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Home My WebLink About#4626-variance-2001 / O ' V O O b. CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 0 NO. 462 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND SECTION 10.56, SUBDIVISION 16 (C)(6), FILE NO. 2665 WHEREAS,Glen D.Nelson and Marilyn C.Nelson,husband and wife,(hereinafter "the,applicants") are the owners of the property located at 500 Tonkawa Road within the City of Orono (hereinafter "the City") and legally described as follows: Tracts B and D, Registered Land Survey No. 1305, Hennepin County, Minnesota. (hereinafter"the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C)(6)to permit a residential addition to encroach 20 feet into the average lakeshore setback. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 19,2001,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 42665. 2. The property is located in the LR-1B Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 164,546 s.f.or 3.77 acres. 3. The Orono Planning Commission reviewed this application on March 19,2001 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1970. Page 1 of 5 . '� ' � O . � ' V • O O �b. - . CITY of ORONO � � �',� G'� RESOLUTION OF THE CITY COUNCIL �9kESI3�4�' NO. � s � � . B. Structural lot coverage is not an issue with the property consisting of over 3 acres. C. The average lakeshore setback is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the addition. D. The hardcover in the 250-500' setback zone will decrease from 27,112 s.f. (36.4%)to 25,586 s.f. (34.3%)but over the allowed 22,314 s.f. (30%). Not all the hardcover in the 75-250' setback zone is being used and the credit is being transferred to the 250-500' setback zone 4. The City Council finds that the conditions e�sting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect tra�c conditions, light, air, nor pose a fire • hazard or other danger to neighboring property; would not merely�serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS � � � Based upon one or more of the above findings, the Orono City Council hereby grants a, � variance to Municipal Zoning Code Section 10.22,Subdivision 1 (B)and Section 10.56,Subdivision 16 (C)(6) to allow a residential addition to encroach 20 feet into the average lakeshore setback. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. � • Page 2 of 5 .V _ ' �O ' � � � O O ��b. - CITY of ORONO � � � �� '� RESOLUTION OF THE CITY COUNCIL ��kESH�4'� . NO. 4 s � � � resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2: Authorities granted by this variance run with the properry not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that . date (March 26, 2002). 3. . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read,understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. • Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of March, 2001. ATTEST: �az-�-�-c�C� �o ae �_ L' . , � � , �� Barbara A. Peterson, Mayor ,-r�� orx � �f?e / (�.�P o,�C�.YY1��s�c� , (�/� �r� �v�-�RC�. Property Own (s) STATE OF MINNESOTA ) . ' . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March,2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • Page 3 of 5 MAR1'ANNJOHNSON NOTARY PU611�.MINNESOTA �'�'�bn ExWres Jan.31�Z005 < . yy, 1 �/1 O�r 7 I • O O ��b. - CITY of ORONO a � �� G'� � RESOLUTION OF THE CITY COUNCIL ��kESH�4'� . NO. 4 s ,`� � Notary Public STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this /3 fh day of ��Ri� , 2001,before me a Notary Public within anc� � for said County,personally appeared �e4t�i�R J �asste qs A�tu.z�eY�N Fa�f��c �'��N�iciiowri on a� � to me to be the person(s)described in and who executed the foregoing instrument,and acknowledgedm��a, that he (they) executed the same as his (their) free act and deed. ��"� � .�Q �Qe�e, � • MARY ANN JOHNSON ��J `�'�-� "�`�:�`'-: . !'�, NOTARY PUBLIC-M�NNESOTA NOt Publi � �1M ��_"T""__.I8II.3�� • STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this day of ,2001,before me a Notary Public within and for said County,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public � Page 4 of 5 i� _ .. ,. 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'_ �: C s •__ :S3C� a, � .:�r.�. _v r . _ _ � �.r__ --�3t�__, __ a .. _ _ - -_ Page 5 of 5 f .. \ • ' � . . . .' . . . � ��b.y W � � , . � �`�'�� p � A� � � � . . � � �i' �'� 'p N n N � � . , ' . O �� Op � y't . � "�1 fAn� �Q w `J Ue ^'�1 . . CD v� y . . � (D Cn Na�i � ti � • . . . ' " . . y �"' � X z � �. ' � O�G � . � . . . • � � O L� �jj CfJ ! . ' , � � .. . ' � � W!D. r� . . o r . . g o� . . . . : �S � . . . • � G�; � � � . . . � . � � . . � i-; � . � � � " n � � . � � ° z . .t, a � z . , � . . � � . . . . � . . a � • DURABLE POWER OF ATTORNEY We, MARILYN C. NELSON AND GLEN D. NELSON, hereby appoint HEATHER J. MASSIE, as our lawful Attorney-in-Fact'(herein designated as "attorney"). , 1. ScoQe and Duration. This power of attorney shall be construed as a general � � power of attorney, effective from the date it is executed until May 31, 2001, unless revoked in � writing by me prior to such time. . 2. � Disabilitv. This power of attorney shall not be affected by our disability or � incompetence. � 3. Limited Power. Our attorney shall have the limited power to execute the documents necessary to obtain a Builder's Permit for the addition to our home which is located at 500 Tonkawa Road, Orono, Minnesota on behalf of us, as fully as we could do if personally present. . 4. Exoneration of Attorney-in-Fact. Our attorney shall be deemed to have acted within our attorney's authority, to have exercised reasonable care, diligence and prudence, and to have acted impartially as to all persons interested in our estate unless willful misconduct or gross negligence is proved by affirmative evidence. �. Revocabilitv. We reserve the right to amend or revoke this power of attorney, • while competent, by an instrument signed, witnessed and.,acknowledged by us and delivered to our attorney at any time. 6. Inducement Reliance. All persons dealing �vith our attorney may rely conclusively upon the original or a photocopy of this document. For purposes of inducing any bank, broker, custodian, insurer, lender, transfer agent, and any other party to act in accordance �vith the powers granted in this power of attorney, we hereby represent, warrant and agree that if this power is terminated for any reason, we (and our heirs, legal representatives, successors and assigns) will hold such party harmless from any loss suffered or liability incurred by us or our estate and will indemnify such party of any loss or liability incurred by such party in acting in accordance with this power of attorney prior to such party's receipt of written notice of any such termination. 7. � GovernineLLaw. •This power of attorney shall be governed by Minnesota laws in all respects, including its validity, construction, interpretation and termination. If any provision is determined to be invalid, such invalidity shall not affect the validity of any other provision. ' • Page 1 of 3 � �� . �� IN WITNESS WHEREOF, we have hereunto set our hand on this �_�day of April, • 2001. In the Presence of: . � �� Witness Maril C. lson ' - .;�� - I . Witness � Wit ss � � Glen D. elson � Witn ss • STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) . � ' • On this /��r�' day of , 2001, before me, a notary public within and for said county, personally appeared MARILYN C. NELSON, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. � �� (Notarial Seal) N ary Public ■ ■ JOAN E.NELLAND STATE OF MINNESOTA ) , : F.ncoM�s�',aES,�;� . . ) SS. � ■ . .. . : � COUNTY OF HENNEPIN ) - � � � � On this I3� day of �pi'i � , 2001, before me, a notary public within and ' for said county, personally appeared GLEN D. NELSON, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. �l Cd.'�,� L - ��2�(�{� (Not ' Notary Public • �:,��r�:� NICOLE L HEUER.. . . . � HOTAAY PUBUGMINNESOTA �'•....•° �fYCa►►t►�issbnExpi�,s,kn.31.2005 ' Page 2 of 3 � ACCEPTANCE OF APPOINTMENT AS • ATTORNEY-IN-FACT AND SPECIMEN SIGNATURE The undersigned, HEATHER J. MASSIE, does hereby agree to act as Attomey-in-Fact for MARILYN C. NELSON AND GLEN, D. NELSON pursuant to the provisions of the Durable Power of Attorney dated�� .� 1 �j , 2001. . . _� , � � . ��. C��'1C�2� � STATE OF MINNESOTA ) . ) SS. � COUNTY OF HENNEPIN ) � � � On this I 3�, day of A-pri� � , 2001, before me, a notary public within and for said county, personally appeared HEATHER J. MASSIE, to me known to be the person described above and who acknowledged that she executed the same as her free act and deed. : ;-:,�.�`' NICOLE L HEUER � ��;�' U(. � �Q,�I:P� . � � . �� NaTMY PU8UCiMINNESOTA , •,.. i�►Cann�onE�xes,�n.3L2oos Notary Public � � � . Page 3 of 3 � ,