HomeMy WebLinkAboutResolution 7645 CUP retaining walls 1450 Bracketts Point r '
LAND TYPE Abstract (A)
DOC NUM 11424315
Certified, filed and/or recorded on
Dec 8, 2025 12:11 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 193 Pkg ID 2855678E
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 is the original resolution adopted by the City Council on November 24th, 2025.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
,
14
�,, ` Stine Lusi if, City Clerk
4,3
�p� CITY 11 F ORONO
RESOLUTION OF THE CITY COUNCIL
�� A.
NO. 7645
`4kESHO
A RESOLUTION
APPROVING A CONDITIONAL USE PE-MIT
PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 6.12.6240
FILE NO. LA25-000049
WHEREAS, on October 22, 2025, on behalf of the property o ners Stephen P. Stenehjem
and Stacey M. Stenehjem, a married couple, 02 Design (hereinafter 'he "Applicant"), applied for a
conditional use permit("CUP") pursuant to City Code for the property addressed 1450 Bracketts
Point Road and legally described as:
Lot 1, Block 1, Bracketts Point 2nd Addition; together with the adjoining vacated Bracketts
Point Road as shown and dedicated in the plat of Bracketts Point 2nd Addition; and an
Undivided 1/3 interest in Outlots A and B, Bracketts Point 2nd Addition, Hennepin County,
Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a CUP pursuant to
Orono Municipal Zoning Code Section 6.12.6240 to allow construct on of a new retaining wall to
support a new lake access stairway within the shore setback; and
WHEREAS, on November 17, 2025, after published and mail-d notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission he d a public hearing, at which
time all persons desiring to be heard concerning this application wore allowed to speak thereon;
and
WHEREAS, on November 17, 2025, the Planning Commission recommended approval of
the CUP; and
WHEREAS, on November 24, 2025, the City Council revie ed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Coun iI of Orono, Minnesota hereby
approves the requested CUP as described above based on one or more of the following findings
of fact concerning the Property:
1
CITY F ORONO
O
RESOLUTION F THE CITY COUNCIL
4F �4 NO. 7645
l,�kESHOV-�,
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits ttached to the aforesaid
memos, all minutes from the above-mentioned meetings, a d all other materials
distributed at these meetings are hereby incorporated by re rence.
A2. The Property is located in the LR-1A One-Family Lakeshor Residential Zoning District.
A3. The Applicant has applied for a CUP to permit construction �f a new retaining wall within
the shore setback.
A4. In considering this application for variance, the Council has onsidered the advice and
recommendation of the Planning Commission and the effec of the proposed variance
upon the health, safety and welfare of the community, existi g and anticipated traffic
conditions, light and air, danger of fire, risk to the public saf ty, and the effect on values of
property in the surrounding area.
CUP ANALYSIS:
City Code Section 6.12.6240(5)(c) states that walls in the shore setback zone, new walls shall
require a conditional use permit. New walls and changed or relocated replacement walls,
greater than 4 feet in height, must meet the following conditions. Tre wall must be:
B1.Designed to correct an established erosion problem; the project includes in-kind
replacement of failing walls and installation of a new, reconfigured lake access stair,
which is allowed. The one new wall, requiring CUP approva is a supportive wall for the
new stair. Although it is new, the wall is necessary to support the permitted stairs, given
the topography. This criterion has been met, and
B2.Suitable given the demonstrated need; the walls provide stability to the slope and help
to reduce erosion. The construction of the wall is necessary to support the slope in
conjunction with the new stairway. This criterion has been met, and
B3.Designed by a registered engineer or landscape architect, depending on the project
scope; the applicant has provided structural plans for the walls designed by a registered
landscape architect and a structural engineer. This criterion has been met, and
B4.Designed to be the minimum size necessary to control the erosion problem. The new
wall is necessary to support the permitted lake access stair, considering the placement
of the stair within the full project scope to reconstruct the boathouse and walls in-kind.
This criterion has been met.
2
gOArO CITY it F ORONO
RESOLUTION IF THE CITY COUNCIL
y NO. 7645
kFsxoO'
Further, the Council may grant a CUP as the use permit was applie. for or in modified form.
Based on the application and the evidence submitted, the Council f nds that the proposed use
at the proposed location is, or will be:
B5.Consistent with the community management plan; the prot:ction and preservation of the
natural lake shoreline is an identified priority of the Compre ,ensive Plan. The property
owners have a right to reconstruct the existing legally nonc.nforming improvements in-
kind. The new stair will comply with building code and, as a esult, will be placed in a new
location and configuration, requiring the new wall in a new location within the existing
condition. The new wall will not be visible from the lake as i will be situated beneath the
new stairway. This criterion is met.
B6. Compliant with the zoning code, including any conditions i posed on specific uses as
required by Article V, Division 3 of the City Code; retaining ails within the lakeyard are
permitted where they are deemed necessary to protect the ntegrity of the slope. The
applicant provided a design from a professional engineer fo the walls, which provides
slope stability and erosion control. The applicant has provid-d an extensive landscape
plan for the Property; however, the new wall subject to the I UP will be completely
screened by the stair improvement. This criterion is met.
B7.Adequately served by police, fire, roads, and stormwater m nagement; the Property
meets this standard.
B8.Provided with an adequate water supply and sewage dispo al system; the Property meets
this standard.
B9.Not expected to generate excessive demand for public sery ces at public cost; the
Property meets this standard.
B10. Compatible with the surrounding area, as the area is used .oth presently and as it is
planned to be used in the future; the existing stone retaining ails, boathouse, and stairway
are failing. The applicant is proposing to replace the improve ents in kind except for the
stairway change, which is permitted. The proposed new wall upporting the stairway will not
change the existing character of the Property. This criterion i. met.
B11. Consistent with the character of the surrounding area, unle.s a change of character is
called for in the community management plan, the proposed project is consistent with the
character of the Property. This criterion is met.
3
sLOTO CITY JI F ORONO
RESOLUTION IF THE CITY COUNCIL
NO. 7645
IkESHol"
B12. Compatible with the character of buildings and site improve ents in the surrounding area,
unless a change of character is called for in the community management plan; the new
retaining wall will be screened from view from the lake by the .tairway it is constructed to
support. This criterion is met.
B13. Not expected to substantially impair the use and enjoyment .f the property in the area or
have a materially adverse impact on the property values in t e area when compared to the
impairment or impact of generally permitted uses; the lake.hore wall improvements on
the Property should not impact the neighboring property val, es or the enjoyment of the
neighboring property owners.
B14. Provided with screening and buffering adequate to mitigate ndesirable views and
activities likely to disturb surrounding uses; the applicant h.s provided a plan to provide
screening of the retaining wall(by the stair) when viewed from the lake. This criterion is
met.
B15. Not create a nuisance which generates smoke, noise, glare vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other mean.; the walls on the Property
are not anticipated to create a nuisance situation. This crite ion is met.
B16. Not cause excessive non-residential traffic on residential str-ets, parking needs that cause
a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe
access; the retaining walls should not have any impact on residential streets or traffic. This
criterion is met.
B17. Designed to take into account the natural, scenic, and histo is features of the area and to
minimize environmental impact; the applicant has propos:d adequate landscaping to
screen the walls to be compatible with the character of the i provements 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.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a
CUP shall remain in effect as long as the conditions imposed by the City Council are observed,
4
'cLOAtO CITY F ORONO
RESOLUTION F THE CITY COUNCIL
y t G4 NO. 7645
'�'Esxov-f`
but nothing in this section shall prevent the city from enacting or amending official controls to
change the status of conditional uses.
CONCLUSIONS ORDER AND CONDIT! NS:
Based upon one or more of the above findings, the Orono ity Council hereby grants a
CUP pursuant to Orono Municipal Zoning Code Section 6.12.6240 o allow construction of a new
retaining wall within 75-feet of the OHWL, subject to the following c nditions:
C1.Council approval is based on the entire record, above Findi gs.
C2.The approved project shall conform to the survey dated 10/ 0/2025 and building plans
submitted by the Applicant and annotated by City staff, atta hed to this Resolution as
Exhibits A & B.
C3.Any amendments to the plans that do not conform to City c des may require additional
review by the Planning Commission and City Council.
C4.Authorities granted by this resolution run with the Property of with the Applicants, but are
permissive only and must be exercised by obtaining a buildi g permit for the new
construction and commencing construction of said project. building permit must be
obtained within one year of the date of Council approval, or he variance will expire on that
date (November 24, 2026).
C5.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 24th day of November, 2025.
ATTEST/ CITY OF ORONO:
Chr n, City Clerk Bob Tunheim, ri/layor
5
g*e<lictsriol""
O� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti NO. 7645
4,7 -- ..._______ 1 -
Stephen P Ste jem tac M St ehj
STATE OF MINNESOTA
COUNTY OF HENNEPIN
till'
This instrument was acknowledged before me this / day of bc,:_,4bc.r , 2025,
by Stephen P Stenehjem, spouse of Stacey M Stenehjem.
°`1aza.� JASON TANO MEJIA �- `
" ' NOTARY PUBLIC MINNESOTA 4,-42--- �
;Nt.�;` MY COMMISSION EXPIRES 01/31/2030ary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
fti 1
This instrument was acknowledged before me this ` day offlctr,.,.h,,r- , 2025,
by Stacey M Stenehjem, spouse of Stephen P Stenehjem.
C.Ttlt lT'T , ,
JASON TANO MEJIA -•-� s�
" A/ i NOTARY PUBLIC•MINNESOTA - - U X /
;- i,
°�t,Yl� , MY COMMISSION EXPIRES01/31I2030 otary Public
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0/&3-.5(+.$03/$5621$5&+,7(&76,1&:HVWUG6WUHHW0SOV017HO'5$:1%< ,668('$7( 352-(&73+$6( 352-(&7180%(5 6WHQHKMHP%RDWKRXVH%UDFNHWW
V3RLQW5RDG2URQR01 6HSW3(50,76(7,+(5(%<&(57,)<7+$77+,63/$163(&,),&$7,21255(3257:$635(3$5('%<0(2581'(50<',5(&7683(59,6,21$1'7+$7,$0$'8/</,&(16('$5&+,7(&781'(57+(/$:62)7+(67$7(2)0,11(627$35,171$0( 0$5./$5621$,$6,*1$785( /,&(16( '$7( 6(376758&785$/'(7$,/6I hereby certify that this plan, specification or reportwere prepared by me or under my direct supervisionand that I am a duly Licensed Professional Engineerunder the laws of the state of Minnesota.Eric M. BunkersDate: Reg. No. 264909-8-25