HomeMy WebLinkAboutAgreement/removal/access structures Agreement for Removal of Accessory Structures
Right-of-Entry
THIS AGREEMENT, made and entered into this 26th day of April, 2004, by
MichaelDeborah Benedict, husband and wife, (hereinafter referred to as "Applicants") and the
City of Or no, 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 25 Orono Orchard Road North within the
City of Orono, Hennepin County, State of Minnesota, such property legally described as:
Exhibit A attached
(hereinafte 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 shown on the survey attached hereto as Exhibit B; and
WHEREAS, the Applicants are aware that according to Orono Municipal Zoning
Code Section 78-1432, once the principal structure has been removed the conforming accessory
structure(s) ',will no longer be conforming, as they will no longer be accessory to an existing
principal structure; and
li WHEREAS, it is theolic of the City to require removal of all accessory
p Y
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,
immediatelylireplace the principal structure on the site with a new principal structure in a location
such that the existing accessory structure(s) will remain conforming.
WHEREAS, the City intends to allow the accessory structures to remain on the
Subject Property during construction of the new principal residence structure with the expectation
that said accessory buildings will again become conforming as soon as construction of the new
principal residence is completed.
1
NOW, EREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLO ING:
1.
Applicants may retain the existing accessory structure(s), subject to the following
co ditions:
A) Applicants agree to obtain a building permit for 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 work 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 accessory structures at the
Applicants' expense, or the Applicants shall apply for an extension of this
Agreement.
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 accessory building(s).
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. Fee owners of the Subject Property, if not the 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.
2
CITY OF ORONO:
By: 1
Its Mayor
By: ci' � , /1 ��-�
Its City Clerk
ACKNO LEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this .240 ' day of
Apr. I , 200y , by 6ariar'a ,4 - Pe4- , scn
and 1.4.-n of a S. Ue e , the /14 a yo r and
C I-y C I-e r k_ of the City of Orono on behalf of the municipal corporation.
,. NNN -''- Notary Public
3
APPLICANT(S):
By:
By:(lbir1-0,11) n 6b/Vi_60 Ci—
ACKNOWLEDGEMENT (APPLICANTS)
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STATEF MINNESOTA ) i --- CURTIS L ZIM'T
) Ss. t, NOTARY PUBLIC i�'I 0,
COUN OF HENNEPIN ) ' MY Comm.Expires Jan.31,
Thje foregoing instrument was acknowledged before me this 23 ri day of
1Q rk-.'/ , 20 Ay , by wtike_ r}t..Ae_•P.'c,t and
11 -b ,r •«.,_ A. C-e(Aed,c--f- 4 usband and wi e .ingle/a Minnesota Corporation) as
their freel act and deed/on behalf of the corporation.
to _ ) - -- -
Notary
Public
FEE OWNE (S):
By: 1(7-1-21147(---.
By: 1100 o-tQh , e2tootio--
ACKNOWLEDGEMENT
(FEE OWNERS)
STATE mF MINNESOTA ) ^CURTIS L.ZIMMERM:PF'',
,/ °4i
ss. ` NOTARY PUBLIC—MINNESOTA
COUNT'OF HENNEPIN ) a��"✓t Comm.Expires Jan.31,2O
ThO foregoing instrument was acknowledged before me this Z ?,-..-! day of
11-p,- ( , 20 ell , by G .. • 13 • - d,'cf and
0 •,Tu.L..- it. cei,c f ( usband and wif- single/a Minnesota Corporation) as
their free act and deed/on behalf of the corporation.
''._44:(AL-- Y. ke.e...t.„.....c.p..4.,...,______-,
Notary Public
4
LEGENL
BEARINGS ARE ASSUMED ` e
NORTH ' • ,�� N GUY WIRE 26 ORONO
BENCHMARK: \y �O 0 SANITARY MANHOLE
1988MnD • MONUMENT STAMPED 2713 AB O ��O' /I_ \ ® WATER MANHOLE •RCHARD ROAD
0 •
1988, LOCATED AT THE NORTHEAST O
40 80 CORNER OF HWY No. 12 AND HEATHER \ p TELEPHONE PEDESTAL
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ELEV. - 990.44 FEET (NGVD 29) 95. =lV '" O 0 POWER POLE
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/°°1___,-CONTOUR
1_�CONTOUR UNE
95 $ Ns: y CITY OF
SCALE IN FEET 5, , rt°+�° SPOT ELEVATION
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948 `� i O DENOTES I/2 INCH X 14 INCH IRON
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Legal Description rr
J W ROCK & I Ion Imam 1
z
OI m 9 :� � 1.0 SHRUBS Al I that part of the Southwest 1/4 of the Southwest 1/4 of
O m Section 35, Township 118 North Range 23, West of the 5th
• �- o HOUSE 6.6� �` �- AUNEPAR WITH Principal Meridian, described as follows, viz: Beginning at
s.•�.: " ORONO OR* ARD RD. N. I the Southwest corner of said Southwest 1/4 of the Southwest
„ ,� ,: -' • thence East along .the South line thereof ,a distance .of
-4'.. i/41
„� s.: 1: -. -RET. WALL •
13.39 chains; thence North 48.5 degrees West a distance of
N 1 r' + •` 13.50 chains; thence North 36.5 degrees West a distance ofRUM IIIIIIIIIIIIS�
m
f9k� 9 ' I 5.53 chains to the West l ine of said Southwest 1/4. of the mow lift----,_
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p 15 i �s \k. ) Southwest 1/4; thence South alongsaid West line a distance
,O 1 ^` ' of 13.38 chains to the place of beginning, EXCEPT That part L o i 1 c k ti
0o J `\` of the West 250 feet of the Southwest 1/4 of the Southwest .
WvI ) ek`� 1/4 of Section 35, Township 118 North Range 23, West of the ASSOCIATES
` l 0° OVERHEAD DECK- 5th Principal Meridian, lying North of the South 400.00 feet . � • �
thereof and Southerly of the centerline of Orono Orchard • ••+•••r •r+1+v
gam' Road, and EXCEPT That part of the West 50 feet of the South ",.,:.._�"g
g 400 feet of the Southwest 1/4 -of the Southwest 1/4 of ��` �
/
Section 35, Township 118, Range 23, lying North of the South PROPOSED SETBACK
374.0 feet thereof, according to the U.S. Government Survey VARIANCE EXHIBIT
thereof, Hennepin County, Minnesota.
Abstract .
0i-m0 Sheet 1 of 1 .
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay,MN 55323
(952) 249-4600 DATE OF NOTICE: April 28, 2004
TO: Michael & Deborah Benedict COPIES:
25 Orono Orchard Rd N
Long Lake,MN 55356
TYPE OF APPLICATION: Accessory Structure Retention Agreement
DATE OF MEETING: April 26,2004 VOTE: 5 FOR 0 AGAINST
Motion: Toll approve per the findings and conditions of the agreement previously mailed to and
signed by youL
If you desire Certified copies of the official Council minutes,they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Melanie Curtis, City Planner, at 952.249.4627.
REQUEST FOR COUNCIL ACTION
Date: April 21, 2004
Item No
Department Approval: Administrator Approval: Agenda Section:
�(` � Zoning
Name: Melanie Curtis V
Title: City Planner
Item Description: Michael &Deborah Benedict—25 Orono Orchard Road
Exhibit: Right of Entry Agreement
Summary:
Michael &Deborah Benedict own the property at 25 Orono Orchard Road. In 2002,the
Benedicts receiv‘d a variance in order to construct a detached garage on their property which is
located slightly in front of the principal structure. The Benedicts would like to remove their
existing home and construct a new residence on their property. As the garage is a new structure,
and with the valance is conforming, the Benedicts would like to be allowed to let it remain.
Technically, our code would require a variance for this, however, staff would prefer in situations
such as this where the accessory building is currently conforming to have an administrative
alternative. Staff feels that a variance is an inappropriate method to allow the accessory building
to remain, since Ithe situation only calls for a temporary variance while a new principal building
is under construction.
Staff is currently drafting an ordinance which would provide an option for an administrative
agreement in situations such as this. The agreement would provide for a conforming accessory
structure to remain on a property in the period between demolition and new home construction
and also will provide authority for the City to remove the garage should the house construction
not commence'vithin an established time frame and have those costs assessed back to the
applicant.
The Benedicts"vould like to utilize such an agreement as they wish to begin demolition of their
existing home lib)/the end of May.
Staff Recommendation
Authorize the e ecution of an agreement that would allow the garage to remain at 25 Orono Orchard
Road.
COUNCIL A TION REQUESTED
Accept or ame d the attached agreement.