Res 2019- 72 CAP 1135 Orchard PlaceCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-72
APPROVING A CRITICAL AREA PERMIT
FOR PROPERTY LOCATED AT 1135 ORCHARD PLACE
(PLANNING CASE NO. 2019-26)
WHEREAS, Matt Mosvick (as "Applicant/Owner") applied for a Critical Area Permit as
proposed under Planning Case No. 2019-26, and for the property located at 1135 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 single-family residential
dwelling, subject to the requirements of the applicable zoning district and related Critical Area
Overlay District standards; and
WHEREAS, on September 24, 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 (7-0 vote) to
approve the Critical Area Permit for the subject property, 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 1135 Orchard Place as proposed under Planning Case No. 2019-26 can be
approved based on the following findings of fact:
A. The proposed single-family dwelling project meets the purpose and intent of the
Critical Area Overlay District.
B. The proposed work and disturbance to construct this new single-family dwelling is
deemed minimal, reasonable and within the spirit and intent of the Critical Area
Overlay District.
C. The proposed single-family dwelling project will be a nice addition to the
neighborhood and is in keeping with the character of the area.
D. The construction of this new single-family dwelling 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. 2019-26, dated and presented September 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 1135 Orchard Place and as proposed under
Planning Case No. 2019-26 is hereby approved with the following conditions:
1. A building permit, including all new grading and drainage work, must be approved
by the City of Mendota Heights prior to the commencement of any new
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 16t" day of October, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTE T:
Lorri Smith, City Clerk
Res. 2019-72 Page 2
EXHIBIT A
PID No. 27-02700-01-041
ADDRESS: 1135 ORCHARD PLACE, MENDOTA HEIGHTS, MN 55118
LEGAL:
The North 214.50 feet of the West 100.00 feet of the East 750.00 feet of the Northeast Quarter of
the Northeast Quarter of Section 27, Township 28 North, Range 23 West, Dakota County,
Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2019-72 page 3
Receipt:# 632490
SUP $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-72
3333711
Recorded on: 10/23/2019 9:56 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
APPROVING A CRITICAL AREA PERMIT
FOR PROPERTY LOCATED AT 1135 ORCHARD PLACE
(PLANNING CASE NO. 2019-26)
WHEREAS, Matt Mosvick (as "Applicant/Owner") applied for a Critical Area Permit as
proposed under Planning Case No. 2019-26, and for the property located at 1135 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 single-family residential
dwelling, subject to the requirements of the applicable zoning district and related Critical Area
Overlay District standards; and
WHEREAS, on September 24, 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 (7-0 vote) to
approve the Critical Area Permit for the subject property, 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 1135 Orchard Place as proposed under Planning Case No. 2019-26 can be
approved based on the following findings of fact:
A. The proposed single-family dwelling project meets the purpose and intent of the
Critical Area Overlay District.
B. The proposed work and disturbance to construct this new single-family dwelling is
deemed minimal, reasonable and within the spirit and intent of the Critical Area
Overlay District.
C. The proposed single-family dwelling project will be a nice addition to the
neighborhood and is in keeping with the character of the area.
D. The construction of this new single-family dwelling 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. 2019-26, dated and presented September 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 1135 Orchard Place and as proposed under
Planning Case No. 2019-26 is hereby approved with the following conditions:
A building permit, including all new grading and drainage work, must be approved
by the City of Mendota Heights prior to the commencement of any new
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 16t" day of October, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTE T:
Lorri Smith, City Clerk
Res. 2019-72 Page 2
EXHIBIT A
PID No. 27-02700-01-041
ADDRESS: 1135 ORCHARD PLACE, MENDOTA HEIGHTS, MN 55118
LEGAL:
The North 214.50 feet of the West 100.00 feet of the East 750.00 feet of the Northeast Quarter of
the Northeast Quarter of Section 27, Township 28 North, Range 23 West, Dakota County,
Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2019-72 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 16t' day of October, 2019.
Lorri Smith, City Clerk
(SEAL)