HomeMy WebLinkAboutResolution 7687 Approving Variance Side Setback 1520 Bohns Point Rd �0AT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� NO. 7687
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A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.1450
FILE NO. LA26-000017
WHEREAS, on April 27, 2026, Travis Van Liere Studio (hereinafter the "Applicant"),
applied for an after-the-fact variance from the City Code for the property addressed 1520
Bohns Point Road, Orono and legally described as:
That part of Lot 1 in Section 9, Township 117, Range 23, described as
follows; Commencing at a point on the West line of said Section 9, 400 feet North
from the Southwest corner of said Section 9, thence North along said West line of
Section 9, 100 feet; thence East on a line parallel to the South line of said Section 9
to the shore of Lake Minnetonka; thence Southerly along the shore of Lake
\,.-' Minnetonka 105.62 feet; thence West on a line parallel to the South line of said
Section 9 to the point of beginning, according to the U.S. Government Survey
thereof, Hennepin County, Minnesota. (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a
variance from Orono Municipal Zoning Code Section 6.12.1450 for after-the-fact approval of a
patio located 6.7 feet from the side property line where 10 feet is required; and
WHEREAS, on May 18, 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 May 18, 2026, the Planning Commission voted 6 to 1 in favor of a
motion to recommend approval of the after-the-fact variance against the recommendation made
by staff; and
WHEREAS, on May 26, 2026, the City Council reviewed the recommendations of
staff and the Planning Commission, and voted 3 to 1 in favor of a motion to direct staff to draft a
resolution with findings of approval; and
WHEREAS, on June 8, 2026 the City Council accepted the findings of the
approval for the requested after-the-fact variance; and
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icLOAO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y : NO. 7687
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NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby grants approval after-the-fact for the requested variance 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 LA26-000017. 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 LR-1 B, One-Family Lakeshore Residential Zoning District.
A3. The Property is within Tier 1 and hardcover is limited to 25% of lot area according to the
Stormwater Quality Overlay District, and the Applicant is proposing 29.7% hardcover.
Prior to proposed project, the existing hardcover on the Property was legally
nonconforming at 30.7%.
A4. In August of 2024, an admirative zoning permit, Z24-000032, was issued for landscaping
work on the Property that included patio space. In April of 2025, an amended patio plan
was provided with the permit for review, but was not approved. The work on the Property
was completed in 2025 without zoning approval for the changes in the patio.
A5. The Applicant applied for an after-the-fact side setback variance for a patio.
A6. 65 square feet of the proposed patio encroaches 3.3 feet into the accessory structure
side setback of 10 feet.
A7. 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 intent and purpose of the ordinance is to create
separation and orderly spacing of improvements from property to property. The
Applicant's plan does not create the required physical separation between the patio and
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%%Ot T CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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the adjacent property, but implements screening to ensure the use of this space will not
create an adverse impact on the adjacent property; and
B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposal of patio space, accessory to a residential use within LR-1 B 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; the
proposal for a patio in an area of the Property that has been historically used for this
purpose is reasonable and appropriate; and
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner; the patio is designed around a challenging grade that the
existing house was built into. In order to protect the lower-level walkout from erosion
and drainage, utilizing most of the once existing, nonconforming patio space is
logical; and
c. The variance, if granted, will not alter the essential character of the locality; most of
the properties along Bohns Point Road have lake-facing patio spaces. Allowing for
a patio design and location that meets the needs of the Property is sensible. Given
this part of the Property has accommodated patio space in the past and the
encroachment amounts to less than 100 square feet, the character of the area will
not be adversely impacted.
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 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; structures, such as patios that are accessory to single-family residences, are
�-- permitted within LR-1B zoning district; and
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RESOLUTION OF THE CITY COUNCIL
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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 proposed patio location is wedged in
between a notable grade change and the side property line, where the least amount of land
disturbance would occur. Grading in this area to support a patio would either adversely
impact the lower-level walkout, or involve significant clearing of earth to make the land
suitable for a conforming patio; and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the patio space on the Property has historically been located near the
northern side property line, at a similar grade as the first floor of the house. There is a
lower-level walkout south of the patio space, with a several-foot grade change in between.
The only lake-facing egress from the first floor of the house exits to this patio space; and
B10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the Applicant; the patio is partially screened by a retaining
wall that is subject to a lesser setback. The patio allows for the Property to come closer
to conformance with hardcover, and moves the patio into a better screened location
further from the lake. The approval of a variance is necessary for the property rights of
the owners; 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 granting of a
variance will not impact the health, safety or welfare of residents and owners in the area.
The previously administratively-approved plan had a similar encroachment, but with grass
or a pervious surface opposed to stone. Ample screening has been provided to alleviate
the potential impacts of the encroachment; 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 patio will
alleviate a difficulty placed on the Applicant. Shifting the patio space into the Property to
meet the side setback would create difficulties with the slope and retaining wall solutions
in the lake yard or reduce the functional use of the space.
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,c7LOATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A� �: NO. 7687
`ikESHO
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 6.12.1450 for a patio located 6.7 feet
from the side 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 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 Owner, but are
permissive only and must be exercised by the issuance of an amended Zoning permit for
�-' the proposed project. The zoning permit must be issued within one year of the date of
Council approval, or the variance will expire on that date (June 8, 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 8th day of June, 2026.
ATTEST: ,!_' _ CITY OF ORONO:
Christine usian, Cis. rk Bob Tunheim, Mayor
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