HomeMy WebLinkAboutResolution 7694 Approving Variance deck setback 1080 Heritage Ln s0At0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�e No. 7694
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A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 6.12.1350
FILE NO. LA26-000018
WHEREAS, on May 19, 2026, Mom's Design Build (hereinafter the "Applicant"), on
behalf of Michael D Kelly&Anne Kelly(hereinafter the"Owner")applied for a variance from
the City Code for the property addressed 1080 Heritage Lane, Orono and legally
described as:
Lot 7, Block 1, Foxhill, 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 6.12.1350 for a proposed attached deck and stairs
located 39.8 feet from the rear property line when 50 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 5 to 2 in favor of a motion
to recommend approval of the variance against the recommendation made by staff; and
WHEREAS, on June 22, 2026 the City Council reviewed the recommendations of staff
and the Planning Commission, and voted 3 to 0 in favor of a motion to direct staff to draft a
resolution with findings of approval; and
WHEREAS, on July 13, 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:
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Al. This application was reviewed as Zoning File LA26-000018. 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-1A, 2 acre, 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 28.6% hardcover.
A4. The Applicant applied for a rear setback variance for a proposed deck and stairs
replacement attached existing single-family residence.
A5. The Property contains 1.01-acres in area and a defined lot width is 240 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 rear setback applied to the Property is appropriate for a
property that is 2 acre in size, the property is substandard for the zoning district and the
applied setback is cumbersome for the property. The existing topography and proposed
landscaping meet the intent of the applied setback; and
B2. Variances shall only be permitted when consistent with the comprehensive plan; the
proposed variance to improve and enlarge a deck attached 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 for a deck and stairs encroaching into the rear setback is reasonable, as
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adequate screening is proposed and the deck would be built near the bottom of a
steep slope down from the rear property line; and
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner; the Property does not conform with the lot area
requirements and the house was located firmly between the front and rear
setbacks. This ingress/egress exists in the rear of the house where setbacks can be
impacted; and
c. The variance, if granted, will not alter the essential character of the locality; the
proposed deck should not alter the character of the area. The deck would be
adequately screened by the Property's topography and the proposed landscaping.
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 and stairs 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 its two adjacent neighbors
have a significant increase in slope moving south or east from the existing houses. Any
improvements that are desired to be better screened from the street, or tucked into the
existing topography are impacted by the rear setback; and
B9. The conditions do not apply generally to other land or structures in the district in which the
land is located; the home was constructed by a previous owner to use most of the building
envelope, leaving limited opportunity for improvements. Most properties in the Foxhill
development are substandard in terms of lot size, but this Property is further constrained by
slope and the home layout favoring an exterior access to the rear yard. These conditions
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make it difficult for the Applicant to propose a functional deck that meets setback
requirements; 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 deck that
provides accessibility and functionality for the Owners, while providing ample screening
from other properties; 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 deck is
proposed in a reasonable location, and will not affect other properties due to a significant
increase in slope in the rear yard and with ample landscaping proposed by the Applicant;
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 deck and stairs will alleviate a difficulty placed on the Owners who wish to
utilize their yard space, but are constrained by setbacks more appropriate for a two-acre
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 proposed deck and stairs
located 39.8 feet from the rear property line when 50 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 site plan submitted by the Applicant, attached
to this Resolution as Exhibit A, 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 (July 13, 2027).
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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 13th day of July, 2026.
ATTEST: ., .;`; CITY OF ORONO:
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Christine L L.,.'"'-`t.)yrk Bob Tunheim, Mayor
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