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Res 2006- 91 Approving Critical Area Permit @ 647 SM HwyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 -91 A RESOLUTION APPROVING CRITICAL AREA PERMIT AND A 35' VARIANCE FOR CONSTRUCTION OF A 4'10" FENCE WITHIN THE BLUFF SETBACK AT 647 SIBLEY MEMORIAL HIGHWAY WHEREAS, Marco Scibora has applied for a Critical Area Permit and a 35' Variance for Construction of a 4'l 0" Fence withinn the bluff setback at 647 Sibley Memorial Highway [PIN: 27- 03900 - 020 -15 Plat: Auditors Subdivision No. 4, Pt of Lots 14 & 15 Commencing 134 ft NE of SW Corner of Lot 15 NE 134 ft SE 363 ft SW 134 ft NW to beginning] as proposed in Planning Case #06 -27; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on August 22, 2006, and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Critical Area Permit and 35' Variance for Construction of a 4'10" Fence within the bluff setback at 647 Sibley Memorial Highway as proposed in Planning Case #06 -27 is hereby approved. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. Installation of fence posts 5' from the bluff line is less disruptive than planting __ - -- - - -- larger shrubs or trees.--- 2. The fence will blend into existing surrounding landscaping and will not be visible from the river. 3. The applicant has proven that there is a hardship as the existing structure is located within the 40' bluff setback. BE IT FURTHER RESOLVED that the Critical Area Permit is subject to the condition that the fence posts are installed utilizing a hand auger. Adopted by the City Council of the City of Mendota Heights This 3rd day of October, 2006. ATTEST: By X1 Kathl en M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA BEEI HTS By Jo er, M