Res 2026-52 Approving a MRCCA Permit 1175 Orchard PlaceCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2026-52
RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
(MRCCA) PERMIT FOR A NEW ACCESSORY STRUCTURE AND HOT TUB AT 1175
ORCHARD PLACE
PLANNING CASE 2026-14
WHEREAS, Metro Retaining Walls and Landscaping, Inc., (the "Applicant") in
coordination and on behalf of Andrew Hunter (the "Owner") made an Application for a Mississippi
River Corridor Critical Area (MRCCA) Permit to allow for the construction of two accessory
structures and associated site improvements on the property located at 1175 Orchard Place, and
legally described in Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided LDR-Low Density Residential in the 2040
Cornprehensive Plan, zoned R-1 Low Density Residential, and is situated in the Mississippi River
Corridor Critical Area Overlay District; and
WHEREAS, pursuant to City Code Title 12-6A-3: Mississippi River Corridor Critical
Area Overlay District, a permit is required to approve any new development activities involving a
building permit, land disturbance, vegetation removal, or special zoning approval, and the
Applicant is seeking permission to construct two accessory structures under the rules and standards
established by the R-1 District and the related Mississippi River Corridor Critical Overlay District
ordinance and standards: and
WHEREAS, on July 28, 2026, the Mendota Heights Planning Commission held a public
hearing on this MRCCA Permit request, whereby planning reports were presented and received by
the Commission, and comments from the public were allowed, and whereupon closing the hearing,
the Commission recommended unanimously (5-0 vote) to approve the request from Metro
Retaining Walls and Landscaping, Inc. for the MRCCA Permit, which would allow the new
accessory structures and associated improvements, as proposed and presented under Planning Case
No. 2026-14, 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. 2026-14 is hereby
affirmed, and may be approved based on the following findings -of -fact:
1. The proposed construction of a new accessory structure and installation of an in -
ground hot tub with associated site and landscaping improvements meets the general
purpose and intent of the Mississippi River Corridor Critical Area (MRCCA)
Separated from River Overlay District,
Resolution No. 2026-52 Page � 1
2. The proposed work and disturbance to construct the structures and associated site and
landscaping improvements has no direct impact to the Bluff Impact Zone, with no
anticipated impact to Primary Conservation Areas, and the project includes
landscaping work surrounding the disturbed areas associated with this proposal. The
proposed project is within the spirit and intent of the MRCCA Separated from River
Overlay District that provides for flexibility within the management purpose.
3. The proposed project will not be detrimental to the health, safety or general welfare
of the community; should not cause any serious traffic congestion nor hazards; will
not seriously depreciate surrounding property value; and said use appears to be in
harmony with the general propose and intent of the City Code and the Comprehensive
Plan.
4. The construction of the structures is shown in the plan to comply with all standards
and regulations of the Mississippi River Corridor Critical Area Overlay District and
with the conditions included herein would be in compliance with the Zoning
Ordinance and other applicable ordinances of City Code; the construction proposal
represents reinvestment in a residential neighborhood that is consistent with the
Comprehensive Plan's goals for residential land uses; and is consistent with the
current single-family development pattern of the neighborhood.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the MRCCA
Permit requested for the property located at 1175 Orchard Place is hereby approved, with the
following conditions:
A building permit must be approved and issued by the City prior to the commencement
of any site work.
2. The proposed private garage accessory structure shall be adjusted on the site plan to be
setback fiom the front property line at least an additional four feet t4-rQ so that it is
further setback from the front property line than the principal structure.
The proposed project must comply with all requirements of the City's Land
Disturbance Guidance Document. All plans must be reviewed and approved by the
Public Works Director,
4. All erosion control requirements must be put in place prior to the commencement of
any grading and site work activities and must remain in place for the duration of the
construction activities until proper site restoration plans are completed, including a dual
row of perimeter control at the back of the property adjacent to the bluff, perimeter
control surrounding other areas of disturbance, and erosion control blankets on any
disturbed slopes 3:1 or greater,
5. All grading and construction activity must comply with applicable federal, state, and
local regulations and codes.
Resolution No. 2026-52 page ( 2
6. If any significant or heritage trees are proposed to be removed, the applicant and/or
property owner must submit a Forest Alteration Permit to the City for review by the
Community Development Manager and the Natural Resources Manager,
7. 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.
8. The Landscape Plan must be reviewed and approved by the City's Natural Resources
Manager prior to issuance of any building permits.
Adopted by the City Council of the City of Mendota Heights this 5`" day of August 2026.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Step anie . Levine, Mayor
ATTEST:
Nancy Bauer, City Clerk
Resolution No. 2026-52 Page � 3
EXHIBIT A
Address: 1175 Orchard Place
PIN:27-33900-01-020
Legal Description:
Lot 2, Block 1, HUNTER BLUFF, Dakota County, Minnesota,
Resolution No. 2026-52 Page � 4