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Res 2019- 31 Wetland Permit 2458 Bridgeview CourtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-31 RESOLUTION APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 2458 BRIDGEVIEW COURT WHEREAS, Philip & Margaret Johnson (the "Applicant") have applied for a Wetlands Permit under Planning Case No. 2019-09 for the property located at 2458 Bridgeview Court, 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 remove an old deck and construct a new deck on the rear part of the existing dwelling located 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 23, 2019, 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 (by 5-0 vote) of the Wetlands Permit for the property located at 2458 Bridgeview Court, 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 recommendation from the Planning Commission is hereby affirmed, and the Wetlands Permit application for the property located at 2458 Bridgeview Court and as proposed under Planning Case No. 2019-09, is hereby approved with the following findings of fact: A. The planned development of the new deck is considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. B. The proposed deck meets the required setbacks and other standards established under the City Code Title 12 Zoning for the R-1 One Family District and City Code Title 12- 2-1 Wetlands Systems. C. The proposed deck structure will be compliant with the conditions included in the City Code. D. The proposed new deck project and any related construction activities will not cause or create any negative impacts to the ecologically sensitive areas of the adjacent wetlands, due to the unaltered shoreland area, and the proximity and separation of the structure from the wetland. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit proposed under Planning Case No. 2019-09 is hereby approved with the following conditions: The new deck structure shall comply with all standards and rules under State Building Code regulations and Title 12 Zoning of the City Code. 2. The new deck structure work shall comply with or exceed the applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. Any new excavating, grading and/or 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. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project 4. 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 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 5. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the deck project is completed. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTES 14'a Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-31 Page 2 Exhibit -A Legal Description PID# 27-15150-04-010 LOT 1, BLOCK 4, BRIDGEVIEW SHORES 1ST ADDITION, DAKOTA COUNTY, MINNESOTA Receipt:# 603773 SUP $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-31 3304065 Recorded on: 5/9/2019 12:38 PM By: DRA, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 2458 BRIDGEVIEW COURT WHEREAS, Philip & Margaret Johnson (the "Applicant") have applied for a Wetlands Permit under Planning Case No. 2019-09 for the property located at 2458 Bridgeview Court, 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 remove an old deck and construct a new deck on the rear part of the existing dwelling located 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 23, 2019, 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 (by 5-0 vote) of the Wetlands Permit for the property located at 2458 Bridgeview Court, 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 recommendation from the Planning Commission is hereby affirmed, and the Wetlands Permit application for the property located at 2458 Bridgeview Court and as proposed under Planning Case No. 2019-09, is hereby approved with the following findings of fact: A. The planned development of the new deck is considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. B. The proposed deck meets the required setbacks and other standards established under the City Code Title 12 Zoning for the R-1 One Family District and City Code Title 12- 2-1 Wetlands Systems. C. The proposed deck structure will be compliant with the conditions included in the City Code. D. The proposed new deck project and any related construction activities will not cause or create any negative impacts to the ecologically sensitive areas of the adjacent wetlands, due to the unaltered shoreland area, and the proximity and separation of the structure from the wetland. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit proposed under Planning Case No. 2019-09 is hereby approved with the following conditions: The new deck structure shall comply with all standards and rules under State Building Code regulations and Title 12 Zoning of the City Code. 2. The new deck structure work shall comply with or exceed the applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. Any new excavating, grading and/or 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. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project 4. 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 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 5. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the deck project is completed. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTES ko�,_ Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-31 Page 2 Exhibit -A Legal Description PID# 27-15150-04-010 LOT 1, BLOCK 4, BRIDGEVIEW SHORES IST ADDITION, DAKOTA COUNTY, MINNESOTA 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 9th day of May, 2019.