HomeMy WebLinkAboutResolution 7637 Variance 850 Windjammer II III I MI II 1111 II
LAND TYPE Torrens (T)
DOC NUM 6173073
Certified, filed and/or recorded on
Dec 1, 2025 1:41 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 149 Pkg ID 2853287E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1594324
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 November 10th,2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stine Lusiart,-City Clerk
r 1 �01
RESOLUTION OF THE CITY COUNCIL
No. f bi I
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.6240
FILE NO. LA25-000041
WHEREAS, on September 17, 2025, on behalf of the property owners, Wyatt Pannhoff and
Nicole Pannhoff, Stonewood LLC ("Applicant"), applied for a variance from the City Code for the
property addressed 850 Windjammer Lane, and legally described as:
Lot 6, Block 1, Pirates Cove, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Orono Municipal Zoning Code Section a.12.6240 to allow construction of a new home within the
average lakeshore setback; and
WHEREAS, on October 20, 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 October 20, 2025, the Planning Commission voted 6 in favor and 1
opposed a motion to recommend approval of the variance as applied; and
WHEREAS, on November 10, 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 variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
A1. 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-1 B, One -Family Lakeshore Residential Zoning District.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A3. The Property contains 1.0 acres in area and has a defined lot width of 160 feet at the
OHWL and 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. 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:
61. "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 includes difficulties in the topography, existing vegetation,
the existing conditions, and the deep lake setbacks of the neighboring homes in relation
to the subject. The average lakeshore setback variance requested will improve lake views
from the northern neighbor and 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 construct a new home in a similar but
improved location as the existing home, also resulting in an improved lake setback, is
consistent with the comprehensive plan.
63. "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 the new home within the average lakeshore
setback appears to be reasonable, considering the topography of the lot, the
location of the existing home, the setback of the neighboring homes, and the
existing mature woods/vegetative screening. The request is reasonable.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. foal
b. The plight of the landowner is due to circumstances unique to his properly not
created by the landowner. The location of the existing home is nonconforming,
the proposed home location will not adversely impact the neighbors' existing lake
views, and will maintain consistency with the neighborhood. The proposed home
improves the lake setback and the views of the lake for the most impacted
neighbor (to the north). The proposal will allow maintenance of the existing
vegetation on the slope. The circumstances are unique to the Property; and
c. The variance, if granted, will not alter the essential character of the locality." The
variance is requested to permit the construction of the home and will minimize
impacts on the lake. The location will not impact the neighbors' views of the lake
and will fit 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
foI 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 a residential home is an allowed use in the
LR-1 B District.
B7. "The board or council may permit as a variance the temporary use of cone -family dwelling
as atwo-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 steep, wooded slope on the street side of
the existing home, combined with the home's proximity and orientation to the lakeshore
and the deep setbacks of the adjacent homes, creates difficulties in improving the
Property consistent with the homes in their neighborhood.
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The unique topography, the steep, wooded slope, the location of the
existing improvements, and the extreme setbacks of the adjacent homes to the lake
create difficulties for the owners.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
610."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The owners assert that granting the variance is
necessary for the preservation of their property rights.
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 applicant asserts that the requested
variance is necessary and does not merely serve as a convenience to the owners.
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 6.12.6240 to allow construction of anew
home 114 feet from the lake on the north, and 79 feet from the lake on the south within the
average lakeshore setback, 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 September 17, 2025, 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 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 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
obtained within one year of the date of Council approval, or the variance will expire on
that date (November 10, 2026).
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. fail
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 10th day of November, 2025.
ATTEST:
Christine LusianUCity Clerk
5
CITY OF ORONO:
Bob Tunheim, Mayor
Windjammer LaneLakeMinnetonka#LICENSE NO.DATES1SEPTEMBER 17, 2025Phone (952) 474-7964Web: www.advsur.comCLIENT NAME / JOB ADDRESSSHEET TITLESHEET NO.SHEET 1 OF 1DRAWING NUMBER# 42379Thomas M. BloomSHEET SIZELEGAL DESCRIPTION:Lot 6, Block 1, PIRATES COVE, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our servicesdoes not include determining what you own, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters ofrecord, such as easements, that you 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 the property.4. This survey has been completed without the benefit of a current title commitment. There may be existingeasements or other encumbrances that would be revealed by a current title commitment. Therefore, this surveydoes not purport to show any easements or encumbrances other than the ones shown hereon.5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding andor stucco of the building.6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We havealso provided a benchmark for your use in determining elevations for construction on this site. The elevationsshown relate only to the benchmark provided on this survey. Use that benchmark and check at least one otherfeature shown on the survey when determining other elevations for use on this site or before beginningconstruction.7. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans asyou, your architect, or the builder are. Review our proposed location of the improvements and proposed yardgrades carefully to verify that they match your plans before construction begins. Also, we are not as familiar withlocal codes and minimum requirements as the local building and zoning officials in this community are. Be sure toshow this survey to said officials, or any other officials that may have jurisdiction over the proposed improvementsand obtain their approvals before beginning construction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.18202 Minnetonka Boulevard, Suite 401Deephaven, Minnesota 55391GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGIN·Install silt fence/bio roll around the perimeter of the construction area.·Sediment control measures must remain in place until final stabilization has beenestablished and then shall be removed. Sediment controls may be removed toaccommodate short term construction activity but must be replaced before the nextrain.·Inlet protection for all storm sewer inlets downstream of the site within one blockor as directed by the City. Inlet protection shall also be provided on all proposedstorm sewer inlets immediately following construction of the inlet. Inlet protectionmust be installed in a manner that will not impound water for extended periods oftime or in a manner that presents a hazard to vehicular or pedestrian traffic.DURING CONSTRUCTION:·Soil compaction shall be minimized; areas of compacted soil will be removed orloosened via tilling to a depth of no less than 6-inches.·When dirt stockpiles have been created, a double row of silt fence shall be placed toprevent escape of sediment laden runoff and if the piles or other disturbed areas areto remain in place for more than 14 days, they shall be seeded with MinnesotaDepartment of Transportation Seed Mixture 22-111 at 100 lb/acre followed bycovering with spray mulch.·A dumpster shall be placed on the site for prompt disposal of construction debris.These dumpsters shall be serviced regularly to prevent overflowing and blowingonto adjacent properties. Disposal of solid wastes from the site shall in accordancewith Minnesota Pollution Control Agency requirements.·Site shall be kept clean at all times and refuse properly controlled.·A separate container shall be placed for disposal of hazardous waste. Hazardouswastes shall be disposed of in accordance with MPCA requirements.·No concrete washout shall occur on site unless it is done with an approvedMinnesota Pollution Control Agency (MPCA) device or standard.·The contractor shall inspect on a weekly basis and after any rainfall greaterthan 1” all erosion control devices and make any repairs immediately. Aninspection log shall be kept on site detailing these inspections and repairspreformed.·The street will be swept clean before the end of each day of active construction,when sediment is tracked into the street.·If necessary, vehicles, that have mud on their wheels, shall be cleaned beforeexiting the site in the rock entrance areas·Moisture shall be applied to disturbed areas to control dust as needed.·Portable toilet facilities shall be placed on site for use by workers and shall beproperly maintained.·Temporary pumping shall not be permitted without the use of an approvedMinnesota Pollution Control Agency (MPCA) device or standard.·All exposed soil areas will be stabilized as soon as practical. Unworked soils thatremain exposed and not in use for longer than 14 days will be covered withtemporary seed (grass, oats, or wheat)·Temporary erosion control shall be installed no later than 14 days after the site isfirst disturbed and shall consist of broadcast seeding with Minnesota Department ofTransportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spraymulch.·Areas with slopes greater than 3 to 1 and areas next to wetlands/waterbodies gradedor exposed during construction shall be protected with temporary vegetation,mulching or other means as soon as practical.·Erosion control measures shown on the erosion control plan are the absoluteminimum. The contractor shall install temporary earth dikes, sediment traps orbasins and additional silt fencing as deemed necessary to control erosion.SITE WORK COMPLETION:·When final grading has been completed but before placement of seed or sod an “asbuilt” survey shall be done per City of Orono requirements to insure that gradingwas properly done.·When any remedial grading has been completed, sod or seeding shall be completedincluding any erosion control blankets for steep areas.·When turf is established, silt fence and inlet protection and other erosion controldevices shall be disposed of and adjacent streets, alleys and walks shall be cleanedas needed to deliver a site that is erosion resistant and clean.·Contractor shall maintain positive drainage of a minimum 2% slope away fromproposed building.SURVEYED DATE:DRAFTED DATE:APRIL 15, 2025SEPTEMBER 17, 2025DRAWING ORIENTATION & SCALE40'20'01 INCH = 20 FEET75 foot setback
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