HomeMy WebLinkAboutResolution 7643 Variance Hardcover 1840 Shadywood LAND TYPE Abstract (A)
DOC NUM 11422561
Certified, filed and/or recorded on
Dec 1, 2025 1:46 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 193 Pkg ID 2853293E
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 is the original resolution adopted by the City Council on November 24th, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
,1-311
Stine Lus , City Clerk
Ole'''.
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�Ot�O CITY F ORONO
RESOLUTION OF THE CITY COUNCIL
tiFc. NO 7643
l�kES HOiLf"
A RESOLUTION
APPROVING VARIANCES FRO
MUNICIPAL ZONING CODE
SECTIONS 6.12.1550 and 6.12.9210
FILE NO. LA25-000042
WHEREAS, on September 17, 2025, Scott Erickson and In rid Erickson, a married couple
(hereinafter the"Applicants"), applied for variances from the City Code for the property addressed
1840 Shadywood Road, and legally described as:
Lot 25, Shadywood, Hennepin County, Minnesota, (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for variances from
Orono Municipal Zoning Code Section 6.12.1550 to allow redevel pment of a lot 19,789 square
feet (0.45 acre) in area and 60 feet in width, where 0.5 acre and 100 feet of width are required;
and
WHEREAS, the Applicants have made application to the ity of Orono for a variance
from Orono Municipal Zoning Code Section 6.12.9210 to allow 6, 25 square feet or 32.5%
hardcover where 6,427 square feet (32.5%) currently exists and 25% is the maximum permitted;
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 Commissi n recommended denial of the
hardcover variance and approval of the lot are and lot width varia ce with a 7-0 vote; and
WHEREAS, on November 10, 2025, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff, and identified practical difficulties
to support the requested variances. Council directed preparation of findings for approval of the
variances.
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:
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-szLOATO CITY F ORONO
RESOLUTION'OF THE CITY COUNCIL
y� �;4' NO. 7643
t4kESHOV-
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-1 C One-Family Residential Zoning District.
A3. The Property contains 0.45 acres in area and has a defin d lot width of 60 feet.
A4. The Property is within Tier 1 and hardcover is limited to 2 % according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for the following variances:
a. Lot Area Variance
b. Lot Width Variance
c. Hardcover Variance
A6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the eff ct of the proposed variances
upon the health, safety, and welfare of the community, exi ting and anticipated traffic
conditions, light and air, danger of fire, risk to the public s fety, 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 variances are in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its depth and narrow
width, existing improvements, and the lack of on-street parking opportunities on
Shadywood Road, making development difficult.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances requested to redevelop the property with
nonconforming lot area and width are consistent with the c mprehensive plan. The
hardcover level requested to support the redevelopment re lects a minimal reduction from
the existing condition, which is reasonable.
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,cL0AT0 CITY OF ORONO
RESOLUTION'OF THE CITY COUNCIL
NOF 7643
l ,„E.:,.'AESHOlii-�
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 pemiitte by the official controls. The
request to permit the construction of a new reside ce on the substandard lot is
reasonable. The proposed hardcover level is a red ction from the existing
condition and is reasonable.
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
location and size of the existing garage and driveway, restricted roadway, lot
size, width, and depth are challenges not created by the owners. The hardcover
improvements are designed to be minimal yet functional. As designed, the
project reduces the current hardcover level;
c. The variance, if granted, will not alter the essential character of the locality."The
variances are requested to permit the construction of a new home on the
substandard residential property, which is reasonable.
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 inade uate access to direct sunlight
for solar energy systems. Variances shall be granted for eart -sheltered construction as
defined in Minn. Stat. §216C.06, subd. 2, when in harmony ith Orono City Code Chapter
78."This condition is not applicable.
B6."The board or the council may not permit as a variance any se that is not permitted under
Orono City Code Chapter 78 for property in the zone where t e affected person's land is
located." This condition is not applicable, as a residence is n 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 q 'estion are peculiar to such
property or immediately adjoining property."The property's ubstandard size (width and
depth), location, and existing conditions create difficulties t at also apply to many of the
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.‘ILOArO CITY F ORONO
RESOLUTION OF THE CITY COUNCIL
ti� G-4' NO. 7643
`AkESHO'?
properties in the same neighborhood. The proposed hardcover level is a reduction from
the existing condition and will not be out of character.
B9."The conditions do not apply generally to other land or struct res in the district in which the
land is located." Other properties in the Shadywood neighb rhood are subject to similar
difficulties, although the Property's depth and width are uni ue.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed strictural level (new home plus
the existing detached garage) is 566 square feet under the 20% maximum. Granting the
lot area and width variances is necessary for the preservation of the property rights of the
owners. The proposed hardcover level includes a minor reduction from the existing
condition.
B11."The granting of the proposed variance will not in any way i pair health, safety, comfort, or
morals, or in any other respect be contrary to the intent of thi chapter." Granting the
requested variances would not be contrary to the intent of t e 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 variances for hardcover
and lot size are necessary and do not merely serve as a convenience to the owners.
CONCLUSIONS, ORDER, AND CONDIl1IONS:
Based upon one or more of the above findings, the Orono CityCouncil hereby grants a
variance to Orono Municipal Zoning Code Section 6.12.1550 to a low redevelopment of a lot
19,789 square feet(0.45 acre) in area and 60 feet in width, wher 0.5 acre and 100 feet of width
are required; and Section 6.12.9210 to allow 6,425 square feet or 32.5% hardcover in
conjunction with construction of a new home, subject to the folio ing conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey dated 10/09/2025 submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
C3.Any amendments to the plans that do not conform to City odes 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
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-szL,ONU CITY F ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7643
t�kFS Ho0*
obtained within one year of the date of Council approval, r the variance will expire on
that date (November 24, 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 24th day of ovember, 2025.
ATTEST: CITY OF OR NO:
Ch istin usia ity Clerk Bob Tunheim, Mayor
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