HomeMy WebLinkAbout07-129 - ADMIN Resolution - City Council - 2007/11/05RESOLUTION NO. 07-129
RESOLUTION ACCEPTING THE
FINDINGS AND DECISION
WHEREAS, the City Council reviewed information in regard to the suspension of rental
housing licenses for 2621 Xylon Ave South, 8300 Virginia Circle North and 2500 Quebec Ave
South (Michael Zurbrigen — Owner), and
WHEREAS, on October 15, 2007, the Council conducted hearing regarding this matter.
NOW THEREFORE LET IT BE RESOLVED, that the City Council of the City of
St ouis Park hereby adopts the attached Findings and Decision on the above matter.
Re
e
for Administration
City Man::' er
Attest:
Adopted by the City Council November 5, 2007
Ma r
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
In re Suspension of Rental Housing
Licenses for 2621 Xylon Avenue
South, 8300 Virginia Circle North
and 2500 Quebec Avenue South
(Michael Zurbrigen — Owner)
FINDINGS AND DECISION
The above matter came on for hearing before the St. Louis Park City Council on October
15, 2007. Michael Zurbngen, the owner and licensee of the three properties appeared at the
hearing and made an oral presentation. Mr. Zurbrigen also submitted a booklet of materials
captioned "Appeal of License(s) Suspension for Violation of City Code 8-188."
Having carefully considered the oral and written submission by Mr. Zurbrigen together
with all the files and proceedings herein, the Council makes the following
FINDINGS OF FACT
1. Mr. Zurbrigen is the owner of the following non -owner occupied dwellings
located in St. Louis Park:
Address License No.
2621 Xylon Avenue South 12335
8300 Virginia Circle North 12336
2500 Quebec Avenue South 12337
2. The non -owner occupied dwellings are licensed by the City pursuant to City Code
§8-326.
3. City Code § 8-188(a) require that the real estate taxes levied against a licensed
premises be kept current, and provides for the suspension of any license until the taxes are paid.
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4. The following real estate taxes, including penalty and interest through October 31,
2007, have not been paid:
Address Payable 2006 Payable 2007
2621 Xylon Avenue South $2,959.03 $3,944.57
8300 Virginia Circle North $3,839.13 $3,820.21
2500 Quebec Avenue South -0- $3,519.37
5. On July'27, 2007, Mr. Zurbrigen was notified in writing that the taxes were
delinquent and that he had thirty days to bring the taxes current.
6. On August 27, 2007, a written "Notice of License Suspension" relating to the
three properties was sent to Mr. Zurbrigen.
7. Mr. Zurbrigen requested an administrative hearing before the City Manager.
8. On September 19, 2007, City Manager Thomas Harmening conducted the hearing
and issued his written decision affirming the license suspensions.
9. Mr. Zurbrigen appealed Harmening's decision to the City Council.
10. Mr. Zurbrigen admits that the property taxes are delinquent.
11. As a defense to his non-payment of taxes, Mr. Zurbrigen contends that the City's
general zoning definition of "family" as constituting no more than four unrelated persons
violates the Federal Fair Housing Act and the Americans With Disabilities Act (ADA). Mr.
Zurbrigen contends that he is entitled to a reasonable accommodation under the ADA to allow
more than four individuals to reside in each of his single family homes and that the City has not
provided him with a process to request the accommodation.
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