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Res 2020- 54 Wetlands Permit 781 Pondhaven LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-54 RESOLUTION APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 781 PONDHAVEN LANE (PLANNING CASE NO. 2020-18) WHEREAS, John and Lisa Steveken, (as "Applicant") applied for a Wetlands Permit as presented under Planning Case No. 2020-18, for the property located at 781 Pondhaven Lane (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/pond feature; and WHEREAS, the Applicant seek permission to construct and install a new in -ground swimming pool with deck and fence 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 August 25, 2020 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 (7-0 vote) to approve the Wetlands Permit as presented under Planning Case No. 2020-18, 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 requested for the property located at 781 Pondhaven Lane 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 re-establishment of the wetland buffer will provide adequate safeguards for storm water, soil erosion and contaminant leeching into the adjacent pond/wetland. C. The placement of the new fence inside the 25 -foot wetland buffer area will have minimal impacts to the adjacent pond/wetland and vegetative cover. 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 for the property located at 781 Pondhaven Lane, is hereby approved with the following conditions: 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. The new fence must be a minimum of 5 -ft. in height and fully installed and inspected prior to using the swimming pool. 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 the pool shall be directed onto the owner's property only, and shall not drain directly into the pond/wetland systems. Any drainage onto public streets or other public drainage ways shall require permission of the appropriate local city officials. 4. The Applicant/Owner shall replant and re -vegetate the 25 -foot wetland buffer area with plantings and materials as per the direction of the city's Natural Resources Technician. Any new excavating, grading and/or construction activity related to the new pol and fence work 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. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project Res 2020-54 Page 2 6. A building permit must be approved prior to the commencement of any construction work on this pool. 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. 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 pool project is completed. Adopted by the City Council of the City of Mendota Heights this 1" day of September, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS �q 0 JLa � Neil Garlock, Mayor ATTEST: 14 J Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2020-54 Page 3 EXHIBIT -A Legal Description PID# 27-15151-01-120 LOT 12, BLOCK 1, BRIDGEVIEW SHORES 2nd ADDITION, DAKOTA COUNTY, MINNESOTA Abstract Property