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Res 2023-60 Fence 1125 Orchard CirCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-60 RESOLUTION APPROVING AN ADMINISTRATIVE MIanISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) MINOR DEVELOPMENT PERMIT FOR PROPERTY LOCATED AT 1125 ORCHARD CIRCLE (PLANNING CASE N0.2023-18) WHEREAS, Steve and Michelle McHale (as "Applicant" and "Owner") applied for an Administrative Mississippi River Corridor Critical Area (MRCCA) Minor Development Permit in order to install a new six-foot (6') privacy fence, as proposed under Planning Case No. 2023-18, and for the property located at 1125 Orchard Circle, 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. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the Administrative MRCCA Minor Development Permit for property located at 1125 Orchard Circle, and proposed under Planning Case No. 2023-18, is hereby approved and supported by the following finding -of -facts: A) The proposed fence project poses no threat to the general health, safety and welfare of the public, or creates any negative impacts on the MRCCA area, adjacent bluffs, bluff impact zones (BIZ's), Primary Conservation Areas (PCA's) or surrounding properties; B) The proposed fence will not impact or change any grades or drainage ways on the subject property; C) The proposed fence project will be done in accordance with all requirements of the City's Land Disturbance Guidelines; D) 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 Steve and Michelle McHale and for the property located at 1125 Orchard Circle, is further hereby approved with the following conditions of approval: A separate fence peanut must be approved by city staff prior to commencement of any installation work on the subject property. 2. If necessary, full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All disturbed areas impacted by new grading or construction work, both on the subject property shall be completely repaired and restored in a timely and expedited manner. 4. All 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. 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 19th day of September, 2023. CITY COUNCIL CITY OF ME/NDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST: - // V�� Cd4JsJ4aAusiaV City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Mendota Heights Res. 2023-60 Page 2 of 3 EXHIBIT A Address: 1125 Orchard Circle, Mendota Heights, Minnesota 55118 PID: 27-81275-02-061 Legal Description: LOT 6, BLOCK 2, and the WEST 32-FEET OF LOT 5, BLOCK 2, VALS ADDITION, DAKOTA COUNTY, MINNESOTA [Abstract Property] Mendota Heights Res. 2023-60 Poge 3 of 3