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Unique Circumstances <br />Property Address: 860 Brown Rd Orono, MN <br />PID: 1011723120001 <br />Zoning District: RR-113 <br />Variance Requested: Average Lakeshore Setback Line Waived <br />The applicant is requesting a variance from Orono City Code § 78-1279(6) (as amended by <br />Ordinance No. 313) - Average Lakeshore Setback to allow The proposed new home to comply only with <br />the 75' lake setback from the OHWL and not the "Average Lakeshore (Sightline) Setback". The proposed <br />request is necessary to allow a reasonable use of the property while remaining consistent with the intent <br />of the zoning ordinance and the City of Orono Comprehensive Plan for rural residential. <br />This property has unique circumstances that are not common to other properties in the area, <br />which justify the requested variance. The parcel is large, at 14.064 acres, and is situated on a classified <br />tributary feeding Lake Tanger and Lake Minnetonka, spanning both sides of the tributary, but does not <br />directly touch a lake —only the OHWL in the wetland surrounding the tributary creates the shoreland <br />designation. <br />Its size, peninsula shape, wetland locations, and topography limit the ability to place a single- <br />family, one level living, dwelling in a location that aligns with the Average Lakeshore (sightline) setback. <br />Strict adherence to the ordinance without the variance would force the home into an impractical location <br />creating a steep driveway or tuck under garage which is not conducive to construction of a one level <br />retirement home with one level living due to topography. Safety is also a concern navigating the driveway <br />during seasonal weather while delivering trash/recycling containers to the road and accessing the U.S. Mail <br />postal box. Positioning of the home further from the road eliminates all incline issues due to topography <br />and locates the new home at a similar elevation and location of the previous existing home. These <br />conditions are inherent to the property and were not created by the applicant. Additionally, the <br />requirement of the Average Lakeshore Setback line is ambiguous according to Orono city maps and code; <br />the property is located on a wetland and tributary, not a traditional classified waterbody that shows on <br />Orono city maps. The lakeshore classification results from the parcel being located in the Shoreland <br />Overlay District, triggering lakeshore setbacks if a 929.4 elevation exists in the wetland. City code states <br />that a tributary, rather than a lakefront lot, is not subject to the Average Lakeshore Setback Line. This <br />code was amended in April of 2025 to further support this conclusion. <br />These factors make it difficult to fully comply with the Average Lakeshore setback requirement <br />while maintaining a reasonable, functional, and code -compliant building placement. <br />For the reasons stated above, the requested variance meets the City of Orono and Minnesota <br />statutory criteria for practical difficulties. The variance allows a reasonable use of the property, is <br />consistent with the Comprehensive Plan, maintains neighborhood and rural character, respects <br />environmental protections, and aligns with the intent of the zoning ordinance. Approval of this variance is <br />respectfully requested. <br />16 <br />