HomeMy WebLinkAbout2013.11.04 RESO 2013-33RESOLUTION 2013-33
APPROVING FINDINGS OF FACT FOR REVOCATION OF LICENSE TO
OPERATE AN AUTO DISMANTLING FACILITY AT THE PROPERTY
LOCATED AT 16813 FOREST BOULEVARD NORTH
WHEREAS, Daniel Stewart, DBA Automotive Recycling Kompany is in violation of his
License to operate an auto dismantling facility on the property legally described as
follows:
(See attached Exhibit A)
WHEREAS, the City Council has held a revocation hearing after providing proper notice
of the hearing;
WHEREAS, the license holder has failed to comply with the license condition that states
"This license is issued pursuant to Chapter 42 of the Hugo City Code, and is conditioned
upon the applicant meeting all requirements of the code, as well as any special conditions
of this license."
WHEREAS, the license holder has failed to comply with the license condition that states
"Maintenance of a current Hazardous Waste Generators License, issued by Washington
County, is required for this site. Lapse or denial of this permit voids this License."
WHEREAS, the license holder has failed to comply with the license condition that states
"All vehicles shall be drained of fluids, including gas, oil, antifreeze, transmission fluids,
refrigerants, and other flammable or hazardous materials prior to storage in the yard or
scrapping."
WHEREAS, the license holder has failed to comply with the license condition that states
"Junk vehicles shall be stored in neat and orderly rows, no more than two cars deep, with
fire lanes of at least 20 feet between rows."
WHEREAS, the license holder has failed to comply with the license condition that states
"No more than 500 waste tires shall be stored on the site at any time. All tires shall be
located at one location of not more than 5,000 feet in area, and not stacked more than ten
feet high. A posted fire lane of not less than fifty feet in width shall be maintained for
emergency vehicles access at all times."
WHEREAS, the license holder has failed to comply with the license condition that states
"Hazardous and/or flammable materials shall be stored in covered and appropriately
marked containers. Adequate aisle space shall be provided for access by emergency
Resolution 2013 -
Page 2
personnel and for spill containment and cleanup equipment. Any change in the type or
location of hazardous or flammable materials, or increase of 50 gallons or more in
quantity, shall be reported to the Chief of the Hugo Volunteer Fire Department"
WHEREAS, the license holder has failed to comply with the license condition that states
"A 3 -foot high berm, topped by coniferous trees, shall be built by the applicant along the
north property line, as proposed in the site plan submitted as part of the license
application. Should at any time in the future, the coniferous trees planted along the north
property line die, a 6' high privacy fence shall be immediately installed at the owner's
expense. The City will verify compliance with this condition prior to renewal of the Auto
Dismantling License.
WHEREAS, the license holder has failed to comply with the license condition that states
"Adequate fencing around the vehicle storage area and processing facilities shall be
installed no later than June 1, 1999 to limit access to the site to authorized personnel only.
All fencing on the site shall be repaired and maintained in good condition."
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does revoke the
Automotive Dismantling Facility License.
ADOPTED by the City Council this 4`s day of November 4, 2013
ATTEST:
Michele Lindau, City Clerk
Bent By: POSEN i ROSEN PLLP; 661 223 6614; Apr -27-00 '•04PM; Page 2!7
DATE OF APPROVAL:
,01111106 FOR WHICH SPECIAL
USE PERMIT 13 GRANTED:
LEGAL DESCRIPTION:
A. 16705 Forest Boulevard
SPECIAL USE PERMIT
16703 and 16813 Forest Boulevard Neill,
H+go.MN 55038
That pert of the Northeast Quarter, Section 8, Township 31 North, Range 21 West, Washington
County, Minnesota, described as follows:
Commencing at the northeast eertur of said Section 8; thence 179 degrees 57 minutes 10
seconds, azimuth from North based on Washington County Coordinate System, along
the east Jine of Section 8, a distance of 1674.81 feet m the point of beginning; thence
continuing 179 degrees 57 minutes 10 seconds along said east line,' a dietanee of 298.47
feat; thence 268 degrees 31 minutes 15 seconds parallel with tht north line of said
section 8, a distance of 117693 forty thence 3S9 degrees 45 minutes 48 seconds, 184.37
lbet; thence 278 degrees 13 minutes 20 seconds to the easterly rjghFof-way line of
/Forest Boulevard North (also known as almlt highway No. 61); thence northeasterly,
along said easterly right-of-way tine to the palm, nt interjection with a line baying an
azimuth of 277 degrees 37 minutes 51 seconds from the point of beginning; Thence 97
del,+tees 37 minutes 51 seconds along said line to the point of beginnlnt.
B. 16813 Foregt Boulevard.
That pan of the Northeast Quarter, Section 8, Township 31 North, Range 21 West, Washington
County, Minnesota, described as follows:
Commencing at the northeast comer of said Section 8; thence 179 degrees 57 minutes 10
seconds, azimuth from North based on Washington County Coordinate System, along
the asst line of Section 8, a distance of 1574.81 feet to the poitnofbeginning; thence 277
degrees 37 minutes 51 seconds to the easterly right -0f --way Ent of forest Boulevard
North (also known as Trunk Highway No. 61); thence northeasterly, along said easterly
right-of-way line to the south line of she North 1059.44 frit of aid Nmrdteast Quarte;
thmtee euterly, along said south Una to said 6881 line of Sectiou 8; thence southerly,
along Said east line of Section 8 to the point of beg inning.
OWNER(S), Norm C. Horton Sr.
ZONING DISTRICT: Agricultural
THIS SPECIAL USE PERMli
ALLOWS FOR THE FOLLOWING: Operation of an automobile recycling facility limited to
the storage, reductimn, dismmtiJng and sslvuge of
automobiles cord related tele of sueornobils components,
scrap and hunts.