HomeMy WebLinkAbout2022-10-12 Sideyard Setback Agreement AGREEMENT&UNDERSTANING
The Applicants(being known as Judd Andrews;Jay Andrews Jr.,JD Properties 1,LLC and Andrews Brothers Properties,LLC)have
requested a late-change In a Project being the widening of the STOARGE AREA element of their a Car Wash building to be located
along 60Th Street N.located in the City of Oak Park Heights(the City)and directly east of 14447 60th Street N.
This Car Wash was permitted via the issuance of a CONDITIONAL USE PERMIT and related documentation by the City Council as
outlined in City Council Resolution 22-08-27,
With the widening of that element of the building,it results in an encroachment of two(2)feet into the required ten(10)toot side yard
setback resulting proposed setback of not less than 8 feet,
To address this encroachment,the Applicants may seek a lot line amendment as may be permitted under the City's Minor
Subdivision 402 Ordinance-moving the current lot line to the west two(2)feet.Such Minor Subdivision is largely administrative and
if meeting the'required rules may not be unreasonably denied,This however will require the securing of a number of surveys,re-
establishment of drainage and utility easements each of which results in expense and loss of time.
Alternatively,the Applicants may seek'an amended Conditional Use Permit with the City Council following the required public process,
public hearings and a final decision by the City Council,which may not be until November 2022 following the City review process-but
only after a complete submission was filed.
The Applicants have instead requested if the City will administratively grant the two(2)foot encroachment and the City will grant
under the following conditions:
1. The City will grant the two(2)foot encroachment,but only for the specific building element,all other curbs,driveways,sidewalks and all
other elements shall remain as approved.This two(2)foot encroachment is shown in the attached"Exhibit K to this Agreement.No other
authorities are granted or implied with this.
2, The Applicants do(jointly and each severally)waive any and all liabilities that may be applicable to the City associated with any future
encroachment loss that may result due to the use of the administrative process or as a result of the reduced setback.The City may in its
sole discretion and at any time seek further Agreements or Documentation related to this request which shall be complied with by the
Applicants;failure to comply will allow the City to seek other legal relief(et the expense of the Applicants)related to the setback to compel
compliance with the initial ten-foot(10')setback.
3. The Applicants shall he required to perform the Minor Subdivision at any time as may be required by the City at their sole expense
creating the new lot lines as required under the City's current 402 Minor Subdivision process.
4. The Applicants(including their assigns and in perpetuity)shall protect,indemnify and hold-harmless the City from any and all losses or
damages resulting from the application and/or use of this administrative process to amend the setback to eight(8)feet.
5. This Agreement and Understanding will separately recorded against the title/deed of the related parcels being:0402920210012 and
0402920210013(or as may be amended or corrected)
T)ie'above is a,gre-a ay e Apt icants and City:
Date
'r. 1dd Andrews _
%•,"" Date fUi/f ) Z,
Mr 'no e � —
_ . i, Date 1 a/I I/�
ndre Properties,LLC
./ Date t 01
E Jo, son,City Administrator-City of Oak Park Heights
EXHIBIT A—TO Agreement and Understaning
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