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Res 2023-77 Wetland Permit 2477 Bridgeview CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-77 RESOLUTION APPROVING A WETLANDS PERMIT AT 2477 BRIDGEVIEW COURT PLANNING CASE 2023-21 WHEREAS, Chrissy and Mike Ruiz, the Owners of 2477 Bridgeview Court, made an Application for an After -the -Fact Wetland Permit as proposed under Planning Case No. 2023-21; and WHEREAS, the subject property is guided Low Density Residential in the 2040 Comprehensive Plan and situated in the R-1 One Family Residential District, and WHEREAS, Title 12-2-6 of the City Code (Wetland Systems) allows certain activities to be performed within a wetland or water related resource area, provided that a written permit is first obtained; and WHEREAS, the Applicants will provide additional and suitable wetland protective vegetation and plantings along the edge of the pond, which will help to reduce any impacts caused by stormwater run-off from the rear yard area and project, and will help reduce any soil and contaminant runoff as a result of the new concrete steps; and WHEREAS, on October 24, 2023, the Mendota Heights Planning Commission conducted a public hearing on the proposed After -the -Fact Wetland Permit, and whereupon closing the hearing, recommended unanimously to approve the After -the -Fact Wetland Permit on the subject property, with certain conditions and findings -of -fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2023-21 is hereby affirmed, and the After -the -Fact Wetland Permit requested for the property located at 2477 Bridgeview Court is approved based on the following findings -of -fact. l . The installation of the concrete steps and walkway to the pond required a Wetlands Permit and it was not obtained prior to construction. Once astop-work order was issued the Applicants immediately ceased activities and worked to resolve the issues and obtain the necessary Wetlands Permit. 2. The concrete steps and walkway provide direct access to the pond and will establish a permanent route to the pond which will indirectly protect the surrounding vegetative buffer. The restoration plan will include a mix of appropriate wetland buffer plant types that are on the City's approved Native Plant List. 3. The proposed project, including those activities completed without a permit and those that have yet to be complete, are consistent with certain goals and policies as contained within the City's 2040 Comprehensive Plan provided the conditions are met. 4. All remaining work will have little, if any impacts to the pond, or the existing on -site drainage or drainage from surrounding properties. Res. No. 2023-77 Page � 1 5. Owner/Applicant will provide additional and suitable wetland protective vegetation and plantings along the edge of the pond, which will help to reduce any impacts caused by stormwater run-off from the rear yard areas affected by the project, and will help reduce any soil and contaminant runoff as a result of the new concrete steps. 6. Adequate erosion control measures must remain in place as directed by the city staff and until all areas of the property have been fully planted and restored, which will ensure protection of the pond. 7. The project, through completion, must 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 After - the -Fact Wetland Permit requested for the property located at 2477 Bridgeview Court is hereby approved, with the following conditions: 1. The concrete steps and boulders as installed are permitted to remain, but no additional construction or improvements are permitted under this Wetlands Permit. 2. The Applicants shall submit a detailed landscape plan including plant schedule in the Spring of 2024 prior to installation. The plan shall be reviewed by the City's Natural Resource Coordinator to ensure that the plant schedule complies with the City's approved Native Plant list. 3. Any new excavating, grading and/or 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. Full erosion/sedimentation measures shall be reviewed by the city's Public Works Director and shall be maintained per their direction through project completion. 4. Prior to the release of any escrow payment, all disturbed areas in and around the project site, including the buffer area, shall be restored and have an established, protected and permanent ground cover and Native Plants installed. Adopted by the City Council of the City of Mendota Heights this 8th day of November 2023. ATTEST: 'Administrator CITY COUNCIL CITY OF MENDOTA HEIGHTS Res. No, 2023-77 Page�2 EXHIBIT A Address: 2477 Bridgeview Court PIN:271515002040 Legal Description: Lot 4, Block 2, BRIDGEVIEW SHORES 1ST ADDITION Res. No. 2023-77 Page � 3