Research and Unissued PermitsKennedy
S:
Graven
CIInIZTERED
Suite 470
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-93 10 fax
http://www.kennedy-graven.com
lug lu[I]�7�`�]IZi>u]
TO: Vicki Schleuning
Code Enforcement
FROM: Mary D. Tietjen
DATE: March 22, 2005
RE: Regulation of Trash and Waste Storage
You have asked for an opinion regarding the City's authority to regulate outdoor storage of trash
and waste. In particular, you have asked whether non -complying properties may continue as lawful
"non -conforming uses" or whether the City can require those properties to comply with the
requirements for trash and waste enclosures in city code section 152.150.
I. Regulation of Waste Storage
The City has had several ordinances regulating the storage of trash and waste:
A. 1975. The original ordinance regulating waste storage was adopted in 1975:
367.02 Refuse
a. In All Districts. All waste material, debris, refuse and garbage shall be kept in an
enclosed building or properly contained in a closed container designed for such purposes
and housed in a refuse enclosure or within a building. Refuse enclosures are to be
constructed in such a way that they would be at least seventy five (75) percent solid and
should have a concrete floor. The owner of vacant land shall be responsible for keeping
such land free of refuse and weeds. Existing uses shall comply with this provision
within six (6) months following enactment of this Ordinance.
B. 1994. In 1994, the ordinance was amended to read:
Section 367.02. Waste Storage, Recycling, Inoperative Vehicles, and Incinerators
MDT-258597vl
BR270.24
a. In All Districts. All waste material, litter, recycling and garbage shall be kept in an
approved area of the principal building or in an accessory structure designed and sized
for such purposes. Such accessory structure shall be located to the rear of the principal
building, shall not project more than 20 feet into the required rear -yard setback, shall not
be within 10 feet of a property line, shall be faced with the same exterior materials as the
principal building and shall have a concrete floor, epoxy finish on the interior walls, and
opaque metal doors. Design of waste storage and recycling facilities shall be subject to
approval of the Fire Chief, Environmental Health Division, Planning Director and
Recycling Coordinator. The owner of vacant land shall be responsible for keeping such
land free of litter and weeds at all times.
C. 2003.
In May 2003, section 152.150 was added to the city code to regulate trash and waste enclosures.
That section reads, in part: "All uses except single-family dwellings, two-family dwellings and
townhouses must store their trash in compliance with one of the following two options:..." Section
152.150 then provides options for indoor and outdoor trash storage and the requirements for each.
Outdoor storage requirements include compliance with Fire and Building Codes, and specific
design, construction and maintenance standards. For example, under section 152.150, an enclosure
must: 1) not be located within five feet of any interior lot line; 2) have the same setback as the
principal building from any public right-of-way; 3) have walls constructed of architectural masonry
or similar materials; 4) be compatible with the finish of the principal building. Enclosures are also
subject to minimum size requirements and other location and screening criteria.
H. Non -Conforming Uses
Both city code and state law govem non -conforming uses.
A. City Code provisions.
The city code defines "non -conformities" as "[a]ny land use, site, structure, building, lot of record,
or sign legally established prior to the effective date of this chapter or subsequent amendment to it
which would not be permitted by or is not in full compliance with the regulations of this chapter."
Section 152.008. The city code defines "use" as "[t]he purpose or activity for which a property or
structure is designed, arranged, or intended or for which it is or may be occupied or maintained."
Id. "Structure" is defined as "[a] material or combination of materials that form a construction for
use, occupancy, or ornamentation whether installed on, above, or below the surface of land or
water." Id.
City code allows existing non -conforming "land uses" to continue, as long as the use complies with
certain conditions. See Section 152.052. The city code separately regulates non -conforming
"structures" under section 152.054. With respect to trash and waste storage "structures," that
section provides:
11
All non -conforming structures which are made non -conforming by this chapter may be
discontinued in accordance with the following schedule: (1) One year from the adoption of
this chapter, all trash and waste storage structures not in compliance with City Code.
Section 152.054 (H) (1). This provision was effective December 20, 2000.
B. State statute.
State statute provides that "[alny nonconformity including the lawful use or occupation of land or
premises, existing at the time of the adoption of an additional control under this chapter, may be
continued, including through repair, replacement, restoration, maintenance, or improvement, but not
including expansion ...." Minn. Stat. § 462.357, subd. le (emphasis added).
Chapter 462 does not define the terms "nonconformity," "use," and "occupation of land or
premises." However, Minn. Stat. § 394.22, subdivision 8 (a provision in state statute that governs
county zoning) defines "nonconformity" to mean "any legal use, structure, or parcel of land already
in existence, recorded, or authorized before the adoption of official controls or amendments thereto
that would not have been permitted to become established under the terms of the official controls as
now written, if the official controls had been in effect prior to the date it was established, recorded
or authorized.")
III. Enforcement of Regulations
In July 2001, the City notified property owners with non -conforming trash enclosures that, under
section 152.054(H)(1), non -conforming enclosures must be discontinued by December 20, 2001.
A. Waste and trash storage does not qualify as a "nonconformity" under either
state law or city code.
"Nonconformity" is not defined in Minn. Stat. § 462.357, subd. le. The statute is written broadly to
allow the continuance of "arty nonconformity including the lawful use or occupation of land or
premises." However, it is unlikely that `arse or occupation of land" was intended to include
incidental activities or conduct occurring on property that are outside the scope of land use and
zoning. In other words, while section 462.357, subd. le, allows existing uses to continue after
subsequent changes in zoning controls, it does not exempt incidental activities or conduct occurring
on property from further police power regulation by the City.
Incidental activities or conduct on property, such as trash storage or parking, for example, do not
give rise to any vested rights that would allow the property owner to continue that activity as a
"non -conforming use." See Gear v. City of Phoenix, 379 P.2d 972, 974 (Ariz. 1963) (holding that a
property owner does not have an inherent or vested right in the continuation of a particular manner
of parking automobiles on his property). Although ordinances generally may not abrogate vested
property rights, all property is held subject to the valid police power. Therefore, the City may
lawfully require all property owners to comply with the new requirements for trash and waste
storage under section 152.150.
9
Also, under city code, waste and trash storage is not a land "use" that would qualify as a non-
conformity because it is not the "purpose or activity for which a property is designed." Therefore, a
property owner may not continue to store waste (or not store waste) in the manner that it did prior to
the adoption of section 152.150 on the basis that it is a non -conforming land use.
B. Pre-existing waste "structures" must be allowed to continue.
Although the storage of trash and waste is subject to regulation by the City, state law and the city's
code allow the continuance of "structures" on property that pre-exist section 152.150. Minn. Stat. §
462.357, subd. le, would require the city to allow the continuance of any nonconformity through
repair, replacement, restoration, maintenance, or improvement. The statute does not define
"nonconfomuty," but would include both "uses" and "structures." (&e § 394.22, subdivision 8
defining nonconformity to mean "structure" already in existence). Further, the city code explicitly
includes "structures" in the category of non -conforming uses. The City may prohibit expansion of a
structure under section 462.357, subd. le.
In addition, because Minn. Stat. § 462.357, subd. le, appears to apply very broadly, it will likely
preclude the City from enforcing section 152.054 (H) (1) to require the discontinuance of non-
confornung trash and waste storage structures that were constructed before section 152.150. In
other words, the city cannot require discontinuance of non -conforming structures under section
152.054 (H)(1) because state law allows those structures to continue.
Conclusion
1. Because trash and waste storage is not a land -use "nonconformity" under state law or
city code, the City may require property owners with no trash storage or non -complying
trash storage to comply with section 152.150.
2. Trash or waste "strictures" built prior to the adoption of section 152.150 are non -
conformities and may continue, but may not expand.
3. The City may require a trash or waste structure built prior to section 152.150 to remain
in compliance with the standards that were in place when the structure was built;
however, the City may not require the property owner to either discontinue the structure
or bring it into compliance with section 152.150.
4. Circumstances may vary in individual situations. Therefore, the City may have to
evaluate these on a case -by -case basis. If questions arise related to a specific
enforcement action, please let us know.
cc: Jim Thomson
n
BUILDING PERMIT
APPLICATION
CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD • NIINNESOTA 55331• (952) 474-3236
ONPLANNING AND PROTECTIVE INSPECTIONS 0(Please Print or Type)
SITE � I (�
Address: 5 b n C� 1 4 (-I ✓YLo t'f.ui g{k 3 3/
Lot: Block: Subdivision:
P.I.N.:
OWNER 11y 4 11 ry
Name: n� �A �t' R— c� Telephone: (l5 ti e% q -I -
Address: 5 �O O C'
(Street) X ��(St'o r n 11J
(City) (State) (Zip Code)
CONTRACTOR
Name: State Lic. No.: N �q q q
Address: /� a G� Telephone: (�jl�) `Z 8 1 ` 3 l ��
(Street) r In .d f-LI 54 7
DWELLING
Type: ❑ Single -Family ❑ Two -Family ❑ Multiple -Family No. of Units:
The undersigned hereby agrees in case such permit is granted that all work shall be done and all materials which shall be used
shall comply with the plan nd specific , herewith submitted and with all applicable Ordinances.
Signature of Applicant: Date:
ELIWTRONIC SI ATURES NOT ACCEPTED
APPLICATION FOR:
❑ New Construction ❑ Garage: Attached _Detached
❑ Addition
❑ Porch
❑ Remodel
❑ Deck
❑ Demolition
❑ Re -roof
❑ Finish Basement
L_
El Other: TrR3 h EkIC10SU✓C-
Estimated Value:
7.ONING
District: '
0-Conforming
Nonconforming
FOR OFFICE USE ONLY
"t7
PER?MT FEFS:
Permit Fee:
(101-32210)
'C-V
H
Plan Check Fee
(101-32215)
ZO
Subtotal:
State Surcharge
(101-20805)
Metro S.A.C.
(611=Z0820)
Sewer Permit
(611=37270)
Water Permit
(601-37170)
Water Connection
(601-37150)
Total:
Receipt No.:
Date:
SURVEYED: funs, 1990
LEGAL DESCRIPTION:
deunThat pert of Lot 25, Auditor's Subdivision Number Iyd, Hennepin County. Misstates
bW ss follows; Beginning alsu
a point in the eye line of d Lot 25, distant I so feet
nonh In
the souNeul comer thereoftes ; IhaSouthwel'unY with the east Ilnc ofaaid Lot
y Paallel with the southerly
litre ofsaid Lot 25 a distance of200 leap thence northparalle 25 the north line thereof then. eye [o the north eat comer -£said Lot 25; than. wish
to the point of beef suing, said above described parcel to be hereinafter dewrlb..t .. a"»_n
ALSO
That pan of the North HelfofSeoton JJ, Township 117 Range 27t Hennepin Court
Minnesota, which liy Nonh -£the eytuly extmuion of tro wish fuse ofsmd P , unjj.00ll ";
whieh""SouthofthecukrlYextensionofthe n�nhline-snail Parcel "A which lie'
6asI -files tut line of said Parcel °A"; and which lies Wen fsNe Westerlyy rfgghhh ofsvy
Ilse T K In Ceunry Road Number 19 a d.,.bad in HENNEPIN CpUNTy
PLAT HU�ER 5q. ROAD
SCOPE OF WORK,
1, Showing the length end dircetion of boundary ling of Iha shove legal description.
l'he scope of ounervicesdcee sat include determinin what you own, which 1s a
legal nonce Please check the legal description with your records or consult with
c-mpeknt lagel counsel, if necusery, to make suro Net It i9.rtW, and Net my mmtess
afrcco:Q such m;asamenL•, Net y.0 wsh;tawn ern the survey have beenshown.
2. Showing the loceton-Cexisting@ lmprpvemenk we d.tned itsponent. 3. Setting new monumen[e or vedtying old monumema to mule tiro comer of the property,
LIMITATIONS: Or— e7pliays surveyed the Wove dewr;bee pro99erry which Ne eliant claims N own or appears
to awn from various government words. W<make no reprcaenmion that the client does in
feel own the mpenyy nor IMt a search ofihe seconds has been made to determine the extent
end nature ofPhis hnldinygelfthero is arty doubt.nceming Ne a.urecy ofthelegaI
descripton,.mpctem legal counsel should be rcteisod to perform a title search and issue a
title-lipmits urour use inprepering the survry. Wcahow onlyy Nose easememt wntell the
suro.inurmeyof,mwhmh we be pen[- becomeaware-(through other sources. Thc
survey shows only (hose improvements which are visible and which we warmportant.
or under my dircul atin,visina eed tut
veyor under the Laws ofthe Stare of
raO i L There appears to bean encroachment on the watem side of the property by improvements
made by the neighboring property to the wat and this may be due to a eunflim In the legal
descriptions ofihe two properties. Considerable legal expense and loss ofpro"ny may be involved
In ryolving that title problem, were that to be admitted.
2. Improvements made in connection with the widening of Counly Road 19 Ile. the eaten pan of
this ProPety and it is likely that nowmelanomas and/or takings have o.urcd sin. our survey of the
P-Plegal
be furnished with a title insurance policy that dulls theinga rnrnewntdrgndi�llonhent llo for Neeneed to
1. Remitting wells will be required along me northern n of the property
'
1, This aurvy and plan is prcllmiyry and does not mediate engineering services that twill probably be
required in connection with the approval ofsouh a prolect
Nulled. dsmr showing ell utilities existing ta,
J
REVISED 0527M9I, show pmking lot sketch aM
Q�, Ydoy for preliminary reveiw by elim, aid
lib mmenul egenciy, superimposed oa aurvy from 1990.
REVISED 0522M m show cmr,, existing
e0ru illons due to Highway 19 widening_
N
a
n¢am_
t
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BUILDING PERMIT
CITY OF SHOREWOOD APPLICATION
5755 COUNTRY CLUB ROAD • SHOREWOOD • MINNESOTA 55331• (952) 474-3236
PLANNING AND PROTECTIVE INSPECTIONS
(Please Print or Type)
American LW?cvi Fbst #255
Address: 24450 Flud
Lot: Block: Subdivision: brwe%'Ood• MN 0§91
P.I.N.:
OV,TNEB American Lei P^st #259
Name: 24430 Pznkmok iicloaci Telephone: ( )
Address: 8hOn3Ytw, MN S5331
(City) (State) (Zip Code)
Name: American Legion Post #259 State Lic. No.:
�,r m Road - L
Address: Telephone: ( )
(Street)
(City) (State) (Zip Code)
DWELLING
Type: ❑ Single -Family ❑ Two -Family ❑ Multiple -Family No. of Units:
The undersigned hereby agrees in case such permit is granted that all work shall be done and all materials which shall be used
shall comply with the plans and specifications herewithsubmittedand with all applicable Ordinances.
Signature of Applicant: —�//hs/JS'- Date:
ELECTRONIC SIGNATUR , OT ACCEPTED
APPLICATION FOR:
❑ New Construction ❑ Garage: Attached _Detached
❑ Addition
❑ Porch
❑ Remodel
❑ Deck
❑ Demolition
❑ Re -roof
❑ Finish Basement
PC,
Estimated Value:
District:
❑ Conforming ❑ Nonconforming
FOR OYMCE: USE ONLY
PERMIT FEES:
Permit Fee:
(101-32210)
Plan Check Fee
(101-32215)
Subtotal,
State Surcharge
(101-20805)
Metro S.A.C.
(611-20820)
Sewer Permit
(611-37270)
Water Permit
(601-37170)
Water Connection (601-37150)
Total:
Receipt No.:
Date:
I
F
.2 p' ->
RECEIVED
JUN 13 2011 BUILDING PERMIT
CITY OFSHOREWOOD APPLICATION
I CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD • sxo EoINSPE(CTIONS
ii PLANNING AND PROTECTIVE
(Please Print or Type)
SITE 3® 5 S��e %
Address:
Block: Subdivision:
Lot: _04033
23 3
P.I.N.:
O N1SER Telephone:
/i i Li 7�o ie {71tc<i�s
Name: .1
Address:
State Lie. No.:
Name: Telephone: ( )
Address: (Street)
(State) (Zip Code)
(City)
DMMLLM ❑ Multiple -Family No. of Units:
Type:
❑ Single -Family ❑ Two -Family
The undersigned hereby agrees in case such permit is granted that all work shall be done and all materials which shall be used
h with submitted and with all applicable Ordinances.
shall comply with the plans and specifications ere
Date: L
Signature of Applicant:
ELECTRONI SIGNATURES NOT ACCEPTED
AU I ATION FOR:
❑ New Construction ❑ Garage: Attached _Detached —
❑ Addition ❑ Porch
❑ Remodel 0 Deck
❑ Demolition ❑ Re -roof / //
❑ Finish Basement XOther: T "Q sti Z" oSU
Estimated Value:
FOR OI'PiCEUSSONLY
[rorl
�
PERMIT FEES:
Co
Permit Fee:
(101-32210)
z
Plan Check Fee
(101-32 15)
O
State Surcharge
(101-20805)
Metro S.A.C.
(611-20820)
Sewer Permit
(611-37270)
Water Permit
Water Connection
(601-37170)
(601-371550
District:RON I Receipt No.:
0 Conforming 0 Nonconforming Date:
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MAY 25 20» ' BUILDING PERMIT
of SHOREf� APPLICATION
CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD • MINNESOTA 55331• (952) 474-3236
PLANNING AND PROTECTIVE INSPECTIONS
(Please Print or Type)
SITE
Address:
Lot: Block: Subdivision:
P.I.N.:
OWNS
Name:
Address.
Name:
Address:
Telephone: (���
(City) (State) (Zip Code)
State Lic. No.:
Telephone: ( )
(City) (State) (Zip Code)
DWELLING
Type: ❑ Single -Family ❑ Two -Family ❑ Multiple -Family No. of Units:
The undersigned hereby agrees in case such permit is granted that all work shall be done and all materials which shall be used
shall comply with the plans and specifications herewith submitted and with all applicable Ordinances.
Signature of Applicant:
ELECTRONIC SIGNATURES NOT ACCEPTED
APPLICATION FOR:
❑ New Construction ❑ Garage: Attached _Detached
❑ Addition ❑ Porch
❑ Remodel ❑ Deck
❑ Demolition ❑ Re -roof
❑ Finish Basement ❑ Other:
Estimated Value:
ZONING
District:
❑ Conforming
❑ Nonconforming
Date:
FOR OFFICE USE ONLY
PERMIT FEES:
Permit Fee:
(101-32210)
Plan Check Fee
(101-32215)
Subtotal:
State Surcharge
(101-20805)
Metro S.A.C.
(611-20820)
Sewer Permit
(611-37270)
Water Permit
(601-37170)
Water Connection
(601-37150)
Receipt No.:
Date:
Total:
0 . C�
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,j Payment CAi..
CITY OF SHOREWOOD OFFICIAL RECEIPT No. 50307
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331 1
Date
Received of �C-ech,c
FUND
ACCOUNT
AMOUNT
CITY OF SHOREWOOD
WHITE - To Person Making Payment CANARY - To Finance PINK - Retained by Clerk
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