Res 2019- 53 CAP 1175 Orchard PlaceCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-53
APPROVING A CRITICAL AREA PERMIT
FOR PROPERTY LOCATED AT 1175 ORCHARD PLACE
(PLANNING CASE NO. 2019-21)
WHEREAS, Andy & Natalie Hunter (as "Applicant/Owner") have applied for a Critical
Area Permit as proposed under Planning Case No. 2019-21, and for the property located at 1175
Orchard Place (the "Subject Property"), which is legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030
Comprehensive Plan and located in the R-1 One Family Residential District; 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 the Applicant is seeking permission to construct a new 25.5' x 30' addition, which
will contain a new two -car garage space with additional living space above, along with a new open
deck and a new enclosed/screened in deck/porch, subject to the requirements of the applicable
zoning district and related Critical Area Overlay District standards; and
WHEREAS, on July 23, 2019, the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and follow-up discussion with staff and
the Applicant, the Planning Commission recommended unanimously (6-0 vote) to approve the
Critical Area Permit request for 1175 Orchard Place, with certain findings of fact to support such
recommendation.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Critical Area Permit for 1175 Orchard Place as proposed under Planning Case No. 2019-21 can be
approved based on the following findings of fact:
A. The proposed project meets the purpose and intent of the Critical Area Overlay
District.
B. The proposed work and disturbance to construct this garage/living space addition
and new decks are all minimal, reasonable and within the spirit and intent of the
Critical Area.
C. The proposed garage/living space addition and new deck project is in keeping
with the character of the area.
D. The expansion and construction of this new garage/living addition will comply
with all standards and regulations of the Zoning Ordinance and other applicable
ordinances.
E. The factual findings and analysis found in the Planning Staff Report for Planning
Case No. 2019-21, dated and presented July 23, 2019 (on file with the City of
Mendota Heights), is hereby fully incorporated into this Resolution..
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the
Critical Area Permit for the property located at 1175 Orchard Place and as proposed under
Planning Case No. 2019-21 is hereby approved with the following conditions:
1. A building permit must be approved prior to the commencement of any demolition
or construction work.
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.
4. All work on site will only be performed between the hours of 7:00 AM and 8:00
PM Monday through Friday; 9:00 AM to 5:00 PM weekends.
All disturbed areas in and around the project site shall be restored and have an
established and permanent ground cover immediately after the project is completed.
Adopted by the City Council of the City of Mendota Heights this 7t' day of August, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
��i lxii;�o -
Lorri Smith, City Clerk
Res. 2019-53 Page 2
PID No. 27-33900-01-020
ADDRESS: 1175 ORCHARD PLACE, MENDOTA HEIGHTS, MN 55118
LEGAL:
LOT 2, BLOCK 1, HUNTER BLUFF, DAKOTA COUNTY, MINNESOTA.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2019-53 page 3
Receipt:# 632465
SUP $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-53
3333641
Recorded on: 10/23/2019 8:56 AM
By: AS, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
APPROVING A CRITICAL AREA PERMIT
FOR PROPERTY LOCATED AT 1175 ORCHARD PLACE
(PLANNING CASE NO. 2019-21)
WHEREAS, Andy & Natalie Hunter (as "Applicant/Owner") have applied for a Critical
Area Permit as proposed under Planning Case No. 2019-21, and for the property located at 1175
Orchard Place (the "Subject Property"), which is legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030
Comprehensive Plan and located in the R-1 One Family Residential District; 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 the Applicant is seeking permission to construct a new 25.5' x 30' addition, which
will contain a new two -car garage space with additional living space above, along with a new open
deck and a new enclosed/screened in deck/porch, subject to the requirements of the applicable
zoning district and related Critical Area Overlay District standards; and
WHEREAS, on July 23, 2019, the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and follow-up discussion with staff and
the Applicant, the Planning Commission recommended unanimously (6-0 vote) to approve the
Critical Area Permit request for 1175 Orchard Place, with certain findings of fact to support such
recommendation.
NOW THEREFORE 13E IT RESOLVED by the Mendota Heights City Council that the
Critical Area Permit for 1175 Orchard Place as proposed under Planning Case No. 2019-21 can be
approved based on the following findings of fact:
A. The proposed project meets the purpose and intent of the Critical Area Overlay
District.
B. The proposed work and disturbance to construct this garage/living space addition
and new decks are all minimal, reasonable and within the spirit and intent of the
Critical Area.
C. The proposed garage/living space addition and new deck project is in keeping
with the character of the area.
D. The expansion and construction of this new garage/living addition will comply
with all standards and regulations of the Zoning Ordinance and other applicable
ordinances.
E. The factual findings and analysis found in the Planning Staff Report for Planning
Case No. 2019-21, dated and presented July 23, 2019 (on file with the City of
Mendota Heights), is hereby fully incorporated into this Resolution.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the
Critical Area Permit for the property located at 1175 Orchard Place and as proposed under
Planning Case No. 2019-21 is hereby approved with the following conditions:
1. A building permit must be approved prior to the commencement of any demolition
or construction work.
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.
4. All work on site will only be performed between the hours of 7:00 AM and 8:00
PM Monday through Friday; 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 and permanent ground cover immediately after the project is completed.
Adopted by the City Council of the City of Mendota Heights this 7th day of August, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, . City Clerk
Res. 2019-53 page 2
PID No. 27-33900-01-020
ADDRESS: 1175 ORCHARD PLACE, MENDOTA HEIGHTS, MN 55118
LEGAL:
LOT 2, BLOCK 1, HUNTER BLUFF, DAKOTA COUNTY, MINNESOTA.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2019-53 page 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 7t' day of August, 2019.
Lorri Smith, City Clerk
(SEAL)