Res 2009- 83 CUP and Wetland Permit @ 790 Ridge PlCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 09 -83
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT
FOR A FENCE AT 790 RIDGE PLACE
WHEREAS, Maureen Haggerty has applied for a conditional use permit for a fence over Thigh
along right of way and a wetlands permit for a fence within the 100' buffer for a backyard fence at 790
Ridge Place [Somerset hills L -25 ex beg NW cor E on N line 130 ft SW to pt on N line of S 100 ft which
pt is 110 ft E of W line of S 100 ft to W line L -25 W on N line to beg; PID 27- 71050- 251 -00] as proposed
in Planning Case #09 -29; and
WHEREAS, The Planning Commission held a public hearing on this application at their regular
meeting on July 28, 2009 where the matter was tabled until August 25, and again tabled to September 22,
2009; and
WHEREAS, The Planning Commission recommended that the Council approve the conditional
use permit and wetland permit for backyard fence as presented to the Planning Commission on the
evening of September 22, 2009 and as shown in Planning Case #09 -29;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that a conditional use permit for backyard fence as proposed in planning Case #09 -29 is
hereby approved with the following conditions:
1. The existing, non - conforming fence must be completely removed by November 15, 2009.
2. A fence permit shall be applied for from the City within six (6) months of the date of final city
council approval of the conditional use permit.
3. Any fence must be constructed pursuant to all applicable city codes, including but not limited to
the following: the fence must be located completely within the applicant's property and meet all
applicable setbacks, the fence must meet the 30% opacity requirement and the finished side of the
fence must face the neighboring property owners.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a
conditional use permit for fence within the 100 foot buffer to a wetland area as proposed in planning Case
#09 -29 is hereby approved with the following conditions:
1. The fence shall be set back at least 25 feet from the centerline of the stream to establish a buffer
area of natural vegetation.
2. Natural vegetation shall be allowed to grow within the 25' buffer area sufficient to establish a
permanent cover.
3. The fence shall be located outside of any public easements.
4. The area on the property outside of the fence line that is disturbed shall be re- vegetated with
appropriate wetland buffer plantings and grasses.
5. All issues related to grading, drainage and erosion control of the site shall be subject to the review
and approval of the City Engineer.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a
conditional use and wetlands permit for a backyard fence as proposed in planning Case #09 -29 is hereby
approved with the following findings of fact:
1. The project meets all Zoning Ordinance requirements, as long as suggested conditions are
followed.
2. The fence is a reasonable use of the property and needed to contain pets, as well as to avoid
trespassing of passing animals pedestrians.
3. The fencing materials are appropriate for their specific locations on the property, given varying
visibility and exposure.
4. The project is consistent with the intent of the conditional use permit criteria allowing such fences.
5. The project involves insignificant dirt- moving and no addition of impervious surface.
6. No grading is proposed with this project, and potential for erosion will be minimal.
7. The addition of the natural vegetation will help in treatment of stormwater runoff before it reaches
the stream area.
8. The proposal will not result in any negative impacts to the wetland.
9. The proposal does not appear to interfere with wetland water quality.
10. The proposal will not adversely impact the surrounding environment.
11. The proposed project meets the intent and is consistent with the Wetlands Ordinance.
Adopted by the City Council of the City of Mendota Heights this 6th day of October, 2009.
ATTEST:
CITY COUNCIL
CITY OF MENDOTA I GHTS
By`_ ` By —
Kat een M. Swanson, City Cleric John