Res 2003- 53 Denying Prel Plat and Variance @ 1673 Delaware AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 03-53
FOR THREE
WHEREAS, Mr. Michael Bader applied for a Preliminary Plat and Variance for
Three Lots at 1673 Delaware Avenue as proposed in Planning Case #03-13; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meetings on March 25, 2003 and April 22, 2003; and
WHEREAS, The Planning Commission voted 4-2 (with one Commissioner
recused) to recommend that the Council deny the Preliminary Plat and Variance as
presented to the Planning Commission on the evening of April 22, 2003 and as shown in
Planning Case #03-13; and
WIIEREAS, The City Council at its regularly scheduled meeting on May 6,
2003, at the applicants request, did not render a decision on Planning Case #03-13 and
continued the same to its next regularly scheduled meeting; and
WHEREAS, The City Council at its regularly scheduled meeting on May 20,
2003, at the applicants request, did not render a decision on Planning Case #03-13 and
continued the same to its next regularly scheduled meeting; and
WHEREAS, The City Council at its regularly scheduled meeting on June 3,
2003, adopted Resolution 03-36 denying the application for a Preliminary Plat and
Variance for Three Lots (Planning Case #03-13); and
WIFIEREAS, The City Council also made the determination that a revised
proposal presented by the applicant at June 3, 2003 City Council Meeting constituted a
new application and instructed the applicant to proceed to the Planning Commission for a
new public hearing on the new proposal; and
WHEREAS, On June 24, 2003 the Planning Commission held a public hearing
on the revised proposal (Planning Case #03-32) and the Planning Commission voted 4-1
to recommend approval of the Preliminary Plat and Variance requested with conditions;
and
WHEREAS, The City Council of the City of Mendota Heights, at their regular
meeting on July 1, 2003, voted to deny the application for a Preliminary Plat and
Variance for Three Lots (Planning Case #03-32).
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Preliminary Plat and Variance for Three Lots for 1673
Delaware Avenue as revised and proposed in Planning Case #03-32 is hereby denied
based on the following:
1. There is no demonstrated hardship justifying a variance from the recommended
cul-de-sac length of 500 feet; and
2. Additional residences on this cul-de sac may result in traffic safety issues because
of visual impairments because of the reduced setback for the Lutz property
previously granted by the City with the assumption that no additional lots would
be located along the cul-de-sac; and
3. A widened cul-de-sac will result in significant tree loss in the area; and
4. The proposed preliminary plat appears to be in contradiction to private covenants
recorded against the property in question.
BE IT FURTHER RESOLVED that the Preliminary Plat and Variance for
Three Lots for 1673 Delaware Avenue as revised and proposed in Planning Case #03-32
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 15th day of July, 2003.
ATTEST:
Byeen M��
Ka . Swanson, City Clerk
CITY COUNCIL
C