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Res 2024-40 Fence CUP 1270 Northland DriveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-40 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A FENCE GREATER THAN 6-FT IN HEIGHT AT THE PROPERTY LOCATED AT 1270 NORTHLAND DRIVE PLANNING CASE 202441 WHEREAS, Cuslunan &Wakefield, (the Applicant and Owners' representative of MSP SLP APARTMENTS LLC), requests approval of a Conditional Use Permit (CUP) under Planning Case No. 2024-11, which would allow a fence greater than 6-ft in height to be constructed at the property located at 1270 Northland Drive, and legally described on Exhibit A; and WHEREAS, the subject property is guided Industrial in the 2040 Comprehensive Plan and situated in the I -Industrial Zoning District, and WHEREAS, Title 12-1D2-6 ofthe City Code allows fences within Business and hndustrial zones to exceed 6-ft in height by Conditional Use Permit, and the proposed 10-ft vinyl coated chain link fence requires these approvals; and WHEREAS, on June 25, 2024, the Mendota Heights Planning Commission held a public hearing on this planning case item, whereby planning reports were presented and received by the commission, and cormnents from the applicant and public were allowed, and whereupon closing the hearing, recommended unanimously (7-0 vote) to approve the request from Cushman & Wakefield for the CUP, which would allow the proposed 10-11 fence to be constructed and installed, located at 1270 Northland Drive, as proposed and presented wider Planning Case No. 2024-11, with certain conditions identified herein and specific 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. 2024-I1 is hereby affirmed, and the Conditional Use Permit requested for the property located at 1270 Northland Drive is approved based on the following findings -of -fact. 1. The construction of a fence greater than 6-ft in height is allowed by Conditional Use Permit in the I -Industrial zoning district. 2. The existing professional business use is consistent with the adopted Comprehensive Plan and the Zoning Ordinance for property in the I -Industrial district. 3. The proposed private sport court amenity is an incidental accessory use to the principal professional business use of the property and the approval of this Conditional Use Permit does not grant approval for any commercial recreation business operations. Res. No. 2024-40 Page 1 4. The proposed improvements will not impact the availability of parking for the existing multi -tenant professional business/office building and there will not be negative impacts to traffic flow on the surrounding road network. 5. The proposed fence and associated improvements will not be detrimental to the health, safety or general welfare of the community, nor cause any serious traffic congestion or hazards, nor depreciate surrounding property values. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit requested for the property located at 1270 Northland Drive is hereby approved, with the following conditions: This Conditional Use Permit grants approval to allow the construction of a 10-ft tall fence to enclose a private sport court. The proposed sport court amenity is an incidental accessory use to the principal professional business use of the property. The approval of this Conditional Use Permit does not grant approval for any commercial recreation business operations. 2. A commercial recreation business use is not permitted on the subject property without the prior approval of the City and in accordance with the City of Mendota Heights Zoning Ordinance. 3. The Applicant/Owner must obtain all required City permits, including but not limited to a Fence Permit and a Building Permit. Adopted by the City Council of the City of Mendota Heights this 2na day of July 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Z StephaniflB. Levine, Mayor ATTEST: G N cy Balfuer, City Clerk Res. No. 2024-40 pagc�2 EXHIBIT A Address: 1270 Northland Drive PIN:27-48446-01-010 Legal Description: Lot 1, Block 1, MENDOTA TECHNOLOGY CENTER ZND ADDITION. Res. No. 2024-40 pale 3