HomeMy WebLinkAboutResolution 7691 Approving Variance Deck setback 4755 North Shore Dr �.O.iv- CITY OF ORONO
OIL RESOLUTION OF THE CITY COUNCIL
ti� NO. 7691
l'lkESHO0'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.6240(2)
FILE NO. LA26-000016
WHEREAS, on April 21, 2026, owner Nam Pham (hereinafter the "Applicant"),
applied for a variance from the City Code for the property addressed 4755 North Shore
Drive, Orono and legally described as:
Lots 5 and 6 and South 1/2 of Lot 7, Block 6, Bergquist&Wicklund's Park,
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 6.12.6240(2) for 475 square feet of deck
space located 20.5 feet from the top of bluff where 30 feet is required; and
WHEREAS, on June 15, 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 June 15, 2026, the Planning Commission voted 7 to 0 in favor of a
motion to recommend approval of the variance as recommended by staff; and
WHEREAS, on June 22, 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 LA26-000016. 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.
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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 to maintain the
existing 27.9% hardcover.
A4. The Applicant applied for a bluff setback variance to rebuild the deck on the Property.
A5. The property contains 0.36 acres in area and has a defined lot width is 124 feet.
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 proposal reduces the existing encroachment into the
bluff setback and eliminates the encroachment into the bluff impact zone, better
harmonizing with the intent of the ordinance; and
B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposed variance to rebuild and reorient deck space attached to an existing principal
residence in LR-18 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 redesign the existing 475 square feet of deck space to allow fora safe
ingress/egress to the house, and a separate deck for private use away from an
existing drainage course is reasonable; and
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner; both the bluff setback and the street setback create a
narrow buildable envelope limiting the Applicant's ability to improve the deck.
Further, the primary entrance to the house is accessed from the existing deck,
where decking or stairs is necessary to access the home in the future; and
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c. The variance, if granted, will not alter the essential character of the locality; decks
lakeward of the house are common in the area. As a deck was existing on the
Property and the size is not proposed to increase, a change in character is not
expected.
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; decks attached to single-family residences are permitted within LR-1 B 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 primary entrance to the house is located on
a nonconforming deck in the bluff setback. The house is within the bluff setback and other
portions of the house are within the rear setback. There is limited ability for the
improvement and modification of the house while meeting zoning requirements. The
proposed decks reduce the nonconforming encroachment of the existing deck, while
maintaining the access to the house and allowing for safer stormwater runoff in the place of
the existing deck, and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the Property, as well as many lakeshore properties in the area, contain
steep slopes or bluffs. The impacts of the bluff setback on the Property are significant, as
the existing, narrow house cannot meet both the rear and bluff setbacks. Relocating the
existing deck while reducing the encroachment into the bluff setback creates additional
space away from the top of the bluff making an improvement to the site. This Property has
a limited envelope remaining; 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 limited ability to improve the
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1 entrance to the house given the minimal building envelope, and have a
functional, private deck space in comparison to the existing conditions; 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 proposal reduces nonconformities within the bluff setback, and improves drainage to
the lake, better meeting the intent of the code; 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 will alleviate the
difficulties placed on the Applicant, and allow for the rebuilding of deck space on the
Property in a more sensible and safe location.
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(2) for 475 square feet of deck
space located 20.5 feet from the top of bluff where 30 feet is required, 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 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 a permit for the proposed
deck(s) 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 (June 22, 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.
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.v,O.Ar CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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ADOPTED he Orono City Council on this 22nd day of June, 2026.
ATTEST:' CITY OF ORONO:
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—C isti usian ,.;it Clerk Bob Tunheim, Mayor
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