HomeMy WebLinkAboutretention/removal/accessory structures a?d�oo �i(�adc�- �/
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Agreement for Retention or Removal of Accessory Structures
Shed and Dock
Right-of-Entry
THIS AG��MENT,made and entered into this � � day of ,
2010, by R ��knr! �ll� C!'1(husband and wife), (hereinafter referred to s
"Applicants")an e 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 2655 Shadywood Road within the City of
Orono, Hennepin County, State of Minnesota, such property legally described as:
That part of Lots 22 and 23, "Pheasant Lawn"lying northerly of a straight line drawn from a point
in the southeasterly line of said Lot 22, distant 27 feet southwesterly of, measured along said
southeasterly line of said Lot 22 from the northeasterly corner of said Lot 22 to a point in the
northwesterly line of Lot 23, "Pheasant Lawn", distant 30 feet northeasterly of, measured along
said northwesterly line of said Lot 23 from the most westerly corner of said Lot 23, Hennepin
County, Minnesota(hereinafter referred to as "Subject Property"); and
WHEREAS,the Applicants are the owners of the Subject Properiy; and
WHEREAS,the Subject Property contains a principal residence structure and a two
conforming accessory structures (hereinafter referred to as"private dock and storage shed"); 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 and storage shed
will no longer be conforming,as they 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.
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WHEREAS,the City intends to allow the private dock and storage shed to remain on
the Subject Property during construction of the new principal residence structure with the
expectation that said private dock and storage shed will again become conforming as soon as
construction of the new principal residence is completed.
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the existing private dock and storage shed, subject to the following
conditions:
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 private dock and the storage
shed at the Applicants' expense.
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. T'he City may enter upon the property and remove the private dock and storage
shed.
2. The City may assess the costs of removal to the property.
3. This Agreement sha11 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:
c ._
By: �� � ��u'� �i(J�-�
� Its Mayor
✓,.
By: ���1.,�.:� ,� `�-�=
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this � day of
..�� , 2010, by James M. White, the Mayor of the City of Orono on
behalf of the munici al corporation.
:�..�.�.��. �:_ .
- MONICA A. FADNESS �
NOTARY PUBLIC-MINNESOTA
';�,,;.�` My Commission Expires Jan.31,2012 Notary Public
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this � day of
.i�G� , 2010, by Linda S. Vee the City Clerk of the City of Orono on
behalf of the munici al corporation.
�'���� , /
MONICA!�. FqpNESS �/
- NOTARY P�g���_MINNESOTA Notary Public
`� My Commission Expires Jan.31,2012
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APPLICANT(S):
. �
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/
By: � .
By:
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �� day of
�r , 2010, by Timothy Hadden, husband of Juliann.
r r �MONICA A. FADNESS
NOTARY PUBLIC-MINNESOTA Notary Public
'.,,,;.� My Commission Expires Jan.31,2012
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �� day of
_ V'l�(..G�,YL� , 2010, by Juliann Hadden, wife of Timothy Hadden.
_ . .� �f �
� MONICA A. FADNESS Notary Public
NOTARY PUBLIC-MINNESOTA
� My Commission Expires Jan.31,2012
.,
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��;;,,,, ��1, Principal Dwelling Demolition Permit
� ���'�� �'/� ZONING DISCLOSURE & DECLARATION
���o$�� To the properh� o���ner: Demolition of the principal d��ellin� structure c�n a
propert�� may automaticall�� terminate certain rights ��hich ma� ha��e accrued to the
propert�� b� �irtue of the continued e�istence of that building.
• Rebuilding on a substandard lot of record (i.e. a lot that does not meet the zoning district required lot
area or���idth standards) ���ill. ��ith fe���exceptions. require��ariance appro�•al b� the Cit�� Council, and
such appro��al is neither autornatic nor guaranteed but reyuires that a hardsliip be demonstrated.
• r�dditionall��. all cw•rent -r..oning standards tiill ha��e to be met b� the ne��� principal dwelling including
setbacks. lot coverage b�� structures, hardco��er(imper��ious surface), heigl�t limits. etc.
• Where municipal se��-er is not a��ailable. provision of t��o (?) sites for a confonnin� on-site se���age
treatment s��stem is mandator��.
• Unless speciticall� appro��ed b}' the Cit��, atl accesson• stnictures must be remo�ed at the time of
principal d���elling demolition.This alsu applies to seasonal and p� r .���hic may not be rc- (
installed �mtil a ne���principal d�ellin� has reached tlle framin� stage. ,l, — ���5 n��- �t� �
The follo��ing information is presented for the purposes of advising thz propert� o��ner of the implications of remo�al
ofthe rinci al d��ellin�on the ro ern:
l. Propert� Address: Plti -
�O � �' Required Lot
Require Lot Area 1.0 acre �,i�t�� 140'
�. Zonin��District: LR-16 58'@ OHWL
Actual Lot Area 0.89 acre Actual Lot VVidth 145' a�75'setback
Lot area�ariance is is no required. I.ot�cidth varia ce is/ s not required.
3. Required Setbacks: Front NA Rear NA Side 10' Side Street 35'
Lakeshore Lot: Lake�Front) 75' Street�Rear) 30'
,A�era�e Lakeshore Setb k: must be met/ not a licable.
�l. Lot Coverage b� Structur : limited to 1�%of lot area does not a h lot area>2 acres
�. Hardcover limitation • are annlicable/ re not aaalicable. 0-7�'zone-- 0°o allo��ed
75-250'zone=25°�o allo��ed 250-�00'zone—30°o allo�ced i00-1000'zone-��°o aUo��ed
6.✓ Municipal se�cer is available. Municipal se��er is not a��ailable:on-site s}stem testin��and d�si�_n must be
provided confirming that t���o confonning drainfield sires are available.
7. _ Wetland(s)present. R'etland is classitied as" ". A_' buffer from the edge of wetland and a?0' structure
setback from the bufter is re uired. `*Talk to Plannin De artment Staff for additional re uirements.
The undersigned prop y o��ner hereb}�ackno��led�es receipt ofthe above information. Staff lnitials
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al��/��� ��
Propert� er's Sienature Date
Form 7[)D—Re�is�d�-_'+-u� (OriginaL• Street File; Cop�•: Yroperh• O��•ner)