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Res 2015- 23 CAP, CUP, Variance 731 Woodridge DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-23 RESOLUTION APPROVING CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, AND VARIANCE APPLICATIONS AT 731 WOODRIDGE DRIVE WHEREAS, Eileen O'Shaughnessy and Art Perlman have applied for a critical area permit, conditional use permit, and variances to construct a retaining wall and repair the slope of their rear yard at 731 Woodridge Drive as proposed in Planning Case 2015-06 and described in Exhibit A; and WHEREAS, the Mendota Heights City Council granted the property owners' request to conduct the public hearing before the City Council in order to expedite the review process; and WHEREAS, the Mendota Heights City Council held a public hearing on this matter at their regular meeting on March 17, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the critical area permit, conditional use permit, and variance application requests as proposed in Planning Case 2015-06 are hereby approved with the following findings of fact: 1. The proposed project meets the purpose and intent of the Critical Area Overlay District Chapter of the City Code. 2. The proposed project is necessary to restore and stabilize the slope to prevent future failure in order to protect the public health, safety, and general welfare of the community and surrounding land. 3. The height and construction materials of the proposed retaining wall, and soil disturbance required for its construction, are necessary in order to ensure stability of the slope. 4. Visual impacts of the proposed retaining wall will be mitigated by landscaping. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the critical area permit, conditional use permit, and variance application requests as proposed in Planning Case 2015-06 are hereby approved with the following conditions: 1. Building and grading permits are approved by the City prior to construction of the proposed project. 2. Necessary permits are obtained from the Minnesota Department of Transportation prior to construction of the proposed project. 3. A Traffic Control Plan for Highway 13 is submitted along with the Building Permit application and approved by MNDOT prior to construction. 4. Construction of the proposed project shall be in compliance with the City's Land Disturbance Guidance Document. 5. Vine plugs are planted at the base of the proposed retaining wall. Adopted by the City Council of the City of Mendota Heights this seventeenth day of March, 2015. CITY COUNCIL TY i MENDOTA HEIGHTS andra i sbach, Mayor Lorri Smith, City Clerk Res 2015-23 page 2 EXHIBIT A Legal Description — 731 Woodridge Drive PID: 27-90070-00-010 Tract A, Registered Land Survey #7 Res 2015-23 page 3 T743194 Receipt# 368214 TORRENS FEE $46.00 Recorded on: 3/26/2015 12:35:49PM By: SJS, Deputy Certificate #: 141150 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 Joel T. Beckman Registrar of Title Dakota County, MN CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-23 RESOLUTION APPROVING CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, AND VARIANCE APPLICATIONS AT 731 WOODRIDGE' DRIVE WHEREAS, Eileen O'Shaughnessy and Art Perlman have applied for a critical area pen -nit, conditional use permit, and variances to construct a retaining wall and repair the slope of their rear yard at 731 Woodridge Drive as proposed in Planning Case 2015-06 and described in Exhibit A; and WHEREAS, the Mendota Heights City Council granted the property owners' request to conduct the public hearing before the City Council in order to expedite the review process; and WHEREAS, the Mendota Heights City Council held a public hearing on this matter at their regular meeting on March 17, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the critical area permit, conditional use permit, and variance application requests as proposed in Planning Case 2015-06 are hereby approved with the following findings of fact: 1. The proposed project meets the purpose and intent of the Critical Area Overlay District Chapter of the City Code. 2. The proposed project is necessary to restore and stabilize the slope to prevent future failure in order to protect. the public health, safety, and general welfare of the community and surrounding land. 3. The height and construction materials of the proposed retaining wall, and soil disturbance required for its construction, are necessary in order to ensure stability of the slope. 4. Visual impacts of the proposed retaining wall will be mitigated by landscaping. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the critical area permit, conditional use permit, and variance application requests as proposed in Planning Case 2015-06 are hereby approved with the following conditions: 1. Building and grading permits are approved by the City prior to construction of the proposed project. 2. Necessary permits are obtained from the Minnesota Department of Transportation prior to construction of the proposed project. RECEIVED MAR / 4 2015 DAWTA UUL4qTy TAy,ATION & RECORDS 3. A Traffic Control Plan for Highway 13 is submitted along with the Building Permit application and approved by NINDOT prior to construction. 4. Construction of the proposed project shall be in compliance with the City's Land. Disturbance Guidance Document. 5. Vine plugs are planted at the base of the proposed retaining wall. Adopted by the City Council of the City of Mendota Heights this seventeenth day of March, 2015. CITY COUNCIL TY MENIDOTA HEIGHTS andra-Kkr sbach, Mayor ATTEST: 67 n* Lorri Smith, City Clerk Res 2015-23 page 2 Legal Description — 731 Woodridge Drive PID: 27-90070-00-010 Tract A, Registered Land Sw.•vey #7 Res 2015-23 page 3 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2015-23 Approving a Critical Area Permit, Conditional Use Permit, and a Variance for 731 Woodridge Drive is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on March 17, 2015. Signed and sealed by my hand on this 20`x' day of March, 2015. Lorri Smith City Clerk (SEAL)