HomeMy WebLinkAboutAgreement/retention/removal of access structure � �
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� . . . �' CITY of ORONU
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�, Municipal Offices
�� ` G~ Street Address: Mailing Address:
�`9gESHp4�� 2750 Keiley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
May 31, 2005
Scott & Angela Ross
2411 Lorien
Minnetonka, MN 55305
Re: Dock at 1640 Bohn's Point Road
Dear Mr. &Mrs. Ross:
As we discussed by phone, enclosed is the Agreement for Retention or Removal of
Accessory Structures which must be signed ¬arized in order for you to keep the
private dock on your property at 1640 Bohn's Point Road absent a principal residence
structure. Please sign and have this Agreement notarized, and return it to me as soon as
possible. I will then obtain the signatures of the Mayor and City Clerk and return a copy
to you.
Also enclosed is a copy of Ordinance No. 13, Third Series (Code Section 78-1432) for
your reference. If you have any questions, please call me at 952-249-4600.
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Sincerely, "
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Michael P. Gaffron
Planning Director
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cc: Inspections Department
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'�elephone(952)249-460� � F'ax(952)249-4616
www.ci.orono.mn.us
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Agreement for Retention or Removal of Accessory Structures
Right-of-Entry
�,
THIS AGREEMENT,made and entered into this ✓� �� day of ��t '"C ,
2005, by Scott M. Ross and Angela P. Ross (husband and wife), (hereinafter referred to as
"Applicants") and the City of Orono, a Minnesota municipal corporation(hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, Applicants have made application to the City for demolition of the
principal residence structure on the property located at 1640 Bohn's Point Road within the City of
Orono, Hennepin County, State of Minnesota, such property legally described as:
Lot 2, Auditor's Subdivision No. 349, Hennepin County, Minnesota
(hereinafter referred to as "Subject Property"); and
WHEREAS, the Applicants are the owners of the Subject Property; and
WHEREAS, the Subject Property contains a principal residence structure and a
conforming accessory structure(hereinafter referred to as"private dock")shown on the survey or site
plan attached hereto as Exhibit A; and
WHEREAS,Applicants are aware that according to Orono Municipal Zoning Code
Section 78-1432, once the principal structure has been removed the private dock will no longer be
conforming, as it will no longer be accessory to an existing principal structure; and
WHEREAS,the ordinances of the City require removal of all accessory structures at
the time of removal of the principal structure, because such accessory structures may become a
public nuisance due to lack of on-site property control and management; and
WHEREAS, the Applicants intend to, upon demolition of the principal structure,
immediately replace the principal structure on the site with a new principal structure in a location
such that the existing private dock will remain conforming.
WHEREAS, the City intends to allow the private dock to remain on the Subject
Property during construction of the new principal residence structure with the expectation that said
private dock will again become conforming as soon as construction of the new principal residence is
completed.
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NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the existing private dock, subject to the following conditions:
A) Applicants agree to obtain a building permit far construction of the replacement
residence within 60 days of demolition; to begin construction on the new residence
within 120 days of demolition; and to complete all exterior wark within 1 year of
building permit issuance and interior work within 2 years of building permit issuance.
B) In the event that any activity described in item A has not been accomplished within
the defined timeframe, the Applicants shall remove the private dock at the
Applicants' expense, or the Applicants shall immediately apply for a variance to
allow the accessory buildings to remain.
C) If one of the item A events occurs and the Applicants fail to perform their removal
obligations per item B, the Applicants hereby agree as follows:
1. The City may enter upon the property and remove the private dock.
2. The City may assess the costs of removal to the property.
3. This Agreement shall be binding upon current and future owners of Subject Property, and
shall be filed within the chain of title of the Subject Property.
4. Applicants consent to the execution of this Agreement and to its terms, as shown by their
signatures upon this document.
5. Applicants shall 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
attorney fees,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 resulting from the assertion against them
of any claims, debts or obligations in consequence of the performance of the terms of this
agreement.
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CITY OF ORONO:
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By: d.D�
Its ayor
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By: �,�,,.�„�, �, ,�,. `���
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me this ( �� day of
t.t.i�^- ,2005,by Barbara A. Peterson,the Mayor of the City of Orono on
behalf the municipal corporation.
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Nota�y Pub ic
\, .�°" �"�� JACQllELYN M.YOUNG
� � Natary �ubiic-Minnesota
�''_'`� My�o+nmissan Expina Jan 31,20/0
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this "��`' day of
.� , 2005, by Linda S. Vee the City Clerk of the City of Orono on
behalf of the municipal corporation.
RACHELDODGE
_ NOTARY PUBUC-MINNESOTA ��� �Q �r���
`,�,,,.+" My Commission Ezpires Jan.31,2010
Notary Public
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APPLICANT(S):
By: � � � � �
c ,,�� �,� ,l � (�Y�'L�
By: =� �f ,
s
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f
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) , �
Th� foregoing instrument was acknowledged before me this � � day of
�i,�,,� , 2005, by Scott M. Ross, husband of Angela P. Ross, as his free
act and deed.
;
�..� ,� ��/� ' �(,.�� �
�/�'����c��_ c.
�c��:,� C � C�C-
`' ANN M.WALDSCHMIDT Notary Public
NOTARY PUBLIC-MINNESOTA
' :�,;:'` My Commission Expires Jan.31,2010
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) C �-
he foregoing instrument was acknowledged before me this _� day of
��. , 2005, by Angela P. Ross, wife of Scott M. Ross, as her free act
and deed.
�;� ANQIE LYNN(3USTAFSO
�� � � Motary Public
`� �' Minnesota Notary Public
�� • ' My Commission Expires January 31,200
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CHEC� OFF i�IST FOR ISSUANCE OF PERI�IITS
ADDRESS OR LEGAL: j (���� OF�C��U�F�OIVT,,� ��;��
� �r'
PID: r
DESCR�'IrION OF WORK: � ' ' r ' � j�`' �� �� ��
ZO.�i G REVIE�V BY: r--------- DATE APPROVED:
SUILDING REVIEtiY BY: DATE APPROVED:
FEES TO BE CHARGED:^ Misc. Fees Calculated By:
PERMIT Yes No
PLAN REVIE`V � Yes No SEWER COi�1NECTTON
STATE SURCHARGE Yes No WATERCONNECTION
INVESTIGATION FEE Yes No PARK FEE
SAC Yes No SITEINSPECTION
Number of SAC Units OTHER (specify)
ZONIIIG CHE.CK LIST Zoning District:
Fire Department: Post Office: School District:
Loc Area; Sq.ft. Acres Width Depth
5urvey Submitted: Yes No Date of Survey:
Proposed Setbacks:
Fronc (Lake): R.i�t Side:
Rear (Street): Left Side: _
Adjacent Structures: Wetland:
auiluin� Heioht: Def. Hgt. Peal:Hgt.
Lot Covera�e:
Grading: Staff Approval Date: By: Cour \� (, L �
� / 7/
Septic: Staff Approval Date: �Y� �, �-=
• o ' Resolutioa: � Resolution' /' V /� �I
Zo�n� F�le: #
Shoreland District:
Avg. Setback: Bluff Setback: /.(/ /
Eciscing C �
Hardcover; 0-75
75-250'
2�0-500'
500-1600'
Hardcover Variance Required: Yes No Da�e of Council Approv�.
�E`L4RKS (in house):
BUILDING RE'VIEtii� CHECK LIST
�C� CONSTRUCTTON TYPE:
Sq Footage $ Per Sq Fcg
Basement z =
lst Floar x _
2nd Floor x _
Garaee x =
x =
TOTAL
Estimated Construction Value: $
Inspections Required: tiVork Requiring Separate Permits:
Site Plumbing Fire
Hazdcover Removal Mechanical Water Coanection
Footing � Septic Sewer Connectioa
Framing Fireplace Lawn Irrigation
Insulation (Masonry) Other
Wa11 Board (Mfg.) Weil (State Permit)
F�� Grading/Filling Electrical (State Permit)
Other
REMAR��.S (IN HOUSE):
___-------------------------------------------------------------------------------------------------------------
REVIE�V BY OTHERS: DATE:
Access: Ezisting New
Access Approval: Date By;
----------------------------
REI�IARKS (TO SE NOTED Ov PERVII'I'):
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ORDINANCE NO �, THIRD SERIES
AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE
SECTION 78-1432
REGARDING TIME OF CONSTRUCTION
The City Council of Orono ordains as follows:
Section 1: Municipal Zonin� Code Section 78-1432 is hereby revised as follows:
Sec. 78-1�132. Time of construction.
1
No accessory building or structure shall be constructed on any lot prior to the time
of construction of the principal building to which it is accessory. At the time of
demolition of the principal buildinQ al1 nonconformina accessorv structures must be
removed AccessorY structures �vhich complv w�ith this title, are allo�ved to remain
continQent on a siQned a�reement statina the followinQ:
1. Applicants aQree to obtain a buildina permit for construction of the replacement
residznce within 60 davs of demolition; to be�?in construction on the new
residence within 1�0 days of demolition: and to comolete all exterior work within
1 vear of buildina permit issuance and interior work �rithin 2 vears of buildinQ.
permit issuance.
2. In the event that anv activitv described in item 1 has not been accomplished
within the defined timeframe the applicants sha11 remove the accessorv structures
at the applicants' expense or the applicants shall applv for an eYtension of this
aQreement.
3. If onP of the item 1 events occurs and the aonlicants fail to perform their removal
obliQations per item 2. the applicants hereby aQree as follo�vs:
a. The Citv may enter u�on the property and remove the accesso:v
buildinQ(s).
b. The Citv mav assess the costs of removal to the propertv. -
_ _
4, The ��reement �hall be bindin� upon current and future owne.rs of the pro�ertv_
and shall be filed within the chain of title of the proper�v.
�. Fee ow�er(s) oi the properv if not the applicant�. consent to the execution oi the
a�reement and to its terLn� as show�n bv his/her/their sianature(s) upon the
document.
The ��lanQuaQe is deleted; the underlined langua�e is inserted.
� Pa�e 1 of 2
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6. Applicants sha11 indemnify and hold harmless the Citv, the City Council, and the
ajents and emplovees of the Citv from and aaainst aI1 claims, damaoes. losses or
expenses. including attorney fees, which the City, City Council and aaents and
emplovees of the City may suffer or for which it may be held liable, arisin� out of
or resultinQ from the assertion aaainst them of anv claims. debts or obliQations in
consequence of the performance of the terms of this aareement.
(Code 1984, � 10.03(9)(A))
Section 2: This Ordinance shall be published in THE PIONEER and THE LAKER
newspapers and sha11 become effective upon approval and publication.
Adopted by the City Council of Orono on this 24`�' day of May, 2004 by a vote of
4 ayes and 0 nays.
��.�.��� . c�i_�
Barbara A. Peterson, Mayor
ATTEST:
�i�.�.�.•..� �- ��
/Linda S. Vee, City Clerk
Published in the Lalcer/Pioneer newspapers the week of May 29 , 2004.
The�i�-l�e�t lanauaQe is deleted; t!le underl�ned IanQuaae i� inserted.
y Pa�e 2 of 2 �
sharra
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August 10, 2005 c ° "' � �` �` y �
Mike Gaffron
City of Orono
2750 Kelley Parkway ,��, �
Box 66 �`1�'��.� �
Crystai Bay MN 55323 � ,=��,�;� � .� I�p�f
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RE: 1640 Bohn's Point Road ° ¢ `�` �?F ���� �
� �����:
Dear Mike, �
Thank you for the information on extendir�g the timeframe for removing the dock
at the above property. ,_ ..
� Sharratt Design & Company has been designing and drawing`the new home for
Scott and Angela Ross at 1640 Bohn's Point Rd. We have be�n on track to
complete the permit set of drawings and submit tQ the City of Qrono for a building
permit prior to the Ross' 'needing to remove their dock at the property. .
Recently, we noticed inaccurate information in the s�rvey that affected the
hardcover calculatians. As we have been working hard to reduce the hardcover
e on this lot fram over 30% when it was purchased, to at or below the required
�5%, this inaccurate information caused a delay in getting the drawings prepared
on the origina! timetable.
We are respectfuily requesting a one manth (30 day) extension t� aflow the Ross'
to leave the dock in place while we complete the drawings and s�abmit for perm�t. .
The drawings will be submi#ted for permit before'the extension expires, probab{y
within one to two weeks.
�.
Thank yau for your consideration of our request, and please feel fre�to call me ;
with any questions. ` .
! ��
Th�nk you, ,
'` P �` i .: . �
�t 0� �F-- �fk�' t � ,� A., �.. .
{�.� f � �,
Lissa Ten�ta °
` �,�,
Administrative Director �� '� � ��
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;,� 4 6 4 S e c o n d S t r e e t • S u i t e 1 0 0 • E x c e 1 s i o r , M N� 5 5 3 3 1
p h o n e . 9 5 2 . 4 7 0 . 9 7 5 0 • f a x . 9 5 2 . 4 7 0 . 8 4 � 7
w e b s i t e : s h a r r a t t d e s i g n . c a .m • e m a i l : i n f o@ s h a r r a t t d e s i g n . c o m
; .;_ ; , _ .. . . _
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AUG-10-2005 11�18 SHARRATT DESIGN & CO 952 470 8407 P.01i02
SFIARRATT D�SIGN �CC�Mf ANY
T R A N S M I T T A L
To Mike Gaffron AODRESS
COMPANY City of Orono Plannln� ...-----------.. _ . -.-._. _.... ._. __.
--•.... _..._...... ... ._....� _._..... .. . _.... .
DATE 08/10I05 PHONE 952-249-4600
.._ _...__...... ..____ _..__. _.... ....._.
PROJECT 1B40 Boh�'s Pt Rd FAX g52-249-4616
... ------ �_.—...__.._.. ._..._�_ �. •--.......- ---.__... ....
SUBJECI' Dock extension re uest OTHER
VIA DESCRIPTION TRANSMITTED
x �US Mail ___�Design Sketches/Notes ___�__ For Your Information
x Fax Print Sets As Requested
... . ----..__...
Courier _ Original Tracings Review 8�Comment
.....-------— _
____Drop I Pick-up Specifications x Review&Approval
Air Shap Qrawings � �� Referenca
_._......... �._.... .__. .
_�_�_ Over Night _ Samples _Record
Other __ x Other Printing
ITEMS ACTION
1 Transmittal No Respo�se Required
Drawings/Set �x Respond
_...._ .----��--
_ 1 Letter ____ Respond ASAP
Nates/Memo Urgent
2 Total Sheets �
NOTES
Mike,
Enclosed pfease find a letter requesting an extension for the Ross family dock at 1640 Bohn's Pt Rd
per your tElephone call to me this morning. Please feel free to contact me if you need anything fur�her
or have any questions. The original will be put in today's mail.
Thanks,
Lissa
952/470-9750
COPY TO: ROSS,f118 __ ____.E-MAIL: ltenutt�C�'harrattdesi�n cnm
.._.__._�. .__------------
BY: It ___.___... �...... WEB: ]�.1t�Y.,5�11.fI�l
...___._.— ..... ....-- -------..._.....__................... ...----�-------- _
-- --� _.._...._...._.....
_ . . . .....- ---�--_.. ..
464,`)ccond;�treet Ste 100 �xce�sior,MN 5533� Phone:9gZ•47o•97�0 �;ex:95Z�4•]0�89-OJ
This communicalion may co�tain confidential information_ Any use of ihe info�mation eont8ined within this document without the
permission of the intended recipient is prohibited. If received in ercor please destroy. Thank you.