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Res 2006- 46 Approving Wetlands Permit @ 869 Mendakota CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 -46 A RESOLUTION APPROVING A WETLANDS PERMIT FOR VEGETATION REMOVAL AND VARIOUS IMPROVEMENTS AT 869 MENDAKOTA COURT WHEREAS, Mr. Steven J. Weintraut has applied for a Wetlands Permit for Vegetation Removal and Various Improvements at 869 Mendakota Court [Lot 8, Block 1. Mendakota Estates, PID 27- 48225- 090 -01] as proposed in Planning Case #06 -18; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on May 23, 2006; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Wetlands Permit for Vegetation Removal and Various Improvements as presented to the Planning Commission on the evening of May 23, 2006 and as shown in Planning Case #06 -18 ; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Wetlands Permit for Vegetation Removal and Various approved on the following conditions: 1. The applicant shall preserve the Red Oak, and Bur Oaks, but may remove the Aspen trees. 2. The applicant shall not modify any vegetation within the wetland. 3. All disturbed areas shall be seeded to achieve natural groundcover. 4. The details and acceptability of the proposed dock shall be determined by the City. 5. The applicant's grading, drainage and erosion control plans shall be subject to review and approval by the City Engineer. 6. The proposed dock shall be omitted from the approved plans and shall not be constructed. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby snakes the following Findings of Fact: 1. The Wetlands Ordinance is established to provide for the protection of the Water Resources in the City. 2. The Wetlands Ordinance prohibits clear cutting of vegetation within 100 feet of any Wetland. 3. By altering the application to preserve the non - invasive species, the applicant would be consistent with the Wetlands Ordinance. 4. The Wetlands Ordinance provides for the removal of invasive species, such as Buckthorn. 5. The applicant indicates that there will be minimal grading related to the proposed alteration. 6. The Wetlands Ordinance does not permit the cutting of vegetation within the Wetland itself. 7. By altering the application to preserve the vegetation within the wetland, the proposal could be consistent with the Wetlands Ordinance. 8. The application adequately protects the wetland water quality, and is consistent with the intent of the Wetlands Ordinance. BE IT FURTHER RESOLVED that the Wetlands Pen-nit for Vegetation Removal and Various Improvements for 869 Mendakota Court as proposed in Planning Case #06 -18 would not have an adverse impact on the health, safety, and general welfar 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 6th day of June, 2006. ATTEST: By _-- Kathleen M. Swanson, City Clerk