Res 2018- 35 Approving Wetlands Permit 954 Wagon Wheel TrlReceipt:# 551740
RES $46.00
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4844 NORTH 300 W #202
PROVO UT 84604
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Recorded on 5/4/20 8 9:20 AM
By: CAC, Deputy
Cert # 169519
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-35
11
Office of the Registrar of Titles
Dakota County, Minnesota
Joel T Beckman, Registrar of Titles
RESOLUTION APPROVING A WETLANDS PERMIT
FOR PROPERTY LOCATED AT
954 WAGON WHEEL TRAIL
WHEREAS, Elevation Homes (the "Applicants"), acting on behalf of Rob and SueMi
Tuttle (the "Owners") have applied for a Wetlands Permit under Planning Case No. 2018-10 for
the property generally located on the north side of Rogers Lake, addressed as 954 Wagon Wheel
Trail and legally described in attached Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030
Comprehensive Plan, is situated in the R-1 One Family Residential District, and is located adjacent
to an established wetland and Rogers Lake; and
WHEREAS, the Applicants seek permission to construct a new 5,500 sq. ft. single-family
dwelling with an attached three -car garage and swimming pool on the Subject Property, and
WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related
improvements, grading, and/or removals made within one -hundred (100) feet of a wetland or water
resource -related area requires a wetlands permit; and
WHEREAS, on April 24, 2018, the Mendota Heights Planning Commission held a public
hearing on this matter at their regular meeting, and whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended unanimous approval (7-0 vote)
of the Wetlands Permit for the property located at 954 Wagon Wheel Trail, with certain findings
of fact and conditions of approval as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
requested Wetlands Permit for the property located at 954 Wagon Wheel Trail, as proposed under
Planning Case No. 2018-10, is hereby approved with the following findings of fact:
A. The use of the subject parcel as a new single-family residential dwelling is
consistent with the City Code and Comprehensive Plan.
B. The planned development of the new dwelling, garage and swimming pool is
considered a reasonable request, and is consistent with the City Code and
Comprehensive Plan.
C. The proposed residential home meets the required setbacks and other standards
established under the R-1 One Family District.
D. The proposed garage and residential structure will be compliant with the conditions
included in the City Code.
E. The proposed new residential home project and any related construction activities
will not cause or create any negative impacts to the ecologically sensitive area of
the wetlands or Rogers Lake area, due to the implementation of new wetland
setback and unaltered shoreland areas; and the proximity and separation of the
structure from said water features.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands
Permit proposed under Planning Case No. 2018-10 is hereby approved with the following
conditions:
1. The new single-family development, including the dwelling structure, garage and
swimming pool shall comply with all standards and rules under Title 9 Building
Regulations (ref. Ch. 2 Swimming Pools) and Title 12 Zoning of the City Code.
2. The new single-family development shall comply with or exceed the applicable
standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City
Code.
3. The Applicant/Owners shall submit a final grading plan, utility plan and a
dimensioned site plan subject to review and approval by the Engineering
Department and Planning Department as part of any building permit application.
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 must be approved prior to the commencement of any
construction work; site construction shall occur only between the hours of 7:00 am
and 7:00 pm.; and full erosion/sedimentation measures shall be installed prior to
commencement of work and maintained throughout the duration of the construction
proj ect.
Res 2018-35 page 2
6. No disturbance, grading work or any type of construction activities, besides
installation of erosion control measures and/or limited vegetation removal, shall
occur within the 25 -ft. buffer strip along the northerly wetland feature; or within
the buffer area defined between the wetland setback line and the OHWM line of
Rogers Lake to the south; or on slopes 25% or greater.
7. All new trees and wetland buffer areas shall be planted with approved native trees
and pollinator friendly and wetland suitable plantings, as per the city's Native Plant
List.
8. The Owner shall dedicate a 10 -foot wide drainage and utility easement along the
eastern property line within the vacated Rogers Avenue right-of-way; and a new
permanent drainage and utility easements over the entire northerly wetland area,
which should include the 25 -foot non -disturbance buffer strip from the delineated
wetland edge, with said easements to be denoted on the Certificate of Survey or
separate easement agreement submitted and recorded with Dakota County.
9. All disturbed areas in and around the project site shall be restored and have an
established, protected and permanent ground cover immediately after the project is
completed.
Adopted by the City Council of the City of Mendota Heights this 1St day of May, 2018.
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-35
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
G34 /
Neil Garlock Mayor
yor
page 3
EXHIBIT A
Legal Description
PID# 27-16400-00-160
Per Certificate of Title No. 79786 (Torrens)
THE EAST TWO HUNDRED AND TEN (210) FEET OF LOT SIXTEEN (16) OF CAROLINE'S
LAKEVIEW ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE AND OF
RECORD IN THE OFFICE OF THE REGISTER OF DEEDS WITHIN AND FOR DAKOTA
COUNTY, MINNESOTA; AND INCLUDING THE ADJACENT THIRTY FEET (30') OF
VACATED ROGERS AVENUE RIGHT OF WAY LYING SOUTHERLY OF WAGON WHEEL
TRAIL RIGHT OF WAY (PER CITY OF MENDOTA HEIGHTS RESOLUTION NO. 2017-88,
ADOPTED AND DATED OCTOBER 17, 2017).
Res 2018-35 page 4
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 3rd day of May, 2018.
(SEAL)
Lorri Smith, City Clerk