WORKSHOP ITEM - Erik Thorvig, Community Development Director
Title
CODE ENFORCEMENT ACTIONS FOR ELDORADO STREET AND RADISSON ROAD INDUSTRIAL PROPERTIES
Background
Over the last six months, city staff has become increasingly aware of code enforcement concerns for several industrial properties near Eldorado St. and Radisson Rd. This area is generally north of Highway 10 and east of Highway 65 in the southern portion of Blaine. There are four properties in particular that have outstanding violations; these properties are 1677 Radisson Rd, 1681 Radisson Rd, 1701 Radisson Rd, and 1801 Radisson Rd. The purpose of this report is to provide information to the city council regarding proposed enforcement action.
The properties consist of older industrial buildings with outside storage. All buildings pre-date the current code requirements regarding outside storage and several have legal nonconforming status. There are two dates of concern in identifying the legal nonconforming status of uses at these properties.
In 1998, the I-2A (Heavy Industrial) zoning district was created. The primary purpose was to confine trucking uses to a more limited number of properties within the city. These four properties are zoned I-2 (Heavy Industrial), which prior to 1998, allowed for trucking uses. Any trucking use that was in place prior to the ordinance adoption, that has not discontinued use for a period of one year or more, may continue to operate to the existing extent.
The other ordinance change occurred in 1986, which was the effective date of the current zoning ordinance. At that time, outside storage became a conditional use. Outside storage occurring prior to that date has legal non-conforming status, but the area of storage or the intensity cannot be increased.
The following is specific information on each property and the proposed enforcement actions.
1677 Radisson Road
Current Use: Assorted - has recently included Tile Liquidators, Ideal Auto, and Vision Coatings. Historically has included hazardous waste storage, offices, truck service, and tire businesses.
Outside Storage: Some degree of outside storage has occurred at the property prior to the current code/CUP requirements and is considered nonconforming. Aerial photos from 1980, 1985 and 1991 show outside storage, including trucks and passenger vehicles.
Enforcement:
1. 2006 aerial photo shows a paved and striped parking/storage area. Current condition is essentially gravel. Initiate code enforcement action to pave parking lot.
2. A significant increase in the number of passenger vehicles occurred in 2011, as well as the appearance of some construction vehicles. This may indicate the start of the use of the property for automotive reduction and as a make shift contractor yard. Both of these uses do not appear to have legal nonconforming status. Initiate code enforcement action on automotive reduction and contractor yard.
3. Enforce Certificate of Occupancy requirement.
4. Enforce fire code spacing requirements for outside storage.
1681 Radisson Road
Current Use: Assorted - has recently included T&L sanitation, DCF Manufacturing, All Auto and Truck Repair.
Outside Storage: Some degree of outside storage is legal nonconforming. Various outside storage has occurred over the years, including passenger vehicles and trailers. Historically, and currently, this property has less outside storage than the properties to the east and west.
Enforcement:
1. Enforce Certificate of Occupancy requirement.
2. Enforce fire code spacing requirements for outside storage.
1701 Radisson Road
Current Use: Marine Canvas Upholstery, In Country Repair, Suburban Tent and Awning. Historic uses include truck garage, automotive, property maintenance.
Outside Storage: Some degree is legal nonconforming. Trucks have been stored outside throughout the property’s history. While truck repair has occurred most of the life of the building, the volume of trailers has greatly increased since 2008.
Enforcement:
1. Enforce Certificate of Occupancy requirement.
2. Enforce fire code spacing requirements for outside storage.
3. Initiate code enforcement on trailer storage to return to 2008 level.
1801 Radisson Road
Current Use: Trucking - Citi Cargo
Outside Storage: Current outside storage is over 150 trailers. A CUP was approved for a contractor yard in 1997. In 2006 the city sent letters initiating code enforcement action for an illegal trucking operation. An extension was granted on the notice of violation to allow the applicant to appear at a workshop to discuss the potential rezoning of the property. There is no record of the property owner being on the agenda for a workshop in the time period following the letter.
Enforcement:
1. Initiate code enforcement action to end illegal trucking and volume of outside storage. Enforcement timeline could be tied to the current lease length.
2. Work with DNR and Coon Creek Watershed to reinitiate enforcement action on illegal wetland fill.
Recommendation
Receive the report from staff and ask questions. The intent of the item isn’t to provide direction on whether to proceed with these actions, it is however to inform the city council that staff is proceeding.