HomeMy WebLinkAboutResolution 7589 After the Fact Conditional Use Permit 4745 North Shore LAND TYPE Abstract (A)
DOC NUM 11402706
Certified, filed and/or recorded on
Sep 16, 2025 8:05 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 122 Pkg ID 2827070E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing are the original resolutions adopted by the City Council on September 8, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
C.
stine Lusi , City Clerk
g0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tint ����' NO. 7589
4kESH0l-
A RESOLUTION APPROVING AN
AFTER-THE-FACT CONDITIONAL USE PERMIT AMENDMENT
ACCORDING TO MUNICIPAL ZONING CODE
SECTIONS 78-916 &78-1279
FILE NO. LA25-000007
(PREVIOUS FILE LA24-000018 & RESOL. NO. 7486)
WHEREAS, in July 2024, the City Council adopted Resolution No. 7486 approving a
conditional use permit("CUP") to install retaining walls within the bluff and lake yard of the
property addressed 4745 North Shore Drive and legally described as:
That part of Lots 1, 2, and 3, Block 6, Bergquist& Wicklund's Park, Hennepin
County, Minnesota, lying southerly of the southerly right-of-way line of County
Road No. 19.
Also
That part of Lake Street as dedicated in the plat of Bergquist& Wicklund's Park,
Hennepin County, Minnesota, which lies between the southwesterly extensions
of the northwesterly line of Lot 3, and the southeasterly line of Lot 1, Block 6,
said plat(vacated per document number A10004418) (hereinafter the
"Property");
WHEREAS, during an inspection of the nearly completed project, the City's building inspector
observed additional constructed walls that were not included in the scope of the approved plan;
and
WHEREAS, on January 30, 2025, the property owner, Matthew Michael Jasper(hereinafter
the"Applicant"), applied for an after-the-fact amendment to the CUP granted via Resolution No.
7486 to the Property under Orono Municipal Zoning Code Sections 78-916 and 78-1279 to
permit the additional retaining walls constructed along the shoreline and supporting new lake
access stairs; and
WHEREAS, on March 17, 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 allowed to speak thereon;
and
WHEREAS, on March 17, 2025, the Planning Commission voted 5 to 0 in favor of a
motion to recommend approval of the application as applied directing the applicant to provide
AO.tO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7589
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documentation from a licensed professional engineer regarding the necessity of all of the
constructed walls; and to provide an updated landscape plan to screen all of the walls from the
lake; and
WHEREAS, on April 28, 2025, the City Council reviewed the Applicant's request and the
recommendations of the Planning Commission and City staff. Council voted 3 in favor and 1
opposed on a motion to table the application until the identified information was submitted; and
WHEREAS, on May 2, 2025, after receiving direction from the Planning Commission and
the City Council, the Applicant provided updated information from the professional engineer
regarding the justification for the additional walls; and
WHEREAS, on May 12, 2025, after reviewing the submitted information, the City Council
directed the Applicant to provide an updated landscape plan utilizing native plants to stabilize
the slope and screen the walls from the lake; and
WHEREAS, on June 4, 2025, the Applicant provided an updated landscape plan; and
WHEREAS, on June 9, 2025, the City Council reviewed the engineered plans and
revised landscape plan; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the request for a CUP amendment supporting retaining walls within the
lakeyard bluff, upslope from the rip rap and the walls supporting the proposed stone lake access
stairs within the bluff and 75-foot setback from the lake as amended 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.
A2. The Property is in the LR-1 B, One Family Lakeshore Residential Zoning District.
A3. The lakeside slope on the Property is 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 14.1% total site hardcover.
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RESOLUTION OF THE CITY COUNCIL
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A5. The Applicant applied an amendment to the Conditional Use Permit (Resolution No.
7486) to allow construction of additional stone retaining walls to support the lake access
stair and the lower slope within the bluff and the 75-foot lake setback.
A6. Orono's 2020-2040 Comprehensive Plan provides guidance for development near the
lakeshore. It states that lake shorelines will be protected from alteration. Shoreland
areas, including bluffs, have a significant impact on lake water quality, and natural
vegetation in shoreland areas will be preserved to limit surface runoff and soil erosion.
Clearcutting will be prohibited. Excavation, filling, and other grade changes at or near the
shoreline for the sole purpose of accommodating development will be discouraged.
The Comp Plan further states that the retention of natural vegetation will limit the impact
of urbanization as visible from the lake. Minimum green belts will be provided with
prohibitions against clear-cutting or excessive thinning of vegetation. Natural vegetation
will be preserved on slopes, and retaining walls will be discouraged except when
absolutely necessary to prevent erosion; in such cases, they will be screened with
natural vegetation.
A7. In considering this application for CUP amendment, the Council has considered the
advice and recommendation of the Planning Commission and the effect of the proposed
project 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 CUP for the construction of retaining walls as long as the
walls are:
B1. Designed to correct an established erosion problem; the applicant's landscape
design was developed to directly address an ongoing erosion problem that had been
affecting the stability of the shoreline and bluff line. The erosion was caused by
surface water runoff, natural wave action, incorrectly installed riprap, and ice heaves,
which had begun to undermine the soil and vegetation near the water's edge and
bluff line. To correct this, the design included erosion control measures such as
deep-rooted native plants, erosion control fabric, and slope stabilization techniques
with the staircase and boulder retaining walls. These improvements were intended to
stop further erosion, help restore the health of the shoreline and preserve the roots
of trees that are exposed. This criterion has been met; and
82. Suitable given the demonstrated need; A global stability analysis by Ronald W. Vickery,
PE was provided. He further notes that it was necessary to correct the shoreline with a
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RESOLUTION OF THE CITY COUNCIL
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3:1 slope with large rip rap toe boulders. Boulders were also necessary to support the
stairway to the lake shore to help in stabilizing the bluff and protect as many trees as
possible. The results of the global stability analysis indicated an overall global stability
factor of safety of 1.378, which is over the industry standard factor of safety of 1.3.
Without the retaining walls, this factor of safety would be less than 1.3. Therefore, the
engineer indicates that the retaining walls and the stair system will greatly aid in the
stabilization of the slope. This criterion has been met; and
B3. Designed by a registered engineer or landscape architect, depending on the project
scope; the Applicant has provided a revised retaining wall design from a registered
engineer which matches the submitted plans. This criterion has been met; and
B4. Designed to be the minimum size necessary to control the erosion problem. The
engineer's revised plan was to be as minimal and natural-looking as possible. It
includes only what is necessary to stabilize the shoreline and bluff line to prevent
further erosion. Plants were chosen to hold soil in place and for their ability to blend
into the natural surroundings. Less than 4'tall boulder walls were used in areas
where plants would not have been enough to prevent further erosion and preserve
the natural view and character of the Lakeshore. This criterion has been met.
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 applicant has provided a
landscape plan which, when matured, should offer sufficient screening of the lake
access stairs and walls. This criterion is met.
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
Applicant and the Applicant's engineer have provided information showing that the
installation of all of the walls is the most effective and minimal necessary to achieve the
desired stability. The landscape plan should be designed to maximize the screening of
the improvements and should prioritize native species.
B7. Adequately served by police, fire, roads, and stormwater management; the Property
meets this standard.
B8. Provided with an adequate water supply and sewage disposal system; the Property
meets this standard.
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O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
5 4 NO. 7589
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B9. Not expected to generate excessive demand for public services at public cost; the
retaining wall project should not generate an excessive demand for public services at a
public cost.
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 stone staircase and stone retaining walls will be
screened from the lake by the nature of their layout and the proposed vegetation,
preserving the existing character of the Property. This criterion is met.
B11. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; the set-in-grade stone staircase and
supporting stone retaining walls will be screened from the lake by the nature of their
layout, and the proposed vegetation will preserve the character of the surrounding
area. This criterion is met.
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 proposed landscape plan should screen the stair system and associated retaining
walls from view from the lake. Due to deferred maintenance, the current natural
appearance of the Property could be minimally altered by the proposed stone stair and
retaining wall improvements. This criterion is met.
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 lakeshore bluff
improvements should not impact the neighboring property values or the enjoyment of
the neighboring property owners.
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 for the slope. The plan should utilize native plantings and provide natural
screening and buffering of the stone stairs and retaining wall improvements when
viewed from the lake. This criterion is met.
B15. Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; the proposed walls
should not create a nuisance situation.
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gOt�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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; this application contemplates after-the-fact approvals. The
improvements have been previously installed, and there should be no further
construction activity or traffic.
B17.Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; the proposed native landscaping to screen the
stairway and supporting walls should be compatible with the character of the
improvements within the surrounding area. This criterion is met.
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 lake yard improvements
should not result in any lighting or glare being cast off the Property toward the public
street, the neighbors, or the lake; and
B19. Not detrimental to the public health, public safety, or general welfare. This is true of the
project.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
after-the-fact approval for a CUP amendment according to Orono Municipal Zoning Code
Sections 78-916 and 78-1279 to allow retaining walls upslope from the rip rap and walls
supporting a stone lake access stair within the bluff and 75-foot setback from the lake as
constructed; subject to the following conditions:
C1.Council approval is based on the entire record and the above Findings.
C2.The approved project shall conform to the Vickery engineered design dated 06/17/2024
and revised 04/16/2025, and revised landscape plans (herein collectively the "Plans")
submitted by the Applicant and annotated by City staff to include screening of all walls
as much as feasible, attached to this Resolution as Exhibits A & B.
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 Applicant, and
are conditioned on the Applicant establishing vegetative screening improvements and
stabilization within the project area according to the annotated landscape plan (Exhibit
6
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO. 7589
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B). Due to the after-the-fact nature of this CUP amendment, the site must be fully
vegetated and a final inspection must be scheduled and passed before August 1, 2025,
or the CUP will expire on that date.
a. If there are unforeseen circumstances preventing completion by the August 1st
deadline, the Applicant must submit an extension request in writing with an
explanation to the Community Development Director for consideration at least
two (2) weeks before the August 1st deadline (by July 18, 2025).
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 stairs and walls.
C6.The CUP 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 Applicant is the owner of the Property and 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 9th day of June, 2025.
ATTEST: CITY OF ORONO:
Chris usian, Ci lerk Bob Tunheim, Mayor
7
-8.‘LO.A1 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� �� NO. 7589
t�kESHO�O
PROPERTY OWNER:
Matthew Mic Jasper, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this i O day of So f 14' b,c.r , 2025
by Matthew Michael Jasper, a single person.
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