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HomeMy WebLinkAbout05-14-1994 MOUNDS VIEW PLANNING COMMISSION MAY 18, 1994 7:30 P.M. AGENDA SESSION 1. Review Minutes: May 2, 1994 (Enclosed) 2. Discussion of Conditional Use Permit Request of Michael Hegland, 7604 Spring Lake Road, Planning Case No. 374-94 3. Discussion of Major Subdivision Request of Ken Sjodin, Spring Lake Road/Highway 10, Planning Case No. 385-94 4. Discussion of Development Review/Residential PUD Request of Prime Builders, 2856 Highway 10, Planning Case No. 383-94 1111 5. Discussion of Variance Request of Major Video Concepts, Inc., Mounds View Square, Planning Case No. 384-94 6. Discussion of Conditional Use Permit Request of Auto Central, 2975 Highway 10, Planning Case No. 379-94 7. Discussion of Mounds View Nuisance Ordinance **************************************************************** APPLICANTS: YOUR A'I IENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO AF PEND. THANK YOU. **************************************************************** • • • PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA UNr ` Regular Meeting May 4 , 1994 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 The Mounds View Planning Commission was 1. Call To Order called to order by Chair Peterson at 7 : 34 p.m. on May 4, 1994 . MEMBERS PRESENT: Commissioners Nelson, 2 . Roll Call Ruggles, Miller, Stevenson and Chair Peterson were present. Commissioner Colleen had an excused absence. ALSO . PRESENT: Planner Harrington, Recording Secretary Benesch, and Councilmember Wuori were also present. Motion/Second: Stevenson/Nelson to 3 . Approval of 410 approve the minutes of April 6, 1994 , as Minutes: April amended. 6, 1994 5 ayes 0 nays There were no resident requests or 4 . Resident comments from the floor. Requests and Comments Tim Nelson and Dick Hill, representing 5 . Consideration C. G. Hill , were present. of Resolution Nos. 379-94 , Planner Harrington presented a revised 380-94 , 383-94 , parking plan. He made reference to the Regarding the change in the size of the parking stalls Rezoning/ from 18 ' to 20' in depth. Planner Development Harrington also noted the provision in Review/Major the resolution which requires Park Subdivision Dedication Fees to be paid. He also Request of C. noted that all other requirements of the G. Hill, Mounds Code have been met. View Business Park East; and The Planning Commission expressed their Resolution No. 410 concern regarding the noise that would 372-93 be generated from the proposed building Regarding and how it would affect the patrons of Development the Mounds View Inn located adjacent to Review of the site. The Planning Commission was Multi-Tech . Tr-VA V 0. , te) r r .Mounds View Planning Commission April 6, 1994 Regular Meeting Page 3 regarding this proposal had been resolved. He also noted that the applicant would be rezoning only a portion of the property that pertained to the expansion. At this time Planner Harrington distributed copies of the site plan pertaining to this request which are the same at those approved by the Planning Commission on December 1, 1993 . Mr. Nelson advised the Planning Commission that Multi Tech would be purchasing 6 . 414 acres instead of the entire property as was originally proposed. He explained that the two parcels would be subdivided into two new parcels to be known at Mounds View Business Park West Addition. He also added that the proposed expansion has been revised from 30, 000 square feet to 60, 000 square feet and that the parking improvements on the property increased from 73 , 000 square feet to 133 , 000 square feet. Mr. Nelson expressed his desire to have the Planning Commission take action on this item at this time which would enable him to bring the proposal to the Council at their next meeting. Planner Harrington advised the Planning Commission that the City Attorney had reviewed this proposal and it meets all subdivision requirements. He also noted that the plat would need to be recorded within 30 days and that park dedication fees would need to be submitted. The Planning Commission was reminded that the property under consideration, Lot 2 , Block 1, Mounds View Business Park West Addition, would need to be rezoned to PUD to be consistent with the 410 rest of the Business Park. Planner Harrington made note of the previous resolution, No. 372-93 , which rew.., �-?- r`` Mounds View Planning Commission April 6, 1994 Regular Meeting Page 5 nature of this request. It was noted that 400 square feet is the maximum with a conditional use permit and the applicant is requesting 528 square feet. Mr. Hegland took the floor and demonstrated to the Planning Commission his hardship. He stated the he believes that the Code is written to accommodate new construction, not existing properties. He also stated that due to the dimensions of his lot and the layout of his house, it would not be possible for him to build an attached garage to the maximum allowable square footage of 864 square feet. Discussion continued by the Planning Commission. Planner Harrington reminded the Planning Commission that a 2/3 vote 411 by the Commission would be necessary to approve the resolution. Motion/Second: Stevenson/Nelson to recommend approval of Resolution No. 381-94 , recommending denial of a variance to allow for an oversized accessory structure at 7604 Spring Lake Road. Motion Carried 5 ayes 0 nays The Planning Commission discussed the applicant's hardship statement dated March 29 , 1994 , and reviewed the criteria for granting variances. They amended the resolution to include findings- of-fact to support the denial of the variance. The applicant's hardship statement was made a part of the resolution. The applicant was informed at this time of his options; he could either appeal the decision to the City Council or 410 submit a new request. 7 . Consideration Jeff Huggett, representing Westminster • of Resolution Corporation, was present. Nos. 382-94 and Mounds View Planning Commission April 6, 1994 Regular Meeting Page 7 Motion/Second: Miller/Peterson to recommend approval of Resolution No. 382-94 , recommending approval of the development request of Westminster Corporation. Motion Carried 5 ayes 0 nays 8 . Staff Report Planner Harrington was requested by City Administrator Orduno to present to the Planning Commission the recommendation to consolidate the City's existing tax increment financing districts into one total district encompassing the entire City. It was requested that the Planning Commission make a motion regarding this item. Motion/Second: Nelson/Peterson to • recommend approval of consolidating the Motion Carried entire City as a tax increment financing district. 5 ayes 0 nays 9 . Report of Chair Members present at the April 20, 1994 , Agenda Session included Commissioners Nelson, Colleen, Ruggles, Stevenson, Miller, and Chair Peterson. The Planning Commission was informed that the City Council has appointed a new Planning Commissioner, Marshall Johnston, who would start his position at the May 18th meeting. The Commission thanked the City for allowing four of their members to attend a Planning seminar in St. Cloud. 10. Adjournment There being no further business before . the Commission, Chair Peterson adjourned the meeting at 10 : 09 p.m. 3-� h-\ 411 MEMORANDUM TO: PLANNING COMMISSION FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOlq.`�. DATE: May 12 , 1994 SUBJECT: CONDITIONAL USE PERMIT REQUEST MICHAEL HEGLAND, 7604 SPRING LAKE ROAD At the May 2 , 1994 Planning Commission Meeting, Michael Hegland's request for a variance to allow the utilization of an existing 528 square foot building located onhis property as an accessory building following the construction of a new, attached garage was denied by the Commission. Following this action, the applicant chose not to appeal the decision of the Planning Commission to the City Council. Rather, he has submitted an alternative plan which falls within the 0 parameters of a conditional use permit. I have attached a letter submitted by the applicant for . consideration by the Commission. I • �if;� Y • • q / • '.i. l q, 'L f. i fAg H Y F �/ T-' fitt. Y 1 ,. % t yak p r' r s _.. I / f .. dD • / 4 e . ioa, 5 IV , v .. \r••: ' :!vi��� \tla \�\\y 5 1 - F�\ dZ�\ CITY OF MOUNDS VIEW PLANNING APPLICATION 4110 APPLICANT: GliTY Gs.// oic. ),7Tv --/o/�y n6 Phone — DCe:7 ADDRESS: S3,11f re-, /ra l /9-re-1l/�L iar/ /--/A/ ... --.5--,i_3*' . Street Address, City, State, and'Zip Code Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request. PROPERTY INVOLVED: Address/General Location A/0Irl ? ,41w y /& 1 ‘-c f/NGGK 5 Ay/Cc_ 1-,.' 1, ;4- i'/rte 4 z Yr j 'v't L/ I--3-vi J. frc s-2 ci Legal Description or Property Identification Number j, ,i-7-a,6 ./ 1d�.7-' 70 Tips ap /, Ga Ttan Legal Owner: Name/Address is 411 Present Use (check appropriate box): 2 UndevelopedNacant (/?t(,/...,,,,/.4_s 0)14 silt/c• 1aMe/y dw 4 Hill ❑ Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units ) ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: ❑ Abstract Torrens R -1 _ . *Please note: Applicant may be responsible for additional fees associated w. h t rev i of requ P. CL I HERESY DECLARE THAT THE ABOVE STATEMENT ARE TRUE,� � G/� ,--� .(/ ,, i1- P/"trc,4: Signat e ✓ Rezoning $200/acre, minimum $200,maximum $1,000 Park Fund Dedication Fee Variance R-1 to R-2-$75,all others $200 Date Paid Conditional Use Permit R-1 to R-2-$75.all others$200 Receipt Number Code Appeal $75 Develcp.,'Site Plan Review $100/acre,minimum 100, maximum $500 Total Fees Paid J -0'''-/° • Minor Subdivision $150 Date Paid S--// - 'a r—J Major Subdivision $250 plus $250 deposit Receipt Number i..4.10 Li ? / Comp. Plan Amendment $200 Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 PUD Amendment $150 Cate of final action APPROVED 0 DENIED 0 TABLED E 411 MEMORANDUM TO: PLANNING COMMISSION l , FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR (.7' DATE: May 12 , 1994 SUBJECT: DEVELOPMENT REVIEW - PRIME BUILDERS 2856 HIGHWAY 10, PLANNING CASE NO. 383-94 Prime Builders has made application for a Development Review/Residential PUD for their proposed 22 unit townhome project at 2856 Highway 10 . Staff has met with the applicant on a number of occasions to discuss the project and feels that the submitted plan is workable. The following is a list of the issues which were discussed by Staff and the applicant prior to the submittal of the request. 411 1) Lot Area, Setbacks, Frontage, etc. - Staff felt it was best for the applicant to approach the development from a PUD perspective rather than attempt to meet all tenets of the Municipal Code. The PUD classification allows the applicant to "massage" the requirements of the Code to facilitate development of the property. The primary reason for taking the PUD route was that the property involved in the project is very long and narrow which makes setback requirements somewhat difficult to meet. 2) Emergency Egress - Staff contacted the Fire and Police, Chiefs' to get their input on the access and circulation being provided on the property. Both agreed that the property needed a second point of access from the rear of the site. Based on this, the applicant approached the Knollwood Green Townhome Association (immediately to the West of the subject property) and obtained permission to connect an emergency drive to their existing secondary drive. Staff would ask that the Commission, when considering action on this request, require that a written agreement be entered into between the applicant and Knollwood Green. • 3 ) Storm Water Ponding - The applicant was informed that ponding area would need to be provided on-site to service the storm water run-off generated on the site. The applicant has shown on the attached site plan an area designated for ponding and Staff will be forwarding a copy of this plan to the City' s CITY OF MOUNDS VIEW - . PLANNING APPLICATION APPLICANT: ?('t irY. � .--?::)Q. ‘ -,.. 1;k1^ s . -1-v\< ,. Phone S \_" 6 ADDRESS: I I Sy 6 SSS lie Iq co—S._ c1 -� 9,1 Street Address, City, State, and Zip Code interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager 27 Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request. • PROPERTY INVOLVED: Address/General Location ...se---• cA t-�- tY Legal Description or Property Identification Number --- Legal Owner: Name/Address ,ee c......± .- -.!...L,.._- Present Use (check appropriate box): III Er' UndevelopedNacant ❑ Single Family Dwelling • ❑ Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units ) ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) .Property Classification: Abstract O Torrens . 1 � p REQUEST: ` , o c ►.J S'2 0 1 mt: -'— n •h � 1 ,\ Z 7_ - ``44,, f \ 9..c.i._ s ),t._-,C:Is'A t t t 3 l_ '' A.' -t--;J/ R-!1 "c''N r' r`., "*. i-7-- j h e-; u l'fit r,,t- q.r..t '- t).d, t!"4._ .4 *Please note: Applicant may be responsible for additional fees associated with the r ew of this request. I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. ,%_ F .- ';:,--.7;.-----:::>"._.::.--7:-.-:-----' Signature . Rezoning 5200/acre, minimum S200, maximum $1,000 Park Fund Dedication Fee Variance R-1 to R-2-S75, all others 5200 Date Paid Conditional Use Permit R-1 to R-2-$75. ail others 5200 Receipt Number Code Appeal S75 - c/:,/' Develop./Site Plan Review $100/acre,minimum 100,maximum $500 Total Fees Paid -,f Minor Subdivision 5150 Date Paid s • Major Subdivision $250 plus $250 deposit Receipt Number V Comp. Plan Amendment $200 Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Suffer Permit S10 Date Paid Planning Sign $50 Receipt Number PUD . $350 PUD Amendment 5.150 Date of final action APPROVED ❑ DENIED 0 TABLED 0 /IA..t/A i/ cion r,� n �u' nw Www ., ^: - ill Ay M'� M7�7�Iq IW ,.�., drio I� 8�hDSj U2ISeU • •.r • ............. • .. 1 < iJ _NI '1 1111111 111111 1 iii i —ice; g 1 • L �E , .. > • tr-Z , _i_j_ ii 0.--$ ' I • i 1- l • . I i-,----."--"t o 1 /0---5. < ._._, i 1 i , I 1-: . , ,... ... S • .,:j. - . - • :=-7-111111 1111111 :...,:: .,.- . • ' - , , 1_______i• '...... 1011 111111I 1 ' ^I .-744111111 c',• I....;...k. . , /:.. - , .. ,, 0 ,) ',., , .-- i ......./ .,..,. . .._ „ —... iiiiiii.iiii... Hill 1 . 1 : :-: ..... .4 • % .. , , 1:--' 77--7•1• •I •'' :' - 1:—'—•::- I , , - .--- 1.—.."-,--...! It ' pr-'''''--:—:- -•—•-1 . —1 s• .. i e. • I.. .'• 47%%'—iii7-,01$ , 1.:F=:‘ ::',•----- r,,.., 1-.4111 11111.6, , ,- • '' ..E.,_.-------- .--- ---; - . ,..: ,....- •I :-.-- 111111111 1 ..,- ..,.. . , • . 1. , '• -:. • . , I . , 1111 IlillIlfi 1 1 : - ' i I •' I 1 . i - . . 1 , 111111111• ..' t:1 -'' !---.4- , - --,=• .4.11111:',:".....; -- -4---'--7--- _i_at ! ., , , , ___.4: ,,...,._ . . • ---,--. • I . ' f:: .:' '4 .....,---- -, ••,.: 1 1,.... ;....,7.4.., z ,•, -=% i____, i, ' ' . •-"-., -, 1 - -"'Z3 ill,I -----.-- 117" i'4%. - - ' •-., I ••_.• 1112;'•-,-,• . .:----;-•••,' il-. . .. ;., I = IIIiii i:,',:%-,• •;','''' ','1 • ' . 1 - '. •-f•:. • 1.';'., . . .:, tii ,. - - r , : ..,. I, -- f I "F ' • k 7; i.TI: - - , .-_,•.., .. • ..:`, : 111111 -t- _ ' 14.. t.' CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANT: Ma jor v,r9ao canto is. Tnr._ Phone 4R4—V111 1 ADDRESS: 380 Oak Grove Parkway, St, Paul, MN 55127 Street Address, City, State, and Zip Code Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner Lessee, Operator, Manager ❑ Agreement to Purchase O Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request. PROPERTY INVOLVED: Address/General Location Mounds view Square Legal Description or Property Identification Number Legal Owner: Name/Address PaGtPr FntPrpY�SPS 2227 University Avenue, St. Paul, MN 55114 Present Use (check appropriate box): ❑ UndevelopedNacant ❑ Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: ❑ Abstract ❑ Torrens REQUEST: 238 square feet of lettering on illuminate awning • *Please note: Applicant may be responsible for additional fees associated wit. `- y •• of this requ t. I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. .14 -----' Signature Rezoning $200/acre,minimum $200,maximum $1,000 Park Fund Dedication Fee Variance R-1 to R-2•$75, all others$200 Date Paid Conditional Use Permit R-1 to R-2-$75, ail others $200 Receipt Number Code Appeal $75 Develop./Site Plan Review $100/acre,minimum 100, maximum $500 Total Fees Paid 411, Minor Subdivision $150 Date Paid Major Subdivision $250 plus $250 deposit Receipt Number Comp. Plan Amendment $200 Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 PUD Amendment $150 Date of final action APPROVED L DENIED 0 TABLED 1z1RflD7IVI0V IE5 & GAMES Description of illuminated awning Total awning length: 109' 6" (50' front, 59' 6" side) Depth: 18"' Height: 84" Flat surface available for lettering: 70" (height) Color: Green with white copy or Red with white copy Lettering (see attached red drawing) "Mario's" logo: 56"H x 203"L • "Movies": 20"H x 152"L "Gaines": 20"H x 144"L Total lettering size per side: 119 square feet Total lettering: 238 square feet Notes: The "star" on the Mario's logo will be lowered and redesigned so it does not extended above the lettering. The awning will wrap around the corner of the building. Location of space is the south endcap of Mounds View Square Shopping Center located at Highway 10 & County Road I. Contact at Lawrence Sign: Geoff Michael 488-6711 • CITY OF MOUNDS VIEW PLANNING APPLICATION APPLICANT: AiTO G �(L-f�L /�l/ . - 8.6) Phone 7 � 7/ ADDRESS: 2'375/C7 , , c 1nDthunS VVc u , /Yl /uu 5-.s7 Street Address, City, State, and Zip Code Interest in Property (check appropriate box): ❑ Owner of Property ❑ Contract for Deed Owner Lessee, Operator, Manager '❑ Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request. PROPERTY INVOLVED: Address/General Location .fi175- A4 'y /a A-1 c Legal Description or Property Identification Number Legal Owner: Name/Address KKvihJ Ai L_U,vS Present Use (check appropriate boxy: ❑ Undeveloped/Vacant O Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: ❑ Abstract 0 Torrens REQUEST: Li 8ENSF 1 Do • • C4,10 *Please note: Applicant may be responsible for additional fees associated w _ revi-w of this request. I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. if oJL Si. a /e Rezoning $200/acre, minimum $200, maximum $1.000 Park Fund Dedication Fee Variance R-1 to R-2-$75,all others $200 Date Paid Conditional Use Permit R-1 to R-2-S75, all others $200 Receipt Number Code Appeal $75 `�— Develop./Site Plan Review 5100/acre. minimum 100,maximum $500 Total Fees Paid • $150 Date Paid Major Subdivision $250 plus $250 deposit Receipt Number Comp. Plan Amendment $200 Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 PUD Amendment $150 Date of final action // APPROVED ❑ DENIED ❑ TABLED 0 J✓ , _ a/.— n n / MEMORANDUM TO: PLANNING COMMISSION FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR R" DATE: May 12 , 1994 SUBJECT: NUISANCE ORDINANCE In response to the FOCUS 2000 Report, the City Council, at their 1994 Strategic Planning Session, decided to conduct a comprehensive update of the Mounds View Nuisance Code. Based on this direction, Staff contacted the City of Minnetonka to obtain a copy of the Ordinance they currently have in place. Minnetonka has been a leader in nuisance abatement and, Staff felt that their Ordinance would provide a good starting point for discussion. Two items which need to be kept in mind during the course of discussion: 411 1) The Commission needs to be sure that all potential nuisance situations are addressed in one way or another in the Code (i.e. junk cars, debris, lawn waste, garbage, etc. ) . 2) A very well defined abatement procedure must be included in the Ordinance. It has been Staff's experience in the past that, although the City may consider a condition to be a nuisance, no procedure has ever been established to allow the City to abate the problem should the property owner refuse to. Please note in the Minnetonka Ordinance that a prncPdurP for City abatement of nuisances is specifically spelled out. I have included a copy of the Minnetonka Ordinance for your review. The Mounds View Nuisance Ordinance is Chapter 604 of the Municipal Code. Please compare the two and bring your comments to the Wednesday meeting. If you have any questions, please do not hesitate to give me a call. • 600.10 1110 6. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances. 7. All noxious weeds and other rank growths of vegetation upon public or private property. 8. Dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities. 600.10. Public Nuisances Affecting Morals and Decency. The following are declared to be nuisances affecting public morals and decency: 1. All gambling devices, slot machines and punch boards. 2. Betting, bookmaking and all apparatus used in such occupations. 3. Any vehicle used for an immoral or illegal purpose. 600.15. Public Nuisances Affecting Peace, Safety and General Welfare. The following • are declared to be nuisances affecting public peace, safety and general welfare: 1. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection. 2. The piling, storing or keeping of old machinery,junk, furniture, household furnishings or appliances or component parts thereof or other debris within the City. 3. The placing or throwing on any street, alley, road, highway, sidewalk, or other public property of any Blas,_tac s, nails, bottles or other subsrnres which may injure any person or animal or damage any pneumatic tire when passing over the same. 4. The depositing of, maintaining, permitting or failing to remove, garbage, trash, rubbish, bottles, cans and other refuse on any property within the City, including large quantities of organic debris and materials, which accumulated by other than natural means, except neatly maintained compost piles. 5. Property in a residential district not seeded, sodded, or otherwise planted with a ground cover more than 240 days after any disturbance to the property caused by construction, Grading, or other activity; or at any time prior to the 240 days if the property is causing erosion or drainage problems on the same or nearby properties, including public streets. • 6. The accumulation of anyP iles of wood which are not: a. neatly stacked, or - 130 - • 600.17 • a. No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. b. Every exterior surface which has had a surface finish such as paint applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped or otherwise deteriorated surface finish on more than twenty percent (20%) of: i. any one wall or other flat surface, or ii. all door and window moldings, eaves, gutters, and similar projections on any one side or surface. c. No glass, including windows and exterior light fixtures, shall be broken or cracked, and no screens shall be torn or separated from moldings. d. All exterior doors.and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place. e. All cornices, moldings, lintels, sills, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make • them hazardous or unsightly. f. Roof surfaces shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly. g. Chimneys, antennae, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where applicable, to an exterior wall or exterior roof. . . '• . . • .. . •• '. Q••d re.air. Section 600.16 added 6/1/87 by Ord. 87-468) 600.17. Special Provisions - Outside Parking and Storage. 1. Definitions. For purposes of this section the following words shall have the meanings specified below. a. "Vehicle" or "vehicles" shall mean any motor vehicle as defined in Minnesota Statute 169.01, including pioneer, classic collector and street rod vehicles, but excluding the following: • i. Trailers with weight classifications of A and B as provided in Minnesota Statute 168.013, Subd. le. - 132 - 600.18 • iii. All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence shall be considered residents on the property. d. No person owning, driving or in charge of any vehicle with a weight classification G through T inclusive, as specified in Minnesota Statute 168.013, Subd. le, may cause or permit that vehicle to be parked outside or to stand continuously for more than two hours on any property or public street within a residential zone in the City. 4. Exceptions. The prohibitions of this section shall not apply to the following: a. Any motor truck, pickup truck or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b. Any vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such pickup or delivery and in excess of the two hour • limit shall be unlawful. c. Lawful nonconforming and permitted uses. (Section 600.17 added 6/1/87 by Ord. 87-468) 600.18. Special Provisions - Abandoned or Inoperable Motor Vehicles. 1. Definitions. For purposes of this section the following words shall have the mPaninas specified below. a. "Abandoned Vehicle" means a motor vehicle that has remained for a period of more than forty-eight (48) hours on public property illegally or lacking vital component parts, or that has remained for a period of more than forty-eight (48) hours on private property with or without consent of the person in control of the property, in an inoperable condition, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or to a towing contractor hired by the City for its removal. b. "Junk Vehicle" means a motor vehicle which is in an inoperable condition, which is partially dismantled, which is used for sale of parts or as a source of repair • or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, unless such vehicle is kept in an enclosed garage or storage building. A junk vehicle shall also be considered an abandoned vehicle for the purpose of this ordinance. - 134 - 600.19 • 600.19. Special Provisions - Lawn Maintenance (Section 600.19 added 6/8/92 by Ord. 92-627) 1. Preamble. . The City Council finds that there are a variety of landscapes in the City which add diversity and a richness to the quality of life. Certain areas in the City have been left, or allowed to go, unmaintained. These have been accepted by the vast majority of the City residents as appropriate and as part of the unique quality of life in this community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property which appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. Undesirable vegetation such as common buckthorn, quackgrass, and other weeds may invade and threaten to supplant other more desirable vegetation, b. Vegetation which causes allergic reactions, such as ragweed, may develop, and c. Tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads. The City Council also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a protection for the larger community, however, this change in vegetation must be properly managed and maintained and the length of the transition period must be minimized. The Council finds that the establishment of prairie and meadow plant communities is an acceptable landscape treatment in the City. This requires special consideration, however, because weeds will grow during the first—few—years—of transition for- •- •= - - - ion predominates and will appear like neglect. Therefore, the Council finds that this type of vegetation is acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. In contrast, the transition to trees and other woody species does not require special consideration because untended grass or weeds are not a necessary part of that transition period. Rather, the transition period is shortened by eliminating competition around the seedlings through such techniques as organic mulch. The City Council enacts this ordinance to balance the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. The Council finds that establishing a height limitation for certain vegetation is in the best interest of the public health, safety, and welfare as outlined above and is a reasonable maintenance standard. 2. Definitions. For purposes of this section the following words shall have the meanings specified below. - 134B - 600.20 • 4. An area in which the land and vegetation appears not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination, and 5. An area established with meadow vegetation if: a. The prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means, b. The area is cut at least once per year to a height of no more than 10 inches, if weeds cover more than 25% of the area, and c. A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign shall be in addition to any sign permitted by the sign ordinance but shall be no smaller than ten inches square, no larger than one square foot, and no higher than three feet tall. The sign is no longer required when weeds cover 25% or less of • the area. 4. Declaration of Public Nuisance. The following are public nuisances subject to abatement under this chapter: 1. Noxious weeds, 2. Vegetation which does not meet the maintenance standard specified in paragraph 3 above, and 3. Vegetation which violates the sight-distance standards in Section 300.15, Subd. 9(e) and Section 300.28, Subd. 20 of this code. 600.20. Public Nuisances Affecting Lakes or Other Body of Water. (revised 10/30/89 by Ord. 89-570 and 7/16/90 by Ord. 90-584) The following are declared to be public nuisances affecting the waters of any lake or other body of water: 1. Definitions. For the purpose of this section "Public Waters" shall have the meaning • given in Minnesota Statute 105.37, Subd. 14. 2. The following are declared to be public nuisances affecting the waters of any lake, other body of water, or public waters, and are prohibited: - 134D - 600.27 • b. Defective chimneys or stovepipes; or c. Dilapidated condition or decay; or d. Defective electric wiring; or e. Defective gas installation; or f. Defective heating apparatus; or Defective sewage disposal system or plumbing; or h. Any other defect endangering the public safety, health or other property; is hereby declared to be a nuisance affecting public safety and health. 2. The Building Inspector or the Fire Marshal may order such nuisance abated by ordering its repair, correction or removal. Such order shall be in writing and shall order the repair, correction or removal of the nuisance within 30 days or such other time as the Building Inspector or Fire Marshal shall deem reasonable. Such order shall be served upon the owner, the lessee or the occupant by mail or by personal service. The order may provide that the building or structure not be further used or occupied until the repair or correction of the defect. 600.27. Abatement Procedure. (amended 11/26/90 by Ord. 90-591) 1. Abatement. Except for the abatement of public nuisance vehicles governed by Section 600.18, the following abatement procedure shall apply to all public nuisances. Whenever the officer who is charged with enforcement determines that a public nuisance is being maintained or exists on property in the City, the officer shall notify in writing the property owner and occupant or other responsible party of that fact and order that the nuisance he terminated and abated. Notice shall be served in person or by mail. Notice to the owner shall be satisfied by notice to the person listed as the taxpayer on the County's tax records. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting it on the property. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated. If the owner, occupant, or other responsible party does not comply with the notice within the time specified, the City Council may, after notice to the owner and occupant or other responsible party and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing officer and shall be given at least ten days before the date stated in the notice when the Council will consider the matter. If notice is given by posting, at least thirty days shall elapse between the day of posting and the hearing. 2. Summary Abatement. The enforcing officer may provide for abating a public nuisance without following the procedure required in paragraph 1 above when: - 134F -