03-10-14 Council Packet - Laserfiche WebLink

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CITY OF LINO LAKES RESOLUTION NO. 14-26 RESOLUTION APPROVING LAND USE AGREEMENT PROVIDING FOR TERMINATION OF OUTSIDE STORAGE WHEREAS, Pinnacle Point, LLC, a limited liability corporation organized under the laws of the State of Minnesota (“Owner”), owns that certain property located at 7309 Lake Drive in the City of Lino Lakes, County of Anoka, State of Minnesota legally described as follows: LOT 3 AUD SUB NO 54, TOG/W THAT PRT OF LOT 1 & 2 SD AUD SUB LYG S OF N 300 FT THEREOF & LYG NWLY OF WLY R/W LINE OF T H NO 49 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OF S LINE OF SD N 300 FT W ITH SD WLY R/W LINE, TH SWLY ALG SD WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63 FT TO INTER/W S LINE OF SD N 300 FT & SD LINE THERE TERM, EX RD, SUBJ TO EASE OF REC PID# 17-31-22-33-003 (“Property”); and WHEREAS, the Property is located in the City of Lino Lakes, a body corporate and politic (the “City”) and governed by the City’s ordinances and regulations as well as any and all applicable Minnesota state statutes; and WHEREAS, Mobile Mini, Inc. (“Tenant”) is a corporation organized under the laws of Arizona, which has entered into a Lease, dated March 17, 2011 with the Owner for portions of the Property, including a portion of the building located on the Property, together with the right of outside storage on three acres of the Property; WHEREAS, Tenant’s Lease terminates December 31, 2017; WHEREAS, Tenant is in the business of leasing out modular construction trailers and portable storage units used in the construction business and its Lease with Owner provides such portable storage units may be stacked three high in the outside storage it utilizes on the Property; and WHEREAS, the Owner, the City, and the Tenant, together constitute the “Parties” to this Agreement; and WHEREAS, while the present zoning ordinance of the City precludes outside storage as a permitted use in the industrial zone in which the Property is located, the Owner contends that such outside storage is a grandfathered-nonconforming use, which predates the existence of the City’s zoning ordinance provision precluding such outside storage; and WHEREAS, the City contests the Owner’s contention that the Property enjoys a grandfathered-nonconforming use and both the Owner and the City are prepared to submit this dispute to a court of competent jurisdiction for resolution; and