Res 2022- 51 Approving MRCCA Permit 1903 Hunter Lane PC 2022-11Receipt:# 853092 864188
RES $46.00 1111111111 II111
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5072 NORTH 300 w Recorded on: 7/14/2022 10:58 AM
By: CAC, Deputy
PROVO UT84604 Cert # 177732
Office of the Registrar of Titles
Dakota County, Minnesota
Amy A. Koethe, Registrar of Titles
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Christine Lusian, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2022-51 RESOLUTION APPROVING A
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO
ELIZABETH AND CALEB JOHNSON AND FOR THE PROPERTY LOCATED AT
1903 HUNTER LANE PLANNING CASE NO. 2022-11 is an exact copy of the resolution
on file in my office adopted by the Mendota Heights City Council on July 5, 2022.
Signed and sealed by my hand on this 12 day of July 2022.
Christin�eLUus 1 a nCity Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-51
RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR
CRITICAL AREA (MRCCA) PERMIT TO ELIZABETH AND CALEB JOHNSON
AND FOR THE PROPERTY LOCATED AT 1903 HUNTER LANE
[PLANNING CASE NO. 2022-111
WHEREAS, Elizabeth and Caleb Johnson (the "Applicant") applied for a Mississippi
River Corridor Critical Area (MRCCA) permit under Planning Application No. 2022-11, which
would allow the installation of a new in -ground swimming pool and landscape improvements on
their property, located at 1903 Hunter Lane, and legally described in Exhibit A (the "Subject
Property"); and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan, zoned R-1 One Family Residential, and is situated in the SR -Separated by
River district within 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 permit is required to approve any new development activities involving a
building permit, land disturbance, vegetation removal, or special zoning approval; and
WHEREAS, on June 28, 2022, the Mendota Heights Planning Commission conducted a
public hearing on the proposed MRCCA Permit application, and whereupon closing the hearing,
recommended unanimously (7-0 vote) to approve the MRCCA Permit to the Applicant, which
would allow the installation and construction of a new in -ground swimming pool on the Subject
Property, 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. 2022-11 may be approved, based on the
following findings of fact:
The proposed swimming pool project meets the general purpose, standards and
regulations provided for an under the Mississippi River Corridor Critical Area
(MRCCA) Overlay District and ordinances.
2. The proposed work and disturbance to construct this new swimming pool is deemed
minimal, reasonable and within the spirit and intent of the MRCCA Overlay
District.
3. The proposed swimming pool as proposed under this application can be considered
a reasonable request and improvement to a typical single family residential use in
the city's R-1 One Family Residential District, and represents a valuable
reinvestment in a residential neighborhood, which is consistent with the
Comprehensive Plan's goals for residential land uses; and fits well with the current
developed character of the neighborhood.
4. The proposed swimming pool 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.
The overall construction of this proposed swimming pool will comply with all
standards and regulations of the City Code of Ordinances, including Chapter 9
Building Regulations (Sect. 9-2-1: Swimming Pools) and CH. 12 Zoning, and other
applicable ordinances.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the MRCCA
Permit requested by the Applicant and proposed under Planning Case No. 2022-09, which would
allow the necessary site improvements and safety upgrades on the Subject Property, is hereby
approved with the following conditions:
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.
2. Best efforts will be made by the Applicant's contractor(s) to "come clean, leave
clean" during the course of any construction work performed on the Subject
Property in order to prevent the spread or contamination of invasive species to and
from the property.
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. Full erosion and sedimentation prevention
measures will be put in place prior to and during grading and construction work
activities.
4. The pool area shall be enclosed with fencing, which shall be at least five feet (5'),
but not exceeding six feet (6) in height to prevent uncontrolled access to the pool
area. Said fence must have self -closing and self -latching gates with provisions for
locking, and shall be completely installed prior to the filling of the pool and prior
to the issuance of any C.O. or final inspection by the city.
Any new lighting for the pool must include down-cast/cut-off features that prevent
glare or light spill -over, and all new lights must be directed down or towards the
pool area only and away from any neighboring properties.
6. Any draining or back -flushing of water from pool shall be directed onto the Subject
Property only. Any drainage onto public streets or other public drainage ways shall
require permission of the Public Works Director.
Res. 2022-51 Page 2 of 4
7. All new trees and vegetation, including ground cover for restoring disturbed areas
on the subject site, shall conform to the Landscape Plan - Exhibit D as presented,
reviewed and approved under this 1VIRCCA Permit application.
8. 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 pool project is completed.
Adopted by the City Council of the City of Mendota Heights this 5' day of July, 2022
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie evine, Mayor
ATTEST:
Stine L si , City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MNi 55118
Res, 2022-51 Page 3 of 4
EXHIBIT A
PROPERTY ADDRESS: 1903 Hunter Lane, Mendota Heights MN 55118
PID: 27-77700-01-030
LEGAL: Lot 3, Block 1, TUMINELLY'S HUNTER LANE ADDITION, Dakota County,
Minnesota.
Torrens Property: Certificate No. 177732, dated 02/11/2020
Res. 2022-51 Page 4 of 4