Res 2021- 91 Approve Wetlands Permit for 2452 Pond Circle E CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-91
RESOLUTION APPROVING A WETLANDS PERMIT
FOR PROPERTY LOCATED AT 2452 POND CIRCLE EAST
(PLANNING CASE NO. 2021-18)
WHEREAS, Erik and Sarah Iverson ("Applicant") are seeking a Wetlands Permit as
presented under Planning Case No. 2021-18, and for the property located at 2452 Pond Circle East
(the "Subject Property"), legally described in attached Exhibit-A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, is situated in the R-I One Family Residential District, and is located adjacent
to an established wetland/pond feature; and
WHEREAS, the Applicant seek permission to install new rock boulder style retaining
walls, patios with fire-pit area, new trees and landscaping and drainage improvements in and
around the rear-yard 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 October 26, 2021 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 commission voted to table this item to a future meeting; and
WHEREAS,on November 10, 2021,the Planning Commission held a Special Meeting on
this item, allowed additional public comments, and upon concluding the discussions with the
Applicant, voted unanimously (7-0 vote) to recommend approval of the Wetlands Permit as
presented under Planning Case No. 2021-18, 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 2452 Pond Circle East is hereby approved with the following
findings of fact:
A. All tree and plants previously removed on this property were either considered invasive
species, diseased or dying, or removed due to safety reasons; and this removal and any
other removal of vegetation shall be limited to that reasonably required for the
placement of structures and the use of property,including but not limited to the outdoor
patios and fire-pit,retaining walls, steps, and walkways and new trees and landscaping;
B. All new work will have very little to no impacts to the adjacent wetland feature;
C. Owners will provide for the protection and preservation of the adjacent wetland/water
resource feature by installing silt fence and stormwater run-off protection measures as
per the City's Land Disturbance Guidelines and city staff direction;
D. Any disturbed areas of the protective and natural wetland buffer areas will be restored
and replanted with vegetation that ensures storm water, soil and contaminant runoff is
reduced or minimized from the subject property;
E. Owners are taking serious measures to avoid and minimize disturbances of the
vegetative buffer area and other surrounding areas, in order to protect and preserve the
natural pond environment, thereby minimizing and avoiding any impacts to wildlife
and aquatic organisms;
F. The disturbed areas or vegetation removed as part of this back-yard landscaping project
will be replanted in the disturbed areas after construction is completed; and
G. Any new trees or vegetation to be planted as part of this project will include native
species and varieties to Minnesota, along with pollinator encouraging vegetation, as
per the city's Pollinator Friendly Policy.
BE IT FURTHER RESOLVED,by the Mendota Heights City Council that the Wetlands
Permit for the property located at 2452 Pond Circle East, is hereby approved with the following
conditions:
1. Any new removals, excavating, grading and/or construction activity related to the new
back yard improvements, including the fire-pit patio, retaining walls, stairs, and paths,
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.
2. Full erosion/sedimentation measures shall be installed prior to commencement of work
and maintained throughout the duration of the construction project. A double-row silt
fence with suitable fabric material or other erosion measures approved by the city's
Public Works Department must be in place prior to the commencement of any new
construction or removals. Erosion barrier shall be placed along the outer edges of the
side yards, and the lower edge near the pond buffer.
3. The Applicant/Owner shall not remove any trees or vegetation, nor perform any
unnecessary grading or disturbance to the 25-ft. wetland buffer area.
4. If any additional construction work, or areas inside or beyond this buffer edge {from
the new back wall to the pond edge) need to be disturbed, except for the plantings of
new trees/vegetation,the Owner must contact city staff prior to commencing any work,
and repair and replant any disturbed areas with suitable plantings and materials per
direction of the city's Natural Resources Technician.
5. It is recommended that any new tree or landscaping material used under this approved
plan must meet the city's list of Native Plantings and Pollinator Friendly trees and
vegetation.
Res,No.2021-91 Page 2 of 4
6. It is recommended the Applicants consult with the city's Natural Resources Technician
on any plants or vegetation used to restore any open or disturbed areas in and around
the project site in order to provide an established and permanent ground cover after the
back yard improvements have been installed.
7. Any new site construction or removal shall occur only between the hours of TOO am
and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends.
Adopted by the City Council of the City of Mendota Heights this 16th day of November, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
/epDha e Levine, ayor
ATTEST:
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res.No.202I-91 Page 3 of 4
EXHIBIT-A
Legal Description
PID# 27-31800-04-100
LOT 10, BLOCK 4, HAMPSHIRE ESTATES, DAKOTA COUNTY, MINNESOTA
Abstract Property
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights,MN 5511
Res.No. 2021-91 Page 4 of 4
3521732
Receipt:# 827036
SUP $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 2/4/2022 10:23 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- 91 Approving a Wetlands Permit
for 2452 Pond Circle East 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 2021-91
RESOLUTION APPROVING A WETLANDS PERMIT
FOR PROPERTY LOCATED AT 2452 POND CIRCLE EAST
(PLANNING CASE NO.2021-18)
WHEREAS, Erik and Sarah Iverson ("Applicant") are seeking a Wetlands Permit as
presented under Planning Case No. 2021-18, and for the property located at 2452 Pond Circle East
(the "Subject Property"), legally described in attached Exhibit -A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, is situated in the R-I One Family Residential District, and is located adjacent
to an established wetland/pond feature; and
WHEREAS, the Applicant seek permission to install new rock boulder style retaining
walls, patios with fire -pit area, new trees and landscaping and drainage improvements in and
around the rear -yard 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 October 26, 2021 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 commission voted to table this item to a future meeting; and
WHEREAS, on November 10, 2021, the Planning Commission held a Special Meeting on
this item, allowed additional public comments, and upon concluding the discussions with the
Applicant, voted unanimously (7-0 vote) to recommend approval of the Wetlands Permit as
presented under Planning Case No. 2021-18, 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 2452 Pond Circle East is hereby approved with the following
findings of fact:
A. All tree and plants previously removed on this property were either considered invasive
species, diseased or dying, or removed due to safety reasons; and this removal and any
other removal of vegetation shall be limited to that reasonably required for the
placement of structures and the use of property, including but not limited to the outdoor
patios and fire -pit, retaining walls, steps, and walkways and new trees and landscaping;
B. All new work will have very little to no impacts to the adjacent wetland feature;
C. Owners will provide for the protection and preservation of the adjacent wetland/water
resource feature by installing silt fence and stormwater run-off protection measures as
per the City's Land Disturbance Guidelines and city staff direction;
D. Any disturbed areas of the protective and natural wetland buffer areas will be restored
and replanted with vegetation that ensures storm water, soil and contaminant runoff is
reduced or minimized from the subject property,.
E. Owners are taking serious measures to avoid and minimize disturbances of the
vegetative buffer area and other surrounding areas, in order to protect and preserve the
natural pond environment, thereby minimizing and avoiding any impacts to wildlife
and aquatic organisms;
F. The disturbed areas or vegetation removed as part of this back -yard landscaping project
will be replanted in the disturbed areas after construction is completed, and
G. Any new trees or vegetation to be planted as part of this project will include native
species and varieties to Minnesota, along with pollinator encouraging vegetation, as
per the city's Pollinator Friendly Policy.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands
Permit for the property located at 2452 Pond Circle East, is hereby approved with the following
conditions:
1. Any new removals, excavating, grading and/or constriction activity related to the new
back yard improvements, including the fire -pit patio, retaining walls, stairs, and paths,
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.
2. Full erosion/sedimentation measures shall be installed prior to commencement of work
and maintained throughout the duration of the construction project. A double -row silt
fence with suitable fabric material or other erosion measures approved by the city's
Public Works Department must be in place prior to the conunencement of any new
constriction or removals. Erosion barrier shall be placed along the outer edges of the
side yards, and the lower edge near the pond buffer.
The Applicant/Owner shall not remove any trees or vegetation, nor perform any
unuiecessary grading or disturbance to the 25-ft. wetland buffer area,
4. If any additional construction work, or areas inside or beyond this buffer edge (from
the new back wall to the pond edge) need to be disturbed, except for the plantings of
new trees/vegetation, the Owner must contact city staff prior to corninencing any work,
and repair and replant any disturbed areas with suitable plantings and materials per
direction of the city's Natural Resources Technician.
5. It is reconunended that any new tree or landscaping material used under this approved
plan must meet the city's list of Native Plantings and Pollinator Friendly trees and
vegetation.
Res, No. 2021-91 Page 2 of 4
6. It is recommended the Applicants consult with the city's Natural Resources Technician
on any plants or vegetation used to restore any open or disturbed areas in and around
the project site in order to provide an established and permanent ground cover after the
back yard improvements have been installed.
7. Any new site construction or removal shall occur only between the hours of TOO am
and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends.
Adopted by the City Council of the City of Mendota Heights this 16th day of November, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
/epDh/aeie evine, ayor
ATTEST:
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. No. 202I-91 Page 3 of 4
EXHIBIT -A
Legal Description
PID# 27-31800-04-100
LOT 10, BLOCK 4, HAMPSHIRE ESTATES, DAKOTA COUNTY, MINNESOTA
Abstract Property
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5511
Res. No. 2021-91 Page 4 of 4