HomeMy WebLinkAboutResolution 7671 Approving Variance Inground Pool 2245 French Creek Rd LAND TYPE Abstract (A)
DOC NUM 11448604
Certified, filed and/or recorded on
Mar 20, 2026 3:45 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 193 Pkg ID 2888337E
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 March 9, 2026.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stifle Lusian, City Clerk
sO�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL 1
ye, NO. 7671
l9kESHO�-
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 6.12.6240 & 6.12.9110
FILE NO. LA26-000003
WHEREAS, on January 20, 2026, The Landschute Group, (hereinafter the
"Applicant")applied for variances from the City Code for the property addressed 2245 French
Lake Road, Orono and legally described as Lot 1, Block 1, Johnston's French Lake, Hennepin
County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for
variances from Orono Municipal Zoning Code Section 6.12.6240 and 6.12.9110 for an in-ground
swimming pool, patio, and associated hardcover, respectively, within the 150-foot lake setback;
and
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 given the
opportunity to speak thereon; and
WHEREAS, on February 17, 2026, the Planning Commission voted 4 to 0 in favor
of a motion to recommend approval of the variances as recommended by staff; and
WHEREAS, on March 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 variances as described above based on one or more
of the following findings of fact concerning the Property:
FINDINGS OF FACT:
Al. This application was reviewed as Zoning File LA26-000003. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from
the above-mentioned meetings, and any and all other materials distributed at these
meetings are hereby incorporated by reference.
A2. The Property is located in the Shoreland Overlay District and the RR-1B, One-Family
Rural Residential Zoning District.
1
�0�0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A
•
NO. 7671
`lkESHOV-
A3. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District, and the Applicant is proposing 18.2% hardcover,
where 25% is allowed, with this project.
A4. The Property is located along the lakeshore of French Lake, a Natural Environment lake
with a lake setback of 150 feet.
A5. Variances were approved in 2023 by Resolution 7174 that allowed for the
redevelopment of the Property, including a new residence, pool and patio, all partially
within the 150-foot lake setback.
A6. The Applicant applied for structural and hardcover variances within the 150-foot lake
setback.
A7. The project is to allow for the relocation of a proposed pool and patio into a new location
within the lakeyard.
A8. In considering this application for a variance, 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.
VARIANCE ANALYSIS:
B1. Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance; although the proposal involves an 8-foot encroachment
towards the lake, it is a minor expansion within an area once covered by a patio, prior to
the redevelopment of the Property, and involves a decrease in total hardcover on the
site and in the lakeyard; and
B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposed variance to allow for amenities to a residential use in RR-18 zoning district is
consistent with the comprehensive plan; and
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; a pool
2
�O�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF NO. 7671
`�kESH0%-
and patio are a reasonable use on the Property, and the proposed location reduces
hardcover at the expense of a minor encroachment toward the lake; and
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner; the setbacks applied to this Property create a challenging
building envelope, where most reasonable improvements cannot easily be sited in a
conforming location; and
c. The variance, if granted, will not alter the essential character of the locality; the
character of the locality will not be altered with the granting of a variance, as the
Property has an existing variance for a pool and patio within the shore setback
zone.
B4. Economic considerations alone do not constitute practical difficulties; economic
considerations do not impact the finding of practical difficulties with the Property; and
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; and
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; and
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; and
B8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property; the Applicant has preserved many of the site's
existing conditions and features, including the septic system and much of the driveway.
These existing improvements are all partially within the building envelope of the Property,
making it extremely difficult to relocate the pool and patio into a conforming location; and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the layout of the Property is unique, including the existing improvements on
site such as the septic system and tennis court; and
B10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the Applicant; a variance would allow for a reasonable shift in
the pool and patio location to accommodate improvements to the existing septic system
3
�O�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF •
NO. 7671
�"9kEsxo°-
and decreasing the hardcover in shore setback. Being able to maintain a reasonable use
of the site with this new variance is necessary for the rights of the property owner, and
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; the home was
demolished in 2023 and variances were granted for a new home and accessory
improvements. The hardcover of the patio lakeward of the original house was
approximately 95 feet away from the OHWL and the new proposed pool and patio are
located 88 feet from the OHWL. Although the proposal involves shifting hardcover closer to
the lake, there will be a decrease in the total hardcover for the site and in the shore setback
zone based on the proposed reorientation and removals. Given that many of the
improvements on properties on French Lake are within the shore setback zone, the
variance should not impact the health, safety of welfare of residents in the area; and
B12. The granting of such variance will not merely serve as a convenience to the Applicant, but
is necessary to alleviate demonstrable difficulty; the granting of the requested variance is
reasonable and would allow for a relocation of hardcover outside of a shallow building
envelope.
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 and 6.12.9110 for a new in-
ground swimming pool, patio, and hardcover, respectively, within the 150-foot lake setback,
subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan submitted by the Applicant, attached
to this Resolution as Exhibit A.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the owners, but are
permissive only and must be exercised by obtaining a permit for the sauna building and
commencing construction of said project. A footing inspection for the pool must be
completed within one year of the date of Council approval, or the variance will expire on
that date (March 9, 2027).
4
8,7LOATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� �: NO. 7671
l�kfSHO��
5. 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 March, 2026.
ATTEST: CITY OF ORONO:
Ch ' ' Lus41Ir ity Clerk Bob Tunheim, Mayor
5
I
Bs�n fo
00'OLZ 3.00,OS.LO S
Ei
Cn
iws.os
' ';:i///i/4::::.)iN :
Ow
�s .. 41;/
iii/'
A, • ik 3l 6 �� s
t,
, ..� ( : ''x
g,
-4,'IC
A m ii
to II d§
4r
� , 4 „ (
____y „. ., --m , ,
f
a 9
P
r J- 1 ix }
f
F 1
Ara
PAr i ma a a �x a.
S\ mx
\L11EkIlg). k 1,. %\
r 8
\
=ma a
x �j
dx x o M NxezR ra
`m " - a x mw^ 3 " `
m d � I d
111 ..,„i
.
% \ x . o I -tsr O \OO wo \ O • \Leld 00'09Z'see — ---- _
W 46'69Z 3.9b,6E.20 N � —- ---
H _ m a x m 1m, g - m
DICO IKIF P.ili z g o r 9 wm
,se-aA „oP 3 9 5
a.61h.aa g�.o$ °1 r m Al E z
Y s3 spa�2 Via- �a'� m • P � z
S^-m aa3 �q sa F_ p O
3aoa$ s is. Xi. S 0 HA O� o e ) ¢ ' 9 0 ' u eta ; Z
a a ae a o
p O m
�* $ € �o zo � a v ! 0 5 a ' a
Va 's asm 1 8 ¢$ Zm 2m mz Y a '" " ti
gA' me aaa 8 a 1 my ;m <a 2 F. i 4 '
8 �D Dp Om I
,,s a$ 6a5 d 1 = O� rO 92 4
3 $m11.1 $ z n �(7,, -
LE-
2 o
o p a : = .1"4 8 3 -''il [11s . J.l�—mil
pp C -R EZ aaaSa -a } A
^ a A ' w z 5 Ro n I— lg am2eF g“:q.z1sm .C4 s 35 _2
D A 5� : z c q a° ' i. v e $§g . ieyf„l.e ac�a? A cs 1
T. c 1 C _ 2 �4 a 3 y z y O =$•� $y;aa3�'_. & = MI -pj
o o Osm 0 g�•so's Ea'a'�a 5Z z pZ 1 m
o = A A =1'4 m ms Y=1a# " 11F.;0a p gme il c
z 3 < Z lass` to;psi' u 2 " 1
m a 0 it goal' oaga
:i. #2 e-'sx a m 2