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Res 2017- 68 CAP, CUP 1275 Knollwood LaneCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-68 RESOLUTION APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT TO PETER & JENNIFER EISENHUTH WHICH WOULD ALLOW CERTAIN CONSTRUCTION ACTIVITIES IN THE CRITICAL AREA OVERLAY DISTRICT (LOCATED AT 1275 KNOLLWOOD LANE) WHEREAS, Peter and Jennifer Eisenhuth (the "Applicant") 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 No. 2017-18, located at 1275 Knollwood Lane, and legally described in E�ibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this planning item at the regular meeting of August 22, 2017; whereby a planning staff report was presented and received by the commission, comments from the Applicant and general public were received and noted for the record, and upon closing the hearing, the Planning Commission recommended unanimous approval of the conditional use permit request for the property located at 2515 Pilot Knob Road, with certain findings of fact and conditions 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 2017-18 are hereby approved with the following findings of fact: A. The proposed development of the property with a new single-family residential structure meets the general purpose and intent of the City Code and is consistent with the Comprehensive Plan. B. The proposed project meets the purpose and intent of the Critical Area Overlay District, including the additional conditional use permit standards. C. 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. D. The proximity of the new home from the bluff line, along with all new [proposed] grades for this site, will ensure that no stormwater drainage will negatively impact neighboring residents; and help lessen any erosion or future degradation of the nearby bluff and critical corridor area. E. The work proposed involved is reasonable and within the spirit and intent of the Critical Area, if done carefully and professionally. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Critical Area Permit and Conditional Use Permit as proposed under Planning Case 2017-18 are hereby approved with the following conditions: 1. 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. 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. 3. All new utility plans and connections will be required for review and approval by the City Engineer. 4. The Applicant shall provide an updated tree and/or vegetation replacement plan that provides a reasonable and equitable replacement of trees to be removed under this new development plan. 5. 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 areas identified on the "Tree Removal Plan" as submitted under this joint application. 6. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 7. All grading and landscape work shall be performed by a qualified, professional contractor and/or landscape company. 8. All work on site will only be performed between the hours of 7:00 am and 7:00 pm. 9. The final design and location of the new (relocated) driveway must be approved by the City Engineer; and any portion of the existing driveway that is removed within the Knollwood Lane right-of-way and inside the subject property must repaired and restored accordingly. 10. The exterior finishes of the dwelling shall incorporate natural and/or native materials, subject to approval of the Community Dev. Director and City Engineer. Adopted by the City Council of the City of Mendota Heights this Sth day of September, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS (� Neil Garlock, Mayor ATTES . � Lorri Smith, City Clerk Res 2017-68 Page 2 of 3 EXHIBIT A Legal Description — 1275 KNOLLWOOD LANE PID: 27-37676-01-090 Lot 9, Block l, IVY FALLS WEST 2"d ADDITION, Dakota County, Minnesota Res 2017-68 Page 3 of 3 Receipt:# 528544 785530 RES $46.00 Return �to: CITY OF MENDOTA HEIGHTS 1701 VICTORIA CURVE MENDOTA HEIGHTS MN 55118 IIIIII IIIII Ilil) IIIII IIIII IIIII IIII (III Recorded on: 11120I2017 9:42 AM By: JAR, Deputy Cert # '168338 Office of the Registrar of Titles D.akota County, Minnesota JoeJ T. Beckman, Registrar of Titles p� ,� �„ � � ,�� � � � - �� ��