Res 2020- 46 CAP and CUP 1217 Victoria CurveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-46
RESOLUTION APPROVING A CRITICAL AREA PERMIT
AND CONDITIONAL USE PERMIT
FOR 1217 VICTORIA CURVE
[PLANNING CASE NO. 2020-141
WHEREAS, Tempo Homes (the "Applicant') and acting on behalf of Vinh Tracing (the
"Owner") requests approval of a critical area permit (CAP) and conditional use permit (CUP) as
proposed under Planning Case No. 2020-14, for the property located at 1217 Victoria Curve and
legally described in 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, pursuant to Title 12-3-1 of the City Code (Critical Area Overlay District), a
critical area permit is required 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, pursuant to City Code Title 12 -ID -3, Subpart C., any attached private garage
in a residential zone more than one thousand two hundred (1,200) and up to one thousand five
hundred (1,500) square feet is allowed via a conditional use permit, and the Applicant/Owner is
requesting to construct a 1,480 -sq. ft. attached garage; and
WHEREAS, on July 28, 2020, the Mendota Heights Planning Commission conducted a
public hearing on the proposed CAP and CUP applications, and whereupon closing the hearing,
recommended unanimously (5-0 vote) to approve both the critical area permit and conditional use
permit, which would allow the allow the Applicant to construct a new single-family dwelling in
the Critical Area Overlay District, which includes an attached garage up to 1,480-sf in area, with
certain conditions and specific findings of fact to support said approval; and
WHEREAS, on September 22, 2020, the Mendota Heights Planning Commission
conducted a follow-up public hearing on a revised site plan submitted by the Applicant to the
original CAP and CUP applications, and whereupon closing that second hearing, recommended
unanimously (7-0 vote) to approve the amended site and grading plan for the Critical Area Permit
and Conditional Use Permit, which would allow the Applicant to construct a new single-family
dwelling in the Critical Area Overlay District with an attached garage up to 1,480-sf in area, with
certain conditions and specific findings of fact to support said approval, and
WHEREAS, on October 7, 2020, the Mendota Heights City Council conducted a separate
public hearing on this matter, and whereupon closing that hearing, hereby declared that the Critical
Area Permit and Conditional Use Permit proposed under Planning Case No. 2020-14 may be
approved, based on the following findings of fact:
A. The proposed single-family dwelling project meets the general 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 oversized garage requested under this application can be considered
a reasonable request, and will be compliant with the conditions included in the City
Zoning Code that allow such structures by means of a conditional use permit.
D. The proposed single family dwelling with over -sized garage 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.
E. The overall construction of this proposed residential home with over -sized garage
will comply with all standards and regulations of the Zoning Ordinance and other
applicable ordinances; represents reinvestment in a residential neighborhood that is
consistent with the Comprehensive Plan's goals for residential land uses; fits well
with the current developed character of the neighborhood; and will be a nice
addition to the neighborhood.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the Critical Area Permit and Conditional Use Permit proposed under Planning Case No. 2020-14,
which would allow the construction of a new single-family dwelling in the Critical Area Overlay
District with an attached garage 1,480-sf. in area, is hereby approved withthe 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.
Res. 2020-46 Page 2 of 4
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. A complete and detailed landscaping plan must be submitted to the City for review
and approval as part of any new building permit process. The Applicant agrees to
replant one new tree (minimum 2.5" caliper size for deciduous and 6' -ft. for
evergreens) for each significant tree removed from the site for this home project.
As per the city's Pollinator Friendly Policy, all new trees and landscaping shall
meet the city's Native Plant List.
All work on site will only be performed between the hours of 7:00 AM to 8:00 PM
Monday through Friday; 9:00 AM to 5:00 PM weekends.
6. 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 October, 2020
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res, 2020-46 Page 3 of 4
Property Address: 1217 Victoria Curve Mendota Heights, MN 55118
Property ID No.: 27-15600-00-022
Legal Description:
Lot 2, BURNS HEIGHTS, except the North one-third (1/3) thereof, Dakota County, Minnesota
[Torrens Property]
Res. 2020-46 Page 4 of 4
Receipt:# 741788 837865
COND $46.00 IIIII IIIII I1111 IIIII
Return to:
SIMPLIFILE
5072 NORTH 300 w Recorded on: 2/16/2021 8:34 AM
By: CAC, Deputy
PROVO UT84604 Cert # 178463
Office of the Registrar of Titles
Dakota County, Minnesota
Amy A. Koethe, Registrar of Titles
Certification Page
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 certifV that the attached Resolution is an exact cope of the resolution on file in my
office adopted by the Mendota Heights Cite Council.
Signed and sealed by my hand on this 27" day of January. 2021.
Lorri Smith. City_ Clerk
(SEAL)
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-46
RESOLUTION APPROVING A CRITICAL AREA PERMIT
AND CONDITIONAL USE PERMIT
FOR 1217 VICTORIA CURVE
[PLANNING CASE NO.2020-141
WHEREAS, Tempo Homes (the "Applicant") and acting on behalf of Vinh Truong (the
"Owner") requests approval of a critical area permit (CAP) and conditional use permit (CUP) as
proposed under Planning Case No. 2020-14, for the property located at 1217 Victoria Curve and
legally described in 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, pursuant to Title 12-3-1 of the City Code (Critical Area Overlay District), a
critical area permit is required 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, pursuant to City Code Title 12-1D-3, Subpart C., any attached private garage
in a residential zone more than one thousand two hundred (1,200) and up to one thousand five
hundred (1,500) square feet is allowed via a conditional use permit, and the Applicant/Owner is
requesting to construct a 1,480-sq, ft. attached garage; and
WHEREAS, on July 28, 2020, the Mendota Heights Planning Commission conducted a
public hearing on the proposed CAP and CUP applications, and whereupon closing the hearing,
recommended unanimously (5-0 vote) to approve both the critical area permit and conditional use
permit, which would allow the allow the Applicant to construct a new single-family dwelling in
the Critical Area Overlay District, which includes an attached garage up to 1,480-sf in area, with
certain conditions and specific findings of fact to support said approval; and
WHEREAS, on September 22, 2020, the Mendota Heights Planning Commission
conducted a follow-up public hearing on a revised site plan submitted by the Applicant to the
original CAP and CUP applications, and whereupon closing that second hearing, recommended
unanimously (7-0 vote) to approve the amended site and grading plan for the Critical Area Permit
and Conditional Use Permit, which would allow the Applicant to construct a new single-family
dwelling in the Critical Area Overlay District with an attached garage up to 1,480-sf in area, with
certain conditions and specific findings of fact to support said approval, and
WHEREAS, on October 7, 2020, the Mendota Heights City Council conducted a separate
public hearing on this matter, and whereupon closing that hearing, hereby declared that the Critical
Area Permit and Conditional Use Permit proposed under Planning Case No. 2020-14 may be
approved, based on the following findings of fact:
A. The proposed single-family dwelling project meets the general 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 oversized garage requested under this application can be considered
a reasonable request, and will be compliant with the conditions included in the City
Zoning Code that allow such structures by means of a conditional use permit.
D. The proposed single family dwelling with over -sized garage 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.
E. The overall construction of this proposed residential home with oversized garage
will comply with all standards and regulations of the Zoning Ordinance and other
applicable ordinances; represents reinvestment in a residential neighborhood that is
consistent with the Comprehensive Plan's goals for residential land uses; fits well
with the current developed character of the neighborhood; and will be a nice
addition to the neighborhood.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the Critical Area Permit and Conditional Use Permit proposed under Planning Case No. 2020-14,
which would allow the construction of a new single-family dwelling in the Critical Area Overlay
District with an attached garage 1,480-sf in area, 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.
Res. 2020-46 Page 2 of 4
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. A complete and detailed landscaping plan must be submitted to the City for review
and approval as part of any new building permit process. The Applicant agrees to
replant one new tree (minimum 25' caliper size for deciduous and 6'-ft. for
evergreens) for each significant tree removed from the site for this home project.
As per the city's Pollinator Friendly Policy, all new trees and landscaping shall
meet the city's Native Plant List.
5. All work on site will only be performed between the hours of 7:00 AM to 8:00 PM
Monday through Friday; 9:00 AM to 5:00 PM weekends.
6. 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 October, 2020
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
V,�Vu - I
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res, 2020-46 Page 3 of 4
Property Address: 1217 Victoria Curve Mendota Heights, MN 55118
Property ID No.: 27-15600-00-022
Legal Description:
Lot 2, BURNS HEIGHTS, except the North one-third (113) thereof, Dakota County, Minnesota
[Torrens Property]
Res. 2020-46 Page 4 of 4