12-21-2011 Council Agenda - Laserfiche WebLink

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be executed and recorded, precluding the use of the boathouse as a residential dwelling. NOW 'MERL:FORE, JASON J. REISSNER COVENANTS AND DECLARES AS FOLLOWS: 1. The maintenance of two dwellings on the Property is not in compliance with the City's Zoning Ordinance, creating an illegal, nonconforming use. 2. The boathouse structure is a legal nonconforming accessory structure on the Property so long as it is not used as a dwelling. 3. The boathouse structure may not contain the three minimum components of a dwelling unit: cooking facilities, sanitation (bathroom) facilities, and separate sleeping quarters. Common small appliances (e.g. microwave, refrigerator) are allowed without breaching the restriction on "cooking facilities." Any water and sewer service to the boathouse must be connected to the utility services of the principal residence on the Property. 4. The boathouse may be maintained as an accessory structure, to include re- siding, re- roofing, window replacement, and similar structural maintenance. The boathouse may not be expanded. If the boathouse is removed, damaged, or destroyed, the Property owner can replace it if a building permit is obtained within 6 months of the loss, and work is completed within 12 months. 5. In the event of a default of the terms of this Declaration by Reissner, his spouse or a direct descendant, or any agent, successor, or assignee of same, the City has the right to enter the Property to abate the illegal, nonconforming use described in paragraph 1 by removing the features which make the boathouse a dwelling. The signatories to this Declaration agree and consent to the City's assessment the Property for the entire cost of the removal and cleanup in accordance with City nuisance- control ordinances, Minnesota Statutes, § 463.151 or successor statute, or similar provision of law, should such action become necessary under the terms of the Declaration. 6. This Notice and Declaration shall not impose any obligation or restrictions on the City. 7. This Notice and Declaration shall terminate and be of no further effect upon the fling by the City of a Certificate executed by the City, in which the City certifies that use of the boathouse as a dwelling has become a lawful use as a result of amendment of the City's zoning ordinance or change in the zoning designation of the Property. 8. The covenants, waivers and agreements contained in this Declaration shall bind the successors and assigns of Jason J. Reissner and shall run with the Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Ramsey County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and fling of this Agreement against the title of the Property. 2 9