HomeMy WebLinkAboutResolution 7681 Approving Variance Garage 900 Dakota Ave -sWi CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 7681
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A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.1350
FILE NO. LA26-000013
WHEREAS, on March 25, 2026, Woodcraft Design Build (hereinafter the
"Applicant"), on behalf of Jesse & Rebecca Lucking (hereinafter the "Owner") applied for a
variance from the City Code for the property addressed 900 Dakota Avenue, Orono and
legally described as:
Lot 3, Johnston's Rearrangement of Albee's Long Lake Addition
(hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a
variance from Orono Municipal Zoning Code Section 6.12.1350 for a 697-square-foot garage
addition located 10 feet from the side property line and 39.6 feet from the rear property line; and
WHEREAS, on April 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 given the opportunity to
speak thereon; and
WHEREAS, on April 20, 2026, the Planning Commission voted 6 to 0 in favor of a
motion to recommend approval of the variance as recommended by staff; and
WHEREAS, on May 11, 2026 the City Council accepted the findings of the
approval for the requested variances; 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 LA26-000013. 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.
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A2. The Property is located in the LR-1A, One-Family Lakeshore Residential Zoning District.
A3. The Property is within Tier 3 and hardcover is limited to 35% according to the
Stormwater Quality Overlay District, and the Applicant is proposing 16.4% hardcover.
A4. The Applicant applied for side and rear setback variance for a two-car garage addition to
the existing single-family residence.
A5. The Property contains 0.64 acres in area and a defined lot width is 127 feet, which
establishes a 12.7-foot side setback.
A6. 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; the proposed project harmonizes with the intent and purpose
of the ordinance. Although the addition is proposed within the setbacks, it allows for the
property to come closer to zoning conformance with the relocation of a nonconforming
shed; and
B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposed variance to add a two-car garage to an existing principal residence in LR-1A
zoning 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; the
proposal to add a two-car garage to the home in place of a one-car garage is
reasonable; and
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner; the home was sited and constructed by a previous owner
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within the rear setback of the Property, with the driveway and access being located
along the far southern side; and
c. The variance, if granted, will not alter the essential character of the locality; the
proposed addition will match the character of the existing home, and will reduce or
not impact the existing nonconformities present on the Property.
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 I
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78; this condition is not applicable to the variance; 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; garages attached to single-family residences are permitted within LR-1A zoning
district 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 to the variance; and
B8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property; the Property, and others in the immediate
vicinity are substandard with regards to lot size and width, with many homes built between
the 1950s and-70s, prior to the adoption of the zoning code. The proposal utilizes the
existing conditions to the best extent possible, and involves the reduction of
nonconformities on the Property, and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; unlike many of the substandard lots in the area, the Property backs up to a
wooded, 17-acre property with an existing single-family residence over 500 feet away. The
rear setback is intended to create separation between buildings, especially for scenarios
where two residences back up to each other. Although the addition encroaches 10.4 feet
into the 50-foot rear setback, it will not adversely impact the neighboring property, and
B10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the Applicant; the Applicant has proposed a two-car garage
addition that does not further encroach into the rear setback than the house, and allows
the removal of a driveway and shed located 3.3 feet from the side property line, reducing
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the existing nonconformity. Granting a variance under these circumstances is
reasonable and necessary for the preservation of the Owners'property rights; 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 addition is
proposed in a reasonable location, and addresses some significant nonconformities on the
Properly, where the health, safety, comfort and morals of residents and owners will not be
impacted; 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 a variance for the
proposed project will alleviate a significant difficulty placed on the Owners who intend to
improve their property with a modest garage addition that will reduce the existing
nonconformities of the site and result in no further encroachment to the rear of the
Property.
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 6.12.1350 for a 697-square-foot garage
addition 10 feet from the side property line, and 39.6 feet from the rear property line, subject to
the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey and building plans submitted by the
Applicant, attached to this Resolution as Exhibit A & B, respectively.
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 Owner, but are
permissive only and must be exercised by the issuance of a permit for the proposed
addition and commencing construction of the project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (May 11, 2027).
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 11th day of May, 2026.
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RESOLUTION OF THE CTTY COUNCIL
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NO. 7681
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