03-10-2025 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7562 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA24-000067. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above -mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-lC (One -Family Lakeshore Residential) Zoning District. A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District, and the applicant is proposing 24.9% hardcover with this project. A4. Applicant has applied for an average lakeshore setback variance. A5. In considering this application for a variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance; the Average Lakeshore Setback (ALS) makes the development and improvement of the Property and existing house challenging. The proposal does not significantly encroach into the lake views of the adjacent owners along Lake Minnetonka, meeting the intent and purpose of the Ordinance; and B2. Variances shall only be permitted when consistent with the comprehensive plan; the proposed variance to construct a deck as an accessory use to a single-family residence is permitted within LR-1C zoning and is consistent with the comprehensive plan; and B3. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls; the request to 157