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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..