6 Request to Commence Demolition of Buildings, Seminary Property
CITY OF
CHAN HAS SEN
)0 City Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 6]2.937. ]900
General Fax 6]2.937.5739
Engineering Fax 6]2.937.9]52
)ublic Safety Fax 6]2.934.2524
Web wW1IJ.ci.chanhassen.mn.us
to
MEMORANDUM
TO:
Mayor and City Council
Don Ashworth, City Manager
FROM:
Steve A. Kirchman, Building Official
A-.C(.}(.
DATE:
April 7, 1998
SUBJECT:
Assumption Seminary buildings demolition
1350 Flying Cloud Dr.
Backeround:
The current owner, Emerald Properties, purchased the property in November, 1996. There are
no City utilities to the site. It is zoned A2.
The seminary building was extensively damaged by a fire on November 9, 1997. A letter was
sent to the property owner on November 25, 1997 requiring the demolition of the seminary
building, the two houses on the property, the underground structure on the east end of the
property and the barn on the south side of Flying Cloud Dr. A demolition permit was issued on
January 9, 1998 for the barn and associated buildings, and on January 23, 1998 for the
seminary building. Final inspections for the two demolition permits have been approved.
Analvsis:
Another letter was sent to the owner on March 10, 1998 again requiring the demolition of the
remaining structures referenced in the November 25, 1997 letter as well as one additional
building. The time allotted to apply for a demolition permit expired on March 27, 1998.
Chanhassen City Code, Section 13-4 requires the failure of the written orders to be reported to
the Council for their action.
Staff continues to recommend demolition of the structures listed in the March 10, 1998 letter to
Emerald Properties for the following reasons:
1. Neither house has a functioning septic system. The septic system for each dwelling has
been determined to be failing. The systems are located 15'-20' south of the seminary fen
which includes a DNR protected trout stream. One septic system discharged directly into
the stream The other discharged from the house into a rusted fuel oil tank and then to
saturated soil. The point of discharge from the tank was about 20' south of the creek..
2. Both dwellings are vacant. One house was vacated in February, 1996, the other in April,
1997.
3. The large dwelling has been extensively vandalized. Vandals have circumvented all of the
owners attempts to secure the building. Fires have been started in the buildings, windows
have all been broken, walls have been spray painted, and the interiors have been
extensively damaged.
7Je City of Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiftl parks. A great place to live, work, and play
Mayor and City Council
1350 Flying Cloud Drive demolition
April 7, 1998
Page 2
4. All four structures included in my March 10, 1998 demolition order are hazardous
buildings. Minnesota Statutes define a hazardous building as, "any building or property,
which because of inadequate maintenance, dilapidation, physical damage, unsanitary
condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.
5. Previous tenants and/or owners made extensive alterations to both dwellings without
permits. These alterations include installation of an HV AC system, installation of electrical
services, structural alterations and alterations to the plumbing. None of this work meets
code and all the observed work represents serious life and health hazards.
6. The current owners have made no attempts to rehabilitate any of the structures.
<;'~..""
Recommendations:
Staff recommends the Council adopt a resolution with the following conditions:
I. The owper of the subject property is directed to obtain for a demolition permit by April 27,
1998 for the buildings and structures marked A, B, C, and D on the attached site plan.
Building E on the Site Plan does not need to be demolished.
2. The owner is directed to demolish the buildings and structures marked A, B, C, and D on
the Site Plan, and complete site restoration by June I, 1998
3. If the owner of the subject property fails to timely obtain a demolition permit or complete
demolition and site restoration, the City Building Official is directed to commence abatement
procedures under Minn. Stat. 463.15 et seq.
attachments: Area map
Site plan
March 10, 1998 letter to Emerald Properties
Chanhassen City Code, Chapter 13, Article I
Pictures
Resolution Ordering Demolition and Site Restoration of Hazardous Building
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1117.
CITY OF
CHANHASSEN
) Ci 9' Center Drit'c, PO Box 147
'j"znlwsen, Minnesota 55317
Pholle 612.937.1900
GCllfra! Fax 612.937.5739
19ineering Fax 612.937.9152
Ni, Safi0! Fax 612,934.2524
:'eb U'U'U'.cj,chanhassCIl,lnn,lfS
March 10, 1998
CERTIFIED MAIL
Emerald Properties
Mr. Samuel Wetterlin
6609 Dakota Trail
Edina, MN 55439
Re: 1350 Flying Cloud Drive building demolition
Dear Mr. Wetterlin:
You recall from my November 25, 1997 letter that the two single family dwellings and the underground
structure to the east of the easterly dwelling were included as structures deemed to be nuisances and were
required to be demolished. They were not included in the demolition permits issued for the property in
order to expedite demolition of the other structures.
The two single family dwellings, the structure to the west of the easterly dwelling and the
underground structure to the east of the easterly dwelling, are deemed to be nuisances under the
provisions of the Chanhassen City Code, Chapter 13-2(b)(2) and 13-4 (enclosed). The referenced
buildings are in such a hazardous condition as to endanger the safety of the public. You are
required to abate such public nuisances by removal of the referenced buildings. You must obtain a
demolition permit from the City and begin demolition with 14 days of the receipt of this notice.
Requirements for a demolition permit will be similar to the previous permit. Permit review and approval
may take up to a week after the correct submittal of all required information, so you should plan
accordingly.
Failure to abate the nuisance as prescribed will be reported to City Council for their review. You will be
notified of the date and time of the review and may speak on your behalf.
Please call me at 937 1900 extension 139 if you have any questions. I am also available to meet at City
Hall or on the site if necessary.
Sincerely, I
~C3.\~
Steve A. Kirchman
Building Official
pc: Scott Harr, Public Safety Director
Roger Knutson, City Attorney
Inspection Division file, ID96-002
Building file, 1350 Flying Cloud Dr.
enclosure:
CCC Chapter 13, Article I
G ".safetY\s;1k\wetIlin~
. City ofClli/1/hassm. A growing 'D'IlIn/mit)' ;;::h ..,..../1/ !Ilkes, q:i.ilin ....I,oo!s, II channing dou'ntou'll, thritling businesses, and beautifu! parks, A great pL1((' to !il't'. wor;,., IInd p!d;
Chapter 13
NUISANCES.
Art. I. In General, ~~ 13.1-13.20
Art. II. Junked or Abandoned Vehicles, ~~ 13.21-13.23
Art. III. Weeds and Grass, ~~ 13.24-13.26
Art. IV. Control and Prevention of Diseased Trees, ~~ 13-27-13.37
ARTICLE I. IN GENERAL
Sec. 13.1. Definition.
.;
In this article "nuisance" means a thing, act or use of property that:
(1) Annoys, injures or endangers the health, safety, comfort or repose of the public;
(2) Offends public decency;
(3) Unlawfully interference with the use of or obstructs, or tends to obstruct or render
dangerous for passage a lake, stream, navigable river or public water, park, square,
sidewalk, street, alley or highway;
(4) Depreciates the value of the property of the inhabitants of the city;
(5) In any manner renders the inhabitants of the city insecure in life or in use of property.
(Ord. No. 22, ~ 1, 2-5-68)
Sec. 13.2. lllustrative enumeration.
(a) The following are nuisances affecting health, safety, comfort or repose:
(1) Accumulations of manure, rubbish, garbage, tin cans, bottles, junk, debris or other
waste which are kept so as to result in offensive odors or unsightly conditions to the
discomfort and annoyance of adjacent property owners or the public;
(2) Garbage cans and privy vaults which are not fly-tight;
(3) Dumping the contents of any cesspool, septic tank, privy vault or garbage can except
at places authorized by law;
(4) All noxious weeds, tall grasses, and other rank growths;
(5) rhe throwing, dumping or depositing of any dead animals, manure, garbage, waste,
decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other ma-
terial of any kind on private or public property;
*Cross reference-Special assessments for nuisance abatement, ~ 2-31.
State law reference-Authority of city to regulate, prevent and abate nuisances, M.s. ~
412.221, subd. 23.
Supp. No.7
723
~ 13-2
CHANHASSEN CITY CODE
(6) Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in unreason-
able quantities;
(7) Offensive trade and business as defined by statute or ordinance not licensed as pro-
vided by law;
(8) All public exposure of persons having a contagious disease;
(9) The distribution of samples of medicines or drugs unless such samples are placed in
the hands of an adult person;
(10) All decayed, unwholesome, or contaminated food offered for sale to the public;
(11) Carcasses of animals not buried or destroyed within twenty-four (24) hours after
death;
(12) The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals or
fowl so as to result in offense odors or disagreeable noises to the discomfort of adjacent
property owners, and allowing any animal or fowl to run at large; "at large" means
off the premises of the owner and not under restraint, and "owner" means any person
who shall own, harbor, keep or have custody of an animal, or the parents or guardians
of a person under eighteen (18) years of age who shall own, harbor, keep or have
custody of an animal.
Cross reference-Other animal nuisances, ~ 5-20.
(13) Placing paper, litter or debris on public or private property, or throwing paper, litter
or debris from motor vehicles;
(14) Causing or permitting any unnecessary noises or annoying vibrations.
(15) The pollution of any public well, stream, river, lake or body of water by sewage,
creamery, or industrial wastes.
(16) Breeding sites of the Aedes Triseriatus (tree hole mosquito) including but not limited
to: the basal holes of hardwood trees, unused tires (not mounted on wheels), pots, pans,
cans, pails, bottles and other containers left outdoors in which water or debris may
accumulate;
(17) All other acts, omissions, occupations and uses of property which are a menace to the
health of the inhabitants of the city or a considerable number thereof.
(b) The following are nuisances affecting public morals and decency:
(1) Any -:ehicle used for the illegal transportation of intoxicating liquor;
(c) The following are nuisances affecting public peace and safety;
(1) All snow and ice not removed from public sidewalks within twelve (12) hours after the
snow and ice has ceased to be deposited thereon;
(2) All buildings, walls and other structures which have been damaged by fire, decay or
otherwise to an extent exceeding one-half of their original value, or which are in such
a hazardous condition or so situated as to endanger the safety of the public;
'*-
724
Supp. No.7
NUISANCES
,.
~ 13-2
(3) All explosives, inflammable liquids and other dangerous substances or materials
stored or accumulated in any manner or in any amount other than that provided
by law or ordinance;
(4) All USe, possession or display of fireworks except as provided by law or ordinance;
(5) All bUildings and structures, and all alterations thereof made, erected or altered
in violation of ordinances concerning the manner of construction and the materi-
als used therein;
(6) Obstructions and excavations affecting the use of public streets, alleys, side-
walks or public grounds, except under such conditions as are provided by ordi-
nance; and any other excavation left unprotected, uncovered or allowed to exist
in such manner as to attract children or to constitute a hazard to the public;
(7) The piling, storing or keeping of old machinery, wrecked or junked vehicles, or
other junk or debris upon open spaces; "junked vehicle" means a vehicle that is
not registered and which does not possess a current state automobile license, but
the license is not to be the sole factor determining the. status of the vehicle;
(8) Obstructing traffic and the free use of public streets or sidewalks;
(9) All hanging signs, awnings and other similar structures over public streets or
sidewalks, or so situated as to endanger public safety, not constructed and
maintained as provided by law or ordinance, or without proper permit;
(10) Permitting rain, water, ice or snow to fall from any building on any public street
or sidewalk or to flow across any public sidewallk;
(1) All dangerous unguarded machinery, equipment or other property in any public
place, or so situated or operated on private property as to attract minor children;
(2) Placing entrance culverts, or doing any act which may alter or affect the drain-
age of public streets or alleys or the surface or grade of public streets, alleys or
sidewalks without proper permit;
(3) Making repairs to motor vehicles, or tires in public streets or alleys. excepting
only emergency repairs which will not unduly impede or interfere with traffic;
(4) Throwing, placing, depositing, or burning leaves, trash, lawn Clippings, weeds,
grass, or other material in the streets, alleys or gutters;
(5) Erecting, painting or placing of unauthorized traffic signs or advertising signs in
streets, or alleys or on sidewalks;
(6) All trees, hedges, billboards or other obstructions which prevent a clear view of
traffic approaching an intersection in sufficient time to bring a motor vehicle
driven at a reasonable speed to a stop before the intersection is reached;
(7) Any dog which shall kill, wound or harass any other domestic animal;
Supp. No.4
...
72'5
~ 13-2
cHANHASSEN CI}Y CODE
(18) Any dog which habitually barks in such manner as to disturb the peace;
(19) Any dog which harasses, chases or molests horses, motor vehicles or persons;
(20) To leave any unused ice box, refrigerator, cooler or other box with a door thereon
which will exclude air when shut;
(21) All other conditions, acts, or things which are liable to cause injury to the person
or property.
(22) General prohibition. No person shall make or cause to be made any distinctly and
loudly audible noise that unreasonably annoys, disturbs, injures, or endangers
the comfort, repose, health, peace, safety or welfare of any person or precludes
their enjoyment of property or affects their property's value. This general prohi-
bition is not limited by the specific restrictions of the following subdivisions:
a. Partidpation in noisy parties or gatherings. No person shall participate in
any party or other gathering of people giving rise to noise, disturbing the
peace, quiet, or repose of another person. When a law enforcement officer
determines that a gathering is creating such a noise disturbance, the officer
may order all persons present, other than the owner or tenant of the premises
where the disturbance is occurring, to disperse immediately. No person shall
refuse to leave after being ordered by a law enforcement officer to do so.
Every owner or tenant of such premises who has knowledge of the distur-
bance shall make every reasonable effort to see that the disturbance is stopped.
b. Permit necessary for loudspeakers and similar devices. No person shall use or
operate, or cause or allow to be used or operated, in any public street or place,
or from any aircraft, or in front of or outside of any public or private building,
place or premises, or in or through any window, doorway or opening of such
buildings, place or premises, abutting on or adjacent to any public street or
place, any device, apparatus or instrument for the amplification of the human
voice or any other sound or noise, or any other sound-making or sound-
reproducing devices, without a written permit from the city. Application for
such permit shall be made to the public. safety director on forms to be pro-
vided by the city. The application shall require, among other information,
the hours and location of the proposed use. If the proposed use complies with
the provisions of this article and other applicable ordinances of the city, the
permit shall be granted. The fee for such permit is set at ten dollars ($10.00).
c. Impermissible animal noise. No person owning, operating, having charge of,
or occupying, any building or premise shall keep or allow to be kept, any
animal which shall, by any noise, unreasonably disturb the peace and quiet
of any person in the vicinity.
The phrase "unreasonably disturb the peace and quiet" shall include, but is
.. not limited to, the creation of any noise by any animal which can be heard by
any person, including a law enforcement officer or animal control officer,
Supp. No.4
726
NUISANCES
,-
~ 13-3
from a location outside of the building or premises where tbe enimal is being
kept and which animal noise OCcurs repeatedly OVer at least a five-minute
period of tUne with one Jainute or less lapse of time between each animal
noise during the five-minute period.
(23) Hourly restrictions on certain operations.
a. Recreational vehicles. No person shall, between the hours of 9,00 p.m. and
7,00 a.m., drive or operate any minibike, all terrain vehicle, snowmobile, or
other recreational vehicle not licensed for travel on public highways. This
subsection (23)(a) does not apply to snowmobiles lawfully using roadways or
authorized trails.
b. Refuse Mullng. No perSOn shall COllect or remove garbage or refuse in any
residential district except between the hours of 6,30 a.m. and 6,00 p.m. on
any weekday or during these same hours to accommodate recognized ria-
tional holidays or a special pickup.
c. CoTUltructi<Jn. maintenance and repair activities. No person shall engage in or
permit construction, maintenance or repair activities creating noise, in.
cluding, bnt not limited to, the use of any kind of electric, diesel, pneumatic,
or gas-powered machine or other power equipment except between the hours
of 7,00 a.m. and 9,00 p.m. on any weekday or between the hours of 9,00 a.m.
and 9,00 P.m. on Saturday, and no such activity is permitted on Sundays or
on the following pnblic holidays, New Years Day, Memorial Day, Indepen.
dence Day, Labor Day, Thanksgiving Day and Christmas Day. Residential
construction, repairs or maintenance, including lawn maintenance, con-
ducted by the homeowner or OCCUpant shall be permitted between the hours
of 8,00 a.m. and 9,00 p.m. on Sundays and public holidays. The use of elec.
Ironic insect deterrents (aka, "bug .appers") is limited to use between the
hours of 9,00 a.m. and 9,00 p.m. dUring the seven 17) weekdays. Residential
snow removal is not limited by this section.
d. Violation of this subsection is a misdemeanor.
lOrd. No. 22, ~~ 2-5, 2-5-68; Ord. No. 22A, ~ 1, 10-8-79; Ord. No. 22B, ~~ 1,2,4-15-85; Ord. No.
159, ~ 1, 2, 11-18-91)
Sec. 13-3. Enforcement.
It shall be the duty of the city manager to enforce the Provisions of this article, and the
counci] may delegate to other officers or agencies of the city POwer to enforce particular
provisions ofthis artkle, including the POwer to inspect private premises. The officers charged
with enforcement ofthis article shall take all reasonable precautions to prevent the commis_
sion and maintenance of nuisances.
(Ord. No. 22, ~ 6, 2-5-68)
~
Supp. No.4
727
~ 13-4
CHANHASSEN CITY CODE
"
'*' Sec. 13-4. Abatement.
(a) Whenever, in the judgment of the officer charged with enforcement of this article, it is
determined that a nuisance is being maintained or exists with the city, such officer shall
notify in writing the person committing or maintaining such public nuisance and require him
to terminate and abate said nuisance and to remove such conditions or remedy such defects.
(b) The written notice shall be served on the person committing or maintaining said
nuisance in person or by certified mail. IT the premises are not occupied and the address of the
owner is unknown, service on the owner m~y be had by posting a copy of the notice on the
premises. The notice shall require the owner or occupant of such premises, or both, to take
reasonable steps within a reasonable time to abate and remove the nuisance, the steps and
time to be designated in said notice, but the maximum time for the removal of the nuisance
after service of the notice shall not in any event exceed thirty (30) days. Service of notice may
be proved by filing an affidavit of service in the office of the city clerk setting forth the manner
and time of service of said notice.
(c) When an order so given is not complied with, such fact shall be reported forthwith to
the council for such action as may be deemed advisable to abate and enjoin the further
continuation of the nuisance.
(d) IT after service of the notice, the person served fails to abate the nuisance or make the
necessary repairs, alterations, or changes in accordance with the direction of the council, the
council may cause such nuisance to be abated at the expense of the city and recover such
expenditure, by civil action against the person or persons served. IT service has been had upon
the owner or occupant, the council may order the city clerk to extend such sum, as a special
assessment against the property upon which the nuisance existed and to certify the same to
the county auditor for collection.
(Ord. No. 22, U 7, 8, 2-5-68)
Sec. 13-5. Violations.
Any person who shall cause or create a nuisance, or permit any nuisance to be created or
to remain upon any premises owned or occupied by him, and any person who shall fail to
comply with any order made under the provisions of this article shall be guilty of a misdemeanor.
(Ord. No. 22, ~ 9,2-5-68; Ord. No. 22-A, ~ 2, 10-8-79)
Sees. 13-6-13-20. Reserved.
ARTICLE II. JUNKED OR ABANDONED VEHICLES.
Sec. 13-21. Definitions.
The following words, terms and phrases, when used in this ~icle, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
..,
.Cross reference-Motor vehicles and traffic, Ch. 12.
State law reference-Abandoned motor vehicles, M.S. ~ 168B.01 et seq.
Supp. No. "
728
# 1 underground structure east of east dwelling
#2 east (side) of east dwelling and underground structure
#3 east (side) of east dwelling
#4 south (front) of east dwelling
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#5 west (side) of east dwelling
#6 outbuilding west of east dwelling
#7 east (side) of west dwelling
#8 south (front) of west dwelling
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#9 south (front) of building to remain
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#10 south (front) of west dwelling
#11 south (front) of west dwelling
#12 south (front) of west dwelling
04/07/98 TUB 15:44 FAX 612 452 5550
CAMPBELL
f4J 002
CITY OF CHANHASSEN
CARVER. AND HENNEPIN COUNTIES, MINNESOTA
Date
R.esolution
Motion By
Seconded By
RESOLUTION ORDERING DEMOLITION AND SITE
RESTORATION OF HAZARDOUS BUlLDING
WHEREAS, the City has received a report from the City Building Official that
certain buildings and structures at 1350 Flying Cloud Drive ("subject property") are
hazardous and constitute a nuisance as that term is defined in the City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen:
1. The owner of the subject prQperty is directed to obtain a demolition permit
by April 27, 1998, for the buildings and structures marked A, B, C, and
D On the attached Site Plan. Building B On the Site Plan does not need to
be demolished.
2. The owner is directed to demolish the buildings and structures marked A,
B, C, and D on the Site Plan, and complete site restoration by June 1,
1998.
3. If the Owner of the subject property fails to timely obtain a demolition
permit or complete demolition and site restoration, the City Building
Official is directed to commence abatement procedures under Minn. Stat.
fi 463.15 a ~.
ADOPTED this
City of Chanhassen.
day of
, 1998, by the City Council of the
A1TEST:
Don Ashworth, ClerklManager
Nancy K. Mancino, Mayor
61114.03
RNK:r04/07/8B