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Res 2005- 92 Approving CUP @ 790 Ridge PlaceCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05- 92 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR A FENCE AT 790 RIDGE PLACE WHEREAS, Maureen Haggerty has applied for a Conditional Use Permit and Wetlands Permit for a Fence at 790 Ridge Place [see attached legal description] as proposed in Planning Case #05 -46; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on September 27, 2005; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit and Wetlands Permit for a Fence as presented to the Planning Commission on the evening of September 27, 2005 and as shown in Planning Case #05 -46; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit and Wetlands Permit for a Fence for 790 Ridge Place as proposed in Planning Case #05 -46 is hereby approved on the following condition: 1. The proposed fence shall be constructed entirely upon the applicant's own property and shall not encroach into public Right of Way or neighboring private property. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed fence exceeds the 30% openness requirement of the Zoning Ordinance. 2. The proposed fence will be constructed of materials which, given its location, will result in a positive visual impact. The proposed fence complies with the requirements and intent of the Conditional Use Permit and Wetlands Permit regulations. BE IT FURTHER RESOLVED that the Conditional Use Permit and Wetlands Permit for a Fence for 790 Ridge Place as proposed in Planning Case #05 -46 under the above conditions would not 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 5th day of October, 2005. ATTEST: CITY COUNCIL CITY OF ME OT A HEI 71' By By Kathl en M. Swanson, City Clerk John Hub or