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9.b) Agreement with Joseph and Amy Childers for Secondary Residence Meeting Date: 11/16/2010 Agenda Item: � 6� City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider extending an agreement with Joseph and Amy Childers, 10861 Mayberry Trail, allowing a secondary residence on their property. Deadline/Timeline: N/A Background: • In 2005, a second, free-standing residence was constructed on the Childer's property in violation of the Development Code. • The Township and the property owner entered into an agreement which allowed them to retain the structure as a residence for an elderly family member for up to 5 years, until the family member no lived there, or until the property was sold, whichever occurred first. The 5-year period ends December 6, 2010. • At the end of the agreement, the Childers were to bring the property into compliance with the code by disconnecting the sewer system from the building so it could no longer be occupied as a residence. A letter of credit in the amount of$5,000 was required to guarantee that this would happen. • Mr. & Mrs. Childers have asked that the city extend the agreement to allow the residence to be occupied for up to 10 years or the death of their mother, whichever occurs first. • Extension of the agreement appears to be the proper procedure, if the Council wishes to extend the time limit for use of the structure. The recently-adopted Development Code allows for an Interim Use Permit (IUP) for"Temporary Dwelling Unit- Care Facility." However, the existing structure does not meet the definition in the code, which is a"manufactured home." Issuance of an IUP would require a public hearing. Recommendation: If the Council determines that the agreement should be extended, staff recommends: 1. that the City Attorney be directed to prepare a new agreement to be recorded at Washington County, specifying the terms of the extension. The terms should include continuation of the $5,000 letter of credit to guarantee disconnection of the dwelling from the sewer system and conversion of the structure to a conforming use(and accessory building) at the Page 1 of 2 11/08/10 . � end of the time limit, when the family member ceasing to occupy the dwelling or upon sale of the property, whichever occurs first; and 2. that the Childers shall be required to pay the city's costs for preparing and recording the new agreement; and 3. that the Mayor and Administrator/Clerk be authorized to sign the agreement on behalf of the City. Attachments/ • Letter dated November 4, 2010 from Joseph and Amy Childers Materials provided: . Letter dated September 27, 2010 from Administrator Anne Hurlburt to Joseph and Amy Childers • Agreement dated December 6, 2005 Contact(s): Joseph and Amy Childers (651 433-5606) Prepared by: Anne Hurlburt, Administrator (Childers Agreement Extension) Page 2 of 2 11/08/10 ' � t�ECEtVE� . �Q� -5 �01� CITY OF S ANDfA , � � ,- - _ _ _ � . - , _ _ - r � _ C�E�I� c�. - .� �_ lC���S �J�� . __ __ - -- --- _ �,�C, � "� � 1 �(' ���t,� d�' e�.,fY� . , _ _. . _ __ _ ___ _ . _ � . _ _ . m�-:-� _ �._, _ ���, i � . - , . - _ -- - - , _ _ __ ___ _ __ (��� �,�'1 C e �C� i _ �%u- - � __ ------ _ . _ _ __ _ _ _ _ _._. _ _.�___ � _ . �Q... ��_- �j��,Y. . _- _. _ - . _ . __ _ _ _ � e-�YL _ _ . _ _ _ _ _ . _ . �x�e�d - �- ___I� �s__��-- . _ � � _ � � . _ _ __ � _ _ _- _ _. . - , _ C`�-� �t� �'lc���� __t�1���h _ __ e�e�r �� ��� ; _ � m�__ l.��� __ �_:I_1 _I_:: _ : _ -�e� _. � �. � �.� � � __ _ ______� __ _ ___ __ ___ .._ _ _ _ __ _ .__ ._ ..,__ _ _ _. � - _ _ _ _ _ _:__ � - - ��� �naCQ� _ _�___ � _----- - --- -. .____. -- -� . _ _ __ _ _ � _ __ _. _-- --- -- _ , _ � �� _ _ --_ __ _ _ _--- __ _ - - � Y'� - - - -_ _ _ ___ _.__ ___ _ .- ----- __ - - _ __ _ _ _ : __ ----- . : _ _--___ ____. _ � , ___ __ _ .. ------------- , ----_----_ ___. . __ ___ . __ __ _ _ ._- -. _ ___ _ _ __ _ _._ --- ____ - - - � _.. -- `�3�� ��a� September 27, 2010 Joseph and Amy Childers 10861 Mayberry Trail Marine on St. Croix, MN 55047 ,; ,, ������� �r� 'IY3.��.:. Dear Mr. & Mrs. Childers: You have inquired about the status of the agreement and letter of credit between yourselves and New Scandia Township/the City of Scandia regarding the secondary residence that was constructed on your property in violation of the Development Code in 2005. I have reviewed the file, and found the following: • The Agreement (dated December 6, 2005 and filed as document number 3562393 in the office of the Washington County Recorder) requires that "on or before five years from the date hereof, or on or before the current resident of the secondary residence ceases to occupy the residence as her principal place of abode, or upon sale of the property, whichever shall first occur, Owners shall bring their property into compliance with the Town Development Code..." The agreement specifies that the secondary residence to disconnected from the septic system and not be used as a residence. It also states that the accessory buildings must be reduced in size to meet the code requirements. • To secure compliance with the agreement, a financial security of$30,000 was initially required. A letter of credit from The RiverBank was submitted. Our records in indicate that on April 18, 2006 the Town Board authorized reduction of the letter of credit to $5,000, after finding that the size of the accessory structures was in compliance with the code. A replacement letter of credit, which expires on June 6, 2011 was issued by The RiverBank in the new amount (see copy enclosed.) The deadline to bring the property into compliance with the code is fast approaching. If you continue occupancy of the secondary residence and do not disconnect it from the septic system by December 6, 2010, you would be in violation of the agreement. If you wish to ask the City September 27,2010 Page 2 of 2 Council to extend the agreement, you should submit a request as soon as possible—not later than November 1, 2010—so that the Council could act on it no later than their November 16, 2010 meeting. A request to extend the agreement should be submitted in writing. We would need to know when you propose to bring the property into compliance so that a new deadline may be determined. Unless you can show that the cost of bringing the property into compliance would be significantly less than $5,000, we will recommend that the current letter of credit be continued through the extension period. We will also recommend that you pay any costs to process the extension (such as attorney's fees to prepare the new agreement and recording costs.) If you do not wish to apply for an extension, I recommend that you notify staff as soon as you have disconnected the secondary dwelling from the septic systeirt. The Building Official would inspect to verify that the property is in compliance, and we would then recommend that the City Council release the letter of credit. I hope that this clarifies the status of the agreement. Please call me at 651 433-2274, or contact me by e-mail (a.hurlburt(c�r�,ci.scandia.mn.us) if you have any questions. ;� Sincerely, .,� ; ���. . r�s A k�$.°� ,.4� � ... . P�k � �•P� . :d'��y � Anne Hurlburt a�^- ` �°� City Administrator �� �,.. �,� �`� � .� � �,. �-, Enc. �',��� cc: Mayor and City Council David Hebert, City Attorney Steve Thorp, Building Official/Maintenance Supervisor 35623�3 � ; R �E�T I�IIIIII �� E� IIIIIIII IIIIIIII ��IIII .� IIII�� IIIII� ��� II This Agreement is made this �� day of December, 2005, by and between Joseph D. Childers and Amy L. Childers, husband and wife, 10861 Mayberry Trail, Marine On St. Croix, MN 55047 (the "Owners") and New Scandia Township, 14727 209�' Street North, Scandia, MN 55073 (the "Town"). RECITALS 1. Qv��ne�s are the owners of the property described on Exhibit A attached. The pro�erty consists of 15.77 ac�es. 2. The property is improved with a primary residence and an accessory building which is 2,048 square feet in size. 3. The Owners have caused to be constructed on the property an additional accessory building which is 676 square feet in size and which has been irnproved to be used as an additional residence. 4. The secondary residence is connected to the well and septic system serving the primary residence. 5. The secondary residence was constructed without a building permit and is in violation of the Town Development Code which permits only one residential unit per residential site. 6. The Owners acknowledge that they constructed the secondary residence without a building permit and are in violation of the Development Code of the Town. 7. Ths Town has dernanded that the pr�perty 5s brought into compliance with the Town Code and the Owners have agreed to bring their property into compliance on the terms and conditions hereinafter stated. I�ow, therefore, in consideration of the mutual covenants and conditions herein stated, the parties agree as follows: 1. The Owners shall, upon execution of this Agreement, pay to the Town the amount of $2335.92 as a civil penalty for the unlawful construction of the secondary residence on the property. The Owners shall pay any attorneys fees and/or costs incurred by the Town in the preparation and enforcement of this Agreement. 2. On or before five years from the date hereof, or on or before the current resident of the secondary residence ceases to occupy the residence as her principal place of abode, or upon sale of the property, whichever shall first occur, Owners shall bring their property into compliance with the Town Development Code as follows: a) The secondary residence on the property shall be disconnected from the septic system and shall not be used as a residence for persons. The structure shall be used for only those purposes which are permitted under the Development Code. b) The presently existing accessory structure and the secondary residence shall be reduced in size to the point that the total square footage of the accessory structure and the secondary residence shall not exceed the permitted square footage of accessory structures permitted under ii�e Development Code. 3. To secure compliance with this Agreement, Owners shall post with the Town Clerk a Letter of Credit or other financial security satisfactory to the Town Board in the amount of$30,000.00 conditioned upon the Owners' compliance with this agreement. In the event that the Owners fail to comply with this Agreement, the Town shall have the right to enter upon the property, remove the secondary residence from the property by demolition, if necessary, and charge the cost thereof against the financial security. The Owners hereby grant to the Town a license to enter upon the property for the purposes of enforcing this Agreement. The financial security shall be automatically renewable and shall extend for a period of five years and six months from the date of this Agreement, or until such eartier time as the financial security is released by the Town. In witness whereof, the parties have hereunto set their hands this��- day of December, 2005. NEW S IA TOWNSHIP: By � -; � ' ,��'' gy D r�(r�r� D. Seefel t, Dolores Peterso , � �r Town Board Chairman Town Clerk OWN�RS: 1� � r�,,� // ,, ., r , .loseph . hilder-s �� " my L. Iders STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowiedged before me on December �_, 2005 by Dennis D. Seefeldt and Dolores Peterson, the Chairman and Clerk of New Scandia Township on behalf of the Town Board of New Scandia Township. � _, - _ __ . < .,�,��,,�„ - . ''.nl I FFi: F'� ;iti �� ��r1TARYP1I�UC r��n�n=��Tn Notary Public , � t•:,'.;,; 'y Gommission ExD��es Jan ,1 i010 ���r� �� ��'�+•�$�6� ' �Y�6�t�,I�e.3S,Z0t0 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on December � , 2005 by Joseph D. Childers and Amy L. Childers, husband and wife. ��� �- Notary Public DRVID K. HEBERT � NOTARY PUBLIC-MINNESOTA - I�y Commission�zpites Jan.31,2010 � This instrument was drafted by: David K. Hebert Hebert and Welch, P.A. 20 North Lake Street, Suite 301 Forest Lake, MN 55025 Telephone: 651-464-3397 Fax: 651-464-8664 � � TAX LEGAL FOR 3003220120011: ;� All that part of the Northwest Quarter of the Northeast Quarter (NW '/. of NE '/) Section Thirty (30), Township Thirty-two (32), Range Twenty (20), described as follows: Commencing at the northwest corner of said quarter-quarter section; thence North 89 degrees 06 minutes 26 seconds East, assumed bearing, along the North line of said quarter-quarter section 895.48 feet to the centerline of Mayberry Trail North; thence Southwesterly along said centerline 40.66 feet, said centerline being a nontangential curve concave to the southeast, having a radius of 5,116 feet, a center angle of 00 degrees 27 minutes 19 seconds and the cord of said curve bears South 42 degrees 59 minutes 55 ser,onds Wes# to the intersectio� v�rith a (ine wF�ich is 29.30 feet south of and parallel with the norti� line of said quarter-quarter section; thence North 89 degrees 06 minutes 26 seconds East along said parallel line 441.98 feet to the point of beginning of the part to be described; thence North 89 degrees 06 minutes 26 seconds east along said paralle! line 16.37 feet to its intersection with the East line of said NW '/< of the NE '/; thence South 00 degrees 31 minutes 19 seconds West along said East line 1,283.84 feet to the South line of said quarter-quarter; thence South 89 degrees 09 minutes 30 seconds West 1,274.40 feet to the easterly right-of-way line of Manning Trail North; thence North 00 degrees 59 minutes 21 seconds East along said right-of-way line 427 feet to the Southerly right-of-way line of Mayberry Trail North; thence North 71 degrees 32 minutes 13 seconds East along said right-of-way line 15.81 feet; thence Northeaste�ly continuing on said right-of-way line 306.34 feet along a tangential curve concave to the northwest having a radius of 565.03 feet and a central angle of 31 degrees 03 minutes 48 seconds; thence North 40 degrees 28 minutes 25 seconds east along said right- of-way line 294.36 feet; thence South 50 degrees 43 minutes 51 seconds East 507.43 feet; thence North 27 degrees 19 minutes 12 seconds East 898.63 feet to the point of beginning, ExczNt that pa�t lying f�ortherly, Narthwesterly an� Southweste;!;� of the fo!lowing descr�be� 1ine: Commencing at the intersection of the South line of said NW '/ of the NE '/ and said Easterly right-of-way line of Manning Trail North; thence Northerly along said Easterly right-of-way line a distance of 300 feet to the point of beginning of the line to be described; thence Southeasterly deflecting to the right 103 degrees 16 minutes 56 seconds a distance of 577.68 feet; thence Northeaste�ly deflecting to the left 94 degrees 25 minutes 18 seconds a distance of 271.33 feet; thence Northwesterly deflecting to the left 46 degrees 04 minutes 05 seconds a distance of 160.74 feet; thence Northeasterly deflecting to the right 61 degrees 54 minutes 40 seconds a distance of 140.40 feet; thence Northwesterly deflecting to the left 76 degrees 25 minutes 26 seconds a distance of 179.55 feet to the Southerly � right-of-way line of Mayberry Trail North and said line there terminating.