HomeMy WebLinkAboutResolution 7617 Variance CUP Home Build 1440 Baldur Park Rd LAND TYPE Abstract (A)
DOC NUM 11402709
Certified, filed and/or recorded on
Sep 16, 2025 8:05 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 122 Pkg ID 2827070E
Document Recording Fee $46.00
Document Total $46.00
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 are the original resolutions adopted by the City Council on September 8, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stine Lusi , City Clerk
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7617
KESHO0.
A RESOLUTION APPROVING
VARIANCES FROM
MUNICIPAL ZONING CODE
CHAPTER 6.12 SECTIONS 1550; 6240; 6330; 6940; 9110; AND 9210;
AND
A CONDITIONAL USE PERMIT PURSUANT TO
CHAPTER 6.12 SECTIONS 5020 AND 5040
FILE NO. LA25-000024
WHEREAS, on June 17, 2025, on behalf of the property owners John Bohn and Suzanne
Bohn, a married couple (hereinafter the "Owners"), Boyer Building Corporation (hereinafter the
"Applicant"), applied for variances and a conditional use permit pursuant to the City Code for the
property addressed 1440 Baldur Park Road and legally described as:
Lot 5, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has made application to the City of Orono for lot area and lot
width variances from Orono Municipal Zoning Code Section 6.12.1550 to allow redevelopment
of a property 0.18 acre in area and 40 feet of width at the ordinary high-water level ("OHWL")
and 49 feet at the 75-foot setback where 0.5 acre and 100 feet in width is required; and
WHEREAS, the Applicant requests a variance from Orono Municipal Zoning Code
Section 6.12.1550 to allow a 29-foot setback from the rear, street lot line where 30 feet is
required; and
WHEREAS, the Applicant requests a variance from Orono Municipal Zoning Code
Section 6.12.6240 to allow a 60-foot setback from the OHWL for the balcony and a 65-foot
setback from the OHWL for the building footprint; and
WHEREAS, the Applicant requests a variance from Orono Municipal Zoning Code
Section 6.12.6240 to allow the new home building footprint to encroach three (3) feet lakeward
of the average lakeshore setback line; and
WHEREAS, the Applicant requests variances from Sections 6.12.9110 and 9210 to
allow 31.5% (2,492 square feet) of hardcover where 25% is allowed and 31.9% currently exists;
and
WHEREAS, the Applicant requests a conditional user permit ("CUP") pursuant to Orono
Municipal Zoning Code Chapter 6.12 Sections 5020 and 5040 to allow a reduction in the 15-foot
,tOt�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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rescue bench required to support a home elevated above 931.5-foot grade level (the 1% annual
chance of flooding elevation contour), and
WHEREAS, on August 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 allowed to speak thereon;
and
WHEREAS, on August 18, 2025, the Planning Commission voted 5 to 1 to recommend
approval of the application as applied; and
WHEREAS, on September 8, 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 application 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 0.18 acres in area and has a defined lot width of 40 feet at the
OHWL and 49 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. The Applicant has applied for the following:
a. Lot Area and Lot Width Variances;
b. Rear Setback Variance;
c. Average Lakeshore Setback Variance;
d. 75-foot Lake Setback Variance;
e. Hardcover Variance; and
f. Conditional Use Permit for Rescue Bench deviation.
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AzLOt�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7617
4 ESHO
A6. In considering this application, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
and conditional use permit 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.
PRACTICAL DIFFICULTY ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variances are in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its small size and narrow
width, the lack of on-street parking, and the low elevation of the Property, making
development difficult.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances proposed to rebuild a new home on this
nonconforming lot are 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:
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 construction of a new residence on the substandard lot is
reasonable. The proposed hardcover is a reduction from the existing condition.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The substandard lot size is an existing condition, and
there is no available land with which to make the Property more conforming. The
restricted roadway, low topography, lot size and shape, and location are
challenges not created by the owners. There should be consideration for
variances for the Property, which is substandard in area and setback
requirements. The project has been designed with an effort toward limiting the
additional hardcover without sacrificing functionality; and
c. The variance, if granted, will not alter the essential character of the locality." he
variances are requested to permit the construction of a new home on the
Property, which is reasonable.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1JP/ -, "
ti1 NO. 7617
�KESHO��
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
6.12."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 a single-family residence is 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 Property's substandard size, location,
elevation, and unique configuration create significant difficulties that also apply to many of
the properties in the same neighborhood. The proposed setbacks and hardcover level are
not out of character.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." Other properties in the immediate neighborhood are subject to similar
difficulties.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed size of the home is 302 square
feet under the 2,000 square foot maximum for properties under 10,000 square feet in area.
Granting of the lot area and width, setback, and hardcover variances are 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
variances for lot size, hardcover, and setbacks in this situation is not contrary to the intent
of the zoning chapter.
"The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."Without variances the Property is
unbuildable. The variances for lot size, setback, and hardcover are necessary and do
not merely serve as a convenience to the owners.
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O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yFl , NO. 7617
lkESHOIL
CONDITIONAL USE PERMIT ANALYSIS:
Based on the application and the evidence submitted, the city finds that the proposed use at
the proposed location is, or will be:
C1."Consistent with the community management plan," the proposed development of the
Property for residential use is consistent with the community management plan.
C2. "Compliant with the zoning code, including any conditions imposed on specific uses as
required by Article V, Division 3 of the City Code," the proposed project will conform to all
other applicable zoning requirements.
C3."Adequately served by police, fire, roads, and stormwater management," in the opinion of
staff, this criterion is met.
C4."Provided with an adequate water supply and sewage disposal system," in the opinion of
staff, this criterion is met.
C5."Not expected to generate excessive demand for public services at public cost," in the
opinion of staff, this criterion is met.
C6."Compatible with the surrounding area, as the area is used both presently and as it is
planned to be used in the future," the development of the Property for residential use and
the reduced rescue bench is compatible and consistent with the neighborhood and
surrounding uses.
C7. "Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan," the development of the Property for
residential use is compatible and consistent with the neighborhood and surrounding uses.
C8."Compatible with the character of buildings and site improvements in the surrounding area,
unless a change of character is called for in the community management plan," in the
opinion of staff, this criterion is met.
C9."Not expected to substantially impair the use and enjoyment of the property in the area or
have a materially adverse impact on the property values in the area when compared to the
impairment or impact of generally permitted uses," the request includes grading and filling
within the 100-year floodplain and it shall be reviewed by Minnehaha Creek Watershed
5
SLOrtO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7617
kESHOAF,
District (MCWD). The proposed reduction of the rescue bench will not have an adverse
impact on the neighborhood.
C10. "Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses," The project should not result in undesirable
views or sustained activity such as disturbing neighbors.
C11. "Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means." The applicants will be
required to adhere to the City's erosion control regulations as well as the permitting
requirements of the MCWD. Timely re-vegetation and stabilization will be a requirement of
the permitting process. The project should not result in a nuisance condition.
C12. "Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe
access; the applicant will be required to keep debris off of the public roadways," a haul
route should be provided. The noise resulting from the trucks and equipment moving the
material in and around the site should be minimized to the extent possible. The project will
be evaluated and monitored by the City Engineer and planning staff to minimize nuisances
during the project.
C13. "Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact," the overall long-term effect of the project should result
in minimal or no environmental impacts.
C14. "All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts." This project should result in no
additional non-residential lighting or glare; and
C15. "Not detrimental to the public health, public safety, or general welfare." The project
should not be a detriment to public health, public safety, or general welfare.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a
CUP shall remain in effect as long as the conditions imposed by the City Council are observed,
but nothing in this section shall prevent the city from enacting or amending official controls to
change the status of conditional uses.
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AzLOrO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7617
AkESHOV
CONCLUSIONS, ORDER, AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following to support the redevelopment of the Property:
• Variances from Section 6.12.1550 to allow redevelopment of a property 0.18 acre in
area and 40 feet of width at the ordinary high-water level ("OHWL") and 49 feet at the
75-foot setback, where 0.5 acre and 100 feet in width is required; and
• A variance from Section 6.12.1550 to allow a 29-foot setback from the rear, street lot line
where 30 feet is required; and
• A variance from Section 6.12.6240 to allow a 60-foot setback from the OHWL for the
balcony and a 65-foot setback from the OHWL for the building footprint; and
• A variance from Section 6.12.6240 to allow the new home building footprint to encroach
three (3) feet lakeward of the average lakeshore setback line; and
• Variances from Sections 6.12.9110 and 9210 to allow 31.5% (2,492 square feet) of
hardcover where 25% is allowed and 31.9% currently exists; and
• A CUP pursuant to Chapter 6.12 Sections 5020 and 5040 to allow a reduction in the 15-
foot rescue bench required to support a home elevated above 931.5-foot grade level (the
1% annual chance of flooding elevation contour),
Subject to the following conditions:
D1.Council approval is based on the entire record, above Findings.
D2.The approved project shall conform to the survey dated June 12, 2025, revised on July
28, 2025, and building plans submitted by the Applicant and annotated by City staff,
attached to this Resolution as Exhibits A & B.
D3.Any amendments to the plans that do not conform to City codes may require additional
review by the Planning Commission and City Council.
D4.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
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-,cLOAtO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti- *" NO. 7617
tAkESHO��
obtained within one year of the date of Council approval, or the variance will expire on
that date (September 8, 2026).
D5.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 8th day of September, 2025.
ATTEST: CITY OF ORONO:
Chris 1131P17, Citt th;rk Bob Tunheim, Mayor
8
-,cLOAto CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��. a NO. 7617
`4kESHOv-I"
��/ �r_ �
Jo n Property Owner p y Suzanne Bohn, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this /0 day of p p�p,,.t ,
20 <by John Bohn, spouse of Suzanne Bohn.
1 I.. telku&A-7,-\_
4N tary P lic
NOLA J DICKHAUSEN
" NOTARY PUBLIC
-t;.- MINNESOTA
�: -' My Commission Expires Jan.31,2027
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this )6 day of 6 ,
20.25, by Suzanne Bohn, spouse of John Bohn.
�(
otary 'f blic
`1 NOLA J DICKHAUSEN I
1
�4�,f`Tt`�:Tt
" _ NOTARY PUBLIC
i H''==1_ MINNESOTA '
I - :' My Commission Expires Jan.31,2027 1
Baldur Park RoadLake Minnnetonka# 42379LICENSE NO.Thomas M. BloomDATES1JUNE 12, 2025Phone (952) 474-7964Web: www.advsur.comSHEET 1 OF 140200JANUARY 24, 2025JUNE 12, 2025LEGAL DESCRIPTION:Lot 5, Block 1, BALDUR PARK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. Thescope of our services does not include determining what you own, which is a legal matter.Please check the legal description with your records or consult with competent legal counsel, ifnecessary, to make sure that it is correct and that any matters of record, such as easements, thatyou wish to be included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of theproperty.4. This survey has been completed without the benefit of a current title commitment. There maybe existing easements or other encumbrances that would be revealed by a current titlecommitment. Therefore, this survey does not purport to show any easements or encumbrancesother than the ones shown hereon.5. Note that all building dimensions and building tie dimensions to the property lines, are takenfrom the siding and or stucco of the building.6. Showing and tabulating impervious surface coverage of the lot for your review and for thereview of such governmental agencies that may have jurisdiction over these requirements toverify they are correctly shown before proceeding with construction.7. Showing elevations on the site at selected locations to give some indication of the topographyof the site. We have also provided a benchmark for your use in determining elevations forconstruction on this site. The elevations shown relate only to the benchmark provided on thissurvey. Use that benchmark and check at least one other feature shown on the survey whendetermining other elevations for use on this site or before beginning construction.8. While we show a proposed location for this home or addition, we are not as familiar with yourproposed plans as you, your architect, or the builder are. Review our proposed location of theimprovements and proposed yard grades carefully to verify that they match your plans beforeconstruction begins. Also, we are not as familiar with local codes and minimum requirementsas the local building and zoning officials in this community are. Be sure to show this survey tosaid officials, or any other officials that may have jurisdiction over the proposed improvementsand obtain their approvals before beginning construction or planning improvements to theproperty.9. While we show the building setback lines, we suggest you show this survey to the appropriatecity officials to be sure that the setback lines are shown correctly. Do this BEFORE you use thissurvey to design anything for this site.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.Deephaven, Minnesota 5539118202 Minnetonka Boulevard, Suite 401