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Res 2006- 80 Approving Critical Area Permit @ 739 Knollwood CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 - 80 A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR SLOPE RESTORATION AT 739 KNOLLWOOD COURT WHEREAS, Gary Kravitz and Anna Schorer have applied for a Critical Area Permit for Slope Restoration at 739 Knollwood Court [PIN: 27- 37676 - 161 -01 Plat: Ivy Falls West 2nd Addition, Pt of Lot 16, Blk 1 Lying E of line parallel to and 100 ft E of as meas at RA to W line Lot 16] as proposed in Planning Case #06 -28; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on August 22, 2006; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Critical Area Permit for Slope Restoration as presented to the Planning Commission on the evening of August 22, 2006 and as shown in Planning Case #06 -28; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Critical Area Permit for Slope Restoration at 739 Knollwood Court as proposed in Planning Case #06 -28 is hereby approved on the following conditions: 1. Any dirt, rocks mud or other debris from construction or grading activities that is deposited onto nearby streets must be cleaned up immediately. — --- -- - - - - - - -- 2 -- The - applicant - shall- install- temporary- drainage - pipes- fronrthe- existing-pipe -attl top of the bluff to the creek to prevent additional erosion. The temporary pipes shall be installed by September 31, 2006. 3. The applicant shall water the site to control dust and airborne particles. 4. All loading and staging for the project must occur on the site, and not on neighboring properties or public rights -of -way. 5. Erosion control elements to prevent water and wind erosion should be utilized during construction. 6. No vegetation may be removed from neighboring properties. 7. Any material removed from the site shall be properly disposed of in a timely manner. 8. Compliance with slope protection and restoration recommendations of the geotechnical consultant. 9. Clean-up and removal of debris from the slope and creek bed that has occurred from previous construction/slope stabilization efforts. 10. Grading and drainage plans are subject to the approval of the City Engineer. 11. The slope shall be planted with native vegetation to prevent future erosion. The seed mix shall be submitted to the City Engineer for approval 12. The applicant shall allow representatives of the City to access the property for the duration of the permit in order to inspect the progress of the work. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The Critical Area-Ordinance is intended to provide for protection of the Mississippi River area with regard to erosion, vegetation, land use, and visual impacts, among others. 2. Reconstruction of the slope is necessary to prevent further erosion. 3. Previous slope failure has created a conflict with the intent of the Critical Area Ordinance by removing existing vegetation from the slope and endangering the stability of the slope. 4. In granting the permit, the City is not making any representation as to the effectiveness of the engineer's design. 5. Compliance with the recommendations of thee engineers will bring the property into conformance with the intent of the Critical Area Ordinance. BE IT FURTHER RESOLVED that the Critical Area Permit for Slope Restoration for have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 5t' day of September, 2006. /.1MWIIx.IsIF CITY COUNCIL CT: By �i�e Gy �. �- By Kathleen M. Swanson, City Clerk Job