2023-02-28 Potter Property - Norby Landscaping Code Enforcement
www.ci.albertville.mn.us City of Albertville 763-497-3384
PO Box 9 Fax 763-497-3210
5959 Main Ave. NE
Albertville, MN 55301
February 28, 2023
Mr. Michael Potter Brian Norby
11650 57th Street NE Norby Land Corporation
Albertville, MN 55301 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 use s 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
was conducted to document the changes that have been made to this site.
In inspection of the site the following City Code violations are identified.;
1. 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.
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February 28, 2023
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• 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.
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February 28, 2023
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• Adding land fill in excess of 20 cubic yards.
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.
After the 2021, 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 I-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 s tandards.
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 as a possible route 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 attempt to bring the property
into compliance with City Code, you have illegally expanded the outdoor storage area on
the site to land south of 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 zoning code to
prohibit outdoor storage as a principal use of a property. The City has also adopted a code
amendment that limits the amount of outdoor storage area to a ratio based on the floor
area of the principal building on the site. The ratio allows 3 square feet of outdoor storage
area for every 1 square foot of floor area within the principal building. These zoning
changes are applicable to any application that you may pursue at this time.
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 of the City requirements
and the efforts that were available to you last year. With this letter, we direct that Norby
Land Corp vacate the property, remove all outdoor storage from the site and restore the
property to its original condition by April 15, 2023, to avoid enforcement action. Failure to
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February 28, 2023
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correct this violation within the given timeframe will result in the City pursuing a court
action against both Mr. Potter and Norby Land Corporation to have the business removed
from the site. A violation of the City zoning code is a misdemeanor which may result in a
correction order and fine up to $ 1000.00. We will inspect your property on April 16, 2023,
for compliance.
If you have any questions pertaining to this letter, please contact me at your convenience.
Sincerely,
Alan Brixius, City Planner
Cc: Adam Nafstad
Maeghan Becker
Mike Couri
Kris Luedke