Res 2014- 69 CUP 645 Sibley Mem HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-69
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT
645 SIBLEY MEMORIAL HIGHWAY
WHEREAS, Paul and Shannon Burke have applied for an after -the -fact conditional use
permit to clear cut vegetation at 645 Sibley Memorial Highway within the Mississippi River
Corridor Critical Area (PID# 27-03900-15-030) as proposed in Planning Case 2014-20; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting on August 26, 2014.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
after -the -fact conditional use permit request as proposed in Planning Case 2014-20 is hereby
approved with the following conditions:
1. The applicant supplies a report from a licensed landscape architect on the status of the
vegetation re -growth in the impacted area as soon as possible after September 1,
2014. If determined to be inadequate, the Hillside Vegetation Restoration Plan will
be implemented immediately.
2. No trimming, cutting, or any alteration of the slope may occur except in complete
conformity with the provisions of the City Code relating to the Mississippi River
Corridor Critical Area, and all other City Codes.
3. At the expense of the applicant and at the request of the city, a geotechnical engineer
may be required to be retained within 36 months of this approval to conduct an
investigation to assess whether clearcutting activity has undermined or impacted the
slope and, if so, to advance corrective and mitigation measures to be implemented
immediately.
4. A performance security in compliance with City Code requirements is posted
guaranteeing the value of the potential landscaping work for a 36 -month period
following approval of the permit.
5. The City can inspect the property to monitor the vegetation re -growth and reserves
the right to require the implementation of the Hillside Vegetation Restoration Plan, or
any other approved vegetation plan, and erosion control measures, as necessary to
protect the bluff.
Adopted by the City Council of the City of Mendota Heights this twenty-first day of October, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Lorri Smith, City Clerk
EXHIBIT A
Legal Description
AUDITORS SUBDIVISION NO 4, PT OF LOTS 14 & 15 COM 268 FT N OF SW COR LOT 15
SE AT RT ANGLE TO HGWY NE ON HWY 140 FT NW TO W LINE LOT 15 SW ON W LINE
LOT 15 TO BEG
Res 2014-69 page 2
Receipt# 356884
ABSTRACT FEE
111111111111 11111 11111 11111 11111 11111 11111111
$46 3046085
Return to:
CITY OF MENDOTA HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS, MN 55118
Recorded on: 1/6/2015 03:18:20PM
By: STG, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-69
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT
645 SIBLEY MEMORIAL HIGHWAY
WHEREAS, Paul and Shannon Burke have applied for an after -the -fact conditional use
permit to clear cut vegetation at 645 Sibley Memorial Highway within the Mississippi River
Corridor Critical Area (PID# 27-03900-15-030) as proposed in Planning Case 2014-20; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting on August 26, 2014.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
after -the -fact conditional use permit request as proposed in Planning Case 2014-20 is hereby
approved with the following conditions:
1. The applicant supplies a report from a licensed landscape architect on the status of the
vegetation re -growth in the impacted area as soon as possible after September 1,
2014. If determined to be inadequate, the Hillside Vegetation Restoration Plan will
be implemented immediately.
2. No trimming, cutting, or any alteration of the slope may occur except in complete
conformity with the provisions of the City Code relating to the Mississippi River
Corridor Critical Area, and all other City Codes.
3. At the expense of the applicant and at the request of the city, a geotechnical engineer
may be required to be retained within 36 months of this approval to conduct an
investigation to assess whether clearcutting activity has undermined or impacted the
slope and, if so, to advance corrective and mitigation measures to be implemented
immediately.
4. A performance security in compliance with City Code requirements is posted
guaranteeing the value of the potential landscaping work for a 36 -month period
following approval of the permit.
5. The City can inspect the property to monitor the vegetation re -growth and reserves
the right to require the implementation of the Hillside Vegetation Restoration Plan, or
any other approved vegetation plan, and erosion control measures, as necessary to
protect the bluff.
Adopted by the City Council of the City of Mendota Heights this twenty-first day of October, 2014.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTES
Lorri Smith, City Clerk
EXHIBIT A
Legal Description
AUDITORS SUBDIVISION NO 4, PT OF LOTS 14 & 15 COM 268 FT N OF SW COR LOT 15
SE AT RT ANGLE TO HGWY NE ON HWY 140 FT NW TO W LINE LOT 15 SW ON W LINE
LOT 15 TO BEG
Res 2014-69 page 2
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF MENDOTA HEIGHTS
) s.s.
I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2014-69, CUP at 645 Sibley Memorial
Highway is an exact copy of said Resolution on file in my office adopted by the Mendota
Heights City Council on October 21, 2014.
Signed and sealed by my hand on this 30`x' day of December, 2014.
Lorri Smith
City Clerk