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Res 2006- 41 Approving Critical Area Permit @ 796 Sibley Memorial HwyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 -41 A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR GRADING OF FILL AND DRIVEWAY RE- ALIGNMENT AND PAVING AT 796 SIBLEY MEMORIAL HIGHWAY WHEREAS, Mr. James Hanson has applied for a Critical Area Permit for Grading of Fill and Driveway Re- Alignment and Paving at 796 Sibley Memorial Highway [Lots 6 and 7 of Goodrich Happy Hollow, (PID #27- 30700 - 060 -00 and #27- 30700- 070 -00] as proposed in Planning Case #06 -13; and WHEREAS, The Planning Corrunission 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 Critical Area Pen-nit for Grading of Fill and Driveway Re- Alignment and Paving as presented to the Planning Commission on the evening of May 23, 2006 and as shown in Planning Case #06 -13, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the Re- Alignment and Paving at 796 Sibley Memorial Highway as proposed in Planning Case #06 -13 is hereby approved on the following conditions: 1. You shall submit information showing the effect of the fill on the drainage rates and the effects on neighboring properties no later than June 30, 2006. Said information is subject to review and approval by the City Engineer. 2. You shall submit no later than June 30, 2006 grading, drainage and erosion control plans that will correct the drainage problems to the Caruso property and filling problems to the Schmitt property for the review and approval by the City Engineer. Construction according to the approved plans shall be completed no later than August 31, 2006. 4. If the actions taken in condition #3 above do not correct the existing drainage problems and other concerns of the neighbors you shall then take whatever additional steps staff reasonably determines to be necessary to remedy the situation by August 31, 2007. 5. You shall restore any property corners that have been disturbed by you. 6. You shall seed all disturbed areas to mitigate dust and erosion. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: I The proposed grading, seeding, paving, and fence reconstruction will bring the property into conformance with City ordinances regulating work in the Critical Area. 2. The proposed work, including modifications directed by City Engineering staff, will relieve drainage impacts of previous work on adjoining property. 3. The proposed driveway repaving will remove the encroachment of the existing driveway onto adjoining property. BE IT FURTHER RESOLVED that the Critical Area Permit for Grading of Fill and Driveway Re-Alignment and Paving for 796 Sibley Memorial Highway as proposed in Planning Case #06-13 would not have an adverse impact on the health, safety, and general welfare of the citizens of the con-nnunity 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. By- Katb! en =S`wansonCity Merk CITY OF MWOTA HEIG TS By John HubZ, ayo6///_