HomeMy WebLinkAboutResolution 7605 CUP Retaining Walls 2545 Dunwoody Ave LAND TYPE Abstract (A)
DOC NUM 11396093
Certified, filed and/or recorded on
Aug 21, 2025 11:06 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 195 Pkg ID 2818559E
Document Rec rding 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 is the original resolution adopted by the City Council on August 11th, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stine Lusi , City Clerk
-SZ ,0 At CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ye �\� NO. 7605
r�'ESHO��
A RESOLUTION APPROVING
A CONDITIONAL USE PERMIT PURSUANT WITH
MUNICIPAL ZONING CODE
SECTION 6.12.6240
FILE NO. LA25-000016
WHEREAS, on April 2, 2025, on behalf of the property owners Steven M. Hentges and
Jeanette M. Hentges, husband and wife (hereinafter the "Owners"), Charles Cudd Co. (hereinafter
the"Applicant"), applied for a conditional use permit from the City Code for the property addressed
2545 Dunwoody Avenue and legally described as:
Lot 10, Block 8, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the
"Property")
WHEREAS, the Applicant made an application to the City of Orono for a conditional use
permit pursuant to Orono Municipal Zoning Code Section 6.12.6240 to construct replacement
retaining walls within the lakeshore setback; and
WHEREAS, on May 19, 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 May 19, 2025, the Planning Commission voted 6 to 1 in favor of a motion
to table the application for redesign of the walls, vegetative screening and engineering report;
and
WHEREAS, on July 16, 2025, the Applicant provided a revised site plan and landscape
plan addressing the Planning Commission's concerns; and
WHEREAS, on July 21, 2025, the Planning Commission voted 4 to 0 in favor of a motion
to recommend approval of the revised application, conditioned on the submittal of the
engineering report; and
WHEREAS, on July 30, 2025, the Applicant provided an engineering report to meet the
condition of the Planning Commission's recommendation of approval; and
WHEREAS, on August 11, 2025, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
I
gOATO ICITY OF ORONO
R+OLUTION OF THE CITY COUNCIL
yF � No. 7605
gKESHOV-�
NOW, THEREFORE, BE IT RESOLVED that t e City Council of Orono, Minnesota
hereby approves the application for a conditional use p rmit to construct replacement retaining
walls within the lakeshore setback described above ba ed 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 located in the LR-1C (One-Fam ly Lakeshore Residential)Zoning
District.
A3. The lakeside slope on the Property is not define 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 24.93% total site
hardcover.
A5. The Applicant requests a conditional use permit to construct replacement retaining walls
within the lakeshore setback.
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 aid 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 applicant submitted an
engineer's letter indicating the walls provide er sion control to the slope and are in a
state of disrepair. This criterion is met; and
B2. Suitable given the demonstrated need; the proposed retaining walls around the lake
stairs are suitable, as they have been redesigned in the location of the existing walls.
This criterion is met; and
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gOATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yest NO. 7605
4kESHO��
B3. Designed by a registered engineer or landsc4e architect, depending on the project
scope; the proposed retaining walls were designed by a licensed professional. This
criterion is met; and
B4. Designed to be the minimum size necessary t control the erosion problem; the
proposed walls have been designed to addres the existing conditions at a similar size
and scale. This criterion is 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 proposed walls support a lake
access stair and provides stabilization for steep slopes 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 Cod ; retaining walls within the lake yard are
permitted where they are deemed necessary t protect the integrity of the slope. The
proposed walls meet the conditions imposed b the City Code; and
B7. Adequately served by police, fire, roads, and s ormwater 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 proposed walls substantially reflect the location
and height of the existing walls, and are consistent with the use of the surrounding
area; and
B11.Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; the replacement of walls that are in a
declining condition 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;
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-vt0k CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y*i\jiii,)
NO. 7605
"Es
the walls are consistent with the character of o her buildings and improvements in the
area; and
B13.Not expected to substantially impair the use a d enjoyment of the property in the area
or have a materially adverse impact on the pr perty values in the area when compared
to the impairment or impact of generally permi ted uses; the walls are proposed in the
location of the existing walls with landscaping nd a change of material, and should not
create an adverse impact on properties in the eighborhood; and
B14.Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; a I ndscape plan has been submitted that
has been deemed by Staff and the Planning C mmission to adequately screen the
proposed walls from the lake; 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, sce ic, and historic features of the area and
to minimize environmental impact; although no an in-kind replacement, the walls were
designed to utilize the location of the existing alls with a change in material, and will
be screened adequately to minimize potential impacts; 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 saf ty, or general welfare; the proposal does
not come at a detriment to the public health, s fety, or welfare of residents and
landowners of the City of Orono.
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.,cLOATO ITY OF ORONO
RE OLUTION OF THE CITY COUNCIL
�� �•. I NO. 7605
`-1kESHO��
CONCLUSIONS, ORDER AN 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 6.12.6240 to allow for
replacement retaining walls 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 landscape plan submitted by
the Applicant and annotated by City staff, attac ied 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, but
are permissive only and must be exercised by obtaining a permit for the proposed
retaining walls, commencing construction of said project. A permit must be obtained
within one year of the date of Council approval, or the conditional use permit will expire
on that date (August 11, 2026).
C5. The Applicant agrees to comply with all permitt ng requirements of all applicable
jurisdictions including but not limited to MCWD. Copies of all required permits must be
provided to the City with the submittal material for the permit for the proposed walls.
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 are the owners of the Property and agree 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.
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if5/-1O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y �•� NO. 7605
kESHO
ADOPTED by the Orono City Council on this 11-h day of August, 2025.
ATTEST: CITY OF ORONO:
Christin Ian, y erk Bo Tunheim, Mayor
6
�OAO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
sF �: NO. 7605
I4kESH00'
teven M. Hentg , roperty Owner nette M. Hentge , Pro rty Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before mp this /Y day of 14,01f— ,
20?(, by Steven M. Hentges, husband of Jeanette M. Hentges
a � ',� NATHAN Al..LE N HENTGES
�� ` Notary Puoiic eC .-- j/L'" ----
i /
Ja
Minnesota Notary Public
_;,.- My Conxnlssicn E) es Jan 31,2026
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before m this /`/f% day of Avq vst-- ,
20z5, by Jeanette M. Hentges, wife of Steven M. Hen ges.
< ' ASy NATFL N ALLR: HEMGES --
;k Nosary PuoNc Notary Public MrnnEaota
`Q-..-2 ,' My ComrrusSN rT a-Ps Jal 31,2026
7
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