Res 2022- 24 Wetlands Permit 790 Havenview Ct CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-24
RESOLUTION APPROVING A WETLANDS PERMIT
TO 790 HAVENVIEW COURT
(PLANNING CASE NO. 2022-03)
WHEREAS, Mybra Design Group (the "Applicant") and acting on behalf of Peter and
Teresa Molinaro (the "Owners") are requesting a Wetlands Permit as presented under Planning
Case No. 2022-03, and for the property located at 790 Havenview Court(the"Subject Property"),
as described in attached Exhibit-A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, and situated in the R-1 One Family Residential District; 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 feet (100') of a wetland or
water resource-related area in the city requires a wetlands permit; and
WHEREAS, the Owners request approval to improve their back-yard area with new in-
ground swimming pool, patio deck, retaining walls and landscaping on the Subject Property, and
restore the disturbed areas based on the landscaping replacement plan designed and provided by
the Applicant; and
WHEREAS, on March 22,2022 the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (6-
0 vote)to recommend approval of the Wetlands Permit 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 as
presented under Planning Case No. 2022-03, and for the property located at 790 Havenview Court,
and to Peter and Teresa Molinaro 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 meets a
number of goals and policies established under the Natural Resources chapter of the
2040 Comprehensive Plan:.
B. All new work will have little,if any impacts to the pond,or the existing on-site drainage
or drainage from surrounding properties.
C. Owner/Applicant will provide additional and suitable wetland protective vegetation
and plantings along the edge of the pond,which will help to reduce any impacts caused
by stormwater run-off from the rear yard areas, and help reduce any soil and
contaminant runoff.
D. This property will provide adequate erosion control measures throughout the duration
of the project and until all areas of the property have been fully planted and restored,
which will ensure protection and lessen any runoff impacts to the adjacent pond during
and after construction.
L. The pool project and work contemplated under this wetlands permit shall be done in
accordance with the rules and standards of the City's Land Disturbance Guidance
document; and will be closely monitored by city staff to ensure compliance with all
Building Codes and related City Codes.
BE IT FURTHER RESOLVED,by the Mendota Heights City Council that the Wetlands
Permit for the property located at 790 Havenview Court, and to Peter and Teresa Molinaro, is
hereby approved with the following conditions:
I. All work and improvements noted on the plans appended to this Planning Report for
Case No.2022-03 shall be the only approved work allowed under this Wetlands Permit.
If additional construction work in areas up to 100-feet from pond edge is needed,
excluding the planting of trees and 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 cty's Natural Resources Coordinator.
2. 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.
3. 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.
4. Any draining or back-flushing of water from pool shall be directed onto the Subject
Property only, and shall not drain directly into the adjacent pond. Any drainage onto
public streets or other public drainage ways shall require permission of the Public
Works Director.
5. The Owners shall provide and maintain a 15' ---- 20' wide vegetative buffer (no
disturbance) from the pond edge and the drainage and utility easement line, with said
buffer planted with a MnDOT Seed Mix List #33-261 or other plantings approved by
the city's Natural resources Coordinator.
6. The proposed fence shall be placed up to or outside the drainage and utility easement
line.
7. Any new excavating, grading and/or 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. full erosion/sedimentation
measures shall be installed prior to commencement of work and maintained throughout
the duration of the construction project
Mendota Heights Res.2022-24 Page 2 of 4
8. Prior to the release of any escrow payment,all disturbed areas in and around the project
site, including the buffer area, shall be restored and have an established, protected and
permanent ground cover immediately after the pool project is completed.
9. A building permit must be approved prior to the commencement of any construction
work on the swimming pool or related landscaping work. Construction work shall
occur only between the hours of 7.00 am and 8:00 pnr weekdays; and 9:00 am to 5:00
pm weekends.
10. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the
course of construction on the subject property.
11. Best efforts will be made by the homeowners to buffer any discharge of pool water away
from the wetland/pond.
Adopted by the City Council of the City of Mendota Heights this 5th day of April, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine,Mayor
ATTEST:
Lorri Smith, City Clerk
Mendota Heights Res. 2022-24 Page 3 of 4
EXHIBIT-A
Address: 790 Havenview Court, Mendota Heights,MN 55120
PID No. 27-15152-02-030
Legal Description: Lot 3, Block 2, Bridgeview Shores Yd Addition, Dakota County,
Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5511
Mendota Heights Res.2022-24 Page 4 of 4
Receipt:# 844843
RES $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 84604
11
11
1
1
3540720
1
1
11
11
1
1
11
Reco ded on: 5/20 2022 2 56 PM
By: ADS, 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, Nancy Bauer, being the duly appointed Deputy City Clerk of the City of Mendota Heights,
do hereby certify that the attached Resolution 2022-24 Approving a Wetlands Permit to
790 Havenview Court is an exact copy of the resolution on file in my office adopted by the
Mendota Heights City Council on April 5, 2022.
Signed and sealed by my hand on this 19th day of May 2022.
)01441 i i6ctiv,e/D
Nancy Bauer, Deputy City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-24
RESOLUTION APPROVING A WETLANDS PERMIT
TO 790 HAVENVIEW COURT
(PLANNING CASE NO. 2022-03)
WHEREAS, Myhra Design Group (the "Applicant") and acting on behalf of Peter and
Teresa Molinaro (the "Owners") are requesting a Wetlands Permit as presented under Planning
Case No. 2022-03, and for the property located at 790 Havenview Court (the "Subject Property"),
as described in attached Exhibit -A; and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2040
Comprehensive Plan, and situated in the R-1 One Family Residential District; 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 feet (100') of a wetland or
water resource -related area in the city requires a wetlands peiuiit; and
WHEREAS, the Owners request approval to improve their back -yard area with new in -
ground swimming pool, patio deck, retaining walls and landscaping on the Subject Property, and
restore the disturbed areas based on the landscaping replacement plan designed and provided by
the Applicant; and
WHEREAS, on March 22, 2022 the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (6-
0 vote) to recommend approval of the Wetlands Permit 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 as
presented under Planning Case No. 2022-03, and for the property located at 790 Havenview Court,
and to Peter and Teresa Molinaro 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 meets a
number of goals and policies established under the Natural Resources chapter of the
2040 Comprehensive Plan.
B. All new work will have little, if any impacts to the pond, or the existing on-site drainage
or drainage from surrounding properties.
C. Owner/Applicant will provide additional and suitable wetland protective vegetation
and plantings along the edge of the pond, which will help to reduce any impacts caused
by stormwater run-off from the rear yard areas, and help reduce any soil and
contaminant runoff.
D. This property will provide adequate erosion control measures throughout the duration
of the project and until all areas of the property have been fully planted and restored,
which will ensure protection and lessen any runoff impacts to the adjacent pond during
and after construction.
E. The pool project and work contemplated under this wetlands permit shall be done in
accordance with the rules and standards of the City's Land Disturbance Guidance
document; and will be closely monitored by city staff to ensure compliance with all
Building Codes and related City Codes.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Wetlands
Permit for the property located at 790 Havenview Court, and to Peter and Teresa Molinaro, is
hereby approved with the following conditions:
1. All work and improvements noted on the plans appended to this Planning Report for
Case No. 2022-03 shall be the only approved work allowed under this Wetlands Peiinit.
If additional construction work in areas up to 100 -feet from pond edge is needed,
excluding the planting of trees and 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 Coordinator.
2. 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.
3. 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.
4. Any draining or back-flushing of water from pool shall be directed onto the Subject
Property only, and shall not drain directly into the adjacent pond. Any drainage onto
public streets or other public drainage ways shall require permission of the Public
Works Director.
5. The Owners shall provide and maintain a 15' ---- 20' wide vegetative buffer (no
disturbance) from the pond edge and the drainage and utility easement line, with said
buffer planted with a MnDOT Seed Mix List #33-261 or other plantings approved by
the city's Natural resources Coordinator.
6. The proposed fence shall be placed up to or outside the drainage and utility easement
line.
7. Any new excavating, grading and/or 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. Full erosion/sedimentation
measures shall be installed prior to commencement of work and maintained throughout
the duration of the construction project
Mendota Heights Res. 2022-24 Page 2 of 4
8. Prior to the release of any escrow payment, all disturbed areas in and around the project
site, including the buffer area, shall be restored and have an established, protected and
permanent ground cover immediately after the pool project is completed.
9. A building permit must be approved prior to the commencement of any construction
work on the swimming pool or related landscaping work. Construction work shall
occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00
pm weekends.
10. Best efforts will be made by the contractor(s) to "come clean, leave clean" during the
course of construction on the subject property.
11. Best efforts will be made by the homeowners to buffer any discharge of pool water away
from the wetland/pond.
Adopted by the City Council of the City of Mendota Heights this 5th day of April, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
)ffl4
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Mendota Heights Res. 2022-24 Page 3 of 4
EXHIBIT -A
Address: 790 I Iavenview Court, Mendota Heights, MN 55120
PID No. 27-15152-02-030
Legal Description: Lot 3, Block 2, Bridgeview Shores 3`d Addition, Dakota County,
Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5511
Mendota Heights Res. 2022-24 Page 4 of 4