Res 2022- 08 Mississippi River Corridor CAP 796 Sibley Memorial Hwy CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-08
RESOLUTION APPROVING A MI,SSISSIPPI RIVER CORRIDOR
CRITICAL AREA(MRCCA) PERMIT FOR 796 SIBLEY MEMORIAL HIGHWAY
[PLANNING CASE NO. 2021-221
WHEREAS, Michael and Theresa Swiggum (the "Applicant/Owner")requests approval
of a Mississippi River Corridor Critical Area (MRCCA)Permit as proposed under Planning Case
No. 2021-22, and for the property located at 796 Sibley Memorial Highway, legally described in
attached Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, is located in the R-1 One Family Residential District, and 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, on December 28, 2021, the Mendota Heights Planning Commission
conducted a public hearing on the proposed MRCCA Permit application, and whereupon closing
the hearing, recommended favorably (5-2 vote) to approve the MRCCA Permit, which would
allow the Applicant to construct a new single-family dwelling in the city's MRCCA Overlay
District, with certain conditions and finding-of fact to support said approval.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the MRCCA Permit proposed under Planning Case No. 2021-22, 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 single family 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.
4. The overall construction of this proposed residential home will comply with all
standards and regulations of the Mississippi River Corridor Critical Area Overlay
District and 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 new
MRCCA Permit proposed under Planning Case No. 2021-22,which would allow the construction
of a new single-family dwelling in the city Mississippi River Corridor Critical Area Overlay
District, located at 796 Sibley Memorial Highway, 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. Any new tree or landscaping materials provided on this site must meet the city's list of
Native Plantings and Pollinator friendly trees and vegetation.
5. 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.
6. 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 18' day of January, 2022
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
S/Mp4hanievine,Mayor
ATTEST:
Lorri Smith, City Clerk
Res.2022-08 Page 2 of 3
EXHIBIT A
Property Address: 796 Sibley Memorial Highway,Mendota Heights, MN 55118
Property ID No.: 27-30700-00-050
Legal Description:
Lot 6, Block l; GOODRICH HAPPY HOLLOW ADDITION, Dakota County, Minnesota.
[Torrens Property]
Drafted by: City of Mendota Heights
I101 Victoria Curve
Mendota Heights,MN 55118
Res.2022-08 Page 3 of 3