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Home My WebLink AboutResolution 7561 Conditional Use Permit retaining wall 980 Heritage Ln icOAO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiG~ NO. 7561 ' SHO4 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000065 WHEREAS, on December 3, 2024, on behalf of the owner, Carlos J Correa Oppenheimer (hereinafter the "Owner"), a representative from the Hartman Companies (hereinafter the "Applicant"), applied for a conditional use permit in accordance with the City Code for the property addressed 980 Heritage Lane and legally described as: Lot 2, Tanager Estates, County of Hennepin, State of Minnesota; and WHEREAS, the Applicant made an application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1279 to construct a new retaining wall within the lakeshore setback; and WHEREAS, on February 18, 2025, 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 February 18, 2025, the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the conditional use permit as recommended by staff; and WHEREAS, on March 10, 2025, 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 a conditional use permit to construct a new retaining wall within the lakeshore setback and 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. 1 �Ot�rO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7561 KESHOS A2. The Property is located in the LR-1A (One-Family Lakeshore Residential) Zoning District. A3. The lakeside slope on the Property is not defined as a Bluff. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The Applicant proposes 18.8% total site hardcover. A5. The Applicant requests a conditional use permit to construct a new retaining wall within the lakeshore setback to support a permitted lake access stair. A6. In considering this application for a conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit 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. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a conditional use permit for the construction of retaining walls as long as the walls are: B1. Designed to correct an established erosion problem; the proposed retaining wall will provide slope stability in the area around the stair landing. Repeated access to the lake stair over time may cause erosion in the future if left in its present condition. This criterion is met; and B2. Suitable given the demonstrated need; the proposed retaining wall is suitable as the walls are minimal to provide safe access within the excessive slope leading to the stair landing. This criterion is met; and B3. Designed by a registered engineer or landscape architect, depending on the project scope; the proposed retaining walls were designed by a professional landscaping company but certifications were not provided with the submittal. Staff finds the proposal to have a minimal scope given the size of the proposed wall. This criterion is met; and B4. Designed to be the minimum size necessary to control the erosion problem; the proposed retaining wall is designed to be minimal and will provide safe, level access to the existing lake stair from the lakeyard. This criterion is met. 2 WC> CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7561 1QsHO¢ Based on the application and the evidence submitted, the Council finds that the proposed use at the proposed location is or will be: B5. Consistent with the community management plan; the newretaining,wall will provide slope stability and safe lake access for the Owner of the Property, an aspect that is consistent with the Comprehensive Plan; and B6. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; retaining walls within the lakeyard are permitted where they are deemed necessary to protect the integrity of the slope. The existing lake stair is sited poorly into the slope and the proposed wall would allow for a level connection between the slope and stairs; and B7. Adequately served by police, fire, roads, and stormwater management; the Property meets this standard; and B8. Provided with an adequate water supply and sewage disposal system; the Property meets this standard; and B9. Not expected to generate excessive demand for public services at public cost; this proposal is not anticipated to impact public services; and B10.Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the proposal to add a retaining wall is compatible with the surrounding area both presently and in the future, as the need for lake access for private property owners is not specific to the Property; and B11. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the installation of a new retaining wall to support an existing lake stair is consistent with the character of the surrounding area; and B12.Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; the retaining walls are proposed to be minimal in nature to provide a level entry to the lake stair with a less than two (2) foot tall protrusion above the slope; and B13.Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the improvements to the deck 3 g0�0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tq �G� NO. 7561 kESHOR and retaining walls should not create an adverse impact on properties in the neighborhood; and B14.Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the Applicant has provided a landscape plan that shows the walls will be adequately screened; and B15.Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposal is not anticipated to create a nuisance; and B16. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the proposal is not anticipated to create excessive traffic burdens on the nearby road network; and B17. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the proposed retaining wall appears to be the minimum size necessary to ensure a safe and level access to the lake stair and provide a natural stone color in the exposed area; and B18.All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the proposal does not include the installation of any exterior lighting; and B19. Not detrimental to the public health, public safety, or general welfare; the proposal does not come at a detriment to the public health, safety, or welfare of residents and landowners of the City of Orono. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new retaining wall within the lakeshore setback. C1. Council approval is based on the entire record and, the above Findings. C2. The approved project shall conform to the site plan and wall design dated February 17, 2025, submitted by the Applicant, attached to this Resolution as Exhibit A. 4 sLO - CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7*t� tiG~4" NO. 7561 kESHOR C3. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C4. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the proposed retaining wall and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the conditional use permit will expire on that date (March 10, 2026). C5. The Applicant agrees to comply with all permitting requirements of all applicable jurisdictions including but not limited to Hennepin County, MCWD, and LMCD. Copies of all required permits must be provided to the City with the submittal materials for the administrative building permit for the retaining wall. C6. The conditional use permit shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. C7. The undersigned Owner agrees to the conditions herein. C8. 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 10th day of March, 2025. ATTEST: CITY OF ORONO: Christi wan, if Clerk Bob Tunheim, Mayor 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL q- �� NO. 7561 kksx o�- Carlos J Correa Oppenheimer, Property Owner Daniella Rodriguez, Property Owner orwC & K PROPERTIES STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2025 by Carlos J Correa Oppenheimer, husband of Daniella Rodriguez. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2025 by Daniella Rodriguez, wife of Carlos J Correa Oppenheimer. 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