HomeMy WebLinkAboutResolution 7566 Variance Entryway 155 Wear Ln N .. .. _
LAND TYPE Torrens(T)
DOC NUM 6125956
Certified, filed and/or recorded on
Mar 19, 2025 4:25 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 155 Pkg ID 2767477E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1438192
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on March 10, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
-•s '' � ' Ch ' e Lusian, Clerk
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-szLO O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�• NO. 7566
l,,' SHO��
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. LA25-000003
WHEREAS, on January 16, 2025, Stonewood LLC ("Applicant"), applied for a
variance from the City Code for the property addressed 155 Wear Lane North and legally described
as:
Lot 1, Block 1, Rolling Meadows Third Addition, County of Hennepin, State of
Minnesota (hereinafter the "Property").
WHEREAS, the Applicant has made application to the City of Orono for a setback
variance from the Orono Municipal Zoning Code Section 78-420 to construct a 96-square-foot
covered entry within the fifty-foot front setback; and
WHEREAS, on February 18, 2025, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the' Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on February 18, 2025, the Planning Commission voted 5 to 2 in favor
of a motion to recommend approval of the variance as recommended by staff; and
WHEREAS, on March 10, 2025, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
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 #LA25-000003. 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 RR-1 B (One-Family Rural Residential) Zoning District.
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O�O CITY OF ORONO
�
RESOLUTION OF THE CITY COUNCIL
r, No. 7566
`'kESHOcL
A3. The Property is exempt from the Stormwater Quality Overlay District.
A4. Applicant has applied for a front setback variance for a covered entry to the primary
residence that encroaches 4.7 feet into the front setback.
A5. In considering this application for 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 requested variance is in harmony with the general intent
and purpose of the Ordinance. The proposed covered entry still provides for adequate
separation from the street and the existing tree cover helps minimize the visual impacts of
the encroachment; and
B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposed variance to improve an existing and allowable residential use 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
provide a covered entry with an additional purpose of directing water away from the
existing house and foundation is reasonable; and
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner;the Property is significantly wooded and the house is located near
the front of the Property, proximate to the front setback. Improvements to the front of
the house would be impacted by the front setback; and
c. The variance, if granted,will not alter the essential character of the locality;staff does
not anticipate the character of the locality to be impacted or change with approval of
the requested variance.
2
ONo CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiF �4•
' NO. 7566
t4OsH0��
B4. Economic considerations alone do not constitute practical difficulties; economic
considerations have not been a factor in the variance approval determination; and
B5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for
solar energy systems.Variances shall be granted for earth-sheltered construction as defined
in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78; this
condition is not applicable; and
B6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located; this condition is not applicable; the existing and proposed use of the Property is
residential; and
B7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling; this condition is not applicable; and
B8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property; the existing house is conforming, located 53.2
feet from the front property line. The proposed improvements are intended to solve a
drainage issue specific to water entering the foundation near the front of the house; and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the conditions are not known to apply to other structures or land in the
district and
B10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant; granting the variance is necessary to allow for a
reasonable expansion of the house to reduce the impacts of stormwater on the basement.
The siting of the house does not allow substantial flexibility for the applicant to make
improvements that would allow for the preservation and enjoyment of a substantial property
right; and
B11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter; the proposed variance
should not impact the health, safety, comfort, or morals of other landowners and residents;
and
B12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty; granting of the requested variance would
alleviate a difficulty due to the existing house location and recurring stormwater issues
affecting the house.
3
�00 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti�tq �,� NO. 7566
kESHO
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-420 to construct a 96-square-foot covered
entry within the fifty-foot front setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan & elevations submitted by the
Applicant, attached to this Resolution as Exhibit A.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (March 10, 2026).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 10th day of March, 2025.
ATTEST: OP CITY OF ORONO:
Christin man, /IT* lerk Bob Tunheim, Mayor
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