Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7670 <br /> <br /> <br />1 <br /> <br />A RESOLUTION <br />DENYING VARIANCES AND A CONDITIONAL USE PERMIT <br />PURSUANT TO MUNICIPAL ZONING CODE <br /> CHAPTER 6.12 <br />SECTIONS 1450, 6240 & 6940 <br /> <br />FILE NO. LA25-000036 <br /> <br />WHEREAS, Brian Roath (hereinafter the “Applicant”), applied for after-the-fact approval of <br />variances and a conditional use permit (“CUP”) pursuant to the City Code for the property <br />addressed 1200 Wildhurst Trail and legally described as: <br /> <br />Tract B, Registered Land Survey No. 1450, Hennepin County, Minnesota; Torrens- <br />Certificate of Title No. 1585718 (hereinafter the “Property”); <br /> <br />WHEREAS, in July of 2024, the City received a complaint regarding retaining walls and <br />patio improvements constructed without permits and located within required setback areas on <br />the Property; and <br /> <br />WHEREAS, on July 23, 2025, the Applicant submitted an application to the City of Orono <br />for an after-the-fact variance from Orono Municipal Zoning Code Section 6.12.1450 to allow a <br />patio, landing, and associated improvements constructed within the required side yard setback; <br />and <br /> <br />WHEREAS, the Applicant also applied for an after-the-fact variance from Section <br />6.12.6940 to permit new and replacement retaining walls exceeding two (2) feet in height to be <br />located up to the side property line, where a minimum five (5) foot setback is required; and <br /> <br />WHEREAS, the Applicant further applied for after-the-fact consideration of a CUP <br />pursuant to Zoning Code Section 6.12.6240 to allow new and replacement retaining walls within <br />the shore setback zone, located less than 75-feet from the ordinary high-water level (“OHWL”); <br />and <br /> <br />WHEREAS, on August 18, 2025, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br />time all persons desiring to be heard concerning this application were allowed to speak thereon; <br />and <br />WHEREAS, during the public hearing, a member of the public identified the presence of a <br />lake yard shed constructed on the Property within required setback areas without prior City <br />approvals; and <br /> <br />62