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Res 2006- 90 Approving Critical Area & CUP @ 647 SM HwyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 -90 A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A 4'10 "' FENCE WITHIN THE 30' FRONT YARD SETBACK AT 647 SIBLEY MEMORIAL HIGHWAY WHEREAS, Marco Scibora has applied for a Critical Area Permit and Conditional Use Permit for Construction of a 4'10"' Fence 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. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Critical Area Permit and Conditional Use Permit for Construction of a 4'10" Fence 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: The applicant would be able to install a 3' cedar fence on the front property line. as Dronosed is 2. The fence is 70% open which greatly exceeds the ordinance criteria of 30% open. 3. The open fence is preferable to thick landscaping that may close off the property. BE IT FURTHER RESOLVED that the approval of the Conditional Use Permit is subject to the following conditions: 1. The height of the fence shall be 4'10". 2. The fence shall be set back 3 feet from the front property line. 3. The fence shall be wrought iron. 4. The fence shall be a maximum of 3'2" above the visual impact sightline. Adopted by the City Council of the City of Mendota Heights This 3rd day of October, 2006. ATTEST: By Kat een M. Swanson, City Clerk