2021-05-06 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
May 6, 2021
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,
The City of Albertville has received complaints regarding Norby Land Corp on property
located at the southwest corner of 60th Street NE and Mackenzie Avenue (PID 101-800-
062-200. 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 contractors 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.;
1. Chapter 4400 B-3 District. The contractor’s yard is not listed as a permitted or
conditional use within this district. This use will require a change is zoning to a B -
W, I-1 or I-2 zoning 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
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May 6, 2021
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meet the building type and materials standards for either commercial o r
industrial buildings depending on the zoning designation.
• 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 propos es 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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May 6, 2021
Page 3
• 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.
To allow Norby Land Corp to remain on site the following zoning applications would need
to be pursued and approved by the City Council.
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 meeting
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.
The introduction of Norby Land Corp. to this site is in violation of the Albertville City Zoning
Code. With this letter, we ask that Norby Land Corp vacate the property and restore the
property to its original condition or initiate applications for applicable zoning approvals by
June 6, 2021 to avoid enforcement action. Failure to correct this violation within the given
timeframe will result in a citation and a $200.00 fine. Continued non-compliance with this
correction notice will result in addition fines of increasing amounts or the City may choose
to pursuit a correction through legal means; 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 June 7, 2021 for compliance.
Consideration of any zoning applications is subject to the review by the Albertville
Planning Commission and approval by the City Council. Please note that any application
will be consider on its merit and its compliance with the City’s comprehensive plan and
development codes. This letter does not provide any implicit assurance of any application
approvals.
If you have any questions pertaining to this letter please contact me at your convenience.
Sincerely,
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May 6, 2021
Page 4
Alan Brixius, City Planner
Attachments: Photos
c: Adam Nafstad
Maeghan Becker
Mike Couri
DEVELOPMENT APPLICATION CHECKLIST
CONDITIONAL USE PERMIT (Section 400)
VARIANCE (Section 500)
SITE AND BUILDING PLAN REVIEW (Section 1500)
CONCEPT PLAN
A checklist of background information and submission requirements for processing of conditional use
permits, variances, site plan reviews, or concept plan review is provided below. Should there be an item
which is not included in the submission of the application; a detailed, written explanation should be made
outlining the reason for omission.
The City Staff will also utilize the attached form as a checklist in the review of information which you
submit. The decision on whether a request will be granted rests with the Albertville City Council. Please
read all applicable ordinances and the attached checklist thoroughly. The Albertville City Code and
Zoning Ordinance can be found online at the City’s website at www.ci.albertville.mn.us.
PROCEDURES
Compliance
YES NO
1. Review the appropriate sections of the City Zoning Ordinance.
Conditional Use Permit (Section 400.0 of Zoning Ordinance)
Variance (Section 500.0 of Zoning Ordinance)
Site and Building Plan Review (Section 1500.0 of Zoning Ordinance)
2. Meet with City Staff/Planner to discuss proposal. DATE:
3. Application filed concurrently with submission requirements as set forth below.
4. Application filed concurrently with application fee and escrow. DATE:
SUBMITTAL REQUIREMENTS
1. Proof of title and the legal description of the property for which the application is
requested.
2. Description of the request and rationale explaining why the request should be approved.
3. Ten (10) large scale signed copies, two (2) reduced scale (11” x 17“) copies, and one (1)
copy in electronic format. Copy of detailed written materials fully explaining the
proposed change, development or use, and graphic materials as specified below, unless
waived by the Zoning Administrator.
a. Site Development Plan.
(1) Lot survey.
(2) Lot dimensions and area.
(3) Location of all buildings on lots including both existing and proposed structures.
(4) Dimensions of proposed and existing structures.
(5) Proposed and existing building setbacks.
(6) Location of all adjacent buildings located adjacent to the boundaries of the
property in question.
(7) Location and label of streets including centerlines and right-of-way.
(8) Location and number of existing and proposed parking stalls and driveways.
(9) Location of disability parking.
(10) Specification and details of paving materials.
RECEIVED STAMP
Development Application Checklist Page 2
a.
Site Development Plan (continued)
Compliance
YES NO
(11) Vehicular circulation, curb-cut locations, and truck turning radius (semi truck and
trailer if applicable).
(12) Location and types of all proposed lights.
(13) Site plan details such as trash receptacles, heating and air conditioning units and
screening.
(14) Location of snow storage.
(15) Location and detail of all freestanding signs.
b. Building Details.
(1) “Typical” floor plan and “typical” room plan. Proposed use of the building shall
be identified (i.e. manufacturing, warehouse, office, etc).
(2) Architectural elevations (type, materials, and color used in all external surfaces).
One set of colored elevations of all sides of the building shall be submitted for
review.
(3) Dimensions and locations of all building signage.
c. Grading/Drainage and Utility Plan (shall be signed by a civil engineer).
(1) Existing contours.
(2) Proposed grading elevations.
(3) Spot elevations.
(4) Finish floor elevations (FFE) of proposed buildings and all adjacent buildings
within twenty-five (25) feet of the property lines.
(5) Drainage configuration/patterns.
(6) Ponding area/hydraulic calculations (if applicable).
(7) Wetland delineation and mitigation (if applicable).
(8) Location of permanent water bodies and lakes with illustration of the ordinary
high water mark.
(9) Contour of high water elevation (if applicable).
(10) Erosion control plan and materials.
(11) Storm sewer catch basins and invert elevations.
(12) Proposed road profile.
(13) Location of sanitary sewer and water connection to public utilities.
(14) Sanitary sewer and water plan with estimated use per day.
(15) Location of fire hydrants.
d. Landscape Plan.
(1) Location of existing trees, type, diameter, and which trees will be saved.
(2) Location, type, diameter, and size of all proposed plantings.
(3) Location and material used for all screening devices.
(4) Specified groundcover in all disturbed areas.
(5) Irrigation system.
e. Outdoor Lighting Plan.
(1) Site plan including the location of all illumination devices (fixtures, lamps,
supports, and reflectors).
(2) Description and details of illumination devices: pole heights, fixture angle of
cutoff.
(3) Photometric plan for the entire property in question.
Development Application Checklist Page 3
Compliance
YES NO
f. Signage Plan.
(1) Wall Signs.
a) Elevation of all signs and their location on the building façade.
b) Detail of all signs illustrating area, materials, and illumination.
(2) Ground Signs.
a) Site plan showing all locations of signs.
b) Detail of all signs illustrating area, height, materials, and illumination.
g. Variance.
Narrative that includes a description of the variance request addressing the following
criteria:
(1) By State law, variances may be granted from the standards of the City’s Zoning
Ordinance only if:
a) The proposed variance is in harmony with the general purpose and intent of
the Zoning Ordinance;
b) The proposed variance is consistent with the Comprehensive Plan; and
c) An applicant establishes that there are practical difficulties in complying with
the ordinance standard from which they are requesting a variance. Practical
difficulties means:
The proposed use is reasonable;
The need for a variance is caused by physical characteristics,
circumstances unique to the property; not created by the property owner,
and not solely based on economic considerations; and
The proposed use would not alter the essential character of the
surrounding area.
These items may not be required with an application for a concept plan. Failure on the part of the applicant to
supply all necessary information listed herein or any supportive information as requested by the City may be
grounds for an application to be determined incomplete.
DEVELOPMENT APPLICATION
5959 Main Ave NE Case No:
P.O. Box 9 Base Fee:
Albertville, MN 55301-0009 Escrow Amt: Pd.
(763) 497-3384 fax (763) 497-3210 Date Filed:
Please read carefully and answer all questions thoroughly. Only complete applications will be accepted
after validation by the City Clerk and prior to acceptance of required processing fees/deposits.
Type of Request(s):
Zoning Subdivision
Site and Building Plan Review Minor Subdivision/Consolidation
Comprehensive Plan Preliminary Plat
Zoning Text Amendment Final Plat
Rezoning (Map Amendment) Subdivision Grading Plan
Minor/Major Variance/Appeal Other
Conditional Use Permit
PUD Concept Plan/Amendment
PUD Rezoning
Concept Plan Review
STAFF MEETING DATE: PLANNING COMMISSION DATE:
PROJECT PLANS DUE DATE: CITY COUNCIL DATE:
Address of Subject Property:
Name of Business:
Legal Description of Property (attach additional sheet if necessary):
Lot Block Plat#
Subdivision PID#
Current Zoning Classification (circle): A1 A2 R1-A R1 R2 R3 R4 R5 R6 R7 R8 RMH
B2 B2-A B3 B4 BW I1 I2 P/I
Owner: Name (Print)
Address
City State Zip
Telephone (Home) (Business) (Fax)
Cell Phone ______________________ Email Address
Applicant (If other than the owner):
Owner: Name (Print)
Address
City State Zip
Telephone (Home) (Business) (Fax)
Cell Phone ______________________ Email Address
RECEIVED STAMP
2
Description of Request(s):
EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the
vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps
taken to mitigate or eliminate the impacts:
Reason Why Request Should Be Granted:
Existing Use of the Property / Nature of Facility or Business:
If a request for planning/zoning action on the subject site or any part thereof has been previously
sought, please describe it below:
What?
When?
Project Name, if applicable:
I hereby apply for the above consideration and declare that the information and materials submitted with
this application are in compliance with City Ordinance and Policy Requirements and are complete and
accurate to the best of my knowledge.
I understand that the application will be processed for the next available meeting agenda after review of
the information submitted to determine if any other data is needed and after completion of a staff report.
I understand that all City incurred professional fees and expenses associated with the processing of this
request are the responsibility of the property owner and/or applicant and should be promptly paid. If
payment is not received from the applicant, the property owner acknowledges and agrees to be
responsible for the unpaid fee balance either by direct payment or a special assessment against the
property. If the property fee owner is not the applicant, the applicant must provide written authorization
by the owner to make application.
Signature(s) of Owner(s): Date:
Date:
Signature of Applicant(s): Date:
Date:
Approved Denied by the Planning Commission on: Date:
Approved Denied by the City Council on: Date:
Distribution
City Planner: Building/Zoning Official: Fire Dept.: _____________
City Engineer: Public Work/Parks: Other: _________________