Res 2021- 87 CAP and CUP 1125 Orchard Circle CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,MINNESOTA
RESOLUTION 2021-87
RESOLUTION APPROVING A CRITICAL AREA (MRCCA) PERMIT
AND CONDITIONAL USE PERMIT FOR 1125 ORCHARD CIRCLE
[PLANNING CASE NO. 2021-201
WHEREAS, Stephen and Michelle McHale(the"Applicant/Owner")requests approval of
a critical area permit (CAP) and conditional use permit (CUP) as proposed under Planning Case
No. 2021-20, and for the property located at 1125 Orchard Circle, legally described in attached
Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, is Iocated in the R-1 One Family Residential District, and is situated in the
Mississippi River Corridor Critical Area Overlay District; and
WHEREAS,pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area
Overlay District, a critical area (MRCCA) 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 Mississippi River Corridor Critical Area Overlay District standards; and
WHEREAS,pursuant to City Code Title 12-1 D-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 1,444 sq. ft. attached garage; and
WHEREAS, on October 26, 2021 the Mendota Heights Planning Commission conducted
a public hearing on the proposed critical area permit and conditional use applications, and
whereupon closing the hearing, recommended unanimously (7-0 vote)to approve the critical area
permit and conditional use permit, which would allow the Applicant to construct a new single-
family dwelling in the MRCCA Overlay District, along with an attached garage up to 1,444-sf. in
area, with certain conditions and specific finding-of-fact to support said approval.
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. 2021-20,
may be approved, based on the following findings of fact:
1. The proposed single-family dwelling project meets the general purpose and intent of the
new Mississippi River Corridor Critical Area(MRCCA) Overlay District.
2. The proposed work and disturbance to construct this new single-family dwelling is deemed
minimal, reasonable and within the spirit and intent of the MRCCA Overlay District.
3. 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.
4. 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.
5. 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.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the Critical
Area Permit and Conditional Use Permit proposed under Planning Case No. 2021-20 which would
allow the construction of a new single-family dwelling in the Critical Area Overlay District with
an attached garage 1,444-s£ in area, 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. pull 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 dwelling project is completed.
Adopted by the City Council of the City of Mendota Heights this 3rd day of November, 2021
ATTEST: CITY COUNCIL
CITY O MENDOTA HEIGHTS
nC�� v
. .....
Lorri Smith, City Clerk Stephanie Levine,Mayor
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights,MN 55118
Res.2021-87 Page 2 of 3
EXHIBIT A
Property Address: 1125 Orchard Circle, Mendota Heights, MN 55118
Property ID No.: 27-81275-02-061
Legal Description:
Lot 6, Block 2; along with the West Thirty-two feet (32') of Lot 5, Block 2, VALS ADDITION,
Dakota County, Minnesota
[Abstract Property]
Res. 2021-87 Page 3 of 3
3521730
Receipt:# 827034
COND $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 2/4/2022 10:20 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
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 2021- 87 Approving a Critical Area
Permit and a Conditional Use Permit for 1125 Orchard Circle 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 1st day of February, 2022.
Lorri Smith City Clerk
(SEAL)
3:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-87
RESOLUTION APPROVING A CRITICAL AREA (MRCCA) PERMIT
AND CONDITIONAL USE PERMIT FOR 1125 ORCHARD CIRCLE
[PLANNING CASE NO.2021-201
WHEREAS, Stephen and Michelle McHale (the "Applicant/Owner") requests approval of
a critical area permit (CAP) and conditional use permit (CUP) as proposed under Planning Case
No. 2021-20, and for the property located at 1125 Orchard Circle, legally described in attached
Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, is Iocated in the R-1 One Family Residential District, and is situated in the
Mississippi River Corridor Critical Area Overlay District; and
WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area
Overlay District, a critical area (MRCCA) 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 Mississippi River Corridor Critical Area Overlay District standards; and
WHEREAS, pursuant to City Code Title 12-1 D-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 1,444 sq. ft. attached garage; and
WHEREAS, on October 26, 2021 the Mendota Heights Planning Commission conducted
a public hearing on the proposed critical area permit and conditional use applications, and
whereupon closing the hearing, recommended unanimously (7-0 vote) to approve the critical area
permit and conditional use permit, which would allow the Applicant to construct a new single-
family dwelling in the MRCCA Overlay District, along with an attached garage up to 1,444-sf. in
area, with certain conditions and specific finding -of -fact to support said approval.
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. 2021-20,
may be approved, based on the following findings of fact:
1. The proposed single-family dwelling project meets the general purpose and intent of the
new Mississippi River Corridor Critical Area (MRCCA) Overlay District.
2. The proposed work and disturbance to construct this new single-family dwelling is deemed
minimal, reasonable and within the spirit and intent of the MRCCA Overlay District.
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.
4. 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.
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 reinvesturent 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.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the Critical
Area Permit and Conditional Use Permit proposed under Planning Case No. 2021-20 which would
allow the construction of a new single-family dwelling in the Critical Area Overlay District with
an attached garage 1,444-sf. in area, 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 5:00 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 dwelling project is completed,
Adopted by the City Council of the City of Mendota Heights this 3rd day of November, 2021
ATTEST:
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
CITY COUNCIL
CITY O ViENDOTA HEIGHTS
Stephanie Levine, Mayor
Res. 2021-87 Page 2 of 3
EXHIBIT A
Property Address: 1125 Orchard Circle, Mendota Heights, MN 55118
Property ID No.: 27-81275-02-061
Legal Description:
Lot 6, Block 2; along with the West Thirty-two feet (32') of Lot 5, Block 2, VALS ADDITION,
Dakota County, Minnesota
[Abstract Property]
Res. 2021-87 Page 3 of 3