Res 2016- 28 CAP, CUP, Variances 1140 Sibley Mem HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-28
RESOLUTION APPROVING A CRITICAL AREA PERMIT,
CONDITIONAL USE PERMIT, AND VARIANCES AT
1140 SIBLEY MEMORIAL HIGHWAY
WHEREAS, Emily Dosh has applied for a critical area permit, conditional use peiinit,
and variances to construct an addition onto an existing single-family dwelling at 1140 Sibley
Memorial Highway as proposed in Planning Case 2016-05 and described in Exhibit A; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting on March 22, 2016.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the critical area permit, conditional use permit, and variance requests as proposed in Planning
Case 2016-05 are hereby approved with the following findings of fact:
1. The proposed project meets the purpose and intent of the City Code and is consistent with
the Comprehensive Plan.
2. The proposed project meets the purpose and intent of the Critical Area Overlay District,
including the additional conditional use permit and variance standards.
3. The proposed project expands the existing dwelling towards the river in compliance with
the applicable setbacks and avoids disturbing areas that may reduce the existing natural
landscape and increase stormwater run-off.
4. The grades in excess of 18% and 40% impacted by the proposed project appear to have
been man-made and will not negatively impact the river or the character of the
surrounding area.
5. The proposed variances are found to be in harmony with the general purpose and intent
of the ordinance and the comprehensive plan; that the applicant has established practical
difficulties in complying with the ordinance because expansion to the side or rear yard
would require additional land disturbance and/or increase water run-off issues; and that
the proposed variances will not alter the essential character of the neighborhood since
there is already a highway, a trail, a rail line, and structures already in existence between
the property and the river.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the critical
area permit, conditional use permit, and variance requests as proposed in Planning Case 2016-05
are hereby approved with the following conditions:
1. Building and grading permits are approved by the City prior to construction of the
proposed project.
2. All grading and construction activity will be in compliance with applicable federal, state,
and local regulations and codes, as well as in compliance with the City's Land
Disturbance Guidance Document.
Adopted by the City Council of the City of Mendota Heights this fifth day of April, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
Lorri Smith, City Clerk
aiidra Krebslba.eii, Mayor
Res 2016-28 page 2
EXHIBIT A
Legal Description —1140 Sibley Memorial Highway
PID: 27-13500-00-160
PID: 27-02200-75-010
Commencing at a point on the east line of Section 22, Township 28 North, Range 23 West, said
point being a concrete monument and said monument is 2249.1 feet north of the southeast comer
of said Section 22; thence South 36 degrees 50 minutes West 1318.35 feet; thence South 36
degrees 05 minutes East 4.5 feet to the place of beginning, which point of beginning is marked
by a judicial landmark; thence South 36 degrees 05 minutes East 124.9 feet to a point marked by
a judicial landmark; thence South 47 degrees 39 minutes East 64.5 feet to a point marked by a
judicial landmark; thence North 48 degrees 32 minutes East 109.9 feet to a point marked by a
judicial landmark; thence North 36 degrees 19 minutes West 189.5 feet to a point marked by a
judicial landmark; thence South 48 degrees 30 minutes West 123.05 feet to the point of
beginning, being formerly described as lying within the aggregate periphery of Lots 14, 15, 16,
and "N" street in Beaudet's Addition to the Town of Mendota and of Lot Nine (9), Auditor's
Subdivision No. 2, Mendota.
Res 2016-28 page 3
CERTIFICATE OF SURVEY FOR
CHARLES & EMILY DOSITI
DESCRIPTION: AS FURNISHED
Commencing at a point on the east line of
Section 22, Township 28 North, Range 23 West, -
said point being a concrete monument and said
monument is 2249.1 feet north of the southeast
corner of said Section 22; thence South 36
degrees 50 minutes West 1318.35 feet; thence
South 36 degrees 05 minutes East 4.5 feet to:
the place of beginning, which point of beginning
is marked by a judicial landmark; thence South
36 degrees 05 minutes East 124.9 feet to a
point marked by a judicial landmark; thence
South 47 degrees 39 minutes East 64.5 feet to
a point marked by a judicial landmark; thence
North 48 degrees 32 minutes East 109.9 feet to
a point marked, by a judicial landmark; thence
North 36 degrees 19 minutes West 189.5 feet to
a point marked by a judicial landmark; thence
South 48 degrees 30 minutes West 123.05 feet
to the point of beginning, being formerly
described as lying within the aggregate periphery
of Lots 14, 15, 16, and "N" street in Beaudet's
Addition to the Town of Mendota and of Lot
Nine (9), Auditor's Subdivision No. 2, Mendota.
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PROPERTY ADDRESS
1140 Sibley Memorial Highway ;-
Mendota
Mendota Heights, MN 55118 /,.,
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Exhibit A
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ast Iron Monument
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I hereby certify that this survey,
plan or report was prepared by me
or under my direct supervision and
that I am a duly Licensed Land
Surveyor under the laws of the
state of Minnesota.
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NOTES:
The description as furnished does not
mention any taking for highway which
shows on the Dakota County half
section map.
The description as furnished includes
a portion of Auditor's Subdivision No.
2 Mendota which on the Dakota
County property map is shown as
owned by City of Lilydale.
Cast Iron Monument
SE Corner of Section 22, T28, R23
LEGEND:
• Denotes 3" Iron monument found
o Denotes 1/2" x 14" Iron Pipe monu-
ment set and marked with RLS 47223
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1440kcade St Suite 250
Saint Paul, MN 55106
Phone:651-7664112
fax 651.7764206
Email infoOmpasso.com
DRAWN BYA, PROJECT NUMBER 3637.001
Receipt:# 490050
RES $46.00
Return to:
CITY OF MENDOTA
HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS MN
55118
775297
11111111111111111111111111111111111
Recorded on: 3 30 2017 3 13 PM
By: JAR, Deputy
Cert # 157805
Office of the Registrar of Titles
Dakota County, Minnesota
Joel T. Beckman, Registrar of Titles
Res Zo ((o - Z$