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Res 2001 - 51 Approving Variances to the Critical Area Ordinance at 711 Woodridge DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 01-51 A RESOLUTION APPROVING VARIANCES TO THE CRITICAL AREA ORDINANCE AT 711 WOODRIDGE DRIVE WHEREAS, David and Janie Berg, owners of the home located at 711 Woodridge Drive, have applied for various variances as proposed in Planning Case No. 01-25; and WHEREAS, the homeowner's home and land are being threatened by severe erosion; and WHEREAS, the homeowner's have hired licensed professional engineers to analyze the problem and who have prepared recommendations concerning slope remediation and foundation repair; and WHEREAS, the City Council informed the Bergs at their regular meeting on September 4, 2001, that it has the jurisdiction to grant the permit but does not have the professional judgment to determine the merits of the proposed solution, and that the City of Mendota Heights disclaims any liability for its success; and WHEREAS, the applicant indicated to the Council on September 4, 2001, that immediate approval of the application is necessary to prevent further erosion; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the Planning Commission review of this application be waived and that variances to the City's Critical Area Ordinance be approved subject to the conditions found on pages 3 and 4 of the attached DNR letter drafted by Sandy Fecht dated August 31, 2001 be granted and subject to the receipt of a MnDOT permit allowing the Bergs' to complete the work as described in the Itasca Engineering Plan and Specifications dated August 28, 2001. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a Critical Area Permit at 711 Woodridge Drive as proposed in Planning Case #01-25 would not have adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Critical Area Ordinance. Adopted by the City Council of the City of Mendota Heights this 4'h day of September, 2001. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS By:. ,,,� A By: " �� /Lfi,. ..t Katlfeen M. Swanson, City Clerk Charles E. Mertensotto, Mayor