Variance Agreement 924644
STATE OF MINNESOTA
AGREEMENT
COUNTY OF ANOKA
THIS AGREEMENT, between the City of Fridley (the "City" ) and
Donald McMillon and Kathy Jo McMillon, their successors, heirs,
ailsi assigns ( "The McMillons" ) is dated this 11-14. day of
-f'.GAO✓rlit✓I , 1991.
WHEREAS, Mr. Dennis Garner, tenant of The McMillons,
constructed a deck to a single family dwelling at 7119 Ashton
Avenue N.E. , legally described as Lot 6 , Block 2 , Hillcrest
Addition, Anoka County, Minnesota, and
WHEREAS, the above described deck extends into the side yard
eight ( 8 ) feet, in violation of the City Code, and
WHEREAS, the City is willing to grant a variance to the Code
requirement allowing the deck to remain, provided that it is
released from liability for such construction, and
WHEREAS, The McMillons, their successors, heirs, and assigns,
understand and agree that the variance is specifically
conditioned upon their agreement never to enclose said deck.
NOW, THEREFORE, The McMillons, their successors , heirs, and
assigns, hereby agree to ensure that the deck will not be
converted to living space and to hold harmless the City of
Fridley for any and all liability caused by the construction or
existence of the deck to the single family dwelling on Lot 6,
Block 2 , Hillcrest Addition, Anoka County, Minnesota.
IN WITNESS WHEREOF, the said parties have signed this
Agreement the day and year first written above.
CITY OF FRIDLEY
/
c., . William J. Ne
Its Mayor
BY: 4
>, William W. Burns
Its City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA
The forego' ng, instrument was acknowledged before me this
744-- day of , 1991, by William J. Nee, the Mayor,
and by William W. Burn the City Manager, of the City of
Fridley, a corporation under the laws of Minnesota, on behalf of
the corporation.
Art 40
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IN WITNESS WHEREOF, the said parties have signed this Agreement
the day and year first written above.
Ge,t,,edoefl4g /4tileeAr-ti
Donald McMillon
i `'1V4\
K. byf o C.cMillon
STATE OF 4.XAS
ss.
COUNTY OF Z,.,�cboo cK )
;he foregoing instrument was acknowledged before me this
22 day of (--g,beL,,�y , 1991, by Donald McMillon and
Kathy Jo McMillon.
Notary Public ,)
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THIS INSTRUMENT WAS DRAFTED BY: h,,t4e a• '�°.. <
Herrick & Newman
Suite 205
6401 University Avenue N.E.
Fridley, MN 55432
( 612 ) 571-3850
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