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Res 2017- 83 Approve Wetlands Permit 1773 Sutton LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-83 RESOLUTION APPROVING A WETLANDS PERMIT TO ALLOW CERTAIN SITE IMPROVEMENTS, REPAIRS AND VEGETATION REMOVAL FOR THE PROPERTY LOCATED AT 1773 SUTTON LANE WHEREAS, Tim Dyrhaug, as Owner and Applicant, has applied for a wetlands permit, which would facilitate the removal and replacement of retaining wall systems in the back of the residential dwelling, along with select removal of dead or diseased trees and invasive/noxious vegetation in and around the area of work; and the replacement/repair of a concrete footing pier supporting a three-season porch off the back of the home, as proposed and described in Planning Case 2017-24, for the property located at 1773 Sutton Lane, and legally described in attached E�ibit A; and WHEREAS, pursuant to City Code Title 12-2-1, all new construction, related improvements, grading, and/or removals made within 100-ft. of a wetland or water resource- related area requires a wetlands permit; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting of June 27, 2017; whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended unanimous approval of the wetlands permit, with certain findings of fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that wetlands permit, which would which would facilitate the removal and replacement of retaining wall systems in the back of the residential dwelling, along with select removal of dead or diseased trees and invasive/noxious vegetation in and around the area of work; and the replacement/repair of a concrete footing pier supporting a three-season porch off the back of the home, as proposed and described in Planning Case 2017-24, for the property located at 1773 Sutton Lane, is hereby approved with the following findings of fact: A. The proposed construction activities to be allowed under this Wetlands Permit meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. B. The proposed construction work should have very little, if any impacts to the adjacent water feature. C. The Owner will provide for the protection and preservation of the adjacent water resource-related area by installing silt fence and stormwater run-off protection measures. D. The Owner will make every attempt to minimize disturbance of the area in order to protect and preserve the natural surroundings, avoid excess loss of vegetation, and avoid any impacts to wildlife and aquatic organisms. E. Vegetation will be replanted, in accordance with City guidance and instructions in the disturbed areas after construction is completed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the wetlands permit for the property located at 1773 Sutton Lane is hereby approved with the following conditions: 1. Any land disturbance activities shall be in compliance with the City's Land Disturbance Guidance document. 2. An updated plan must be submitted for review by the Planning Department showing vegetation to be re-planted within the disturbed areas of the project. This plan will include pollinator friendly and/or native plantings/grasses that will grow and thrive in the over-shaded area of the rear yard. For the agreed upon temporary right-of-access to the city-owned land to the south, including all work to install, remove and restore said temporary access/construction road, the Owner/Applicant shall provide evidence or proof of insurance that the City of Mendota Heights is waived from any and all liability, and named as an added insurer to the homeowner's insurance policy or contactor's policy. 4. A cash bond, letter of credit or agreed upon surety in the amount of $1,000 shall be submitted and held by the city for a period of at least one (1) year from completion of a11 work, to ensure all new landscaping has survived, and the access roadway has been properly restored. Adopted by the City Council of the City of Mendota Heights this 3rd day of October, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS �}r��� �-.°�,�.��� Neil Garlock, Mayor ATTEST: s �c.' Lorri Smith, City Clerk Res 2017-83 ppge 2 EXHIBIT A Property Address: 1773 Sutton Lane, Mendota Heights MN PID: 27-70900-01-040 Legal Description: Lot 4, Block l, SOMERSET No. 2, Mendota Heights, Dakota County, Minnesota. Res 2017-83 page 3 Receipt:# 528855 COND $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VIGTORIA CURVE MENDOTA HEIGHTS MN 55118 3224090 III II IIIII iilll Ilil iill IIIIII IIIII IIIiI IIIII I Recorded on: 11I21/2017 9:42 AM gy: TMB, Deputy Office of the County Recorder Dakota County, Minnesota Joel T. Beckman, Counfy Recorder , i �- f'� i 1 ��; �� �