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Res 2018- 23 CAP 796 Sibley Mem HwyReceipt:# 551769 RES $46.00 Return to: SIMPLIFILE 4844 NORTH 300 W #202 PROVO UT 84604 11 11 1 791582 1 1 11 1 1 1 1 1 11 Recorded on: 5/4/2018 10 18 AM By: CAC, Deputy Cert # 128166 Office of the Registrar of Titles Dakota County, Minnesota Joel T Beckman, Registrar of Titles CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-23 RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR THE PROPERTY LOCATED AT 796 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE NO. 2018-06) WHEREAS , Precision Homes, LLC, acting on behalf of the property owner James R. Hanson, has applied for a critical area permit to allow certain construction activities in the Critical Area Overlay District, as proposed under Planning Case 2018-06, located at 796 Sibley Memorial Highway, and legally described in attached Exhibit A; and WHEREAS, Title 12-3-1 of the City Code (Critical Area Overlay District) requires a critical area permit for all development activities necessitating a building permit or special zoning approval, and Precision Homes is seeking permission to construct a 2,440 sq. ft. single-family residential dwelling on the subject lot, subject to the requirements of the applicable zoning district and related Critical Area Overlay District standards; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this planning item at the regular meeting of February 27, 2018, 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 critical area permit request for the property located at 796 Sibley Memorial Highway, 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 as proposed under Planning Case No. 2018-06 is hereby approved with the following findings of fact: A. The proposed development of the properties with a new single family residential dwelling 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 and related development standards. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the Critical Area Permit as proposed under Planning Case 2018-06 is hereby approved with the following conditions: 1. The new dwelling lot shall have a tree replacement plan at time of building permit review/approval of at least ten (10) new significant trees. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All work on site will only be performed between the hours of 7:00 am and 7:00 pm. 4. 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. 5. A building permit shall be submitted substantially in accordance with the elevations and materials proposed by the applicant and included in the staff report. Adopted by the City Council of the City of Mendota Heights this 6th day of March, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2018-23 Page 2 of 3 EXHIBIT A Legal Description -796 Sibley Memorial Highway PID: 27-30700-00-060 Lot 6, Goodrich Happy Hollow, Dakota County, Minnesota Res 2018-23 Page 3 of 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 is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 4tn day of May, 2018. (SEAL) 2-)„.0 Lorri Smith, City Clerk