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Res 2020- 40 CUP 638 Ivy Falls AvenueCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-40 RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING INCREASED ELEVATION FOR SINGLE-FAMILY DWELLING LOCATED AT 638 IVY FALLS AVENUE [PLANNING CASE NO. 2020-131 WHEREAS, LDK Builders, Inc. (the "Applicant") requests approval of a conditional use permit to allow the construction of a new single-family dwelling three feet (Y) above a previous dwelling structure, located at 638 Ivy Falls Avenue (the "Subject Property"), as proposed under Planning Case No. 2020-13, and legally described in the attached Exhibit A; and WHEREAS, the Applicant purchased the Subject Property, removed the previous structure (single-family dwelling) and submitted a building permit to redevelop the property with a new single family dwelling; and WHEREAS, City Code Section 12-1E-1 provides for Minimum Requirements for Single - Family Residential Districts, with the additional standard found under Subpart A. Dwellings: 5. First Floor Elevation: a) Tear down and construction of new single-family dwellings and additions, modifications, and alterations to existing dwellings shall not raise the first floor elevation more than one foot (I ) above the existing condition; and WHEREAS, upon beginning the construction of the new dwelling structure, the Applicant discovered a higher than normal ground water level on the subject property, which necessitated the raising of the structure: and WHEREAS, City Code Section 12 -1E -I also allows submittal of a conditional use permit requesting the first floor elevation [of a new dwelling] to be increased by more than one foot (P) from the existing condition in order to meet one or more conditions, which in this case are: (2) Protect the dwelling from groundwater intrusion; and (4) comply with standard engineering practices, including, but not limited to, grading, drainage, access, or utility connection at the discretion of the city engineer; and WHEREAS, on June 23, 2020, the Mendota Heights Planning Commission conducted a public hearing on the proposed conditional use permit request, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve the conditional use permit, which would allow the allow the Applicant to construct a new single-family dwelling three feet (3') above a previous dwelling structure on the subject property, with certain conditions and specific findings of fact to support said approval, as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit to allow the Applicant to construct a new single-family dwelling three feet (3') above a previous dwelling structure on the subject property, as proposed under Planning Case No. 2020-13, may be approved based on the following findings of fact: A. The known presence of the high groundwater in this residential neighborhood and property creates significant site impacts and hardship for developing this site; whereby a new dwelling one -foot (1') above previous dwelling elevation makes it nearly impossible to safely and effectively develop this lot without raising the new elevation at least three -feet (3'). B. The proposed redevelopment and use of the subject parcel as a new single-family residential dwelling will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. C. The proposed dwelling structure will be compliant with the all other standards and conditions included in the City Code and State Building Codes. D. The new single-family dwelling represents a considerable reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit to allow the Applicant to construct a new single-family dwelling three feet (3') above a previous dwelling structure on the subject property, as proposed under Planning Case No. 2020-13, is hereby approved with the following conditions: The proposed single-family dwelling first floor -elevation shall be constructed no higher than the proposed first floor elevation of 937.3 feet as noted on the survey from Sathre-Bergquist, Inc., original date 05/29/2020 and last revised 06/24/2020. 2. The proposed dwelling shall be constructed in compliance with all applicable and other City Code and Minnesota State Building Codes. 3. The applicant shall obtain a revised and approved building permit prior to any resumption of excavation or construction on the new dwelling structure. Res. 2020-40 Page 2 of 4 4. All grading and construction activities as part of the proposed development shall 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. 5. Residential construction hours are 7:00 AM to 8:00 PM on weekdays, and 9:00 AM to 5:00 PM on weekends. These work hours shall be strictly adhered to by the Applicant/Owner and all contractors working on the property. 6. Approval of the conditional use permit is contingent upon City Council approval of the application and corresponding site plan. If the CUP is approved by the City Council, the Applicant shall obtain a revised building permit for construction of the proposed dwelling within one-year from said approval date. Adopted by the City Council of the City of Mendota Heights this 7th day of July, 2020 CITY COUNCIL CITY OF MENDOTA HEIGIITS " W c Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-40 Page 3 of 4 EXHIBIT A Property Address: 638 Ivy Falls Avenue, Mendota Heights, MN 55118 Legal Description: The East One Hundred and Ten Feet (110') of the West Six Hundred and Sixty Feet (660') of Lot Two of BAUER'S ACRE LOTS, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Dakota County, Minnesota. PID: 27-13350-00-025 [Torrens Property] UUN X That part of the North 80 feet of Lots 16 and 17, AUDITORS SUBDIVISION NO. 3, Mendota, lying between the East and West lines of the East 110 feet of the West 660 feet of Lot 2, BAUER'S ACRE LOTS, both lines extended Southerly, Dakota County, Minnesota. PID: 27-03800-17-050 [Abstract Property] Res. 2020-40 Page 4 of 4 Lorri Smith From:Simplifile - System Message <support@simplifile.com> Sent:Friday, February 12, 2021 10:13 AM To:Lorri Smith Subject:Notice of Rejected Package in Dakota County, MN: Res 2020-40 Conditional Use Permit 638 Ivy Fall Av February 12, 2021 | 9:12 a.m. (MT) Simplifile Notice of Rejected Package in Dakota County, MN: Res 2020-40 Conditional Use Permit 638 Ivy Fall Av Package: Res 2020-40 Conditional Use Permit 638 Ivy Fall Av County: Dakota County, MN Submitter: City of Mendota Heights Submitting User: Lorri Smith rejectingRecipient: MNC4WP To view this package, login to your Simplifile account and then paste the following URL into the address bar: https://simplifile.com/sf/ui/submitter/package/17C09B79-6A22-C366- 9CF1-EDAF2067E97F/details For more information, please call Dakota County, MN at (651) 438-4355 x5 or Simplifile Support at 800.460.5657 Rejection Reasons: Document _DB750970-8465-03DE-6ED2-6F0C8626FBC7 Other Rejection Reason: The applicant is no the current owner of the property. 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