HomeMy WebLinkAboutResolution 7613 Variance 1530 Orchard Beach g0�0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� �,. NO. 7613
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A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.6240
FILE NO. LA25-000025
WHEREAS, on June 17, 2025, Southview Design ("Applicant"), on behalf of North
Shore Funding, LLC. ("Owner"), applied for a variance from the City Code for the property addressed
1530 Orchard Beach Place and legally described as Lot 1, Orchard Beach (hereinafter the
"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance
from Orono Municipal Zoning Code Section 6.12.6240 to build an accessory building within the
average lakeshore setback; and
WHEREAS, on July 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 given the opportunity to
speak thereon; and
WHEREAS, on July 21, 2025, the Planning Commission voted 4 to 0 in favor of a
motion to recommend approval of the variance conditioned that the building provide 10 feet of
separation from the principal structure, and
WHEREAS, on August 11, 2025, the City Council reviewed the application, and
the recommendations of the Planning Commission and City staff, where the City Council made a
motion to deny the application 4-0; and
WHEREAS, on August 25, 2025, the City Council reviewed findings for denial of
the application and was presented new testimony from the Owner, where a motion passed 5-0 to
table the application to allow for the Applicant to submit amended plan; and
WHEREAS, on September 8, 2025, the City Council reviewed additional
information submitted by the Owner and findings for denial of the application; and
WHEREAS, on September 8, 2025, the City Council voted 3-2 in favor of a motion
to rescind the denial of the variance application from August 11, 2025; and
WHEREAS, on September 8, 2025, the City Council voted 3 to 2 in favor of a
motion to direct staff to prepare a resolution with findings of approval for the application; and
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gO�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�. NO. 7613
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WHEREAS, on September 22, 2025, the City Council accepted findings of
approval for the requested variance application; and
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested average lakeshore setback 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 LA25-000025. 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 LR-1 B (One-Family Lakeshore Residential) Zoning District.
A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
A4. As the property is adjacent to right-of-way, the average lakeshore setback is measured as
129 feet from the Ordinary High Water Level of Lake Minnetonka.
A5. Applicant has applied for an average lakeshore setback variance for a new accessory
building.
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.
VARIANCE ANALYSIS:
B1. Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance; the average lakeshore setback is intended to protect lake
views from the homes on adjacent lakeshore properties. The proposed placement of the
building would have minimal impact to the neighboring sightlines due to the orientation of
the lot and the established vegetation on the site; and
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�Ot�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7613
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B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposed variance to construct a building, accessory to an existing primary 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 proposed
accessory building meeting all other setback and hardcover requirements outside of
the neighboring lake views is reasonable; and
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner; the application of the average lakeshore setback as a flat
measurement of 129 feet over this Property with a unique shoreline, creates a
practical difficulty for the Owner. Although the proposed building is outside of the
adjacent neighbor's lakeview, the average lakeshore setback presents a difficulty for
the Owner, and
c. The variance, if granted, will not alter the essential character of the locality; the
accessory building is proposed approximately 115 feet from the shoreline and out of
the sightlines of neighbors, not altering the character of the area.
B4. Economic considerations alone do not constitute practical difficulties; economic
considerations were not the sole basis for the finding of practical difficulties with the
Applicant's request; 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; the Property is allowed to have accessory buildings within the LR-1 B zoning district;
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
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�O�O C OF ORONO
RESOLUTIONITYNO. 7613 OF THE CITY COUNCIL
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B8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property; the Property is adjacent to right-of-way to the
west, which extends to the average lakeshore setback to 129 feet. The depth of the lakeyard
increases significantly from west to east due to the curves of the shoreline; and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the conditions of this property do not apply to other land or structures in the
general area. The combination of unique shoreline of the Property and the adjacency to right-
of-way presents a challenge for the Owner. The proposed accessory building was located
outside of neighboring sightlines, but is located within the average lakeshore setback; and
B10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant; the Applicant has proposed a reasonable
accessory building in a location that meets the intent of the average lakeshore setback,
while not meeting the defined measurement. The difficulty placed on the Owner, as a
result, does not allow for preservation, nor enjoyment of their rights as a landowner; 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 average lakeshore
setback is to protect the lakeviews of adjacent property owners. The Applicant sighted the
accessory building outside of lakeviews of adjacent owners,meeting the intent of the average
lakeshore setback; and
B12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty; the granting of the requested variance would
alleviate a demonstratable difficulty placed on the Applicant. The Applicant has
demonstrated that, although the proposed accessory building is located within the average
lakeshore setback, the lakeviews from neighboring residences will not be impacted.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby approves
the variance to Orono Municipal Zoning Code Section 6.12.6240 to construct a new accessory
building within the average lakeshore setback.
C1. Council approval is based on the entire record, above Findings.
C2. The approved project shall conform to the site plan submitted by the Applicant, attached
to this Resolution as Exhibits A.
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g0�0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7613
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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 accessory
building and commencing construction of said building. A building permit for the
accessory building must be obtained within one year of the date of Council approval, or
the variance will expire on September 22, 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 22nd day of September, 2025.
ATTEST CITY OF ORONO:
Christine Lusia , ity Clerk Bob Tunheim, Mayor
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