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HomeMy WebLinkAbout2014-026 Council ResolutionCITY 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 1NTER/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 WHEREAS, the Parties recognize that such a court resolution would be time consuming, lengthy, expensive, and uncertain; and WHEREAS, the Parties wish to avoid such a lengthy, expensive and uncertain resolution by entering into this Agreement, which constitutes a compromise of the various positions of the parties. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes That the Land Use 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 10th day of March, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Kusterman and upon vote being taken thereon, the following voted in favor thereof: Roeser, Kusterman, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: Jeff Rein , rayor Ju nne Bartell, City Clerk CITY COUNCIL AGENDA ITENYB STAFF ORIGINATOR: Michael Grochala MEETING DATE: March 10, 2014 TOPIC: Consider Resolution No. 14-26, Approving Land Use Agreement for 7309 Lake Drive, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to approve a Land Use Agreement with the owner and lessee of property located at 7309 Lake Drive. The agreement provides for the discontinuance of outside storage on the site by December 31, 2017. BACKGROUND On February 22, 2013, following receipt of resident complaints, city staff issued a Cease and Desist Order to Pinnacle Point, LLC, owner of property located at 7309 Lake Drive. The order required the discontinuance of the use of property for the exterior storage of shipping containers and construction trailers. The containers and trailers were being stacked three to four high approximately 30 feet in height across the 5 acre parcel. Exterior Storage is not allowed as the principal use of property in the LI, Light Industrial District. Discussions regarding compliance have been ongoing between the City, property owner and the current lessee, Mini Mobile, Inc. The owner has maintained that the use is consistent with the prior uses on the property and "grandfathered" in. The lessee has stated that they are not using the property to store containers but rather they are operating a container rental business. Following discussion at the September 3, 2013 work session the City Council requested further background on the property history, including review of the owners leasing information, and clarification of zoning requirements. This information was provided to the council at the January 6, 2014 work session. Staff also updated the council on a discussion with the owner's representatives and the City Attorney, held on December 5, 2013 to discuss options for compliance. The owner's representatives disagreed with the City's position and are seeking options for settlement as an alternative to any possible legal proceedings. In an effort to arrive at an outcome beneficial to all parties it was suggested that an agreement be considered that would allow for the existing use to continue on a temporary basis until a predetermined date. At that time the property would be brought into compliance with the ordinance provisions. The City Council indicated that they would consider such an agreement. In response the owner has worked with City Staff to draft an agreement that provides for the following: 1. Any outside storage on the property inconsistent with the city's zoning ordinance shall terminate as of December 31, 2017. 2. Owner and tenant will not challenge City's regulation of outside storage provided for the in the zoning ordinance after the Termination Date. 3. The City will not take any enforcement action against the property regarding outside storage prior to the Termination Date provided it is consistent with the terms of the agreement. 4. Outside storage will be confined to a specific area of the property, removed from Lake Drive. No other storage will be allowed except for up to 6 trailers, limited in length to 57 feet. 5. Stacking of portable storage units shall be limited to 2 high. There will be no stacking of construction trailers. 6. The Lake Drive side of the storage area will be screened in accordance with the screening requirements of the zoning ordinance. RECOMMENDATION Staff is recommending approval of Resolution No. 14-26 ATTACHMENTS 1. Resolution No. 14-26