HomeMy WebLinkAbout#1523 - cabin removal - 1983 �s. �-w
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Cit� o� OROl�O
` RESOLUTION OF THE CITY COUNCIL .
NO. 1523
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� - � � RESOLUTION AND .AGREEMENT GRANTING AN EXTENSION
� OF 39 3KO.NTHS FOR THE REt�iOVAL OF A L�IRESHORE
CABIN LOCATED AT 1855 SHADYWOOD ROAD - FILE �763
WHEREAS, Milton and Dorianne E. SeifPrt are the owners of a property
located at 1856 Shadywood Road and legalTy described as follows :
Lot 26 and Northerly 15 Feet o� Lot 27, Shadywood Addition, �
Hennepin County, Minnesota ('nereinafter "property") ; and
b�iEREAS, t�he applicants have fi.led a variance appl.ication with the City
of Orono (hereinafter "City") seeking an extension of three years for the removal
of a lakeshore cabin (nereinafter "cabin" ) as required per Orono Resolution ��1165
approved by the City on September 29, 198.oJ . "
va;+rl, THEREFORE 8E IT RESOLVEU and agree� upon by the City Council of
Orono , Minnesota and Miltonand Dorianne E. Seifert , their heirs, successors and
assi�ns , (hereinafter "�pplicants") :
FIAIDINGS
� 1. This application was reviewed as zoning file #763 .
2. The property is located in t=he LR-1C Single Family Lakeshore Residential
Zoning District.
3. Reso7.ution $�1155 granted sevaral variances For improvements i�o the
applicants' residence conditioned on the remova]. of the cabin located
16 ' .from the lakesnore 'oy .7uly 1 , 1983 , and all renta.l of the two cabins
adjacent to iiennepin County Road �19 was to cease by ,7uly 1, 199go
4 . The �pplicants nave advise�� �,iat t:ney do not 'nave the additional funds
• requirec� to remove the cabin at present because �r . S�iEert' s new
posiFion h�s cre�t�d a te�noora.ry drain on the family' s finances .
5. The �pblicani:s cont°nd that the .loss of the additional income rec�ived
from L-he rental of the cabin will place se��er� iinancial hardships on
them .
6 . C:ouncil reafEirms (.'nPir c�esire to reac'n an overall solution to the
mu].tiple non-conforming uses on the property and the complete n'nasing
out of a11 non-conforming uses.
7. The original deadline date for the removal of the cabin was established to
a7.low adequate time to �m�rtize �he Plimination o£ the cabin.
�� 8. The applicants nave agrezd to alter the expiration dates for the two
rental units located adjaceni: co Coun�y Road 19 fromJu].y ]., 199�J to Ju1y
1, 1988 i.n return f.or an extension oF the rent�l use oF the lakeside cabin.
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� RESOLUTION OF THE CITY COUNCIL
NO. 1523 .
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. 9. The City benefits Fro?n this variance because the propertywill conform to
all standards of the LR-1C residenti�l zoninq distrir_t by Ju1y 1, 19�88
two years earlier than the date specified in Resolution �11650
10. In approvinq tnis variance application, Council would in effect be
modiFying a conditio�n of a previous variance approval that was granted
in 198�1.
11. Ttie applicants continue to maintain t'nal: it is t'ne.ir inr_ent i.o �nak� t'ne
entire use of the nroperty conForm to tize standards o.E the nresent zoning
code of. t'ne Ciry and wi�1 �7ra� to eliMinat� tne non-con:Fotn�in� uses of
t:ne•nro�erry 'oase� unon a ;�iiaszng out sc'nPdule that is 'AeneEicial to 'oot'n
the Cifiy and th�mse.lves .
THE PARTI�S H�2E'P� A„�2�.E 1.�5 FOL.L�`nIS:
1 . The �ity a�re�s to amend Resolution #1165 Paragraph 2 to r��� as f�ll o;a�s : �
• The lakeside ca'r�in s'nown on ^rx'nibit .A as �u�:'i s�iall ��e �c�!noved 'oy Dr o
Seifert on or before December 3�, t985, or unon sale or transfer oF
nroperty, whic'never occurs EirsL. Zn the event th�t th2 takeside c�bin
is not completely removed as of that time, the City may Pni�er uoon t'ne
�roperty and remove t'ne lakeside cabin and assess t,z� cost �,zereof
against t'n� pro�ercy zo 'oe naid for within one y�ar with an iriterest
thereon at the maximum a11ow?� ��y l�w. :Ln ��diLion to t'n? assessmen� oi
the cost thereof, there shall be included t'nerein r_easona'c�le attorneys'
fees and administrative costs in o'otaining the remvval . The anpliranfis
waive any an� all �or��cedural �nd substantive rights to any notice of t�le
special ass2ssment, or riz� re;nov•�7. o� L�ze i�uilding or as to any other
mai:ter as �n�y ��e .r�quirecl oy l���a. T�e af���licants 'n�reby release the
:ity, it ac�ents and e!noloyer�s Fr��!n �ny �n:i �all l:iability re.lated t'n�reco .
2. . T�ie :ity .�c�rees �o amene� Resolution #1165 Paragrap'n 3 to read as �olt�ws :
T'ne aUOticants agree tiiac t'ne 'r_wo �rent,al units adjacent �o �i�nne�in
County Ro�d vo . �� si1a11 cease to 'oe used as rent�l units in any form as oi
July l, .1988 . After July 1, 1988 , these units .rnay not �e used for any
purpose excent for guests oE t'ne owner o:E the principal structure on a no
consic3eration or ��y�nent r�asis. It is the intent tnat a.f_ter July 1,
.t9�8, these buildings will not be rented in any way to anyone. In any
event, tF1� use o� i:'nese r_wr� structures for rental nurposes s'na11 =�Y
i:er,�ninat��] as of_ .7uly 1, 19�3 , �r upon sale or transfer of the propsrty, or
llnr�ri r(1@ �pp.licants f1U �.U[l��?r i�e?l.i1cJ i.il� ��?? ���111�3f ��l�.f?O` � �J''ll:'r1n:/�C
occurs £z_rs� .
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RESOLUTION OF THE CITY COUNCIL
NO. 1523 '
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3. T e applicants agree that this resolution may be filed in the chain of
title to said property and that it shall constitute a negative
� restriction pursuant to its terms on the future use of the prope-rtyo On
July 1, 1991 , or upon completion of all terms setforth in this agreement ,
whichever is earlier in time, this agreement shall be null and void and no
longer a restriction on this real estate.
4 . This� resolution will have no effect on the statement recorded in
Resolution �1165 except to amend that resolution as specified in "
paraqraphs 1 and 2 noted above. ,
5. The applicants , their heirs, successors and assigns and it is agreed that
anyone who takes title to this property as a condition thereof , shall be
bound by the terms hereof , and that the applicants Seifert will provide
such notice of same in any purchase agreement or subsequent i,nstrument
transferring the title of the property.
6. The applicants shall release, indemnify and hold harmless the City� the
• City Council , and the agents and employees of the City from and against
all claims , damages , losses or expenses, including attorneyfees , which
the City, City Council and agents and employees of the City may suffer or
for which it may be held liable, arising out of or resultirig from the
assertion against them of any claims , debts or obligations in
consequence or causes of action arising out of or related to any actions
by the City in the adopting and enforcing of Resolution �1165 and this
resolution and agree not to contest the validity or enforcability of
either resolution and the provisions included therein.
Adopted by the Council of the City of Orono on September 12, 1983 , by a vote of
' 3 ayes and 1 nays.
. Mary C. ler , Mayor
Thomas Frahm, Acting Mayor
ATTEST:
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A erta M. trom, ity er
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Ci.t� o� ORONO
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_ RESOLUTION OF THE CITY COUNCIL
NO. 1523
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Dr . Milton Seifert and Dorianne E. Seifert , being the sole owners of the abo-ve
property, agree to be bound by the terms of this agreement and resolution as
setforth above and have, been informed that any violation of the terms hereof by
Milton and Dorianne E. Seifert, 'their heirs , . successors, or assigns , shall
constitute a misdemeanor and each day of occurence of such violation shall
constitute a separate misdemeanor , all of which shall be punishable as provided
for by law.
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Dr . Mil n Seifert Dorianne E. Seifert
STATE OF MINNESOTA )
) ss . '
COUNTY OF HENNEPIN )
On this day of , 1983, before me a No�ary
b ic wi hi and for �i C t , p rso ally appear�d
' known to me �o l�e
the perso (s) escribe n and who ex u ed � he forego ng instrument , and
acknowledged that he (they) executed the same his (their) free ct and deedo
�w�.r�.�.w.r`.r �
�"" pp�p��. ��t� o a r y P u b c
+� .. �HEN� � G -�� ��J
My Commission Expires
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a
Notary Public within and £or said County, personally appeared
' known to me to be t e person (s)
des.cribed in and who executed the foregoinq instrument, and acknowledged that he
(they) executed the same as his (their) free act and deed . •
Notary. Pub ic
� My Commission Expires
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C�t� o� ORONO �
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RESOLUTION OF THE CITY COUNCIL
. NO. 1523 .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) � •
On this day of , 1983 , before a
Notary Public withi and for said County, personally appeared
_ known to me to be
the person (s) described in and who executed the foregoinq instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed .
Notary Public
� My Commission Expires
�his document is being recorded �for the benefit of the City of Orono per Minnesota
Statutes 386. 77: . �
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66 �
Crystal Bay, MN 55323
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