HomeMy WebLinkAboutResolution 7667 Approving Variance New Home 3590 North Shore Dr ,1 II ill
LAND TYPE Abstract (A)
DOC NUM 11445458
Certified, filed and/or recorded on
Mar 9, 2026 9:33 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 191 Pkg ID 2884418E
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 are the original resolutions and documents adopted by the City Council.
Officiallysigned as CityClerk of Orono, Minnesota and the seal of the city.
g h'
stine Lusi , City Clerk
�OAO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1F NO. 7667
1-Ws
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
CHAPTER 6.12 SECTIONS 1550; 6240; AND 9110
FILE NO. LA26-000004
WHEREAS, on January 21, 2026, Robert Arone (hereinafter the "Applicant"), applied for
variances from the City Code for the property addressed 3590 North Shore Drive and legally
described as:
That part of Lots 8 and 9, Block 2, BALDUR PARK, Hennepin County,
Minnesota, lying northwesterly of County Road No. 51 (hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance from
Orono Municipal Zoning Code Section 6.12.1550 to allow construction of a two-story home on a
substandard lot 0.3 acre in area, where 0.5 acre is required; and
WHEREAS, the Applicant has made application to the City of Orono for variances from
Orono Municipal Zoning Code Section 6.12.1550 to permit the following to support construction
of a new home:
• A 22.5-foot setback from the rear lot line, where 30 feet is required;
• A 7.4-foot setback from the north side lot line, where a 10-foot setback is required;
• A 59.6-foot setback from the OHWL, where a 75-foot setback is required; and
• An encroachment of 7 feet into the average lakeshore setback; and
WHEREAS, the Applicant has made an application to the City of Orono for a variance
from Orono Municipal Zoning Code Section 6.12.9110, to permit approximately 240 square feet
of hardcover within the 75-foot setback from the OHWL.
WHEREAS, on February 17, 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 February 17, 2026, the Planning Commission recommended approval of
the variances conditioned upon the Applicant planting two native trees within the 75-foot
setback to provide screening mitigation of the additional massing resulting from the new second
story; and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7667
WHEREAS, on February 23, 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 variances 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 C One-Family Lakeshore Residential Zoning District.
A3. The Property contains 0.3 acres in area and has a defined lot width of 102 feet at the
OHWL, and 109 feet at the 75-foot setback from the OHWL.
A4. The Property is within Tier 1, and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for the following variances:
a. Lot Area Variance
b. 75-foot Lake Setback Variance
c. Average Lakeshore Setback Variance
d. Side Yard and Rear/Street Setback Variance
e. Hardcover within the 75-foot Lake Setback
A6. 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 Applicant is not proposing to increase the footprint
of the home. 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 proximity to the lake, making development difficult.
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g0.At0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
S �4" NO. 7667
l�kESHO��
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances proposed to rebuild a new home with a similar
footprint on this nonconforming lot are 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 permit the construction of a new residence on the substandard lot is
reasonable. The proposed conditions are consistent with the existing conditions.
The views of the lake enjoyed by the neighbors to the east will not be adversely
impacted by the new home.
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 improvements, restricted roadway, lot size, and
depth are challenges not created by the owners. As designed, the project includes
maintenance of the current conditions;
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 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 residence is an allowed use in the LR-1 C
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.
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�O�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7667
q'ESHOO.
B8."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The Property's substandard size (area and
depth), location, proximity to the lake and the busy County roadway, and existing
conditions create difficulties that also apply to many of the properties along North Shore
Drive in the same neighborhood.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." Other properties in the general neighborhood are subject to similar
challenges; however, the Property is unique regarding the adjacent vacant property and
the extreme meander of the lakeshore contour.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed hardcover and structural levels
are well under the maximums. 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 would not be 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 variances for lot size and setback are
necessary and do 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 the
following variances from the Orono Municipal Code to allow construction of a two-story home
with 4-foot-wide roof eaves/overhangs:
• Section 6.12.1550 to permit redevelopment of a substandard lot 0.3 acre in area, where
0.5 acre is required;
• Section 6.12.1550 for:
o A 22.5-foot setback from the rear lot line, where 30 feet is required;
o A 7.4-foot setback from the north side lot line, where a 10-foot setback is
required;
o A 59.6-foot setback from the OHWL, where a 75-foot setback is required; and
o An encroachment of 7 feet into the average lakeshore setback; and
• Section 6.12.9110, to permit approximately 240 square feet of hardcover within the 75-
foot setback from the OHWL, subject to the following conditions:
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*4-
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7667
kESHO
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey dated 01/20/2026 by Premier Land
Surveying LLC, and the building plans provided by the Applicants and annotated by City
staff, attached to this Resolution as Exhibits A & B.
C3.The Applicant shall plant two (2) native trees within the 75-foot shore setback to mitigate
the impacts of the additional mass of the home within the lake setback. The placement
of the trees shall be shown on a survey or landscape plan submitted with the building
permit and shown in a location that will provide screening of the home from the lake.
C4.Any amendments to the plans that do not conform to City codes may require additional
review by the Planning Commission and City Council.
C5.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 (February 23, 2027).
C6.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 23rd day of February 2026.
ATTEST: CITY OF ORONO:
Christine Lusian, ity Clerk Bob Tunheim, Mayor
5
deck + balcony
PC
Exhibit C2Proposed Conditions
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to the site plan or
survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as
all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict the
proposed hardcover of the property. For Tier 1 properties, identify any features by letter that are within the 75-
foot setback or split at the 75’ setback line and calculate hardcover square footage separately for each portion.
Key to
Survey Hardcover Item (Describe) Length x Width Total
(Square Feet)
(Example)(Garage)(24’ x 30’)(720 S.F.)
A S.F.
B S.F.
C S.F.
D S.F.
E S.F.
F S.F.
G S.F.
H S.F.
I S.F.
J S.F.
K S.F.
L S.F.
M S.F.
N S.F.
O S.F.
P S.F.
Q S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1) Total Proposed Hardcover S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F.
(4) Total Lot Area S.F.
Proposed Hardcover Percentage [ (3) ÷ (4) ] %
PC Exhibit F Proposed Plans