HomeMy WebLinkAboutResolution 7644 Variance Lake Setback 1978 Shadywood LAND TYPE Torrens (T)
DOC NUM 6173083
Certified, filed and/or recorded on
Dec 1, 2025 1:47 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 129 Pkg ID 2853296E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1509668
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.
C
Stine Lusi If, City Clerk
a
icLOiO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF 4' NO. 7644
l-A-EsHO'
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 6.12.6240
FILE NO. LA25-000047
WHEREAS, on October 21, 2025, Brian Peters (hereinafter the"Applicant"), applied for
variances from the City Code for the property addressed 1978 Shadywood Road and legally
described as:
Lots 38 and 39, Shady-Wood, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has made an application to the City of Orono for variances
from Orono Municipal Zoning Code Section 6.12.6240 to allow c nstruction of a 5-foot-tall
privacy screen and a 10.2' x 20' open porch over a portion of the xisting deck within the 75-foot
lake setback; and
(
WHEREAS, the Applicant has made an application to the City of Orono for a variance
from Orono Municipal Zoning Code Section 6.12.6240 to allow a -foot-tall privacy screen to
encroach approximately 2 feet lakeward of the average lakeshor setback; and
WHEREAS, on November 17, 2025, after published and mail d notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission eld a public hearing, at which
time all persons desiring to be heard concerning this application ere allowed to speak thereon;
and
WHEREAS, on November 17, 2025, the Planning Commission recommended approval of
the variances; and
WHEREAS, on November 24, 2025, the City Council reviOwed the application and the
recommendations of the Planning Commission and City staff; an
NOW, THEREFORE, BE IT RESOLVED that the City Co ncil of Orono, Minnesota,
hereby approves the requested variances as described above ba ed on one or more of the
following findings of fact concerning the Property:
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-,cLpAt0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7644
kESHOl--
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 Lakeshoire Residential Zoning District.
A3. The Property contains 0.32 acres in area and has a defined lot width of 101 feet at the
OHWL and 108 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 Property currently contains 31.9% hardcover; the project will result in 31.8%
hardcover, a reduction of 6 square feet.
A6. Applicant has applied for the following variances:
a. 75-Foot Lake Setback Variance
b. Average Lakeshore Setback Variance
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.
ANALYSIS:
B1."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 its size and proximity to the lake.
The proposed porch addition will not encroach closer to the lake than the existing deck
and does not encroach into the average lakeshore setback. The average lakeshore
setback variance requested for the privacy screen is minimal 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 variances to construct a small open porch addition
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO47644
and privacy screen, resulting in a 6 square foot reduction in hardcover on the Property,
are consistent with the comprehensive plan.
B3."Variances may be granted when the applicant for the varian a establishes that there are
practical difficulties in complying with the zoning ordinance. ` ractical 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 allow the privacy screen and open porch addition entirely within the
75-foot setback and (a portion of the privacy screen within the) average
lakeshore setback appears to be reasonable, considering the location of the
existing home and its proximity to the lake, and the orientation of the neighboring
homes is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The location of the exist ng home prevents changes or
expansions, particularly on the lake side. The proposed overall hardcover level is
being reduced, and the privacy screen and porch addition will not impact the
views of the lake from the neighboring homes. The circumstances are unique to
the Property;
c. The variance, if granted, will not alter the essential character of the locality." The
variances requested to permit the construction of a privacy screen and a small,
open porch addition to the home, designed over an existing deck to 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
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 tlhe affected person's land is
located." This condition is not applicable, as improvements to the principal building are
allowed in the LR-1 C District.
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-cL0At0
CITY F ORONO
RESOLUTION OF THE CITY COUNCIL
ti� NO. 7644
I44-ESHO�F,
G
B7."The board or council may permit as a variance the tempora 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 horhe's proximity and orientation
to the lakeshore and the location of the adjacent homes create difficulties for the Owners
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 condition of the extreme proximity of the home to the lake
creates difficulties for the owners.
B10."The granting of the application is necessary for the preserve tion and enjoyment of a
substantial property right of the applicant." Granting the variances is 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
requested variances 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 reque ed variances are necessary
to address the limited building area of the Property and do of merely serve as a
convenience to the Applicant.
CONCLUSIONS, ORDER, AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances from Orono Municipal Zoning Code Section 6.12.6240 to allow construction of a 10.2'
x 29' open porch 48 feet from the OHWL, a 5-foot-tall privacy screen (on top of the deck) 41 feet
from the OHWL and 2 feet lakeward of the average lakeshore setback, subject to the following
conditions:
C1.Council approval is based on the entire record, above Fin1ings.
I
C2.The approved project shall conform to the building plans slubmitted by the Applicant and
annotated by City staff, attached to this Resolution as Exhibit A.
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I
�O�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tl/k NO. 7644
kESHO
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 Applicant, 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 24, 2026).
C5.Violation of or non-compliance with any of the terms and onditions of this resolution
may result in the termination of any authority granted here n.
ADOPTED by the Orono City Council on this 24th day of November, 2025.
ATTEST: CITY OF ORONO:
Christine , lerk Bob Tunheim Mayor
5
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