HomeMy WebLinkAboutResolution 7596 Varience Reconstruction of Deck 2565 Dunwoody f
LAND TYPE Torrens (T)
DOC NUM 6147792
Certified, filed and/or recorded on
Jul 21, 2025 2:43 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 182 Pkg ID 2807689E
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on July 14, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
�•" - t stine Lusi , City Clerk
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. � CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiS �.4 NO. 7596
l,�'FESHo�F,
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA25-000021
WHEREAS, on May 21, 2025, on behalf of the property owners Michael and Mary Rusinko,
Revision LLC ("Applicant"), applied for a variance from the City Code for the property addressed
2565 Dunwoody Avenue and legally described as:
Lot 11;
All that part of Lot 12 lying North and Northwesterly of the following described line:
Commencing at a point on the Northeasterly line of said Lot 12, distant 39.5 feet
Southeasterly from the Northeast corner of said Lot, said point being marked by a judicial
landmark; thence Southwesterly and parallel with the Northwesterly line of said Lot 12 a
distance of 188 feet to a point marked by a judicial landmark; thence at a deflection to the
right of the last mentioned line extended 8 degrees, 35 minutes a distance of 127.4 feet to a
point marked by a judicial landmark; thence continuing on said last described line a distance
of 19.6 feet, more or less, to its intersection with the shore line of Lake Minnetonka, which
judicial monuments were established in Torrens Case No. 5251, Block 8, Townsite of
Langdon Park, Hennepin County, Minnesota. (hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of a lakeside deck with a
modified footprint, lakeward of the average lakeshore setback line; and
WHEREAS, on June 16, 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 June 16, 2025, the Planning Commission recommended approval of the
variance; and
WHEREAS, on July 14, 2025, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
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�O1V0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
sS �4 NO. 7596
`4kESHOv-`"
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. 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 located in the LR-1C, One Family Lakeshore Residential Zoning District.
A3. The Property contains 1.2 acres in area and has a defined lot width of 154 feet at the 75-
foot setback and 142 feet at the OHWL.
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 an Average Lakeshore Setback Variance
A6. 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.
ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variance is in harmony with the purpose
of the Ordinance. The Property has established difficulties in its lakeshore character, the
site topography, and the orientation of adjacent homes. The average lakeshore setback
variance will not further impact views of the lake for adjacent properties.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variance to rebuild an existing deck on the Property
in a more functional configuration is consistent with 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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� � CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti* *4* NO. 7596
t'lkESHO �
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 permit the new portions of deck, partially lakeward of the average
lakeshore setback, appears to be reasonable considering the orientation of the
neighboring homes to the lakeshore, the existing vegetative screening, and the
topography. The criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The owners did not build the home. The linear nature
of the shoreline, resulting in neighboring home locations all in a continuous line,
prevents changes or expansions of the home on the lake side. The
circumstances are unique to the Property;
c. The variance, if granted, will not alter the essential character of the locality."The
variance is requested to permit construction of the lakeside deck, which will not
adversely impact the character of the neighborhood, according to the submitted
information.
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 an allowed use
in the LR-1C 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 home location and design do not permit
the construction of a functional deck depth or changes to the configuration. The home
location, the topography, the home's orientation to the lakeshore, and the adjacent
homes create difficulties for the owners in improving the Property consistent with the
homes in their neighborhood on the lake side.
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�OtV� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7596
elkESHO��
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located."The linear shoreline condition and generally linear placement of
neighboring homes apply to the other homes in the immediate neighborhood.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The Applicant's submitted information supports
the request for the average lakeshore setback variance, and they have indicated it is
necessary for the preservation of the property rights of the owners.
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." Granting the
requested variance in this unique situation is not contrary to the intent of the zoning
chapter.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The Property has an existing deck and
patio, which can legally be rebuilt in-kind. However, changes or expansions to improve
functionality are not permitted due to the average lakeshore setback. The Applicant has
provided documentation indicating that the requested variance is the minimum necessary
and does not merely serve as a convenience.
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 78-1279 to allow reconstruction of a
reconfigured deck partially lakeward of the average lakeshore setback line, subject to the
following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey dated 03/17/2025 and revised on
05/20/2025 by Gronberg and Associates, 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 Applicants, 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
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�� �O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1.<0e �, NO. 7596
kESHOv-
obtained within one year of the date of Council aproval, or the variance will
p expire on
that date (July 14, 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.
ADOPTED by the Orono City Council on this 14ttk day of July, 2025.
ATTEST: CITY OF ORONO:
Chri Lucian, ity Clerk Bob Tunheim, Mayor
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