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Res 2004- 24 Denying Preliminary Plat @ 1850 Arvin DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 -24 A RESOLUTION DENYING A PRELIMINARY PLAT TO CREATE ONE ADDITIONAL LOT AT 1850 ARVIN DRIVE WHEREAS, Robert Fink has applied for a Preliminary Plat to Create One Additional Lot at 1850 Arvin Drive [legal description] as proposed in Planning Case #04- 02; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on January 27, 2004; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Preliminary Plat to Create One Additional Lot at 1850 Arvin Drive as proposed in Planning Case #04 -02 is hereby denied. BE IT FURTHER RESOLVED that in support of the above denial, the Council hereby makes the following Findings of Fact: 1. This preliminary plat application relies upon the acceptance by the City of additional dedication of right -of -way adjacent to Arvin Drive. 2. Although the right -of -way for the "bulb" of the cul -de -sac for Arvin Drive is currently smaller than City standards, the dedication of additional right -of -way adjacent to a partial "arc" of this cul -de -sac "bulb" would not serve to bring the cul -de -sac "bulb" into conformity with the City's standards, unless it were accompanied by similar dedications from the other property owners around the cul -de -sac "bulb ". 3. None of the other property owners around the cul -de -sac "bulb" have volunteered to dedicate corresponding portions of their property to the City to complete the enlargement of the cul -de -sac "bulb ". 4. The City does not find any sufficiently compelling public purpose to invoke eminent domain authority against the other property owners around the cul -de -sac "bulb" in order to complete the enlargement of said "bulb ". 5. The City does not accept this additional right -of -way dedication because it does not serve any public purpose and merely serves to avoid the need for a variance for less than 100 feet of frontage for the new lot. BE IT FURTHER RESOLVED that the Preliminary Plat to Create One Additional Lot at 1850 Arvin Drive as proposed in Planning Case #04 -02 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 April, 2004. ATTEST: Ka een M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Bye----- - John Huber yor