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Res 2010- 92 CAP 979 Caren RoadCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 10 -92 A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A FOUR FOOT TALL FENCE AT 979 CAREN ROAD WHEREAS, Robert and Kathy Thompson have applied for a critical area permit for a four foot tall fance at 979 Caren Road [Lot 35 Block 3 & Part of Lot 36 Block 3 Com SW Cor N 75 Ft E 5 Ft to Beg (PIN #27- 76402- 362 -03)] as proposed in planning case #10 -32; and WHEREAS, the planning commission held a public hearing on this application at their regular meeting on October 26, 2010; and WHEREAS, the planning commission recommended that the council approve the critical area permit for a four foot tall fence as presented to the planning commission on the evening of October 26, 2010 and as shown in planning case #10 -32. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a critical area permit for a four foot tall fence as proposed in planning case #10 -32 is hereby approved with the following conditions: 1. The applicant shall receive a fence permit prior to installation of the fence. 2. The fence shall meet the regulations established in Section 12 -1D -6, including the 30% open design requirement. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a critical area permit for a four foot tall fence as proposed in planning case #10 -32 is hereby approved with the following finding of fact: 1. The fence project shall not involve landscaping, paving, changing in grades, soil loss or altering of slopes; therefore, it shall not jeopardize the aesthetic integrity and natural environment of the Mississippi River corridor critical area. Adopted by the City Council of the City of Mendota Heights this second day of November 2010. ATTEST: CITY COUNCIL CITY OF TA HE ' HTS By By Nancy Bauer Ating City Clerk Jo (Fit-roRgt:ics mity STATE OF MINNESOTA COUNTY OF DAKOTA )s.s. CITY OF MENDOTA HEIGHTS ) Receipt#: 133308 TORRENS FEE $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 T674331 Recorded on: 1 13/2011 09:00:02AM By: LAB, Deputy Certificate #: 147011 Joel T. Beckman Registrar of Title Dakota County, MN -76/ I, Nancy Bauer, being the duly appointed and acting City Clerk of the City of Mendota Heights, do hereby CERTIFY that the attached Resolution No. 10 -92 "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A FOUR FOOT TALL FENCE AT 979 CAREN ROAD" is an exact copy of said Resolution on file in my office. Signed and sealed by my hand on this ninth day of November 2010. )/Z Nancy Ba Acting City Clerk (SEAL) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 10 -92 A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A FOUR FOOT TALL FENCE AT 979 CAREN ROAD WHEREAS, Robert and Kathy Thompson have applied for a critical area permit for a four foot tall fance at 979 Caren Road [Lot 35 Block 3 & Part of Lot 36 Block 3 Corn SW Cor N 75 Ft E 5 Ft to Beg, Tilsen's Highland Heights No. 3 (PIN #27- 76402- 362 -03)] as proposed in planning case #10 -32; and WHEREAS, the planning commission held a public hearing on this application at their regular meeting on October 26, 2010; and WHEREAS, the planning commission recommended that the council approve the critical area permit for a four foot tall fence as presented to the planning commission on the evening of October 26, 2010 and as shown in planning case #10 -32. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a critical area permit for a four foot tall fence as proposed in planning case #10 -32 is hereby approved with the following conditions: 1. The applicant shall receive a fence permit prior to installation of the fence. 2. The fence shall meet the regulations established in Section 12 -1D -6, including the 30% open design requirement. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a critical area permit for a four foot tall fence as proposed in planning case #10 -32 is hereby approved with the following finding of fact: 1. The fence project shall not involve landscaping, paving, changing in grades, soil loss or altering of slopes; therefore, it shall not jeopardize the aesthetic integrity and natural environment of the Mississippi River corridor critical area. Adopted by the City Council of the City of Mendota Heights this second day of November 2010. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS By ) et _. --�/ Nancy Bauer, etii-ig City Clerk i.er3. o r' j` (