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Res 2019- 41 Wetlands Permit 660 Hidden Creek TrlCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-41 RESOLUTION APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 660 HIDDEN CREEK TRAIL (PLANNING CASE NO. 2019-13) WHEREAS, Mark and Stacy Roszkowski, (as "Owner" and "Applicant") applied for a Wetlands Permit as presented under Planning Case No. 2019-13, for the property located at 660 Hidden Creek Trail (the "Subject Property"), legally described in attached Exhibit -A; 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 and install a new in -ground swimming pool with deck to the rear area of 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 May 28, 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 unanimously (by 7-0 vote) to approve the Wetlands Permit Wetlands Permit as presented under Planning Case No. 2019-13, 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 as presented under Planning Case No. 2019-13, and for the property located at 660 Hidden Creek Trail, is hereby approved with the following findings of fact: A. The proposed construction activities related to the new pool project and allowed under this Wetlands Permit meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. B. The dedication of the new Marie Creek buffer easement and property drainage and utility easements will provide adequate work space, means of suitable access, and safeguards to the city and property owners for any restoration or erosion control work in this are, if needed. C. No grading or vegetation removal within the 25 -foot non -disturbance buffer area will take place or is anticipated under this project, which will ensure no negative impacts to the adjacent wetlands feature should occur. D. Adequate erosion control measures will be maintained and observed during construction. E. Any disturbed areas or vegetation removed as part of this pool project will be planted in the disturbed areas after construction is completed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit presented under Planning Case No. 2019-13, and for the property located at 660 Hidden Creek Trail, is hereby approved with the following conditions: 1. The new pool structure shall comply with all standards and rules under Title 9 Building Regulations Section 9-2-1: Swimming Pools, and Title 12 Zoning of the City Code, and the Minnesota State Building Code regulations. 2. The new swimming pool and related structure work shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. Draining or back-flushing of water from pool shall be directed onto the owner's property only, and shall not drainage directly into the creek or wetland systems. Any drainage onto public streets or other public drainage ways shall require permission of the appropriate local city officials. 4. The Owners shall provide and maintain a 25 -foot wide no-disturbance/natural vegetative buffer zone from the creek edge in order to provide an extra level or measure of erosion and silt protection from said wetland feature. 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 6. 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. Res 2019-41 Page 2 7. 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 4th day of June, 2019. 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 2019-41 Page 3 Exhibit -A Legal Description PID# 27-32500-02-020 LOT 2, BLOCK 2, HIDDEN CREEK ESTATES, DAKOTA COUNTY, MINNESOTA Receipt:# 614715 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-41 3315764 Recorded on: 7/19/2019 8:55 AM 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 660 HIDDEN CREEK TRAIL (PLANNING CASE NO. 2019-13) WHEREAS, Mark and Stacy Roszkowski, (as "Owner" and "Applicant") applied for a Wetlands Permit as presented under Planning Case No. 2019-13, for the property located at 660 Hidden Creek Trail (the "Subject Property"), legally described in attached Exhibit -A; 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 and install a new in -ground swimming pool with deck to the rear area of 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 May 28, 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 unanimously (by 7-0 vote) to approve the Wetlands Permit Wetlands Permit as presented under Planning Case No. 2019-13, 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 as presented under Planning Case No. 2019-13, and for the property located at 660 Hidden Creek Trail, is hereby approved with the following findings of fact: A. The proposed construction activities related to the new pool project and allowed under this Wetlands Permit meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. B. The dedication of the new Marie Creek buffer easement and property drainage and utility easements will provide adequate work space, means of suitable access, and safeguards to the city and property owners for any restoration or erosion control work in this are, if needed. C. No grading or vegetation removal within the 25 -foot non -disturbance buffer area will take place or is anticipated under this project, which will ensure no negative impacts to the adjacent wetlands feature should occur. D. Adequate erosion control measures will be maintained and observed during construction. E. Any disturbed areas or vegetation removed as part of this pool project will be planted in the disturbed areas after construction is completed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands Permit presented under Planning Case No. 2019-13, and for the property located at 660 Hidden Creek Trail, is hereby approved with the following conditions: 1. The new pool structure shall comply with all standards and rules under Title 9 Building Regulations Section 9-2-1: Swimming Pools, and Title 12 Zoning of the City Code, and the Minnesota State Building Code regulations. 2. The new swimming pool and related structure work shall comply with all applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. Draining or back-flushing of water from pool shall be directed onto the owner's property only, and shall not drainage directly into the creek or wetland systems. Any drainage onto public streets or other public drainage ways shall require permission of the appropriate local city officials. 4. The Owners shall provide and maintain a 25 -foot wide no-disturbance/natural vegetative buffer zone from the creek edge in order to provide an extra level or measure of erosion and silt protection from said wetland feature. 5. 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 6. 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. Res 2019-41 Page 2 7. 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 4th day of June, 2019. 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 2019-41 Page 3 Exhibit -A Legal Description PID# 27-32500-02-020 LOT 2, BLOCK 2, HIDDEN CREEK ESTATES, 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 19th day of July, 2019.