HomeMy WebLinkAboutRezoning AgreementIL
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REZONING AGREE.TI NT FOR PROPERTY
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KNOWN AS TILE STUBB' S BAY MARINA PROPERTY
THIS AGREEMENT, made and entered into this day of_i/tlt/��',��
1980, by and between :James K. McCleary a-od Carolynne M. McCleary, their heirs,
successors and assigns who are the owners of: the property, legally described on
Exhibit A attached hereto and incorporated herein by reference, hereinafter re-
ferred to as "Owners" and the City of OrCTIo, a municipal corporation, hereinafter
referred to as the "City."
GJIT'NESSETH:
[dEIEItEAS, Owners have request eci L6C. to change the zoning, of the above
described property from B-2: Lakeshore Business District to an LR-lA: One Family
Lakeshore Residential District to alloor for i:.he development of the above-describt�d
property consisting of approximately two acres arod 240 lineal feet of shoreline
on Lar:k:t Minnetonka, into three separate single family lots with homes thereon, and
WHF ,E.AS, the City has found that the proposed rezoning of said property pur-
suant to this rezoning agreement would be in the public interest and would promote
the health, safety and welfare of the publi.c, and
WIMEREAS, in order to induce the City to change the zoning; of the above -described
property and to grant the variances related thereto as provided for herein, the
Owners agree to lay out, develop, ma:i.,tain and restrict the development of the above -
described property as hercinafter set forth;
NOW, THEREFORE, it is agreed that for and in consideration of the City's adopt-
ing an ordinance rezoning; the above -described property from B-2: Lakeshore Business
District to LR-'A: One Family Lakeshore Residential District with variances granted
as set forth hereinafter, the Owners agree to restrict the development of the above -
described property as set forth hereinafter:
1. The development of the property shall take place generally in accordanc.
with the concept plan, a cony of which is -ttached hereto as Exhibit B.
2, A preliminary and final plat iii conformance with Exhibit B shall be sub-
mitted to. the Ci'=y for its approval z?s soon as possible by the Owners.
3. That prior to final plat approval, the Owners will comply wi',i all the
:applicable rules, retu_lations, ordinances and laws of the City and will submit all
information necessary as usual for the review and approval of a preliminary and final
plat.
4. That the above describeeproperty i;il i he restricted to the development of
that property into no more than three s3f n le f .ir•i:i 1N' homes each of which will be built
on its individual lot.
5. Any homes built on the above -described property shall comply with the
following:
A. The Mini -(;u!n 'lc"Jµt � ton or l -!, 7 CSll`i"i ` 1tlQr !)j t hn h rne
w c}r-t- arc , si�,i11 'Oe one Foo ,e 1}
cit.. - ,.-Tround level nr.
;h1. ever hi-,;,er.
B. The homes shall be built at least 75 feet from the Lakeshore of
Lake Minnetonka.
C. The homes must meet the State Building Code.
D. The homes must compl_.: with the applicable rules, regulations,
ordinances and laws of the City consistent with the variances granted herein.
F. Each home shall be constructed in such a way so that the gray water
from each home will be treated ill a gray water on -site disposal system, subject
to approval by the City, which system will be located as shown on Exhibit B. "That
area shall be sufficient in size to allow for the primary treatment site and an
alternative site.
F. Each }dome shall be built so t}iat the toilet wastes shall be collected
in a holding tank; subject to approval by the. City, which hol.d:ng tank Shall be
pumped as necessary ly the owner of the home.
G. The area to be utilized for the gray water disposal,. -site system
shall be described in an easement for the benefit of the three lots or shall be
a separate outlot, the ownership of which shall be by a homeownc.'rs' association,
or some other lefal arrangement to insure that the owners of the three lots share
equally in the cost of the ownership of that lot or easement, the maintenance,
repair or replacement of the gray water on -Site disposal system, the agreements
therefor shall..`;c subject to the approval of the City AttoFne;r.
6. Variances are hcrLUv t',i'."iSltei; for c;ic}. o '-he pro pe ne'! lots f- cSe01.'n
on ExMbit B as follows and shall t,e va',1," for ten years
Lot Area: T}:e averafic> min mum lot area shall be 21,780 square feet
including its share of th(- outlot for on -sate sewer system.
B. Lot 'ifie "''jni^IuP.: l.ot 'Width shall be 75 feat.
C. Minim" i: set};ack from Privite Cil' Pul)lic TiioaCis: 20 feet.
D.
Minimum
setback
from side T,ot Lines:
10 feat.
E.
ilini.m im
Dist__:: e
t etwe c :� }louse: 20
f tet .
7. The area on FxI,ibi t }; ;;h;�rc 1CM feet of lakcs},orc },ctveer,
the road and the .Ia=:e at the ?vartiii.e>.:t corner of the property r,av the subdivided
off as a separate parcel of land in such a way that it can be combined with a
buildable parcel of land within 2,000 feet of said parcel as an accessory outlo~
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for the purpose o% giving the buildable lot access to Lake Minnetonka. Enid• �
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This parcel. of property shall. be subject to an open space easement, in a
form acceptable to the City, to insure that it can onlv be used for the placement
of one single family dock, and only after combination with a buildable lot a•> above.,up,
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8. Durinr the calendar year 1980, the Owners may apply for a permit to allow
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for the use of the property and the existing docks in front thereof as a limited
commercial marina, and the City shall. grant a permit for 1980 for the narina which
commercial marina shall be limited as follows:
A. No more than a total.. of 55 boats may be stored on the premise, or at
slips attached to the dock or moored in front of the property during 1980.
B. There may be no winter storaf;e of boats on the property.
C. No structure shall be constructed, erected or placed above or upon
the property, including without limitation, docks, piers, signs, billboards, hard-
cover or roads of any nature whatsoever, accessory buildings, or any other structure
er improvement which is not presently existing, on the property, which is limited to
one storage shed and the present docks, except that portable toilets as necessary and
a garbage dumpster may be erected.
D. The present docks may be reconstructed in the same position that they
are presently and in scsch a way as to make_ them safe for the 1950 boating; season
subject to plans to be first approved by the City.
9. During any time period in 1950, when the property is used in any way for
commercial marina purposes, no occupancy permits for single family residential
structure on any pe "i.or of the property will be --ranted.
10. As of December 31, 19S0, all commercial mar:.na activity of any nature
shall have ceased and all docks and piers in front of the property snail_ have been
removed, all boats and boating; materials and other structures related to the com-
mercial maritin activities shall have been removed frcin the property.
11. In addition to any other remedy the City may have, the covenants and
restrictions contained herein may be enforced by injunction.
12. Any violation by the Owners of the restrictions and covenants heieii,
shall constitute a misdemeanor and may be punishable by up to $500 penalty and
90 days in jail -for each day of offense and violation.
13. All the provisions hereof shall run with the property and shrill. bind
the heirs, successors, representatives, grantees or assi,,ns of the Owner.,; and
the Curers agree that this agre('inent or n short corn, thereof at the Clty's discre-
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ti.on, may be filed in the chain of title for tine property and the Owners agree to
execute whatever documents are necess:nry ;o in;;nr= the filir.` � of this agreement
or a short form thereof.
14. The above described property is here} ' rezoned from B-2 to Lit-lA.
15. Owners hereby release the iity, its emplove�es, agents and elected
representatives, from any and all }?rior and prc-sent causes of action, known or
unknown, including but not limited to the rezoning of this property as provided
for herein, the denial of the 1979 marina license for the property, and the negotia-
tion for and execution of. this agreement,
16. The variance granted herein and the approval of the final plat for the
property shall be rescinded and be nu'-i and void if the Owners breach the terms of
thereof. this agreement and the owners f ii.l to cure the breach within10 days of notice
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17. In the event Ov nc_rs submit a final plat in 1980, in compliance with this agreement and the City has not. approved the final plat within 90 days thereof, as provided herein, then this agreement shall be null and void and the chancre of the
property from B-2 Lakeshore Business District to LR-lA One Famiiv akeshore Residential
District shall be invalidated and the zoning of the said property shall revert back
to B-2 Lakeshore Business District use.
13. This offer by Owners shall remain open fpr ace prance and shall. be binding
upon the Owners if signed by the City by /�
19. City releases Owner fc7N ng aperating a :Marina in 1979 without a permit
and waives any rezoning fees and licensirny fees due under the terms of this agree-
rnent.
CITY OF ORONO � nn
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K_ f
t' l.liam B. Van Nest, �'Tavor~ I
Z4'z1lter Benson:, - —~
�3.c>ri; �ldmini.strator
James MCCI(-, �---- -T -- --
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