Res 2018- 46 CAP 1680 Mayfield Hts RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-46
RESOLUTION APPROVING A CRITICAL AREA PERMIT
FOR PROPERTY LOCATED AT 1680 MAYFIELD HEIGHTS ROAD
(PLANNING CASE NO. 2018-15)
WHEREAS, Jackie and Mike Chase (the "Applicants") have applied for a Critical Area
Permit to allow certain construction activities within the Critical Area Overlay District, as
proposed under Planning Case No. 2018-15, located at 1680 Mayfield Heights Road, 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 new development activities necessitating a building permit or special
zoning approval, and the Applicants are seeking permission to construct a new 16' x 38' in -ground
swimming pool with a concrete patio/deck around the perimeter of the pool, including new
boulder -style retaining walls, and all 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 June 26, 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
1680 Mayfield Heights 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 to allow certain construction activities within the Critical Area Overlay
District, as proposed under Planning Case No. 2018-15, and located at 1680 Mayfield Heights
Road, can be approved based on the following findings of fact:
A. The proposed new swimming pool, patio/deck and retaining wall structures are
reasonable and generally acceptable accessory uses of the subject property; and
meets the general purpose and intent of the Code, including the location (setbacks)
of the pool and retaining wall materials, and is consistent with the Comprehensive
Plan.
B. The proposed construction activities will not remove any additional vegetation and
the proposed design will not damage or cause any negative or long-term negative
effects upon the critical area; nor will the character of the neighborhood be affected
or altered.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Critical
Area Peiniit to allow certain construction activities within the Critical Area Overlay District, as
proposed under Planning Case No. 2018-15, and located at 1680 Mayfield Heights Road is hereby
approved with the following conditions:
1. The Owners/Applicant must obtain an approved building permit prior to any work
commencing on the swimming pools or wall structures.
2. Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
3. 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.
Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
-L' Q
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-46
Page 2 of 3
EXHIBIT A
Legal Description — 1680 MAYFIELD HEIGHTS ROAD
PID No. 27-02300-52-070
[PER DAKOTA COUNTY WARRANTY DEED DOC. NO. 3176279.]
That part of Government Lot 5, Section 23, Township 28, Range 23, Dakota County, Minnesota
described as follows:
Commencing at the Southeast corner of said Government Lot 5; thence North 89 degrees 52
minutes 24 seconds West, assumed basis of bearings, along the South line of said Government
Lot 5, a distance of 337.00 feet; thence North 0 degrees 07 minutes 36 seconds East, a distance
of 100.00 feet to the point of beginning; thence continue North 0 degrees 07 minutes 36 seconds
East, a distance of 188.18 feet; thence South 88 degrees 21 minutes 30 seconds East, a distance
of 337 .28 feet to the East line of said Government Lot 5; thence South 0 degrees 09 minutes 38
seconds West along the East line of said Government Lot 5, a distance of 179.26 feet to the North
line of the South 100 feet of said Government Lot 5; thence North 89 degrees 52 minutes 24
seconds West, a distance of 337 .06 feet to the point of beginning.
Abstract Property.
Res 2018-46 Page 3 of 3
Receipt:# 596046
SUP $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-46
3296144
Recorded on: 3/11/2019 3:02 PM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
RESOLUTION APPROVING A CRITICAL AREA PERMIT
FOR PROPERTY LOCATED AT 1680 MAYFIELD HEIGHTS ROAD
(PLANNING CASE NO. 2018-15)
WHEREAS, Jackie and Mike Chase (the "Applicants") have applied for a Critical Area
Permit to allow certain construction activities within the Critical Area Overlay District, as
proposed under Planning Case No. 2018-15, located at 1680 Mayfield Heights Road, 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 new development activities necessitating a building permit or special
zoning approval, and the Applicants are seeking permission to construct a new 16' x 38' in -ground
swimming pool with a concrete patio/deck around the perimeter of the pool, including new
boulder -style retaining walls, and all 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 June 26, 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
1680 Mayfield Heights 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 to allow certain construction activities within the Critical Area Overlay
District, as proposed under Planning Case No. 2018-15, and located at 1680 Mayfield Heights
Road, can be approved based on the following findings of fact:
A. The proposed new swimming pool, patio/deck and retaining wall structures are
reasonable and generally acceptable accessory uses of the subject property; and
meets the general purpose and intent of the Code, including the location (setbacks)
of the pool and retaining wall materials, and is consistent with the Comprehensive
Plan.
B. The proposed construction activities will not remove any additional vegetation and
the proposed design will not damage or cause any negative or long-term negative
effects upon the critical area; nor will the character of the neighborhood be affected
or altered.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Critical
Area Permit to allow certain construction activities within the Critical Area Overlay District, as
proposed under Planning Case No. 2018-15, and located at 1680 Mayfield Heights Road is hereby
approved with the following conditions:
The Owners/Applicant must obtain an approved building permit prior to any work
commencing on the swimming pools or wall structures.
2. Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
3. 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.
Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2018.
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-46 Page 2 of 3
EXHIBIT A
Legal Description — 1680 MAYFIELD HEIGHTS ROAD
PID No. 27-02300-52-070
[PER DAKOTA COUNTY WARRANTY DEED DOC. NO. 3176279.1
That part of Government Lot 5, Section 23, Township 28, Range 23, Dakota County, Minnesota
described as follows:
Commencing at the Southeast corner of said Government Lot 5; thence North 89 degrees 52
minutes 24 seconds West, assumed basis of bearings, along the South line of said Government
Lot 5, a distance of 337.00 feet; thence North 0 degrees 07 minutes 36 seconds East, a distance
of 100.00 feet to the point of beginning; thence continue North 0 degrees 07 minutes 36 seconds
East, a distance of 188.18 feet; thence South 88 degrees 21 minutes 30 seconds East, a distance
of 337 .28 feet to the East line of said Government Lot 5; thence South 0 degrees 09 minutes 38
seconds West along the East line of said Government Lot 5, a distance of 179.26 feet to the North
line of the South 100 feet of said Government Lot 5; thence North 89 degrees 52 minutes 24
seconds West, a distance of 337 .06 feet to the point of beginning.
Abstract Property.
Res 2018-46 Page 3 of 3