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Res 2015- 94 Lot Line Adjustment & Variance 754 & 750 Upper Colonial DrCITY OF NiENDOTA FIEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-94 RESOLUTION APPROVING A LOT LINE ADJUSTMENT AND VARIANCE AT 754 AND 750 UPPER COLONIAL DRIVE WFIEREAS, Alan and Gloria Weinblatt and Brian and Jamie Nordin have applied for a lot line adjustment and variance as proposed in Planning Case 2015-40 and described in Exhibit A; and W�IEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on November 24, 2015. NOW T�IE '+ FORE BE IT RESOLVED by the Mendota Heights City Council that the lot line adjustment and variance requests as proposed in Planning Case 2015-40 are hereby approved based on the following findings of fact: 1. The proposed lot line adjustment and variance requests meet the purpose and intent of the City Code and are consistent with the Comprehensive P1an. 2. The purpose of the requests are to resolve an existing encroachment over the interior property boundary line. 3. In order to comply with the required minirnum side yard setbacic standards based on the existing conditions, the non-conforming lot width will be transferred from Lot 9 to Lot 10. 4. The existing conditions were not created by the current property owners and create a practical diffculty in adjusting the interior property boundary line in compliance with the lot width standard in order to address the non-conforinities created by the encroachment. 5. Other alternatives to attain compliance that would require removal of portions of the dwelling or acquisition of additional property not owned by the applicants are not practical. 6. Approvar of the requests wiil have no visibie impact on either property and will not negatively impact the character of the neighborhood. BE IT FURTH]ER RESOLVED, by the Mendota Heights City Council that the lot line adjustment and variance requests as proposed in Planning Case 2015-40 are hereby approved with the condition that the appropriate documents are recorded with Dakota County. Adopted by the City Council of the City of Mendota Heights this first day of December, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS �r — Sandra Krebsbach ayor ATTEST: c����. � Lorri Smith, City Clerk EXHIBIT A Legal Descriptions 754 Upper Colonial Drive Existing Description: WEINBLATT IS the fee owner of that land in Dakota County, Minnesota described on Certificate of Title No. 35399 as follows: Lot 9, Block 7, CHERRY HILL ADDITION, the Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marked by judicial landmarks set pursuant to District Court Case No. 55627. Subject to the encumbrances shown on Certificate of Title No. 35399. New description: Alan W. Weinblatt and Gloria E. Weinblatt as joint tenants are the fee owners of that land in Dakota County, Minnesota described as follows: Lot 9, Block 7, and that part of Lot 10, lying westerly of the following described fine: Beginning at an iron pipe on the North line of said Lot 10 distant 18.4 feet from the Northwest corner of said Lot 10; thence Southerly to the Southwest corner of said Lot 10 and there terminating. All in Block 7, CHERRY HILL ADDITION. The Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marked by judicial landmarks set pursuant to District Court Case No. 55627. Subject to the encumbrances shown on Certificate of Title No. 35399. 750 Upper Colonial Existing Description: NORDIN is the fee owner of that land in Dakota County, Minnesota described on Certificate of Title No. 152501 as follows: Lot 10, Block 7. AND All that part of Outlots A and B, described as follows: Commencing at the Northeast corner of Lot 10, Block 7, CHERRY HILL ADDITION, thence southerly, along the east line of said lot 10, a distance of 172 feet to the Southeast corner of said Lot 10, thence northerly, across portions of said Outlots A and B, to a point on the North line of said Outlot A distant 10 feet Easterly from the aforementioned Northeast corner of said Lot 10; thence Westerly, along the north line of said Outlot A, to the point of beginning at the Northeast corner of said Lot 10, and there terminating. All in CHERRY HILL ADDITION, The Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marked by Judicial Landmarks set pursuant to District Court Case Number 55627. Subject to the encumbrances shown on Certificate of Title Number 152501. Res 2015-94 page 2 New description: Brian T. Nordin and Jamie D.E. Nordin, as joint tenants, are the fee owners of that land in Dakota County, Minnesota described as follows: That part of Lot 10, Block 7, lying easterly of the following described line: Beginning at an iron pipe on the North line of said Lot 10 distant 18.4 feet from the Northwest corner of said Lot 10; thence Southerly to the Southwest corner of said Lot 10 and there terminating. AND All that part of Outlots A and B, described as follows: Commencing at the Northeast corner of Lot 10, Block 7, CHERRY HILL ADDITION, thence southerly, along the east line of said lot 10, a distance of 172 feet to the Southeast corner of said Lot 10, thence northerly, across portions of said Outlots A and B, to a point on the North line of said Outlot A distant 10 feet Easterly from the aforementioned Northeast corner of said Lot 10; thence Westerly, along the north line of said Outlot A, to the point of beginning at the Northeast corner of said Lot 10, and there terminating. All in CHERRY HILL ADDITION. The Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marked by Judicial Landmarks set pursuant to District Court Case Number 55627. Subject to the encumbrances shown on Certificate of Title Number 152501. Res 2015-94 page 3 �-----'�:� �E'S �-O(���� Receipt:# 415102 RES $46.00 MEM $4d.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS MN 55118 755797 I(IIIII IIII) IIIII IIIII IIII) IIII) IIII IIII Recorded on: 116/2016 3:04 PM By: CAC, Deputy Cert # 35399 163968 163969 Office of the Registrar of Titles Dakota County, Minnesota Joel L Beckman, Registrar of Titles � �-� "� I �j �-- ��? �- I � -� ��-)�I��} -�� -��=� -�� �� j �71 ��- �� �,_���