HomeMy WebLinkAboutResolution 7663 Approving Variance Addition 2697 Kelly Ave LAND TYPE Torrens (T)
DOC NUM 6189092
Certified, filed and/or recorded on
Mar 9, 2026 9:32 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 102 Pkg ID 2884416E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing are the original resolutions and documents adopted by the City Council.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
Stine Lus , City Clerk
�O T CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
,, No. 7663
tgkESHO°'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.6240
FILE NO. LA25-000054
WHEREAS, on December 10, 2025, on behalf of David and Kelly Gigerich (hereinafter the
"Owners"), Revision LLC (hereinafter the "Applicant"), applied for a variance from the City Code for
the property addressed 2697 Kelly Avenue and legally described as:
Lot 1, Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 6.12.6240 to allow construction of a home addition and
modifications to the existing roof within the average lakeshore setback, and
WHEREAS, on January 20, 2026, 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 January 20, 2026, the Planning Commission recommended approval of
the average lakeshore setback variance; and
WHEREAS, on February 9, 2026, 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:
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 B One-Family Lakeshore Residential Zoning District.
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RESOLUTION OF THE CITY COUNCIL
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A3. The Property contains 0.53 acres in area and has a defined lot width of approximately
450 feet measured at the OHWL, and 97 feet measured 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 an 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:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The Property includes difficulties in its shape, size,
proximity to the lake, and the orientation of the adjacent property and home. The addition
is proposed on the east side of the home. The average lakeshore setback variance will
not impact views of the lake for the single property on the west side. This criterion is met.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variance to construct an addition to the existing
home is 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 allow the addition in the proposed location, partially within the average
lakeshore setback, appears to be reasonable considering the location and
orientation of the neighboring home and the lot shape and size.
b. The plight of the landowner is due to circumstances unique to his property, not
created by the landowner. The shape and orientation of the Property and the
location of the neighbors' home result in a limited legal building envelope. The
location of the addition will not impact the existing views of the lake for the only
affected neighbor. The circumstances are unique to the Property, and
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O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� �4" NO. 7663
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C. The variance, if granted, will not alter the essential character of the locality." The
proposed addition will conform to all other applicable zoning requirements. The
variance is requested to permit the construction of an addition that will not
adversely impact the neighborhood character.
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 the affected person's land is
located." This condition is not applicable, as a single-family 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 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 unique shape, size, and
orientation to the lakeshore and its relationship to the adjacent home create difficulties for
improving the Property consistent with the other homes in the neighborhood.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located."The Property's unique shape and the setback of the adjacent homes
create difficulties for the Owners.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the average lakeshore setback
variance 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 variance in this unique situation is not contrary to the intent of the zoning
chapter.
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RESOLUTION OF THE CITY COUNCIL
yF G4` NO. 7663
tgkESHO
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The requested variance is necessary and
does not merely serve as a convenience to the Applicants.
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 a home
addition and modifications to the roof, lakeward of the average lakeshore setback, subject to the
following conditions:
C1.Council approval is based on the entire record and the above Findings.
C2.The approved project shall conform to the survey dated 3/22/2024 and updated on
12/05/2025 by Gronberg and Associates, 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 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
obtained within one year of the date of Council approval, or the variance will expire on
that date (February 9, 2027).
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 9th day of February, 2026.
ATTEST: CITY OF ORONO:
Chri ti usi , ity Clerk Bob Tunheim, Mayor
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