Res 2017- 58 CAP CUP 796 Sibley Mem HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-58
RESOLUTION APPROVING A CRITICAL AREA PERMIT AND
CONDITIONAL USE PERMIT TO ALLOW CERTAIN CONSTRUCTION ACTIVITIES
IN THE CRITICAL AREA OVERLAY DISTRICT FOR THE PROPERTY
LOCATED AT 796 SIBLEY MEMORIAL HIGHWAY
WHEREAS, Precision Homes, LLC, acting on behalf of the property owner James R.
Hanson, has applied for a critical area permit and conditional use permit to allow certain
construction activities in the Critical Area Overlay District as proposed under Planning Case
2017-16, located at 796 Sibley Memorial Highway, and legally described in Exhibit A; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of July 25, 2017; whereby comments from the Applicant and
general public were received and noted for the record, and whereupon closing the hearing, the
Planning Commission recommended approval (by 5-0 vote) of the critical area permit and
conditional use permit, with certain findings of fact and amended conditions of approval as noted
herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the critical area permit and conditional use permit as proposed under Planning Case 2017-16 are
hereby approved with the following findings of fact:
1. The proposed development of the properties with two separate dwelling structures
meets the general purpose and intent of the City Code and is consistent with the
Comprehensive Plan.
2. The proposed project meets the purpose and intent of the Critical Area Overlay
District, including the additional conditional use permit standards.
3. The proposed development will make a concerted effort to reduce the removal of
any significant trees on the subject property; the [professional] removal of
invasive and harmful planting provides a benefit to helping restore the natural
environment and native plant growth in this area; and provides a condition to help
replace and replenish the loss of some significant trees.
4. The grades in excess of 18% and 40% impacted by the proposed project appear to
have been man-made and will not negatively impact the bluff area or any
significant or protected areas of the subj ect property or surrounding properties.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the
critical area permit and conditional use permit as proposed under Planning Case 2017-16 are
hereby approved with the following conditions:
Building and grading permits shall be approved by the City prior to any
demolition or removal of any existing structures, and before any construction of
any new dwelling on each lot.
2. The retaining wall proposed under this development plan must be made of natural
or native stone materials.
Removal of trees and vegetation, including any invasive trees or unsuitable
vegetation must be performed by qualified tree and landscaping professional/firm.
Removal of vegetation is primarily confined to the silt fenced area noted on the
"Existing Conditions, Soils, Landscaping and Demo Plan" map. Any removals
beyond this silt fenced area shall be limited to buckthorn and other similar but
smaller invasive plantings [2" or less caliper size]. The cutting or clearing of any
significant trees beyond the silt fence boundary line, regardless of variety, is
prohibited.
4. Each dwelling lot shall have a tree replacement plan at time of building permit
review/approval of at least ten (10) new significant trees per lot, in order to
replace the 16 trees projected for removal under this development plan.
Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
All grading and landscape work shall be performed by a qualified, professional
contractor and/or landscape company.
7. All work on site will only be performed between the hours of 7:00 am and 7:00
pm.
All grading and construction activity will be in compliance with applicable
federal, state, and local regulations and codes, as well as in compliance with the
City's Land Disturbance Guidance Document.
9. Construction of any new home and any additional (related) work on each lot will
require future consideration and approval of separate critical area permits.
Adopted by the City Council of the City of Mendota Heights this lst day of August, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Neil Garlock, Mayor
ATTEST•
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Lorri Smith, City Clerk
Res 2017-58 page Z
EXHIBIT A
Legal Description — 796 Sibley Memorial Highway
PID: 27-30700-00-060
Lot 6, Goodrich Happy Hollow, Dakota County, Minnesota
:
PID: 27-30700-00-070
Lot 7, Goodrich Happy Hollow, Dakota County, Minnesota
Res 2017-58 page 3
Receipt:# 528546
RES $46.00
Return to:
CITY OF MENDOTA
HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS MN
55'I 18
785531
IIIIII I�III (III) IIIII IIIII (IIII III) IIII
Recorded on: 11120/2017 9:44 AM
By: JAR, Deputy
Cert # 1.8166
Office� of the Registrar of Title�s
Dalcota County, Minnesota
Joel 7-. Beckman, Registrar of Tdles
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