HomeMy WebLinkAboutResolution 7587 Variance Open Porch 2625 North Shore Dr LAND TYPE Torrens (T)
DOC NUM 6136629
Certified, filed and/or recorded on
May 21, 2025 10:14 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 87 Pkg ID 2787422E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1301229
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 May 12, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stint Lus , City Clerk
g0k0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� ���' No. 7587
`.1kESHOR1"
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 &78-1680
FILE NO. LA25-000010
WHEREAS, on February 26, 2025, Ashley Mehbod (the"Applicant"), applied for variances
from the City Code for the property addressed 2625 North Shore Drive and legally described as:
Parcel 1:
That part of Government Lots 4 and 5, Section 9, Township 117, Range 23,
described as commencing at the North Quarter corner of said section;thence on a
bearing of South (the North line of the Northeast Quarter of said section being
assumed to have a bearing of North 88 degrees 51 minutes West for purposes of this
description) a distance of 2878.55 feet; thence South 70 degrees 37 minutes 31
seconds East a distance of 838.42 feet; thence South 67 degrees 19 minutes 23
seconds East a distance of 266.25 feet; thence South 59 degrees 5 minutes 30
seconds East a distance of 300 feet to the point of beginning of the property being
described; thence continuing South 59 degrees 5 minutes 30 seconds East a
distance of 159.15 feet; thence South 26 degrees 36 minutes West to the shore of
Lake Minnetonka;thence Northwesterly along said shore to its intersection with a line
drawn South 32 degrees 16 minutes 30 seconds West from the point of beginning;
thence North 32 degrees 16 minutes 30 seconds East to the point of beginning.
Parcel 2:
That part of Government Lot 4, Section 9, Township 117, Range 23, described as
follows: Commencing at the North Quarter corner of said section;thence on a bearing
of South (the North line of the Northeast Quarter of said section being assumed to
have a bearing of North 88 degrees 51 minutes West for purposes of the description)
a distance of 2878.55 feet; thence South 70 degrees 37 minutes 31 seconds East a
distance of 838.42 feet; thence South 67 degrees 19 minutes 23 seconds East a
distance of 266.25 feet to "Point A", said Point A, being the point of beginning of the
property being described, and also the point of beginning of"Line A' thence South 32
degrees 16 minutes 30 seconds West along said Line A to point on the shore of Lake
Minnetonka, and said Line A there ending;thence Southeasterly along said shore to
a point 300 feet Southeasterly from said Line A, said 300 feet being measured on a
bearing of South 59 degrees 05 minutes 30 seconds East from said Line A;thence
North 32 degrees 16 minutes 30 seconds East a distance of 370 feet to an
intersection with a line drawn South 59 degrees 05 minutes 30 seconds East from
said Point A; thence North 59 degrees 05 minutes 30 seconds West to said Point A
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gOt�� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� �.4' NO. 7587
t'IkEsHO'
the point of beginning, except that part of said above-described property lying
Northwesterly of the following described line: Commencing at said Point A;thence
South 59 degrees 5 minutes 30 seconds East a distance of 246.74 feet to the point of
beginning of the line being described;thence South 34 degrees 54 minutes 30
seconds West to the shore of Lake Minnetonka and there ending.
Subject to a mutual easement for common driveway over the southeasterly 7 1/2 feet
of the northeasterly 286.81 feet of the above-described tract as shown by deed
recorded in CR Book 1021 of Deeds, page 276, Doc. No. 1146365; (as to Parcel 1).
Subject to a flowage easement set forth in decree in which a certified copy is of
record in CR Book 85 of Miscellaneous Records, page 301, Doc. No. 318546; (as to
Parcels 1 and 2), Hennepin County, Minnesota(hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance from
Orono Municipal Zoning Code Section 78-1279 to allow construction of an expanded open
porch on the west side of the home, 44.6 feet from the OHWL, where a 75-foot setback is
required and the existing home is set 30 feet from the OHWL; and
WHEREAS, the Applicant has made application to the City of Orono for a variance from
Orono Municipal Zoning Code Section 78-1680 to allow 3,978 square feet of hardcover in the
75-foot setback from the lake where no hardcover is permitted and 3,884 square feet currently
exists resulting in an increase of 94 square feet in the 75-foot setback; and
WHEREAS, on April 21, 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 allowed to speak thereon;
and
WHEREAS, on April 21, 2025, the Planning Commission recommended approval of the
variances as applied; and
WHEREAS, on May 12, 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 variances as described above based on one or more of the
following findings of fact concerning the Property:
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sILOtVO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� ��� NO. 7587
`1xESH04c"
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is in the LR-1A, One Family Lakeshore Residential Zoning District.
A3. The Property contains 1.9 acres in area and has a defined lot width of 267 feet at the
OHWL and 258 feet at the 75-foot setback.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for the following variance[s]:
a. 75-foot lake setback Variance
b. Hardcover Variance within the 75-foot setback
A6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
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.
ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed addition to the home is reasonable and
results in a minimal setback encroachment. The variances are in harmony with the intent
of the Ordinance.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The requested variances are in line with the residential goals
outlined within the comprehensive plan.
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:
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�OtVO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1� ���' NO. 7587
tAkESHov�
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
variance request is residential in nature and is reasonable considering the unique
nature of the Property having a large wetland at the rear, which pushes the
development closer to the lake.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The location of the existing home was not created by
the owners; and
c. The variance, if granted, will not alter the essential character of the locality." The
location of the addition will not be lakeward of the home and will not alter the
character of the neighborhood. The majority of the neighboring homes are
situated within the 75-foot setback area.
B4."Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
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.
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 as residential improvements are permitted in the
LR-1A residential zoning district.
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.
B8."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The existing home's location and orientation
on the Property are unique circumstances. Due to the location and size of the wetlands
impacting the properties along this portion of North Shore Drive, the developed homes
are nearer to the lake than the 75-foot setback. The application of the 75-foot setback
requirement causes a practical difficulty. The home and the proposed addition will not
encroach on the average lakeshore setback.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The location of the home, within the 75-foot setback, is relatively unique
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�tOt�*4'
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7587
'FESHOR
in the City, although not in the immediate neighborhood. Applying the lake setback
requirement eliminates the owners'ability to expand or improve the home without a
variance, creating a practical difficulty.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the variances to construct the addition
is necessary to increase functionality within the home, as well as for the preservation of
the wide, open space between the Property and the neighbor to the west.
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
project will not impair the health, safety, comfort, or morals of the public.
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 variances will resolve and
alleviate a demonstrated practical difficulty caused by the lake setback as applied to the
Property.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of an
expanded open porch on the west side of the home, 44.6 feet from the OHWL, where a 75-foot
setback is required; and a variance from Section 78-1680 to allow 3,978 square feet of
hardcover in the 75-foot setback from the lake; subject to the following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the site plan and building plans submitted by the
Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B.
C3.Any amendments to the plans that are not in conformity with City codes may require
further Planning Commission and City Council review.
C4.Authorities granted by this resolution run with the Property, not with the Owners, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
obtained within one year of the date of Council approval, or the variance will expire on
that date (May 12, 2026).
C5.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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�iimoc.
c,' NO. 7587
�kEsH o4
ADOPTED by the Orono City Council on this 12th day of May, 2025.
ATTEST: CITY OF ORONO:
((-2'/------(-----
Chri usian, Cit Clerk Bob Tunheim, Mayor
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Anderson Engineering of Minnesota, LLC
13605 1st Avenue North,Suite 100
Plymouth, MN 55441763-412-4000 (o) 763-412-4090 (f)www.ae-mn.comENGINEERING ARCHITECTURE LAND SURVEYING
ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE
New, Enlarged Porch
Existing Porch
PRELIMINARY2252255003ftftftftEXISTING
PRELIMINARYPROPOSED
PRELIMINARY
PRELIMINARY