Res 2022- 25 Wetlands Permit 601 Pond View Dr CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-25
RESOLUTION APPROVING A WETLANDS PERMIT
TO 601 POND VIEW DRIVE
(PLANNING CASE NO. 2022-06)
WHEREAS, Ground One (the "Applicant") and acting on behalf of David and Jolene
Sylvester(the"Owners") are requesting a Wetlands Permit as presented under Planning Case No.
2022-06, and for the property located at 601 Pond View Drive (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 some
vegetation removal and clearing,re-landscaping with new plant materials and vegetation based on
the landscaping replacement plan designed and provided by the Applicant; installing a new
patio/seating area near the pond edge with walls and stairs; and two new patio surfaces near the
back-side of the dwelling with stone steppers; 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. 2022-06, and for the property located at 601 Pond View Drive,
and to David and Jolene Sylvester is hereby approved with the following findings-of-fact:
A. All tree and plants previously removed on this property were considered invasive
species, diseased or dying, and this removal and any other removals of vegetation
shall be limited to that reasonably required for the installation of new plantings and
grasses for an established wetland buffer area.
B. The proposed construction activities related to the new patio and landscape
improvements allowed under this Wetlands Permit, meet the general purpose and
intent of the City Code; and meet a number of goals and policies established under
the Natural Resources chapter of the 2040 Comprehensive Plan.
C. All new work will have little, if any impacts to the pond, any existing on-site
drainage or drainage from surrounding properties.
D. Owners have demonstrated a high desire for the protection and preservation of the
adjacent pond by agreeing to install native grass and plantings in a newly
established buffer area, a new raingarden feature and miscellaneous native and
wetland suitable plantings, all of which ensures storm water, soil and contaminant
runoff is reduced or minimized from the subject property
E. 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.
F. Any disturbed areas or vegetation removed as part of this back-yard landscaping
project will be replanted and restored prior to the completion of construction,which
will be monitored and inspected by city staff and assured by means of an escrow
payment to be held until the project is complete.
G. The new trees and vegetation to be planted as part of this project 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 601 Pond View Drive, and to David and Jolene Sylvester, is
hereby approved with the following conditions:
1. All work and improvements noted on the plans appended to this Planning Report
for Case No. 2022-06 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 city's Natural Resources
Coordinator.
2. The new patio, retaining walls, stairs, and paths, and landscaping installation,
restoration work and other related yard improvements with this permit shall comply
with all applicable standards and conditions noted under Title 12, Chapter 2
Wetlands Systems of City Code,
3. The Applicant/Owner shall not commence any construction, grading work or
additional removal or clearing of trees and vegetation near the pond until the City
of Mendota Heights has received the requested wetland delineation report, which
is to be reviewed by appropriate city staff and presented to and accepted by the City
Council at a later date.
Mendota Heights Res.2022-25 Page 2 of 4
4. Any removals, excavating, grading and/or construction activity related to the new
back yard improvements, including the patio,retaining walls, stairs, and paths, and
landscaping installation shall be in compliance with all applicable federal, state,
and local regulations and codes, as well as in compliance with the City's Land
Disturbance Guidance Document.
5. Full erosion/sedimentation measures shall be installed prior to commencement of
any construction, grading or installation work, and maintained throughout the
duration of the project. Double barriers shall be placed along the edge of the pond
for added protection.
b. Prior to the release of any escrow payment, all disturbed areas in and around the
project site shall be restored and have an established, protected and permanent
ground cover immediately after the back yard improvements have been installed or
completed.
7. Any site construction or removal shall occur only between the hours of 7:00 am
and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends.
8. Best efforts will be made by the contractor(s) to "come clean, leave clean" during
the course of construction on the Subject Property, and best efforts to ensure new
ground mulch is free of invasive jumping worms.
Adopted by the City Council of the City of Mendota Heights this 5th day of April, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stepha ie Levine, Mayor
ATTEST:
Cat.
Lorri Smith, City Clerk
Mendota Heights Res. 2022-25 Page 3 of 4
EXHIBIT-A
Address: 601 Pond View Drive, Mendota Heights, MN 55120
PID No. 27-18301-01-110
Legal Description: Lot 11, Block 1, Copperfield tad Addition, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5511
Mendota Heights Res. 2022-25 Page 4 of 4
Receipt:# 844851
RES $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 84604
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11
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3540741
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Reco ded on: 5/20 2022 3:45 PM
By: KMS, 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 2022-25 Approving a Wetlands Permit to
601 Pond View Drive 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 2022-25
RESOLUTION APPROVING A WETLANDS PERMIT
TO 601 POND VIEW DRIVE
(PLANNING CASE NO. 2022-06)
WHEREAS, Ground One (the "Applicant") and acting on behalf of David and Jolene
Sylvester (the "Owners") are requesting a Wetlands Permit as presented under Planning Case No.
2022-06, and for the property located at 601 Pond View Drive (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 some
vegetation removal and clearing, re -landscaping with new plant materials and vegetation based on
the landscaping replacement plan designed and provided by the Applicant; installing a new
patio/seating area near the pond edge with walls and stairs; and two new patio surfaces near the
back -side of the dwelling with stone steppers; 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. 2022-06, and for the property located at 601 Pond View Drive,
and to David and Jolene Sylvester is hereby approved with the following findings -of -fact:
A. All tree and plants previously removed on this property were considered invasive
species, diseased or dying, and this removal and any other removals of vegetation
shall be limited to that reasonably required for the installation of new plantings and
grasses for an established wetland buffer area.
B. The proposed construction activities related to the new patio and landscape
improvements allowed under this Wetlands Permit, meet the general purpose and
intent of the City Code; and meet a number of goals and policies established under
the Natural Resources chapter of the 2040 Comprehensive Plan.
C. All new work will have little, if any impacts to the pond, any existing on-site
drainage or drainage from surrounding properties.
D. Owners have demonstrated a high desire for the protection and preservation of the
adjacent pond by agreeing to install native grass and plantings in a newly
established buffer area, a new raingarden feature and miscellaneous native and
wetland suitable plantings, all of which ensures storm water, soil and contaminant
runoff is reduced or minimized from the subject property
E. 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.
F. Any disturbed areas or vegetation removed as part of this back -yard landscaping
project will be replanted and restored prior to the completion of construction, which
will be monitored and inspected by city staff and assured by means of an escrow
payment to be held until the project is complete.
G. The new trees and vegetation to be planted as part of this project 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 601 Pond View Drive, and to David and Jolene Sylvester, is
hereby approved with the following conditions:
1. All work and improvements noted on the plans appended to this Planning Report
for Case No. 2022-06 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 city's Natural Resources
Coordinator.
2. The new patio, retaining walls, stairs, and paths, and landscaping installation,
restoration work and other related yard improvements with this peunit shall comply
with all applicable standards and conditions noted under Title 12, Chapter 2
Wetlands Systems of City Code.
3. The Applicant/Owner shall not commence any construction, grading work or
additional removal or clearing of trees and vegetation near the pond until the City
of Mendota Heights has received the requested wetland delineation report, which
is to be reviewed by appropriate city staff and presented to and accepted by the City
Council at a later date.
Mendota Heights Res. 2022-25 Page 2 of 4
4. Any removals, excavating, grading and/or construction activity related to the new
back yard improvements, including the patio, retaining walls, stairs, and paths, and
landscaping installation shall be in compliance with all applicable federal, state,
and local regulations and codes, as well as in compliance with the City's Land
Disturbance Guidance Document.
5. Full erosion/sedimentation measures shall be installed prior to commencement of
any construction, grading or installation work, and maintained throughout the
duration of the project. Double barriers shall be placed along the edge of the pond
for added protection.
6. Prior to the release of any escrow payment, all disturbed areas in and around the
project site shall be restored and have an established, protected and permanent
ground cover immediately after the back yard improvements have been installed or
completed.
7. Any site construction or removal shall occur only between the hours of 7:00 am
and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends.
8. Best efforts will be made by the contractor(s) to "come clean, leave clean" during
the course of construction on the Subject Property, and best efforts to ensure new
ground mulch is free of invasive jumping worms.
Adopted by the City Council of the City of Mendota Heights this 5th day of April, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stepha ie Levine, Mayor
ATTEST:
CD—AA,
Lorri Smith, City Clerk
Mendota Heights Res. 2022-25
Page 3 of 4
EXHIBIT -A
Address: 601 Pond View Drive, Mendota Heights, MN 55120
PID No. 27-18301-01-110
Legal Description: Lot 11, Block 1, Copperfield 2nd Addition, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5511
Mendota Heights Res. 2022-25 Page 4 of 4