Loading...
Res 2020- 03 Approve CAP Wetlands Permit for 774 Sibley Memorial HwyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-03 APPROVING A CRITICAL AREA PERMIT AND WETLANDS PERMIT FOR PROPERTY LOCATED AT 774 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE NO. 2019-31) WHEREAS, Matt and Jeanne Kenevan (as "Applicant/Owner") applied for a Critical Area Permit and Wetlands Permit as proposed under Planning Case No. 2019-31, and for the property located at 774 Sibley Memorial Highway (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 in -ground swimming pool structure, subject to the requirements of the applicable zoning district and related Critical Area Overlay District standards; and WHEREAS, Title 12-2-3 of the City Code requires a Wetlands Permit for any development adjacent to or within 100 -ft. of an established wetland or water resource related feature in the community; and WHEREAS, on December 19, 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 (4-0 vote) to approve the Critical Area Permit and Wetlands Permit for the subject property with conditions, and 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 and Wetlands Permit as proposed under Planning Case No. 2019-31 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 meet 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 related to the new pool project and allowed under this Critical Area Permit and Wetlands Permit meet the development standards and regulations provided under Title 12, Chapter 2, Wetlands and Chapter 3, Critical Area Overlay District of the City Code. C. The proposed pool project will not affect or impact the general character of the neighborhood or the surrounding properties. D. The proposed construction activities will be located in an area of the property that is generally open, thereby avoiding any loss of established trees or vegetation to complete the project; and the project does not require excessive grading work, which could potentially damage or impact the adjacent bluff areas or Ivy Falls Creek corridor. E. New drainage swales around the outer perimeter of the pool will help alleviate any additional storm water run-off towards the Ivy Falls Creek water channel and bluff zones; and adequate erosion control measures will be required in order to safeguard the bluff and creek features. F. City staff will closely monitor the subject site and ensure compliance with the city's Land Disturbance Guidelines are met throughout the duration of the project; and all areas disturbed as part of this pool project will be restored after construction is completed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the Critical Area Permit and Wetlands Permit for the property located at 774 Sibley Memorial Highway and as proposed under Planning Case No. 2019-31, 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 structural work shall comply with all applicable standards and regulations noted under Title 12, Chapter 2 Wetlands Systems and Chapter 3, Critical Area Overlay District ordinances of the City Code. 3. No grading, vegetation removal, or construction activity will be allowed in the bluff impact zone or bluff areas. Res. 2020-03 page 2 4. Draining or back-flushing of water from pool shall be directed onto the owner's property only, and shall not drain directly into the nearby bluff impact zone, bluff area or creek/wetland systems. 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. The proposed retaining wall must be constructed of an approved native stone or wood material. 7. The shed located in the permanent utility easement must be removed or relocated outside the easement area. 8. 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. 9. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the pool project is completed. Adopted by the City Council of the City of Mendota Heights this 7" day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Res. 2020-03 page 3 EXHIBIT A PID No. 27-30700-00-010 ADDRESS: 774 Sibley Memorial Highway, Mendota Heights, MN 55118 LEGAL: Lot 1, Goodrich Happy Hollow, Dakota County, Minnesota, except that part for State Highway 13 ROW. Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-03 page 4 3433975 Receipt:# 736693 SUP $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 1/27/2021 1:39 PM By: CGK, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-03 APPROVING A CRITICAL AREA PERMIT AND WETLANDS PERMIT FOR PROPERTY LOCATED AT 774 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE NO.2019-31) WHEREAS, Matt and Jeanne Kenevan (as "Applicant/Owner") applied for a Critical Area Permit and Wetlands Permit as proposed under Planning Case No. 2019-31, and for the property located at 774 Sibley Memorial Highway (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 in -ground swimming pool structure, subject to the requirements of the applicable zoning district and related Critical Area Overlay District standards; and WHEREAS, Title 12-2-3 of the City Code requires a Wetlands Permit for any development adjacent to or within 100-ft. of an established wetland or water resource related feature in the community; and WHEREAS, on December 19, 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 (4-0 vote) to approve the Critical Area Permit and Wetlands Permit for the subject property with conditions, and 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 and Wetlands Permit as proposed under Planning Case No. 2019-31 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 meet 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 related to the new pool project and allowed under this Critical Area Permit and Wetlands Permit meet the development standards and regulations provided under Title 12, Chapter 2, Wetlands and Chapter 3, Critical Area Overlay District of the City Code. C. The proposed pool project will not affect or impact the general character of the neighborhood or the surrounding properties. D. The proposed construction activities will be located in an area of the property that is generally open, thereby avoiding any loss of established trees or vegetation to complete the project; and the project does not require excessive grading work, which could potentially damage or impact the adjacent bluff areas or Ivy Falls Creek corridor. E. New drainage swales around the outer perimeter of the pool will help alleviate any additional storm water run-off towards the Ivy Falls Creek water channel and bluff zones; and adequate erosion control measures will be required in order to safeguard the bluff and creek features. F. City staff will closely monitor the subject site and ensure compliance with the city's Land Disturbance Guidelines are met throughout the duration of the project; and all areas disturbed as part of this pool project will be restored after construction is completed. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the Critical Area Permit and Wetlands Permit for the property located at 774 Sibley Memorial Highway and as proposed under Planning Case No. 2019-31, 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 structural work shall comply with all applicable standards and regulations noted under Title 12, Chapter 2 Wetlands Systems and Chapter 3, Critical Area Overlay District ordinances of the City Code. 3. No grading, vegetation removal, or construction activity will be allowed in the bluff impact zone or bluff areas. Res. 2020-03 page 2 4. Draining or back -flushing of water from pool shall be directed onto the owner's property only, and shall not drain directly into the nearby bluff impact zone, bluff area or creek/wetland systems. 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. The proposed retaining wall must be constructed of an approved native stone or wood material. 7. The shed located in the permanent utility easement must be removed or relocated outside the easement area. 8. 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. 9. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the pool project is completed. Adopted by the City Council of the City of Mendota Heights this 7" day of January, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Res. 2020-03 page 3 EXHIBIT A PID No. 27-30700-00-010 ADDRESS: 774 Sibley Memorial Highway, Mendota Heights, MN 55118 LEGAL: Lot 1, Goodrich Happy Hollow, Dakota County, Minnesota, except that part for State Highway 13 ROW. Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-03 page 4 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 27" day of January, 2021. Lorri Smith, City Clerk (SEAL)