Res 2015-14 Saba
RESOLUTION NO. 2015-14
A RESOLUTION AFFIRMING THE DECISION OF THE FRIDLEY APPEALS
COMMISSION TO AFFIRM THE CODE ENFORCEMENT OFFICER’S ORDER
RELATED TO 7345 CENTRAL AVENUE NE
WHEREAS,
on January 28, 2015 and January 29, 2015, the City of Fridley Appeals
Commission conducted a hearing regarding owner Steve Saba’s appeal of the abatement order of
the City Code Enforcement Division with respect to property located at 7345 Central Avenue in
Fridley, Minnesota (the “Property”);
WHEREAS,
the parties submitted exhibits, provided testimony, and provided argument through
various witnesses and staff to and before the Appeals Commission on January 28-29, 2015 and
such exhibits, testimony, and argument comprise the record of the Appeals Commission
proceedings (the “Record”);
WHEREAS,
Steve Saba appealed the Findings of Fact and decision of the Appeals Commission
to the City Council;
WHEREAS,
City staff scheduled the appeal to the City Council at its next available regular
meeting on February 9, 2015 pursuant to City Code Section 128.06;
WHEREAS,
the City Council members were provided the Record created at the January 28-29,
2015 Appeals Commission hearing;
WHEREAS,
all Council members affirmed they had had sufficient time to review said Record;
NOW, THEREFORE BE IT RESOLVED
by the City Council of the City of Fridley after
review of the Record created at the Appeals Commission hearing on January 28-29, 2015 the
City Council hereby:
1.Affirms the Findings of Fact set forth in the Appeals Commission Resolution No.
2015-01 attached hereto as Exhibit A, based upon the Record.
2.Affirms the decision of the Appeals Commission set forth in Exhibit A, based upon
the Record.
3.Authorizes City staff to abate the exterior public nuisance at the property after 20
days following adoption of this resolution.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
9 DAY OF FEBRUARY 2015.
__________________________
Scott J. Lund, Mayor
Attest:
____________________________
Debra A. Skogen, City Clerk
APPEALS COMMISSION RESOLUTION NO. 2015-01
A RESOLUTION AFFIRMING THE DECISION OF CITY CODE ENFORCEMENT
OFFICER RELATED TO 7345 CENTRAL AVENUE
WHEREAS, the City of Fridley, Minnesota (the "City"), through its Community
Development staff, including the Planning Manager and Community Development Director,
conducts routine and systematic zoning code enforcement inspections throughout the City to help
protect the health, safety, general welfare and good order of the public;
WHEREAS, Steve Saba owns property located at 7345 Central Avenue in Fridley,
Minnesota(the "Property");
WHEREAS, Steve Saba's parents acquired the Property in 1954 (Exhibit 3);
WHEREAS, the 1953 amendment to the Fridley Zoning Code lists the Property as zoned
commercial (Exhibit 2), and did not permit a junk yard use in any zoning district, except by
special use permit in the industrial zoning district(Exhibit 1);
WHEREAS, at no point in history was the Property generally located at 7345 Central
Avenue zoned industrial;
WHEREAS, at no point in history did the Property have a special use permit for a junk
yard use;
WHEREAS, there is no evidence to indicate that the zoning of the Property has ever
changed from 1953 to 2011;
WHEREAS, the historical photographs of the site conditions of the Property indicate a
prolonged use of the site as a junk yard/ scrap yard, automobile recycling business, and
appliance recycling business(Exhibits 7, 11, 33, 35, and 37)
WHEREAS, at no point in Fridley's history are the uses listed in preceding clause above
allowed in a commercial, C1S or C1 zoning district;
WHEREAS, the City Code Section 205.13.7.B does not permit exterior storage in the
front yard of the Property under any circumstances (Exhibit 47);
WHEREAS, the City Code Section 205.13.7.B allows exterior storage only in rear and
side yards of the Property but only if a special use permit has been issued for the Property
(Exhibit 47);
WHEREAS, at no point has Steve Saba or previous owners of the Property applied for
and obtained a special use permit to allow exterior storage on the Property;
Resolution No. 2015 - O1 Page 2 �
WHEREAS, the use of the Property as a junk yard/ scrap yard began sometime in 1954,
when Steve Saba's parents took ownership of the Property, when the 1953 zoning code
applied(Exhibit 3);
WHEREAS, Steve Saba testified under oath on February 19, 2010 that his father
scrapped out appliances on the property since 1954 and that he himself scrapped automobiles
on the property, starting at a young age (E�ibit 4);
WHEREAS, Steve Saba testified under oath on March 22, 2013 that his family acquired
the Property in June 1954 and began recycling washing machines, dryers, furnaces and
different metals on the Property at that time and that he himself, as a youngster, recycled
metals on the Property(Exhibit 55);
WHEREAS, code enforcement letters from the City, starting as early as 1961, indicate
that the Property was improperly being used as a junk yard or for automobile recycling
purposes (E�chibit 5);
WHEREAS, in 1961, the City began its code enforcement against the Property when it
sent a code violation letter to Steve Saba's father J.T. Saba requesting removal of old
washing machines,junk and other refuse from the Property(Exhibit 5);
WHEREAS, from 1961 to 1984, the City attempted (Exhibits 5 and 6 and 8 through 10)
to end the illegal land use of the Property and have the Property cleared of exterior storage of
junked vehicles, vehicle parts and other materials associated with the illegal use in 1984 by
issuing a citation to Arline Saba, the then owner of the Property;
WHEREAS, Steve Saba has claimed that an alleged contract with the City, dating to
1985 exists pursuant to which the City agreed to forbear or defer code enforcement against
the Property on the condition that he constructed a fence by July l, 1985 to screen exterior
storage materials and kept exterior storage materials on the Property behind the fence;
WHEREAS, City staff has reviewed City files and has found no copy of any such
contract between the City and Steve Saba with the terms set forth above;
WHEREAS, City staff has requested that the Anoka County District Court search its
files for a copy of any such contract between the City and Steve Saba with the terms set forth
above and no copies of any such contract have been located;
WHEREAS, Steve Saba has failed to produce a copy of the alleged contract between
himself and the City with the terms outlined above;
WI3EREAS, in the event any such contract with the terms outlined above exists, the
contract is void and is not binding upon the City, because City staff made an illegal contract,
as it lacked authority to grant Steve Saba a special use permit for exterior storage, as only the
City Council may grant a special use permit upon application by a property owner and notice
and hearing requirements under Minnesota law are fulfilled;
° Resolution No. 2015 - O1 Page 3
WHEREAS, there is no evidence that Steve Saba applied for and received a special use
permit to allow him to continue exterior storage, after notice and a public hearing regarding
such an application as required by law;
WHEREAS, in the event that the alleged contract described above is not void because
City staff was legally capable of making such a contract, the contract is not binding on the
City and the City is entitled to end its forbearance with respect to code enforcement action
against and abate the exterior storage on the Property because Steve Saba failed to fulfill one
of his obligations under the alleged contract, namely construction of the fence by July 1,
1985;
WHEREAS, an aerial photo from 1981 shows that a fence exists on the northern
property line separating the Property from the adjacent American Legion (Exhibit 49);
WI3EREAS, an aerial photo from April 1985 shows that the exterior storage on the
Property is not fully enclosed and screened by a fence and that the fence on the north edge of
the Property belongs to the American Legion(Exhibit 50);
WHEREAS, the fence visible in the April 1985 aerial photo of the Property and belongs
to and was constructed by the American Legion rather than by Steve Saba(Exhibit 51);
WHEREAS, in the event that the alleged contract described above is not void because
City staff was legally capable of making such a contract, the contract is not binding on the
City and City is entitled to end its forbearance with respect to code enforcement against the
Property and abate the exterior storage on the Property because Steve Saba has repeatedly
failed to fulfill another of his obligations under the alleged contract, namely keeping all
exterior storage materials behind the fence;
WHEREAS, an aerial photo from May 1989, more than four years later, and an aerial
photo from 1993 show that the exterior storage on the Property is still not completely
screened and enclosed by a fence (Exhibits 52 and 53);
WHEREAS, City staff sent numerous noncompliance letters from 1986 through 2008
and pursued enforcement action against the Property due to Steve Saba's failure to keep all
exterior storage materials behind the fence he eventually constructed on the Property, years
after any reasonable deadline to construct any such fence in any alleged contract had long
since lapsed(Exhibits 12 - 19, 21 —28, 30 - 31, 34, 36);
WHEREAS, subsequent to 1985, the City continued to attempt to get Steve Saba to
discontinue the junk yard/ scrap yard use and clean up the property through code
enforcement notices until 1989 when the City issued another citation in Anoka County Court
(Exhibit 20);
Resolution No. 2015 - Ol Page 4 �
WHEREAS, the City dismissed the 1989 citation because Mr. Saba had finally complied
with City staff directives at that time(Exhibit 20);
WHEREAS, from 1990 to 1998, City staff sent several noncompliance letters to Arline Saba
and Steve Saba, advising them of outside storage and nonconforming use violations under
City Code and again City staff provided lengthy extensions to correct conditions on the
Property(E�ibits 21 —28);
WHEREAS, in 1998, the City issued Arline Saba, owner of the Property at the time
three City Code violation citations. Those violations were: zoning violation,
inoperable/improperly parked vehicles, and exterior storage(Exhibit 29);
WHEREAS, the 1998 citations resulted in a plea agreement that required payment of a
fine and probation(Exhibit 30);
WHEREAS, following the 1998 citation to 2008, because the exterior storage conditions
on the Property violated the City Code, City staff again sent several noncompliance letters to
both Arline Saba and Steve Saba advising them of the necessity to correct the code violations
(E�ibit 31, 34, 36);
WHEREAS, City staff continued to monitor the Property and, in 2008, due to massive
amounts of outside storage on the Property, City staff issued a Notice of Abatement to Steve
Saba(Exhibit 36);
WHEREAS, City staff provided Steve Saba with extensions with the understanding that
the entire Property would be cleaned up and exterior storage eliminated by August 1, 2008
(E�ibits 36);
WHEREAS, over the period of 1977 to 2008, City code enforcement staff has taken
photos of the Property and these photos depict the metal scrapping operation, the presence of
old automobiles, automobile parts, including but not limited to fenders and axels, the exterior
storage of trailers, earth moving equipment, wood piles, lumber, pallets, tires, barrels and
drums (Exhibits 7, 11, 33, 35 and 37);
WHEREAS, in October 2008, when Steve Saba had failed to entirely clean up the
Property and eliminate outdoor storage on the Property, the City issued a citation to him for
improper outside storage and illegal land use on the Property(Exhibit 46);
WHEREAS, Steve Saba was found not guilty on February 19, 2010 by jury trial in
Anoka County Court of improper outside storage and illegal land use at 7345 Central Avenue
charges on the offense date of October 13, 2008 (Exhibit 46);
WHEREAS, subsequent to Steve Saba's jury trial acquittal, exterior storage conditions
on the Property continued and due to the likelihood that a citation would not resolve the
conditions on the Property in a timely fashion, the City sent a Notice of Abatement to Steve
Saba notifying him that the Property was in violation of Fridley Zoning Code because there
' Resolution No. 2015 - O1 Page 5
was improper outside storage and illegal land use occurring on the Property and City staff's
issuance of a Notice of Abatement to Steve Saba was justified(Exhibits 38 and 40);
WHEREAS, City staff provided Steve Saba with reasonable extensions to correct the
code violations on the Property enumerated in the July 2011 Notice of Abatement as the
City's and Mr. Saba's attorneys discussed the legal authority for the City to proceed with the
abatement(Exhibits 39-42, 44);
WHEREAS, City staff took photos of the Property on November 16, 2011, and the
photos depict extensive exterior storage of vehicles, trailers, cinderblock, and various metal
objects (Exhibit 43);
WHEREAS, due to the delay associated with the parties' attorneys' discussions, City
staff sent Mr. Saba a subsequent Notice of Abatement, dated November 4, 2011, which
provided him with the options of immediately eliminating the code violations on the
Property, contacting City staff to work out a time schedule agreeable to the City for
elimination of the code violations or appealing(Exhibit 42);
WHEREAS, Mr. Saba appealed the Notice of Abatement to the City Community
Development Director on November 22, 2011 (Exhibit 45);
WHEREAS, City staff accommodated Mr. Saba's request for an appeal hearing to the
Appeals Commission by scheduling a public hearing for January 4, 2012;
WHEREAS, on January 4, 2012, hours before the Appeals Commission hearing, the
Steve Saba sued the City, City Planning Manager Julie Jones and City Community Development
Director Scott Hickok, and served them each with a Complaint, alleging that he was legally
entitled to conduct his scrap metal business on the Property and therefore the City was legally
prevented from enforcing its City Code provisions through the abatement process;
WHEREAS, by mutual agreement, the City and the Owner continued the Appeals
Commission hearing to a date after a district court's issuance of an unappealed final judgment
(Exhibit 54);
WHEREAS, on July 21, 2014, the Honorable Alan Pendleton issued an order, dismissing
the Owner's Complaint without prejudice on the grounds that he had not exhausted his
administrative remedies by pursuing the appeal before the Appeals Commission;
WHEREAS, Steve Saba and the City ultimately rescheduled the Owner's appeal before
the Appeals Commission for October 1, 2014;
WHEREAS, Karen Marty, Steve Saba's attorney requested a delay of the October l,
2014 hearing before the Fridley Appeals Commission to January 7, 2015 due to the late hour,
and the City agreed to the hearing delay; and
Resolution No. 2015 - O1 Page 6 `
WHEREAS, City staff is following standard policy and procedures in completing an
abatement of materials associated with nonconforming uses and stored outside a building at
the Property;
WHEREAS, Steve Saba is in violation of the City Code for illegal land use because
operating a junk yard/scrap yard on the Property is prohibited;
WHEREAS, Steve Saba is in violation of the City Code because exterior storage of
materials exists on the Property and there is no SUP for exterior storage of materials on the
Property;
WHEREAS, under the authority of the City Code to abate exterior storage of materials
and equipment because they constitute public nuisances, any material stored outside a building
related to a use that is not listed as a permitted use in the zoning code on the Property may be
removed by the City through its abatement powers contained in the City Code and City Charter
subject to the property owner's right of appeal, pursuant to Fridley City Code Section 128.06(2);
WHEREAS, any material stored outside a building related to a use that is not listed as a
permitted use in the zoning code at the date such use was initiated on the Property shall be
removed by the City in the abatement.
NOW, THEREFORE BE IT RESOLVED by the Appeals Commission of the City of Fridley
after listening to all of the facts presented hereby makes the following FINDINGS OF FACT:
1. That each and all of the preceding statements are true and correct and are
incorporated herein as part of the findings of fact and record of these proceedings.
2. That each and all of the exhibits presented by both parties to the Appeals Commission
are incorporated herein as a part of the record of these proceedings.
3. That Fridley City Code Section 205.13.A.1 enumerates the permitted uses for
property, including the Property, and states:
1. USES PERMITTED
A. Principal Uses.
The following are principal uses in C-1 Districts:
(1) Art Shops
(2) Professional Studios
(3) Convenience stores, grocery stores and services,
including laundry, dry cleaning, barber shops, beauty
shops, shoe repair, tailoring, locksmith, and other small
J
' Resolution No. 2015 - Ol Page 7
repair shops related to retail service and catering to
neighborhood patronage.
(4) Retail services, including jewelry, hardware, sporting
goods, records and music, variety and notions, drug,
appliance and clothing shops and flower shops.
(5) Professional office facilities including real estate, lawyer,
architectural, engineering, financial insurance and other
similar office uses.
(6) Health care services including medical, dental, optometrist,
chiropractic and counseling clinics.
(7) Class I Restaurants.
4. That Fridley City Code Section 205.13.A.2 enumerates the permitted uses for
property, including the Property, and states:
2. USES EXCLUDED
Any use allowed or excluded in any other district unless specifically
allowed under Uses Permitted of this district are excluded in C-1 Districts,
including, but not limited to: pawn shops, pawn brokers as regulated by
Chapter 31 of the Fridley City Code, and secondhand goods dealers as
defined in Minnesota State Statute 471.925.
5. That a junk yard/scrap yard is not included in enumerated in the list of permitted uses
in City Code Section 205.13.A and are thereby prohibited uses.
6. That Steve Saba has operated a junk yard/scrap yard on the Property, which
constitutes an illegal land use, as a junk yard/scrap yard is prohibited under Fridley
City Code Sections 205.13.A.1 and 205.13.A.2.
7. That junk yard and scrap yard have never been permitted on the Property under any
version of the City Code.
8. That Steve Saba's use of the Property for recycling, outside storage, and junk yard is
an illegal use.
9. That Steve Saba's use of the Property for recycling, outside storage, and junk yard is
not a legal non-conforming use.
Resolution No. 2015 - O1 Page 8
10. That Fridley City Code Section 205.13.7.B requires a special use permit for the
exterior storage of materials and states:
B. Exterior Storage.
(1) Nothing shall be stored in the required front yard.
(2) All materials and commercial equipment shall be kept in a building or shall
be fully screened, so as not to be visible from any public right-of-way or
adjoining property of a different district.
(3) The city shall require a Special Use Permit for any exterior storage of
materials.
11. That Steve Saba stores vehicles, trailers, scrap metal, cinder blocks and other various
and innumerable items of personal property on the Property, in the front, side and
back yard of the Property, without a Special Use Permit in violation Fridley City
Code Section 205.13.7.B.
12. That the pervasive storage of the vehicles, trailers, scrap metal, cinder blocks and
other various and innumerable items of personal property constitutes an exterior
public nuisance.
13. That, pursuant to, Fridley City Code Chapter 128, the City may abate exterior public
nuisances through the removal of private property.
BE IT FURTHER RESOLVED THAT based on these findings, the Appeals Commission of
the City of Fridley hereby affirms the abatement order of the City Planning Manager for the
Property and the removal of all exterior storage on the Property, including that behind the fence
on the Property, as it constitutes illegal exterior storage and the Property is not a legal non-
conforming use.
PASSED AND ADOPTED BY THE APPEALS COMMISSION OF THE CITY OF FRIDLEY
THIS 29TH DAY OF JANUARY 2015.
.
Brad ielaff, Chair
Attest:
Debra Skogen, City Clerk