Loading...
HomeMy WebLinkAbout6.i. Approval to Temporarily Permit Two Principal Structures at 12523 Akron AvenueAGENDA ITEM: Approval to Temporarily Permit Two Principal Structures at 12523 Akron Avenue AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA 6 ATTACHMENTS: Draft Resolution, Applicant's Letter, Letter of Credit APPROVED BY: RECOMMENDED ACTION: Motion to adopt a resolution temporarily per ing two principal buildings on the property located at 12523 Akron Avenue, subject to conditions. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date June 6, 2006 EXECUTIVE SUMMARY SUMMARY Apphcant Property Owner(s). Location: Area m Acres• Comp Guide Plan Desig: Current Zoning: Mr Richard Cliff 12523 Akron Avenue 76.89 Acres LJR Urban Residential AG Agriculture The applicant, Mr. Richard Cliff, requests permission to temporarily permit two single family dwelling units on his property located at 12523 Aron Avenue (see attached letter). The subject property is approximately 76 acres m size. While it is zoned AG Agriculture, the Future Land Use map designates the site as Urban Residennal This request is necessary because Section 11 -2 -2.B of the zonmg code allows only one principal building per lot. BACKGROUND Mr. Cliff wishes to construct a new single family home on his existing 76 acre property. He would like to continue living in the existing home until the new home is completed late this year. Should the City grant his request, Mr. Cliff agrees to either remove or relocate the existing house within 90 days of receiving the Certificate of Occupancy for the new home To this end, Mr. Cliff has provided a $10,000 letter of credit to ensure the City has the financial means to remove the existing building should circumstances prevent resolution of this issue within the 90 day window. Mr. Cliff's preference would be to relocate the existing home to another site so Habitat for Humanity may rehabilitate it through their program The applicant is still working with Habitat for Humanity to finalize this plan. Should Mr. Chff be unable to finalize a deal to relocate and rehabilitate the existing house it will be demolished and removed from the site either by the applicant or by the City. RECOMMENDATION Staff recommends approval of the applicant's request to temporarily permit two single family dwelling units on his property located at 12523 Akron Avenue. By ordinance, each property may contain only one principal building This recommendation is based on the findings that the applicant wishes to live in his existing home while Ins new home is completed late this year and has pledged to demolish or relocate the existing house within 90 days of receiving a Certificate of Occupancy for the new house. As a security to this pledge; the applicant has provided the City with a $10,000 letter of credit 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING RICHARD CLIFF'S REQUEST TO TEMPORARILY PERMIT TWO PRINCIPAL BUILDINGS ON THE PROPERTY LOCATED AT 12523 AKRON AVENUE WHEREAS, the Community Development Department of the City of Rosemount teceived a request from Richard Cliff for pernussion to temporarily permit two single family dwelling units on his property located at 12523 Akron Avenue, and WHEREAS, Section 11 -2 -2.B allows only one principal building per lot; and WHEREAS, Mr. Cliff wishes to construct a new single family home to replace his existing single family home and further desires to remain living m the existing home until completion of the new home later this year; and WHEREAS, Mr. Chff has agreed to demolish or relocate the existing home within 90 days of receiving a Certificate of Occupancy for the new home; and WHEREAS, Richard Cliff provided the City with a $10,000 letter of credit as a security to remove the existing home should circumstances prevent him from meeting this pledge, and WHEREAS, on June 6, 2006 the City Council of the City of Rosemount reviewed Mr. Cliffs request and agreed with the above findings NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the request from Richard Chff, subject to: 1. The applicant shall demolish or relocate the existing residence within 90 days of receiving the Certificate of Occupancy for the new residence. If for any reason the applicant cannot demohsh or relocate the existing residence within the allotted tune, the City may take such action and redeem the applicant's letter of credit to cover any and all expanses. 2. The applicant provide a letter of credit as financial guarantee to removal of the existing residence within 90 days of issuance of the Certificate of Occupancy subject to approval by the City Attorney ADOPTED this 6th day of June, 2006 by the City Council of the City of Rosemount ATTEST: Amy Domeier, City Clerk William H Droste, Mayor aa ©0o rY10 3 02..t cdt rOa t aza- 1 0 BENEFICIARY CITY OF ROSEMOUNT ATTN: COMMUNITY DEVELOPMENT IRREVOCABLE LETTER OF CREDIT The First State Back of Rosemount 3025145th St W P 0 Box 079 Rosemount MN 55068 -0479 (651) 923 -1121 "LENDER" ADDRESS 2875 145TH STREET W ROSEMOUNT MN 55068 TELEPHONE NO IbEWfFC/t71CNNe (651)423 -4411 CUSTOMER RICHARD W CLIFF, JR DIXIE LEE CLIFF ADORES$ 12523 AKRON AVE ROSEMOUNT, MN 55068 TELEPHONE NO- IOEWMGAIIONM0 (651)423 -2654 476 -40 -3820 NO.: 5912101 EXPIRATION DATE This Letter of Credit shall expire upon the earlier of 1 the close of business on May 26 2007 and all drafts and accompanying statementsor documents must be presented to Lender on or before that time, or 2 the day that Lender honors a draw under which the lull amount of this Letter of Credit has been drawn Lender hereby establishes al the request and for the account of Customer, an Irrevocable Letter of Credit in laver of Beneficiary for a sum of Ten Thousand and no /100 Dollars 10, 000.00 These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary 01 sight drafts drawn on Lender at Lender's address indicated above (or such other address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below WARNINGTO BENEFICIARY PLEASE EXAMINE THIS LETTEROF CREDITAT ONCE IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER,YOU SHOULD CONTACT THE CUSTOMER I MMEDI ATELYTO SEE IF THE LETTER OF CREDITCAN BE AMENDED OTHERWISE,YOU WILLRISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURETO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN 1 DRAFT TERMS AND CONDITIONS Lender shall honor drafts submitted by Beneficiary under the following terms and conditions 1. YOUR STATEMENT, SIGNED BY AN OFFICIAL OF THE CITY OF ROSEMOUNT THAT RICHARD CLIFF JR AND DIXIE LEE CLIFF HAD FAILED TO MOVE OR DESTROY HOUSE LOCATED AT, 12523 ADRON AVE, ROSEMOUNT MN 55068, WITHIN 90 DAYS AFTER OCCUPANCY OF NEW HOME LOCATED AT SAME ADDRESS. 2. COPIES OP RELATIVE INVOICES MUST ACCOMPANY DRAFTS. ALL BANK CHARGES WITH THIS LETTER OF CREDIT ARE THE RESPONSIBILITY OF RICHARD CLIFF JR AND DIXIE LEE CLIFF. ALL DPAFTS DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: DRAWN UNDER TEE FIRST STATE BANK OF ROSEMOUNT LETTER OF CREDIT #5912101. Upon Lender's honor of such drafts, Lender shall be fully discharged of its obligations under this Letter of Credh and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn 11 a non conforming demand is made, Lender shall notify Benefciary of its dishonor on or before the time specified in Paragraph 5 below Beneticiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on ds face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation any nonapplicahon or misapplication by Beneficiary of the proceeds of such payment By presenting upon Lender or a confirming bank, Beneficiary certitiesthat Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount 2 USE RESTRICTIONS All drafts muse be marked "DRAWN UNDER The Fir State Bank of Rosemount IRREVOCABLE LETTER OF CREDIT 0912101 May 26, 2006 and the amount of each draft shall be marked on the draft Only Beneficiary or Beneficiary's Transf eree (if this Letter of Credit is transferable)may complete a draft and accompanying statements or documents regwred by this Letter of Credit and make a draw under this Letter of Credit This original Letter of Credit must accompany any draft drawn hereunder Partial draws are permitted are not permitted under this Letter of Credit Lender's honor of a partial draw shall correspendingy reduce the amount of credit available under this Letter of Credit Following a partial draw Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon, in the alternative,and in ifs sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s) 3 PERMITTED TRANSFEREES C It checked, this Letter of Credit may be transferredby Benetiaary upon prior wntten notice to Lender of the transfer The Transierne shall be deemed the new Beneficiary of this Letter of Credit and the documents of the Transferee includ ng drafts required under this Letter of Credit, will be processed by Lender (or any intermediary)without the original Beneficiary s intervention and without any further obligation of Lender to the original Beneficiary If checked, the right to draw under this Letter of Credit shall be nontransferable, except for A A transfer (in its entirety, but not in part) by direct operation of law to the original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator successor, or other representative at law, and 8 The first immediate transfer (in its entirety, but not in part) by such legal representatmeto a third party alter express approval of a governmental body (Judicial, administrative, or executive) W,ST002 Technologies Ise (81198) (00)9373790