Res 2022- 35 Wetlands Permit 791 Wentworth Ave CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-35
RESOLUTION APPROVING A WETLANDS PERMIT
FOR 791 WENTWORTH AVENUE
(PLANNING CASE NO. 2022-08)
WHEREAS, LDK Builders (the "Applicant" and "Owner") is requesting a Wetlands
Permit as presented under Planning Case No. 2022-08, and for the property located at 791
Wentworth Avenue (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 of this wetlands permit in order to construct a
new single-family dwelling, retaining wall and stormwater basin on the subject property; and
WHEREAS, on April 26, 2022 the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (5-
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. 2022-08, and for the property located at 791 Wentworth
Avenue, and to LDK Builders, is approved based on 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. Applicant will provide additional and suitable wetland protective vegetation
material to serve as an effective natural buffering along the adjacent creek, which
will help reduce any impacts caused by stormwater run-off from the 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 home and wall project 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 as presented under Planning Case No. 2022-08, and for the property located at 791
Wentworth Avenue, and to LDK Builders, is hereby approved with the following conditions:
1. All disturbed areas located adjacent to the creek channel and areas in and around
the bottom level of the new retaining wall, shall be seeded with MnDOT Seed Mix
List-933-261.
2. Prior to the release of any escrow payment or issuance of any certificate of
occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or
demonstrated that the new vegetative buffer seed mixture was successfully planted,
and plant growth has been established, taking place or is holding.
3. No additional grading or other land disturbance shall occur within twenty-five feet
(25') from the edge of the adjacent creek, except for the installation of erosion
control measures (if needed) or for the plantings of any new seed mixtures or
landscaping materials, and only with city approvals.
4. All new landscaping must comply with the Native and Pollinator Friendly Plantings
List of the city, and a recommendation the Applicants work with the cty's Natural
Resources Coordinator on any future landscape and plantings plan for the new
home.
5. Any grading and/or construction activity related to the development of this lot 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.
6. Full erosion/sedimentation measures shall be installed prior to commencement of
work and maintained throughout the duration of the construction project. Erosion
barriers shall be placed and maintained along the edge of the creek channel and
development site throughout the duration of the project, and remain in place until
all disturbed areas have been restored.
7. The new dwelling and retaining wall and any related construction work shall
comply with all other and applicable standards and conditions under Title 12,
Chapter 2 Wetlands Systems of City Code.
Mendota Heights Res. 2022-35 Page 2 of 4
8. A building permit must be approved prior to the commencement of any
construction work on the new residential dwelling or retaining wall. 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.
9. Best efforts will be made by the contractor(s) to "come clean, leave clean" during
the course of construction on the Subject Property, and ensure new ground mulch
is free of invasive species.
Adopted by the City Council of the City of Mendota Heights this 3rd day of May, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
St hani Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Mendota Heights Res. 2022-35 Page 3 of 4
EXHIBIT-A
Address: 791 Wentworth Avenue, Mendota Heights, MN 55118
PID No. 27-73651-01-040
Legal Description: Lot 4, Block 1, SWEENEY 2"d ADDITION, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5 511
Mendota Heights Res. .2022-35 Page 4 of 4
Receipt:# 844854
RES $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 84604
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Reco ded on: 5/20 2022 3:46 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 2022-35 Approving a Wetlands Permit to
791 Wentworth Avenue is an exact copy of the resolution on file in my office adopted by
the Mendota Heights City Council on May 3, 2022.
Signed and sealed by my hand on this 19th day of May 2022.
)014/1 i i6cw,e/D
Nancy Bauer, Deputy City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-35
RESOLUTION APPROVING A WETLANDS PERMIT
FOR 791 WENTWORTH AVENUE
(PLANNING CASE NO. 2022-08)
WHEREAS, LDK Builders (the "Applicant" and "Owner") is requesting a Wetlands
Permit as presented under Planning Case No. 2022-08, and for the property located at 791
Wentworth Avenue (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 of this wetlands permit in order to construct a
new single-family dwelling, retaining wall and stormwater basin on the subject property; and
WHEREAS, on April 26, 2022 the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and discussion, voted unanimously (5-
0 vote) to recommend approval of the Wetlands Peuiiit 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. 2022-08, and for the property located at 791 Wentworth
Avenue, and to LDK Builders, is approved based on 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. Applicant will provide additional and suitable wetland protective vegetation
material to serve as an effective natural buffering along the adjacent creek, which
will help reduce any impacts caused by stormwater run-off from the 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 home and wall project 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 as presented under Planning Case No. 2022-08, and for the property located at 791
Wentworth Avenue, and to LDK Builders, is hereby approved with the following conditions:
1 All disturbed areas located adjacent to the creek channel and areas in and around
the bottom level of the new retaining wall, shall be seeded with MnDOT Seed Mix
List #33-261.
2. Prior to the release of any escrow payment or issuance of any certificate of
occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or
demonstrated that the new vegetative buffer seed mixture was successfully planted,
and plant growth has been established, taking place or is holding.
3. No additional grading or other land disturbance shall occur within twenty-five feet
(25') from the edge of the adjacent creek, except for the installation of erosion
control measures (if needed) or for the plantings of any new seed mixtures or
landscaping materials, and only with city approvals.
4. All new landscaping must comply with the Native and Pollinator Friendly Plantings
List of the city, and a recommendation the Applicants work with the city's Natural
Resources Coordinator on any future landscape and plantings plan for the new
home.
5. Any grading and/or construction activity related to the development of this lot 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.
6. Full erosion/sedimentation measures shall be installed prior to commencement of
work and maintained throughout the duration of the construction project. Erosion
barriers shall be placed and maintained along the edge of the creek channel and
development site throughout the duration of the project, and remain in place until
all disturbed areas have been restored.
7. The new dwelling and retaining wall and any related construction work shall
comply with all other and applicable standards and conditions under Title 12,
Chapter 2 Wetlands Systems of City Code.
Mendota Heights Res. 2022-35 Page 2 of 4
8. A building permit must be approved prior to the commencement of any
construction work on the new residential dwelling or retaining wall. 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.
9. Best efforts will be made by the contractor(s) to "come clean, leave clean" during
the course of construction on the Subject Property, and ensure new ground mulch
is free of invasive species.
Adopted by the City Council of the City of Mendota Heights this 3rd day of May, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
"de e k
S#eih"ani¢ Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Mendota Heights Res. 2022-35 Page 3 of 4
EXHIBIT -A
Address: 791 Wentworth Avenue, Mendota Heights, MN 55118
PID No. 27-73651-01-040
Legal Description: Lot 4, Block 1, SWEENEY 211d ADDITION, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5 511
Mendota Heights Res. 2022-35 Page 4 of 4