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09-537Coancil File #— i�� Green Sheet # 307 0�{ O l �� Presented by „ 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on May 6, 2009 hereby memorializes its decision to 3 certify and approve the Apri130, 2009 decision of the Legislative Hearing Officer for the following 4 address: 6 ADDRESS 8 1751 Bush Avenue APELLANT Dennis Peabody 10 Decision: Appea] granted for the Vehicle Abatement Order; appeal denied for the Summary Abatement 11 Order and extension granted to May 13, 2009 to bring into compliance. Yeas Nays Absent Carter ✓ Bostrom ,� Harris ✓ Helgen J Lanriy ` Stark r / Thune „i � .�- Adopted by Council: Date ��aG��(�-r/ Adoption Certified by Council Secretary C g � i Appro e y yo� ate ��— 7 By: RESOLUTION PAUL, MINNESOTA Requested by Department of: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet /��I-L���� � DeparhnenUOfficelCouncil: Date Initiated: � � co-�°°°��� 13-MAY-09 Green Sheet NO: 3070401 CoMact Person & Phone: Department SenF To Person 4nitiallDate Marcia Moermond � ^��� 0 6-857� 1 omcH De artmen[ Director Assign Z �p•Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 � For 4 0 Routing Doc. Type: RESOLUTION ��def 5 O E-DOCUment Required: Y Document Contact: Mai Vang ConWct Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memodalizing Ciry Council action taken May 6, 2009 granting the appeal for the Vehicle Abatement Order and denying the appeal for the Surrmiary Abatement Order and extension granted to May 13, 2009 to bring into compliance for properiy at 1751 Bush Avenue, per the recommendation of the Legislative Aearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this departmenl? CIB Committee Yes No Crvil Service Commission 2. Has this person/irm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApprovad: DisadvanWges IfApproved: DisadvanWges If NotApproved: Total Amount of Trensaction: CosURevenue Budgeted: Funding Source: .4ctivity Number: Financiat l�ormation: (Explain) May 13, 2009 10:31 AM Page 7 .z, a R ;2 0 j; �,� i1li�il� i � � April 22, 2009 Dennis Peabody 1751 Bush Ave. St. Paul, MN 55106 RE: 1751 Bush Ave. Dear Mr. Peabody: CITY OF SAINT PAUL CITY CLERK'S OFFICE O� `��� Your application for an appeal has been received and processed. t� �, 30 `il�.�� Please attend the public hearing before the Legislative Hearing Officer on �es�ay, April 30, 2009 at�-a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, .���,ll�t� G i��� �-� Shari Moore City Clerk cc: Paula Seeley, Code Enforcement Qfficer Marcia Moermond, Legisiative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 LVEST KELLOGG BOULEVARD, SUITE 310 SAINT PAiJI, MINNESOTA55102 Tel: 651-26(r8688 Fac:651-ffi68574 wws»stpaul.gov M Affumative Action Equal OpportuniTy Employer D� APPLICATION FOR APPEA����,��� Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Aall �.p� L L �QQ� Saint Paul, Nlinnesota 55102 Telephone: (6�1) 266-8688 �1T�' CLERK Address of Property being Appealed: j C� I:,�;v1 N�C s, . �a�L rr,.,� ss/o( 2. Number of Dwellin� Units: I 3. Date of Letter Appealed: 4. NameofOwner: �C`�'*'�� �C��onY Address: �� 5 ` � � S �t �� City: 5 � � a �L State: n'' ^-' Zip: 5 5� c, 6 i PhoneNumb usiness Residence Cellular 6 3S`'� �j�' Signature: '�C/-2�+v.,�.. 5. Appellant / Applicant (if other than owner): Address: City: State: Zip: Phone Numbers: Business Residence Cellular �Signature: 6 State specifically what is being appealed and why (Use an attachment if necessary): r'I(,y� CY-� �� �IC �J � O� 7��✓G �'�/ Pi rl"�� _ �OvjvT�'�. T.{'( �5 f�'�v O���Cr /� �Tl OC{�SO^J J�C TO LGu.� �N?C i(Z���623 /jn-0 Sc,:�{ ��C-�v Sg�� rr' L �i T(Luz�t wbh� c�/ �S fi�9� Kc�O a.✓ l�i2Avtc. �y �,� v�c.,f�.� levSy�C�Tu6Z wa,�� ��L TRa��-�S, 7lL�cx �r�J �Hr�cc-s /�C �jOtt'� t3�1 1��(t�i / ��J�/ � � wAr�i �/ So 'yo� cqv o:<.N , ��o,(�C(z-��/ ��o � w��� mcvC ;c R FI�CETowR/ 9� �w� r(�om (�,c�A�o 2S NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accomnany this application as a necessary conditxon for filing. You must attach a copy of the original orders and any other correspondence relarive to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by timely filing of an action as provided by law in Dishict Court. For Office Use Only � Date Received: Fee Received: Receipt Number: Date of Hearing: �/:�,���a`� Revised 4/252007 SAINT PAU'L � AAAA CTTY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS DIVISION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 VEHICLE ABATEMENT ORDER Dennis 7 Peabody 1751 Bush Ave StPaul MN 55106-4213 Apri115.2009 Inspection � ' ea _ (in:c) 09 - 054114 0 � -�3�� Yog Lais tias koj Lais lus Hmoob thiab koj tsis w taub tsab mawv no, hu mu tus Wiais lus ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necess�ta un trnductor, por Savor llamanos al (651)2668989. No costo. ' As owner or person(s) responsible for 1751 BU5H AVE YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VEHICLES ARE IN VIOLATION O�'i'FIE $AIt�T PAUL LEGISkATIVE #1 Ford Violation A, E #4 VIOLATION CODE: A- Lacks current B - Open to enhy/unsecured C - Missing vital parts/dismantled GHAPTERS 45, OR 763: #2 #5 D - Appears undriveabie E - Unimproved surface F - Other violation FAILURE TO COMPLY MAY RESULTS IN TAGGING AND/OR TOWING. #3 #6 CHARGES: If the City impounds and disposes of the velucle(s), the charges assessed to the above property will be approgimately $1,000.00 for each vehicle. This charge does not include impound fees and other related costs for release of vehicle(s). Velucles found to be in violation on or after April 27, 2009 will be removed, impounded and disposed of in accordance with law. The cost of tlus abatement will be charged against the property as a special assessment to be collected in the same way as property taaes. Noncompliance with this order and repeat violations will result in the issuance of criminal citation Issued by: Paula Seeley Badge Number: 364 Phone Number: 651-266-1916 Anneals: You may appeal this order and obtain a hearing before the City Council by complering an appeal applicarion with the Ciry Clerk before the appeal deadline noted above or seven (7) days after rhe date mailed, whichever wmes first No appeals may be filed after that date. Yov may obtain an appeal applicarion from the City Clerk's Office, Room 310, Ciry Hall, St. Paul, MN 55102. The telephone number is (651) 266-8688. You must submit a copy of this Vehicle Violation Norice with your appeal applicarion. '*WARNING Code inspec6on and enforcement trips cost the taxpayers money. If mulriple trips within a yeaz to your properiy are required to insure eompliance with the ]aw, you may be charged for the cost of inspections and enforcement trips to yow properiy. Such chazges aze in addifion to any other fines or assessments which may be levied against you and your property. Va2 p2 60159 09/08 � � w. lJ..`n CITY OF SAINT PAUL DEPAR"I'MENT OF SAFETY AND INSPECTIONS DIVISION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 SUMMARY ABATEMENT ORDER Anri115.2009 lion te Dat M ' / M Y ) 09 - 054114 Yog hais tias koj hais lus Hmoob tiriab koj tsis to taub tsab ntawv no, hu rau ws txLais lus ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necessita un iraductor, por favor llamanos al (651)266-8989. No costo. Dennis J Peabody 1751 Bush Ave St Paul MN 55106-4213 �hc�"`��p��e, b�j-��� �.(zC� �� 3�0 ���� ��'�� As owner or person(s) responsible for: 1751 BUSH AVE you are hereby ordered to eliminate all ' nuisance condifions which are in viola6on of Chapter 45 of Saint Paul Legislative Code. � Remove improperly stored or accumulated refuse including: gazbage, rubbish, discarded furniture, appliances, velucle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, tires, brush, etc., from yard areas. ( Including metal fencing, tires, wood, buckets, metal gates, re-cycling, all improper storage under tarps and in the trailers) � Other: Remove the several trailers wluch are parked on an un-proved surface in the rear yard. If you do not correct the nuisance or file an appeal before April 27, 2009, the City will correct the nuisance and chazge all costs, including boarding costs, against the properry as a special assessment to be collected in the same way as property tases. Chazees: If the City corrects the nuisance, the charges will include the cost of correction, inspection, travel liwe, equipment, eta The rate will be appro�mately $260.00 per how plus expenses for abatement. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times FAILURE TO COMPLY MAY RESULT IN A CRIMINAL CITAT�ON Zssued by: Paula Seelev Badge Number 364 Phone Number 651-266-1916 If you have any questions abouY this order, the requirements or the deadline, you should contact the Inspector listed above, Monday through Friday. Aoneals� You may appeal this order and obtain a hearing before the CiTy CommcIl by completing an appeai applicacion with the CiTy Clerk before the deadline noted above or seven (7) days after the date mailed, wbichever comes fust. No arooeals wav be filed after ttiat date._You mav obtain an aon Cosechon Order with vour anoeat awlicatlon. 'WARNING Ccde inspection and enfoccement trips cost ihe taxpayeis money. If the violadons are not colrected within the time period required in this notice, the ciTy's costs in conducring a reinspecdon after the due date for compliance vrill be collected from the ovmer rnther thap being paid by the tacpaye�s of the ciry. If additicaal new violations are discovered within ihe next following 12 months, the ciry's costs ia conductiag additionai inspecaons at tUis same locarion within such 12 moaths will be collected from fhe owuer rather than being paid by the tacpayeis of the ciTy. Any such future costs will be collected by assessment a° ina tLe real pmperty and aze m addirion to any other fines or assessmerns which may be Ievied against you and your property. Sa2 p2 60158 03l09 Excerpu from City Of Saint Paul Lea slauve Code RE: Pazlang Sec. 34.08. Eaterior propertv areas. � ��� � The owner of any premises regulated by This sectioq as specified in section 34.03, shall comply with ihe following requirements: (7) Parked or stored vehicles. All pazking spaces shall be paved wiih aspk�alt, concrete or other durable, dustless surfacing, or with crushed rock as determined by the enforcement officer. Before auy existing spaces may be paved, site plan approval must be obiained as speciSed in the Saint Paul Zoning Code and the loc must be developed in conformance vrith such approval. Sec. 60Z17. P. Parldng. The placement of automobiles, trucks, �aileis, seuuuailers, intermodal cazgo containers, or other vehicles for five (5) or fewer days. Parkingfaciliry, off-street. Al] azeas, spaces and structures designed, used, required or intended to be used for the pazldng of more than three (3) motor vefucles. Ttus definition is intended to include adequate driveways, accessways, pazking bays, gazages, of a combination thereof, but does not include public roads, streets, highways and alleys. Parking space. An azea of definite length and width designed for pazldng of motor vehicles; said azea shall be exclusive of drives, aisles or entrances giving access thereto. Sec. 61.402. Site plan review (all districts). (a) Plan to be submitted. A site pian shali be submittzd to and approved by tne planning commission befure a pern;! is issued ior grading or the erection or enlazgemeat of gross floor azea for any development except one- and two-family dwellings, but including the following: (10) All off-street parking faciliries except as noted in section 63202. Sec. 63.202. Site plan required. A site plan approved by the planning commission skiall be required for the establishment of a new off-street paridng faciliry, for the paving of an unimproved off-sReet pazldng faciliry and for the repaving of an off-street parking facility whose existing paved surface is removed. These faciliries shall meet all standards and rea lations for parking faciliries and site plans contained in this zoning code, and all paving shal] require a building permit pursuant to chapter 33 of the I,ea slarive Code. A site plan shal] not be required when a new coating is applied over an existing paved surface. Site plans for one- to four-family dwellings may be approved by the mning adminisirator. Sec. 63312. Setback. Except as otherwise provided in section 66.442(c) or section 66.431(b) off-street puking spaces shall not be within a required front or side yard and shall be a minimum of four (4) feet from any tot line. For housing on Irvine Avenue, a guest pazMng space may be provided on the driveway or elsewhere. If it is provided elsewhere, a guest pazking area is esempt from setback requirements for parking spaces and it may be paved with gravel. Sec. 63316. Paving. All pazking spaces, driveways and off-street pazking facilifies shatl be paved with asphalt or other durable, dustless surfacing or of material comparable to the adjacent street surfacing in accordance with other specifications of the zoning administrator. The parking azea shai] be paved within one (1) yeaz of the date of the permit except as provided in secrion 61.402(e). Sec. 63.501. Accessory buildings. Accessory buildings, except as othenvise provided in this code, shall be subject to the followin� reeulations: - (b) Accessory buildings, structures or uses shall not be erected in or established in a required yazd except a rear yard. Passenger vehides may be pazked in front yards providing they aze located on an approved driveway that leads to a legai pazldng space. On corner lots, accessory buiidings, structures or uses shal] be set back from the street a distance equal to that required of the principal shvcture. When an accessory building, structure or use is constructed in a reaz yazd which adjoins a side yazd or front yazd, the accessory building, structure or use shalt be set back from the interior lot line a distance equal to the minimum side yazd required of the principal shvcture. Sec. 65.910. Accessory use or accessory. A building shucture or use which is clearly incidental to, customarily found in connection with, and (except as provided in section 63.300) ]ocated on the same zoning lot as, the principat use to which it is related. V✓hen "accessory" is used in the trat, it shall have the same meaning as "accessory use." An accessory use includes, but is not ]united to, the follovring: (a) Accessory off-street pazking spaces, open or enclosed, subject to the accessory off-street pazking regulations for the district in which the zoning lot is located. Date: File #: Folder Name: PIN: April 15, 2009 09 - 054114 1751 BUSH AVE 272922440041 HP District: Property Name: Survey Info: ������ Date: File #: Folder Name: PIN: April 15, 2009 09 - 054114 1751 BUSH AVE 272922440041 FIP District: Property Name: Survey Info: v � -53 -� Date: File #: Folder Name: PIN: April 15, 2009 09 - 054114 1751 BUSH AVE 272922440041 HP District: Property Name: Survey Info: � �� 53� Date: April 15, 2009 File #: 09 - 054114 1751 BUSH AVE PIN: 272922440041 Folder Name: HP District: Property Name: Survey Info: 0�-53� Date: File #: Folder Name: PIN: April 15, 2009 09 - 054114 1751 Bi35H AVE 272922440041 HP District: Property Name: Survey Info: d�-�3� Date: File #: Folder Name: PIN: April 15, 2009 09 - 054114 1751 BUSH AVE 272922440041 HP District: Property Name: Survey Info: b�l �/->�j7 Apri130, 2009 Legislative Hearing Minutes D � 5 �� Page 10 10. Appeal ofDennis Peabody to a Summary Abatement Order and Vehicle Abatement Order for property at 1751 Bush Avenue. Dennis Peabody, appellant, appeazed. Ms. Moermond asked for a report from Inspector Seeley. Ms. Seeley stated that a complaint was received on April 9 regarding garbage/rubbish in the backyard. She inspected the property on April 15 and issued orders to remove excessive refuse and two over-sized trailers with improper storage from the yard with a compliance date of Apri127. She also issued orders to remove a vehicle which had expired tabs and was parked on an unimproved surface. She presented pictures of the property. Mr. Peabody stated that he was retired and disabled and took care of his neighbors yards by mowing and removing snow. He said that he had talked to Mary Montgomery in Zoning and since he had provided an affidavit from his neighbor indicating that he had gravel for a parking surface since 1972, he was grandfathered in and allowed to have gravel for a driveway. He said that he intended to add more gravel to the surface this summer. He presented a copy of the letter from Ms. Montgomery along with the affidavit of verification from his neighbor. He said the vehicle listed on the order was not a Ford and he also had current tabs on the vehicle. He presented a picture of the license tabs on the vehicle which were current. Ms. Seeley confirmed that the vehicle was now in compliance. She said that she had also confirmed with Mary Montgomery that Mr. Peabody was approved to park on the gravel in front of the garage doors, off the alley. She said that the trailers were over-sized and were not parked on approved surfaces and according to the code, he could not park them all over the yard. She said that one of the trailers appeared to have wheels on it which would also not be allowed. She also said that the only approved parking surface would be pavers, asphalt or concrete and would be subject to site plan review for approval. Mr. Peabody responded that he was working with Mary Montgomery on a site plan for his trailers. He said he did not have room in his garage far the stuff on the trailers that he had outside. He said the boat trailer was approximately 6 by 12 feet, did not have wheels on it, it was on concrete and was used to store two canoes, a crawdad, a row boat, and a chair for a deer stand. He did have a tarp covering it until one of the neighbors' trees fell on it and destroyed the tarp. He used another one of the trailers which was approximately 5 by 7 for hauling his lawnmowers, rototillers, snow blowers and used another trailer for recycling materials. He said that there was a trailer which he planned to cut up and dispose of sometime this summer. Ms. Moermond reviewed the summary abatement order which included the standard violation language with the addition of the following: remove metal fencing; tires; wood; buckets; metal gates; recycling; all improper starage under tarps and in the trailers, and remove several trailers which are parked on an unimproved surface in the rear yard. Mr. Peabody stated that the fencing was going to be used on an 80 acre garden plot a guy was going to let him use in Wisconsin. He said all of the fencing material would be gone within the next couple of weeks as it was too muddy to take it and put it up right now. Apri130, 2009 Legislative Hearing Minutes Page 11 b � �537 Ms. Moermond asked Ms. Seeley to explain the photographs and indicate which trailers were allowed. Ms. Seeley indicated that she had concern with the trailer with the boats on it which appeared to have wheels on it, as well as the large green box which had wood on top of it and appeared to be used for storage. She said there was also a large, red commercial vehicle which she believed was overweight and would not be allowed to be stored there. The little lawn trailers would be allowed; however, all of the excessive starage would need to be removed as there was so much stuff she could not maneuver around the backyard. She believed Mary Montgomery was scheduled to inspect the property for zoning review. Mr. Peabody asked what gave an inspector the right to come onto private property. Ms. Moermond responded that the Legfslative Code allows inspectors to go on properties to inspect. Mr. Peabody responded that he wanted the inspectors to stay out of his yard because it was a private yard. Ms. Moermond recommended granting the appeal for the Vehicle Abatement Order as it in compliance. She recommended denying the appeal on the Summary Abatement Order and granting an extension to the close of business on May 8 to bring the property into compliance.