HomeMy WebLinkAboutResolution 4626 ' Y
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�. CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
� e140 NO. 462 (i
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B)
AND SECTION 10.56, SUBDIVISION 16 (C)(6)9
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 19,200 1,at which time allpersons 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 #2665.
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.
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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. �
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� 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
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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
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• 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
�
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• 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. '
•
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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
� �
� .
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