Res 2004- 47 Denying Subdivision/Variances @ 1167 Dodd RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04 -47
A RESOLUTION DENYING A SUBDIVISION AND VARIANCES
FOR STREET FRONTAGE AND FRONT YARD SETBACK
AT 1167 DODD ROAD
WHEREAS, Mr. Robert Alvarez has applied for a Subdivision and Variances for
Street Frontage and Front Yard Setback at 1167 Dodd Road (Lots 9 and 10, Block 8,
Kirchner Addition) as proposed in Planning Case #04 -13; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on May 25, 2004; and
WHEREAS, The Planning Commission. voted to recommend that the Council
deny the Subdivision and Variances for Street Frontage and Front Yard Setback as
presented to the Planning Commission on the evening of May 25, 2004 and as shown in
Planning Case #04 -13,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Subdivision and Variances for Street Frontage and Front
Yard Setback for 1167 Dodd Road as proposed in Planning Case #04 -13 are hereby
denied.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this Subdivision and Variances for Street Frontage and Front Yard Setback
for 1167 Dodd Road as proposed in Planning Case #04 -13 are hereby denied based on the
following considerations:
1. These variances are not necessary in order to put the property to reasonable use
because there is already a house on the lot.
2. There are no unique circumstances pertaining to the applicant's property not
caused by the owner justifying the variances because the applicant sought the
original street vacation and lot division.
3. The variances would alter the essential character of the neighborhood given the
unique placement of the second home, and the fact that the new lot would not
meet the City's current lot width standard of 100 feet.
4. In 1981, the applicant requested the City to vacate right -of -way adjacent to Lot
8, Block 9. The vacation was granted. The minutes from the meeting in 1981
indicate the intent on the part of the Council to prohibit future subdivision. The
minutes also indicate the applicant's representation that the vacation was desired
for the addition of a garage, not for the construction of an additional house.
BE IT FURTHER RESOLVED that the Subdivision and Variances for an Street
Frontage and Front Yard Setback for 1167 Dodd Road as proposed in Planning Case #04-
13 would have an adverse impact on the health, safety, and general welfare of the citizens
of the community and the surrounding land, and would be adverse to the general purpose
and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
This 20th day of July, 2004.
ATTEST: CITY COUNCIL
CITY O IGHTS-
By By
Kat Ileen M. Swanson, City Clerk Jo , er, Wyor