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Home My WebLink AboutResolution 707 .. .� � r . ,�_ RESOLUTION NO. �0� RESOLUTION DENYING VARIANCE APPLIED FOR BY FRED ROGERS AND WAIVING UNIT ASSESSMENT PURSUANT TO REQUEST BY FRED ROGERS AND DARRELL STEWART ' ' wHERE�S , Fred Rogers has applied for a variance on his property on or about� 3175 North Shore Drive in Orono, and � legallX described as Plat 43075, Parcel 7000 (hereinafter, Lot) , and � WHEREAS , Fred Rogers has represented that he is the fee owner o� said Lot, and � WHEREAS , Fred Rogers has zequested that the unit charge for that Lot be waived if the variance for that Lot is denied, so that he can sell that Lot to his neighbor to be used for the construction of a garage and not for a resi- dence on that Lot, and � '� � �- WHEREAS, Mr. Stewart, the neighbor, has entered into a , purchase agreement to buy that Lot as long as the . unit assessment is waived, � . . NOW, THEREFQRE, BE TT RESOLVED: �. The Lot is declared to be unbuildable and the vari- ance is denied. 2 . The Lot is less than onehalf acre in area in a one- acre zone and has no structure built upon it presently. 3. Nlr. SteWart will combine that Lot after he has pur- cha;sed it with his other adjacent properties and shall pay .. .. . all assessments against that Lot except for the unit charge, including the front footage assessment. 4. The unit assessment to�be waived on that Lot pur- suant to the terms of this Resolution is in the amount of $3,745.17. , 5. Mr. Stewart agrees to pay the remaining amount of the a,ssessment on that Lot in full immediately to the City. ,� �� .,�. �--- - - - , � .. y� � k •• RESOLUTION NO. �� , RESOLUTION DENYING VARIANCE APPLIED . FOR BY FRED ROGERS AND WAIVING UNIT � ASSESSMENT PURSUANT TO REQUEST BY FRED ROGERS AND DARRELL STEWART ' �nTFiEREAS , Fred Rogers has applied for a variance on his property on or about 3175 North Shore Drive in Orono, and � legally described as Plat 43075, Parcel 7000 (hereinafter, Lot) , and � WHEREAS , Fred Rogers has represented that he is the fee owner of said Lot, and WHEREAS , Fred Rogers has zequested that the unit charge for that Lot be waived if the variance for that Lot is denied, so that he can se11 that Lot to his neighbor to be used for the construction of a garage and not for a resi- dence on that Lot, and . WHEREAS, Mr. Stewart, the neighbor, has entered into a , purchase agreement to buy that Lot as long as the unit assessment i,s waived, � NOW, THEREFQRE. BE TT RESOLVED: 1. The Lot is declared to be unbuildable and the vari- ance is denied. 2. The Lot is less than onehalf acre in area in a one- acre zone and has no structure built upon it presently. 3. Mr. Stewart will combine that Lot after he has pur- chased it with his other adjacent properties and shall pay .. .. . all assessments against that Lot except for the unit charge, including the front footage assessment. 4. The unit assessment to�be waived on that Lot pur- suant to the terms of this Resolution is in the amount of $3,745.17. 5. Mr. Stewart agrees to pay the remaining amount of the a.ssessment on that Lot in full immediately to the City. • �� ! • 6. Mr. Rogers, Mx. Stewart and Mr. Robert J. Cutshall agree to terminate anX litigation concerning the City con- cerning the assessment on that Lot and to file Stipulation of Dismissal with Prejudice as to that Lot with the City Attorney. Such stipulation shall be drafted by the attorney representing any of the above people in the litigation con- cerning that Lot. - 7. That prior to the waiver of the assessment, there shall be presented to the City Attorney a title opinion by an attorney in the State of Minnesota, addressed to the City of Oror�o, n,oting that Mr. Rogers is the fee owner of that Lot. � � • 8. Tl�is Resolution denying the variance and waiving th,e. unit charge on that I,ot shall not be effective until the �roVisions o� this �esolution are completed by Mr. Rogers, �l�. SteWart and Mr. Cutsha,ll. 9. Upqn com�letion of the�above provisions, the City �taf� is directed to fi�e the necessary papers with the City Tax ,AsSes�or and the CountX ,i�ssessor to effectuate the � waiver o� the. ur�it assessment on that Lot. 10. Mr. Rogers, Mr. St,eWart and Mr. Cutshall, indi- ViduallX and collectively, agree to hold the City harmless �rom anX and all action that it take� re�.ated to this appli- cati,ox� an,d denial o� tl�e variance and the waiving of the •. � asse.ssment �'ox tha,t Lot. This �te�o],ution was �assed on the 23 d: day of August, 1976 bX a. vote of 4 ayes and 0 nays. ,�.°,�' �� . . Robert L. Searles, Mayor A'�T 'z': � uWaltez �. Be son, Clerk=�dministra,tor • -2- , • I , Fred Rogers , have read the foregoing Resolution and agree to the terms thereof. ., � _ __ �f� % -� - � - � Fred Roger , Subscribed and sworn to before me this day of .%�,�j , 1976. � , �` h� �1�' �Itn. / �tJt' ��v:�r�,u � ,�:,;, .,Q �-- �O�Ei'f ti . .e;.,t %r'� ��y�i/._,f��. �' -�b�'�'a�y Public I , Darrell Stewart, have read the foregoing Resolution and agree to the terms thereof. �� ` � �� L<' CDar 11 Stewart • Subscribed and sworn to before me this ' day of �, 19 7 6. ��1�A M. � Notery Pub��c, HenneC��C,£en�^ Mleiw� •/ %. F /(` ,t7.�j r - ' �";/�: �°,'•7 � / f :r Notary �Public I , Robert J. Cutshall, have read the foregoing Resolution and agree to the terms thereof. Robert J. Cutshall Subscribed and sworn to before me this day of , 1976. Notary Public • -3-