HomeMy WebLinkAboutResolution 7607 Variance Decks and Hardcover 1080 Ferndale Rd W II I II III 1111 II II I I II
LAND TYPE Abstract (A)
DOC NUM 11395301
Certified, filed and/or recorded on
Aug 19, 2025 8:01 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 193 Pkg ID 2817501 E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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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 August 1 1th, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
C-
stifle Lusi , City Clerk
0 ITY OF ORONO
RE.OLUTION OF THE CITY COUNCIL
yF NO. 7607
`4KESH00'
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE CHAPTER 6.12
SECTIONS 6240; 8210; 9110; AND 9210
FILE NO. LA25-000026
WHEREAS, on June 18, 2025, Griffin Dooling (hereinafter the "Owner"), applied for
variances from the City Code for the property addressed 1080 Ferndale Road West and legally
described as:
Parcel 1:
That part of Lot 6,North Shore Cottage Acres,Lake Minnetonka,lying
Northwesterly of the following described line: Commencing at the most Easterly
corner of said Lot 6;thence Northwesterly along the Northeasterly line of said Lot 6
a distance of 40 feet to the point of beginning of line to be described; thence
Southwesterly parallel with the Southeasterly line of said Lot 6 to the Southwesterly
line of said Lot 6 and said line there terminating,Hennepin County,Minnesota.
And
Parcel 2:
That part of Lot 9,North Shore Cottage Acres,Lake Minnetonka,described as
follows:Commencing at the Northwest corner of said Lot 9;thence South along the
Westerly line of said Lot 9 a distance of 25 feet;thence at an angle Southeasterly
parallel with the Northeasterly line of said Lot 9 a distance of 25 feet;thence at right
angles Northeasterly parallel with the Westerly line of said Lot 9 a distance of 25
feet to the Northeasterly line of said Lot 9,also being the County Road;thence
Northwesterly along said Northeasterly line
to the point of beginning,Hennepin County,Minnesota.
(hereinafter the "Property");
WHEREAS, the Owner has made application to the City of Orono for variances from
Orono Municipal Zoning Code Sections 6.12.6420 and 6.12.8210 to allow construction of two
replacement decks within 75 feet of the OHWL of Lake Minnetonka, lakeward of the average
lakeshore setback, and within 25 feet of the edge of wetland; and
WHEREAS, the Owner has made application to the City of Orono for variances from
Orono Municipal Zoning Code Sections 6.12.9110 and 6.12.9210 to permit 59 square feet of
additional hardcover within the 75-foot lake setback and 33.33% hardcover overall, where 25%
is allowed and 33.29% currently exists in conjunction with the construction of two new decks;
and
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BOAT, CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G4' NO. 7607
`'l'ESHOR'�c.
WHEREAS, on July 21, 2025, after published an mailed notice following Minnesota
Statutes and the City Code, the Planning Commission h Id a public hearing, at which time all
persons desiring to be heard concerning this application were allowed to speak thereon; and
WHEREAS, on July 21, 2025, the Planning Commission recommended approval of the
variances as applied; and
WHEREAS, on August 11, 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:
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-1A Single Family Lakeshore Residential Zoning
District.
A3. The Property contains 0.5 acre in area and has a defined lot width of approximately 192
feet at the 75-foot setback and approximately 226 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. The wetland edge is consistent with the 929.4-foot OHWL elevation.
A6. Owner has applied for the following variances]
a. Lake Setback Variance
b. Wetland Setback
c. Average Lakeshore Setback Variance
d. Hardcover Variances
A7. 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.
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AzLO.trO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7607
4kESHO
ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The variances for the construction of new decks are
supported by practical difficulties. Much of the existing improvements are located within
the 75-foot lake setback. Therefore, hardcover exists within the lake setback as well. The
new decks will maintain similar setbacks from the lake and wetland. The placement of the
new decks is limited by the existing wetland and lake setback and existing improvements.
The project is in harmony with the general intent of the Ordinance due to the practical
difficulties of the Property's existing conditions and absence of a legal building footprint
area. This criterion is met.
B2."Variances shall only be permitted . . . when the iariances are consistent with the
comprehensive plan." The variances supporting the new decks are consistent with the
Comprehensive Plan. The Owner has identified the necessary practical difficulties
inherent in the land, supporting their requests. The proposed increase in hardcover for
the site overall and within the 75-foot setback is necessary as the Property does not have
extraneous hardcover to offset the minimal increase. The criterion is met.
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
Property has no legal buildable area. The existing nonconforming decks can be
rebuilt in-kind. The proposed construction of reconfigured decks in a similar
location at a similar setback is a reasonable use of the Property. This criterion is
met.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The existing improvements were not built by the
Owners. The existing conditions of the lot, including the location of the existing
structures and improvements, were not created by the Owners. Additionally, the
lake, wetland, topography, and vegetation further limit the placement of conforming
decks, and that is not a circumstance created by the Owners; and
c. The variance, if granted, will not alter the essential character of the locality." The
proposed variances are supported by practical difficulties and will not alter the
character of the area. The proposed decks are a different shape but smaller in
size. The setbacks from the lake and wetland remain similar to those of the
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AiLOttO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7607
l4kESHO
existing improvements. The average lakeshore setback encroachment will not
impact views enjoyed by the neighboring property. This criterion is met.
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 improvements to a single-family home are an
allowed use in the LR-1A 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 conditions of the Property,
including the substandard size, existing location of improvements, and their proximity to
the lake and wetland edge, topography, and vegetation, are unique conditions to this
Property. This criterion is met.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located."The existing home is in a nonconforming location. The proposal is to
construct decks in a similar location and maintain similar setbacks. This criterion is met.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The setbacks impacting the Property overlap,
eliminating any buildable area. The existing home is in a nonconforming location. The
proposal is to construct replacement lakeside decks in a similar location and with similar
setbacks. This criterion is met.
B11. "The granting of the proposed variance will not in 1ny way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting the
requested variances will not adversely impact health, safety, comfort, or morals of the
community. This criterion is met.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The variances allow for the construction
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�OnO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� �,4' NO. 7607
likESHO��
of new decks in a similar location to that of the existing improvements. This criterion is
met.
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 Sections to allow construction of two replacement
decks lakeward of the average lakeshore setback, the ast deck 24 feet from the OHWL and
the west deck 43 feet from the OHWL where a 75 foot etback from the OHWL, and 25 foot
setback from the edge of wetland are required; and fro Sections 6.12.9110 and 6.12.9210 to
permit 59 square feet of additional hardcover within the 75-foot lake setback and 33.33%
hardcover overall, where 25% is allowed and 33.29% currently exists, 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 06/30/2025 and building plans
submitted by the Owner and annotated by City staff, attached to this Resolution as
Exhibits A & B.
C3.Any amendments to the plans that do not conform to City codes may require additional
review by the Planning Commission and City Council.
C4.Authorities granted by this resolution run with the Property, not with the Owner, 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 variances will expire on
that date (August 11, 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 11th day of August, 2025.
ATTEST: CITY OF ORONO:
' 0_, --- _______-
Christi usian ity Clerk Bob'Tunheim, Mayor
5
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S54°38'47"W 171.33N60°25'45"W 71.73N45°47'31"W 326.68DESCRIPTION OF PROPERTY SURVEYEDThat Part Of Lot 6 Lying Northwesterly Of A Straight Line Par With ExtremeSoutheasterly Line Of Lot 6 Running Thru A Pt In The Northeasterly Line Of SaidLot, Distant 40 FtSurvey Notes1. Bearings are based on the Hennepin County Coordinate System.2. Client Name: Decks Elevated3. Site Address: 1080 Ferndale Rd W4. This survey is based on the legal description as provided by the Client5. This Surveyor has not abstracted the land shown hereon for easements, rightsof way or restrictions of record which may affect the title or use of the land6. Do not reconstruct property lines from building ties7. Only visible utilities located8. Impervious areas include: House, ancillary structures, proposed structures,proposed decks, driveway, concrete pads, paths and decks.8.1. Lot size for impervious calculations measured from area inside cat tails.8.2. Building impervious category covers main residence only9. Elevation of Lake Minnetonka measured at was 929.15 at the time of thesurvey. The Ordinary High Water of Lake Minnetonka is 929.40FOUND IRON MONUMENTLinetype & Symbol Legend MINNESOTA LAND SURVEYOR CERTIFICATIONI hereby certify that this survey, plan or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 30th day of June, 2025.___________________________________________________Kelly D Ness Minnesota License No. 45847SET IRON MONUMENT7579.83Certificate ofSurvey5775 Wayzata Blvd #700St Louis Park, MN 55416info@skysurv.us20250515 1080 FerndaleRdW SkySURV-1080 FerndaleRdW.dwgDraft copy - not for submittalDated this 30th day of Ju__________________________________________________________________________________KellKelKeKelKelKelKelKeeeey D Ness Minn55Approximate 25-foot WetlandSetbackApproximate 75-foot Lake Setback50' 05rear aareaarrerereareasetbacktbbkkeeettbbaacckkeetbbaaaccckkckcssssedaFerndale Marsh/Lake99
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