HomeMy WebLinkAboutAgreement with property owners/city re bldg permit/guest hse etc. THIS AGREEMENT is made by Guillame Bastiaens, the owner of certain property in
the City of Orono, and the City of Orono, located in the County of Hennepin, State of Minnesota.
Whereas, Guillaume Bastiaens (Hereinafter "the Owner") owns the property at 665
North Ferndale Road legally described as: (Exhibit A attached); and
Whereas, the Owner has applied to the City of Orono for a building permit in order to
construct a new residence on the property; and
Whereas, the property contains an existing residence and detached garage which the
Owner wishes to continue to use for dwelling purposes during construction of the new residence,
and further wishes to continue to use as a temporary guest house and detached garage for a finite
period of time after completion of the new principal structure; and
Whereas, Orono Zoning Code Section 10.03, Subdivision 7 allows for the use of an
existing dwelling during construction of a new principal structure subject to a permit issued by
City staff; and
Whereas, the Owner agrees that Orono ordinances do not allow a detached second
dwelling unit to remain in place on the property except and unless a Guest House Conditional
Use Permit has been approved by the city Council; and
Whereas, the Owner acknowledges that the Property does not contain the full 4 acres
required to meet the City ordinance standards far a Guest House Conditional Use Permit, hence
approval of such a Permit is not guaranteed and requires a variance; and
Whereas, the City of Orono is willing to allow the existing residence and garage to
remain in use as a dwelling unit on the property until the new residence has been completed, if
the owner agrees to promptly remove the existing residence and garage when the Certificate of
Occupancy has been issued for the new residence; and
Whereas, the Owner has agreed to remove the existing residence and garage promptly
upon issuance of a Certificate of Occupancy for the new residence, unless a Guest House
Conditional Use Permit has been approved for further continued use of the existing residence and
garage, in which instance the Owner has agreed to abide by the terms and conditions of such
approval.
Now Therefore, in consideration of these premises, and other good and valuable
consideration, the owner and the City of Orono do hereby agree as follows:
I. The City of Orono will issue a building permit to the Owner or his agents for the
construction of a new principal residence, subject to the normal and customary submittals and
zoning and building code reviews.
2. Owner agrees that he will remove the existing residence and garage no later than thirty
(30) days after issuance of a Certificate of Occupancy far the new residence, unless a Guest
House Conditional Use Permit has been approved for further continued use of the existing
residence and garage, in which instance the Owner agrees to abide by the terms and conditions of
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such approval.
3. The Owner agrees that in the event the Owner is not successful in obtaining a Guest
House Conditional Use Permit for continued occupancy of the existing residence and garage,
(and/or in the event that the Owner is not successful in obtaining a variance to 10.03, Subd. 9D if
one is required), if the Owner fails to remove the existing residence and garage within the time
period specified above, the City may enter the Property, remove the existing residence and
garage, and recover its costs from the Owner, or assess the property in order to recover the costs,
as the City determines is in its best interests.
4. The Owner agrees that the Owner will make application for the appropriate Conditional
Use Permit(s) and/or variance(s) within a timeframe that would allow for final City action priar
to the anticipated date of issuance of a Certificate of Occupancy for the new residence.
IN WITNESS WHEREOF, Guillaume Bastiaens and the City of Orono do hereby
execute this Agreement. This Agreement is effective as of the date set out below.
City of Orono
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