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Res 2023-35 Play Area 1588 Victoria Rd SCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-35 RESOLUTION APPROVING AN ADMINISTRATIVE MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) MINOR DEVELOPMENT PERMIT FOR PROPERTY LOCATED AT 1588 VICTORIA RD S (PLANNING CASE NO.2023-08) WHEREAS, Gayle Johnson on behalf of the Childrens Country Day School ("Applicant) in coordination with Ron Ettinger ("Owner") applied for an Administrative Mississippi River Corridor Critical Area (MRCCA) Minor Development Permit to demolish an existing pool, spa and associated improvements and to replace such improvements with a new outdoor play area and improvements as proposed under Planning Case No. 2023-08, at the property located at 1588 Victoria Road S., legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is located within the Mississippi River Corridor Critical Area Overlay District of the City of Mendota Heights, and the proposed project qualifies as a Minor Development under Title 12-3-12, Subpart D of the City Code provisions for those properties situated in the recognized MRCCA District; and WHEREAS, the proposed project is compliant with the required conditions for exemption from Planning Commission review and a public hearing, and can be considered and acted on directly by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit for property located at 1588 Victoria Road S. and proposed under Planning Case No. 2023-08, is hereby approved and supported by the following finding -of -facts: A) The project qualifies as a minor development and consideration under the Administrative MRCCA Permit standards including in -kind replacement of certain improvements; and B) The proposed project poses no threat to the general health, safety and welfare of the public, or creates any negative impacts upon the MRCCA area, adjacent bluffs, bluff impact zones (BIZ's), Primary Conservation Areas (PCA's) or surrounding properties; and C) The proposed demolition and replacement improvements will improve drainage on the site positively impacting adjacent property; and D) The proposed project will be done in accordance with all requirements of the City's Land Disturbance Guidelines, and E) The proposed project meets the general purpose and intent of the Mississippi River Corridor Critical Area Overlay District and City Code. AND BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit as requested by the Childrens Country Day School for the property located at 1588 Victoria Road, and as presented under Planning Case No. 2023-08, is further hereby approved with the following conditions of approval: 1. A building permit must be submitted to the city for review and approval prior to any construction work commencing on the subject property. 2. The landscape plan as described in the Letter of Intent shall be planted and installed as part of the project. 3. All required erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 4. All disturbed areas impacted by new grading or construction work on the subject property shall be completely repaired and restored in a timely and expedited manner. 5. All grading and construction activity must 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. 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. Adopted by the City Council of the City of Mendota Heights this 20th day of June, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS 44 1 1 v Stephan'e B. Levine, Mayor ATTEST: Chris&Ausi616, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Mendota Heights Res. 2023-35 Poge 2 of 3 EXHIBIT A Address: 1588 Victoria Road, Mendota Heights, Minnesota 55118 PID: 270230005020 Legal Description: PT OF SW '/4 OF NE'/a LYING SW OF STH #35-E SUBJ TO VICTORIA ST & SUBJ TO PAR 8A DAKOTA CO R/W MAP NO 119 Drafted by: City of Mendota Heights ll01 Victoria Curve Mendota Heights, MN 55118 Mendota Heights Res. 2023-35 Page 3 of 3