HomeMy WebLinkAboutResolution 7685 Approving Variance Accessory Building 1100 Millston Rd O
�T CITY OF ORONO
1 VO RESOLUTION OF THE CITY COUNCIL
�„ ��A NO. 7685
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 06.12.7040
FILE NO. LA26-000007
WHEREAS, on February 17, 2026, on behalf of Barbara Burwell (hereinafter the"Owner"),
Allied Construction (hereinafter the"Applicant"), applied for variances from the City Code for the
property addressed 1100 Millston Road and legally described as:
Lots 3, 4, 5, Block 1, Millston;and
Lot 2, Block 1, Millston, except that part which lies westerly of the following described line:
commencing at the southwest corner of said Lot 2;thence northerly along the west line of
said Lot 2, a distance of 340 feet to the point of beginning of the line being described;
thence northeasterly, deflecting right 45 degrees a distance of 44.5 feet, thence northerly,
deflecting left 45 degrees a distance of 186.5 feet, thence northwesterly, deflecting left 45
degrees a distance of 44.5 feet to the said west line, and said line there ending(Torrens)
(hereinafter the"Property");
WHEREAS, the Property has six(6) accessory buildings totaling 9,047 square feet, of
which 7,000 square feet is allowed based on the Property's size. Four of the buildings are
defined as oversize accessory buildings (hereinafter"OAB") as follows: a 1,080 square foot
caretaker cottage; a 2,140 square foot maintenance garage (red barn); a 1,280 square foot
detached white garage; and a 2,613 square foot greenhouse; and
WHEREAS, the Applicant has made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 6.12.7040 to allow construction of a new 11,126 square
foot OAB; and
WHEREAS, as part of the project, three (3) of the existing OABs are proposed to be
removed and replaced with the new 11,126 square foot maintenance building defined as an
OAB, resulting in a reduction from four(4) to two (2) OABs on the Property, where only one
OAB is permitted; and
WHEREAS, the Applicant requests an additional variance from Section 6.12.7040 to
permit 14,140 square feet of accessory building footprints where 9,047 square feet currently
exists and 7,000 is the maximum permitted; and
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CITY OF ORONO
AT� RESOLUTION OF THE CITY COUNCIL
Gh N0. 7685
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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 allowed to speak thereon;
and
WHEREAS, on April 18, 2026, the Planning Commission recommended approval of the
variance; and
WHEREAS, on May 26, 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-1AOne-Family
p y Lakeshore Residential Zoning District.
A3. The Property contains 12.7 acres in area. Including the Property, the Owner owns the
surrounding properties totaling 38.5 acres of land.
A4. The Property is within Tier 1, and hardcover is limited to 25% according to the
Stormwater Quality Overlay District. The project will result in a total of 13.8% hardcover
for the Property.
A5. Applicant has applied for the following variances:
a. Variance to exceed the maximum number of OABs
b. Variance to exceed the accessory building footprint limit of 7,000 square feet
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.
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qT CITYNO. 7685 OF ORONO
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ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The variance is consistent with the intent of the
ordinance, which is to prevent excessive massing, overcrowding, and overdevelopment.
On a large acreage parcel, consolidation of multiple buildings into a single building
reduces the spread of buildings throughout the site and reduces visual clutter, as a result,
addressing the underlying purpose of the ordinance.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances are consistent with the Comprehensive
Plan, which supports low-density residential development patterns that preserve open
space, maintain rural character, and accommodate reasonable use of large-acreage
properties. The proposal to combine multiple buildings into a single building reduces
visual clutter and consolidates the developed areas of the Property. The scale of the
proposed building does not conflict with long-term land use guidance for the area.
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
requested variances are necessary to allow reasonable use of the Property in a
manner consistent with its size, configuration, and existing development pattern.
The 12.7-acre parcel is currently improved with multiple accessory structures and
buildings, including several oversized accessory buildings (OABs). The Applicant
proposes to remove three existing OABs and replace them with a single building.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The practical difficulties are due to the unique
conditions of the Property, including its large size and the multiple existing OABs
constructed over time. These conditions create a situation where strict
application of the ordinance results in an impractical and disconnected site
layout. The need for the variance is not created by the Owner, and
c. The variance, if granted, will not alter the essential character of the locality."
Granting the variances will not alter the essential character of the surrounding
area. The proposal results in a net reduction in the number of OABs, decreases
visual clutter, and improves site organization. The new building will be
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adequately screened by distance, vegetation, and/or topography and will not
appear out of scale given the size of the Property.
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." Residential accessory buildings are permitted within the LR-1A Lakeshore
Residential 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."Thes spec
ial conditions applying to the structure or land in question are peculiar to such
propertyor immediately
adjoining property."Th
e variance request is driven by unique
characteristics of the Property, including its large
ge size (12.7 acres), existing
improvements, and the presence of multiple OABs added to the Property over time.
These circumstances create a condition where compliance with the current code
standard—particularly the limitation to a single OAB and overall footprint cap—results in
an inefficient and scattered building layout.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located."The conditions supporting the variance do not apply generally to other
land or structures in the district. The Property's size (12.7 acres) and existing
improvements, including multiple OABs established over time, are not typically found
within the district or more broadly within the city. Most properties do not have the same
capacity to accommodate a larger building without adverse impacts. Therefore, the
circumstances justifying the variances are specific to this Property and are not generally
applicable.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the variances is necessary for the
preservation and enjoyment of a substantial property right, specifically the ability to
reasonably utilize a large residential property with accessory buildings that are
functionally sized to its scale. The proposed combination of the buildings allows the
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CITY OF ORONO
0 RESOLUTION OF THE CITY COUNCIL
A� G� NO. 7685
I�kESH�4�
Owner to maintain customary accessory uses in a more efficient and organized manner.
Denial of the variance would limit the owner to a less functional arrangement of multiple
smaller structures, which is not consistent with the reasonable expectations for use of a
property of this size.
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 of the
variances will not impair health, safety, comfort, or general welfare, nor will it be contrary
to the intent of the ordinance. The proposed building will be adequately screened from
adjacent properties through distance, vegetation, and/or topography, minimizing visual
impacts. The proposal does not introduce hazards, increase density in a manner that
would strain infrastructure, or negatively affect neighboring properties, and is therefore
consistent with the overall intent of the zoning regulations.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The practical difficulty is not created by
the Owner but rather arises from the relationship between the Property's scale and
existing improvements and the uniform application of code standards that do not
differentiate significantly between smaller residential lots and large-acreage properties.
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 6.12.7040 to allow construction of a new
11,126 square foot OAB, replacing three of the existing OABs (greenhouse, white garage, and
red barn) reducing the number of OABs from four to two; and allow the Property to exceed the
maximum permitted accessory building footprint area by 7,140 square feet, subject to the
following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey by Azimuth Land Surveying dated May
30, 2026, 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 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
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�O� CITY OF ORONO
Q RESOLUTION OF THE CITY COUNCIL
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A�l G`� NO. 7685
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obtained within one year of the date of Council approval, or the variance will expire on
that date (May 26, 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 26' day of May, 2026.
ATTEST: °i'� CITY OF ORONO:
Chris ' Lusian, Ci rk Bob Tunheim, Mayor
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