HomeMy WebLinkAbout2016-104 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 16-104
RESOLUTION APPROVING ACCESSORY STRUCTURE AGREEMENT FOR
177 WHITE PINE ROAD/CHAVEZ PRESERVE
WHEREAS, Royal Oaks Realty, Inc., a Minnesota corporation ("Owner"), owns land in
Lino Lakes legally described as follows ("Property"):
That part of Lots 1 and 2, Block 1, ARTHUR E. THOM ACRES,
Anoka County, Minnesota, lying westerly of the East 100 feet thereof; and
WHEREAS, the Owner is in the process of subdividing the Property in a plat to be
known as Chavez Preserve.; and
WHEREAS, at the time Owner acquired the Property, it contained a house and two
garages;
WHEREAS, Owner intends to demolish or move the home, but desires to keep the
garages temporarily for storage; and
WHEREAS, retaining the garages in the absence of a home results in an unlawful non-
conformity because the City's Zoning Ordinance prohibits accessory structures in the absence of
a principal structure; and
WHEREAS, the City and Owner desire to enter into an agreement that will allow for
temporary use of the garages, but set a deadline for their removal,
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
the Accessory Structure Agreement, attached hereto as Exhibit A, is hereby approved and the
Mayor and City Clerk are hereby authorized to execute the agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Kusterman and was duly seconded by Council Member Mathey and upon
vote being taken thereon, the followingvoted in favor thereof:
Kusterman, Manthey, Ratferty, Maher, Reinert
The following voted against same:
none
ATTEST:
Ju 1. n Bartell, City 1 lerk
Jeff Reine , Mayor
ATTACHMENT A
Accessory Structure Agreement
ACCESSORY STRUCTURE
AGREEMENT
This Agreement is entered into by and between the City of Lino Lakes, a
Minnesota municipal corporation, and Royal Oaks Realty, Inc., a Minnesota corporation
("Owner"), effective as of the latest signature date set forth below.
Recitals
1. Owner owns land in Lino Lakes legally described as follows (the "Property"):
That part of Lots 1 and 2, Block 1, ARTHUR E. THOM ACRES, Anoka
County, Minnesota, lying westerly of the East 100 feet thereof.
2. Owner is in the process of subdividing the Property in a plat to be known as
Chavez Preserve.
3. At the time Owner acquired the Property, it contained a house and two garages.
4. Owner intends to demolish or move the home, but desires to keep the garages
temporarily for storage.
5. Retaining the garages in the absence of a home results in an unlawful non-
conformity because the City's Zoning Ordinance prohibits accessory structures in
the absence of a principal structure.
6. The City and Owner desire to enter into an agreement that will allow for
temporary use of the garages, but set a deadline for their removal.
Agreement
1. Within 14 days of the effective date of this Agreement or at the time of issuance of
a building permit for demolition (whichever date occurs first), Owner shall escrow
with the City $5,000 for each of the two garages, for a total of $10,000. No
interest shall accumulate on the escrowed funds.
2. The Chavez Preserve lots that contain all or part of a garage subject to this
Agreement, or the Property or any portion thereof if it is not platted, cannot be
conveyed to a third -party unless and until the garage is demolished and all
remnants of the demolition are removed from the Site.
3. In no event shall the garages subject to this Agreement remain on the Property
later than one year from the date of fmal plat approval for Chavez Preserve, or 18
months from the effective date of this Agreement, whichever is later.
4. Prior to demolition, owner shall obtain a demolition permit for the garages in
accordance with City Code.
5. In the event one or both of the garages are not demolished pursuant to the terms of
this Agreement, the City may retain the services of a contractor and have the
structures demolished. Owner hereby provides the City and its agents license to
enter upon the Property to effectuate the terms of this Agreement. The City may
withdraw funds from the escrow to pay for demolition of the structures. The City
shall provide Owner with documentation detailing any expenditure of funds from
the escrow.
6. Owner shall comply with the City Code restrictions on exterior storage on the
Property. Violations of the exterior storage ordinances may result in immediate
termination of this Agreement, requiring immediate removal of the garages.
7. The undersigned warrant they have authority to enter into this agreement and bind
their respective parties.
CITY OF LINO LAKES
By: Date:
Jeff Reinert, Mayor
Attest:
Julianne Bartell, City Clerk
ROYAL OAKS REALTY, INC.
By: Date:
Marcel Eibensteiner
Its:
L..