Res 2001 - 18 Denying Mr. Keith Heaver a Building Permit for Lot 1, Block 2 Ivy Falls SouthCITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. O1-.�i8..-�
RESOLUTION DENYING MR. KEITH HEAVER A BUILDING PERMIT
FOR LOT 1, BLOCK 2 IVY FALLS SOUTH
WHEREAS, Mr. Keith Heaver was granted a subdivision approval for the Ivy Falls South
development on June 6th, 1995, subject to the terms of a Contract for Single Family
Development, dated June 12, 1995; and
WHEREAS, Condition Twelve of that Agreement limited the height on Lot l, Block 2 to a 1
%2 story home; and
WHEREAS, Mr. Keith Heaver submitted a plan for Lot 1, Block 2 of Ivy Falls South at the
City Council meeting on Apri13`d' 2001; and
WHEREAS, the City Council determined that this plan did not meet the original conditions
of the Contract for Single Family Development entered into on June 12, 1995; and
WHEREAS, Mr. Heaver submitted an additional plan to the City at the meeting on April
17th, 2001, which also failed to comply with the Agreement signed on June 12, 1995;
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the building permit is hereby denied; and
BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights,
Minnesota in support of the above denial makes the following findings of fact:
a. Minutes from the June 6, 1995 City Council meeting contain a lengthy discussion
amongst Developer, City Council and the neighbors regarding limiting the
potential height of a future home on Lot 1 Block 2 of Ivy Falls South; and
b. These future houses adjacent to the Cherry Hills neighborhood would contain
homes of such a high elevation compared to the existing houses that the
Developer agreed to address the elevation issue with landscaping, a two foot
berm, and the height restrictions to alleviate the two story impact; and
c. As a condition of the subdivision approval, the Developer and City Council
agreed that the home on Lot 1, Block 2 Ivy Falls South would be limited to 1%2
stories in height;
d. The plan submitted by the Developer shows a two story elevation from the front
of the home and three levels from the rear;
e. At the April3ra and the April 17th, 2001 City Council meetings, many neighbors
from the Cherry Hills neighborhood voiced opposition to the height of the
proposed home as it does not meet the intent of the original Agreement.
f. The Council has found that no design brought forward to date meets the intent of
the height limitation placed in the Single Family development Agreement signed
by the Developer and the City on June 12, 1995.
BE IT FURTHER RESOLVED that the applicant is allowed ninety (90) days from the date of
this resolution to submit a revised plan for the home on Lot l, Block 2 Ivy Falls South that meets
the criteria set forward in the Single Family Development Agreement, with no additional
administrative fees.
Adopted by the City Council of the City of Mendota Heights this 17th day of April 17, 2001.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Charles E. Mertensotto
Mayor
ATTEST:
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K thleen M. Swanson
City Clerk