring residential uses have complained about this site's conditions and the lack of adherence to the City regulations. Current conditions reveal, a storage yard that fails to meet the following City standards: • Storage is located in the required front yard and required side yards. • Storage yard fails to be totally screened and landscaped per a plan approved by the City. • The storage yard has a dirt surface failing to meet the surfacing requirements of the City for outdoor storage. • There has not been any City approval of the site grading and drainage related to the outdoor storage area. 4. Chapter 1800 Land Filling Operations: Any person who proposes to add land fill in the following manner shall apply to the city for a land fill permit. • Any deposit of fill in a drainage and utility easement. • Any deposit of fill in a natural drainage way. • Any deposit of fill within 10 feet of a property line. • Adding land fill in excess of 20 cubic yards. October 4, 2022 Page 3 The City has no record of approving a grading and drainage plan that created the outdoor storage area. Fill and/or grading conducted to create the storage area without City approval this is a violation of city code. In addtion, any fill placed on the site (PID 101800062200) must comply with state and federal wetland protection laws and have an approved City grading and fill permit. After the zoning enforcement letter, City has met with both Mr. Potter and Mr. Norby to outline steps required to bring the property and land use into compliance with City Code to allow the business to continue to operate at this location. The outlined steps include: 1. Administrative subdivision to create no more than two lots. 2. Zoning map amendment changing the zoning from B-3 Highway Commercial District to 1-1 Limited Industrial District. 3. Site and building plan approval. Norby will need to submit and receive approval of the site and building plan for the construction of an Industrial building meeting the I- 1 standards and showing all the proposed uses of the site. The site plan must meet city standards for parking, loading, setbacks and other zoning performance standards. 4. Grading and drainage plan approval. The Grading plan must show all site grading, drainage, storm water management and wetland protection. 5. Conditional use permit for accessory outdoor storage. While this path was identified to allow the Norby Landscape business to continue operating at this location, no applications or plans have been submitted to address the zoning violations. Rather than pursue a path to bring the property into compliance with City Code, you have illegally expanded the outdoor storage area on the site to land south or the St. Albert's Cemetery. The expansion of the outdoor storage area was done illegally, with full knowledge of the zoning requirements needed to allow this use on the site. Since the May 2021, code enforcement letter, the City has amended its Code to prohibit outdoor storage as a principal use of a property. The City has also passed an interim ordinance prohibiting the establishment of outdoor storage uses in the Industrial zone pending the conclusion of a study and the possible adoption of a code amendment that will limit the amount of outdoor storage area to a ratio related to the size of the principal building on the site. In this regard, previous avenues to accommodate your operations are no longer available. The introduction of Norby Land Corp. to this site is in violation of the Albertville City Zoning Code. The expansion of the outdoor storage is a total disregard to the City requirements and the efforts that were available to you last year. With this letter, we ask that Norby Land Corp vacate the property, remove all outdoor storage from the site and restore the property to its original condition by November 25, 2022, to avoid enforcement action. Failure to correct this violation within the given timeframe will result in a citation and a $200.00 fine. Non-compliance with this correction notice will result in additional fines of October 4, 2022 Page 4 increasing amounts or the City may choose to pursue a correction through legal means. A violation of the City zoning code is a misdemeanor which may result in a correction order and fine up to $1,000.00. We will inspect your property on November 28, 2022, for compliance. If you have any questions pertaining to this letter, please contact me at your convenience. Sincerely, Alan Brixius, City Planner Attachments: Photos Cc: City Administrator City Attorney City Clerk F16, _ ,tea_ i��r�'r'-� -= - �'-�• ;�?'��IQ►� '-, - `�` ail s AW �.. a r i I ��we• — - �� 1 AL.LL 7�i-•.��- �'i,4 •r L=�4'} a�,� �di --'Ki_3 _ � `^�'i.' yam. '. i "' •7 i.' t.!�. 1,�1:,•+f?-si �i" f L. • ... ,�: r �' 1 .� ,� .r •- �:`. t :�; ,� .f. , I'Y �. . _' �� �' � �,�[ '�+�'�' ~~ � i � _ � .. '�.rr i F. �� ... 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