Res 1995 - 61 Approving a Variance Allowing Construction of a 3 Story Single Family Residence in the Critical Area Overlay DistrictCity of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 95- 61
RESOLUTION APPROVING A VARIANCE ALLOWING
CONSTRUCTION OF A THREE STORY SINGLE FAIVIILY
RESIDENCE IN THE CRITICAL AREA OVERLAY DISTRICT
WHEREAS, Bernard T. Stroh (the "Applicant") has applied to the City of Mendota Heights (the
"City") for a variance relating to the construction of a single family home within the Critical
Area Overlay District at that certain property located at 1128 Sibley Memorial Highway and
legally described as the West 35 feet of Lot 10 and the East 25 feet of Lot 11, Beaudette
Addition, and the vacated "O" street adjacent, Dakota County, Minnesota (the "Site");
WHEREAS, the City Council deems that the Site is unique and creates a practical difficulty for
single family residential construction because of its sloping and wooded nature;
WHEREAS, the City Council deems that the impact on the sloping and wooded nature of the
Site is minimized and the wooded character of the corridor is preserved by stepping the proposed
single family° residence up the hillside on the Site, in accordance with the ApplicanY s site plan
(the "Site Plan"), thereby reducing the amount of tree removal and grading;
WHEREAS, the City Council deems that the Site Plan also minimizes any negative impacts on
the natural sunoundings and will not impact the view or sight lines of neighboring properties;
WHEREAS, the City Council deems that the proposed single family residence described in the
Site Plan will not detrimentally affect the surrounding property values or the rights of other
neighboring home owners;
WHEREAS, the City Council deems that the granting of the conditions contained herein are
consistent with the management policies of the Critical Area Overlay District as contained in the
Critical Area Overlay District Ordinance; and �
WHEREAS, the City Council deems that there is a public benefit in preserving the majority of
the Site by allowing the design of the proposed single family residence to exceed the height
requirements of the Critical Area Overlay District Ordinance in accordance with the Site Plan.
NOW, THEREFORE, be it hereby resolved that the City Council of the City of Mendota
Heights hereby grants the following height variance from the Critical Area Overlay District
Ordinance, subject to the following conditions:
1. Variance. A one-story height variance for the Site allowing a three-story single family
residence, in accordance with the Site Plan, instead of the required two-story limit for single
family residences.
2. Code Enforcement Officer Review and Ap rp oval. The following matters shall be
submitted to the Code Enforcement Officer of the City and must be approved by the Code
Enforcement Officer, in his sole discretion:
a. a soil boring, grading and erosion control plan for the Site;
b. a drainage plan showing the drainage under the driveway at the Site; and
c. a plant restoration plan for the Site.
3. Snow Fence. The Site Plan must be supplemented to provide a plan for the installation
of a snow fence to protect existing trees at the Site and such plan must be acceptable to the Code
Enforcement Officer, in his sole discretion.
4. Foundation Size and Iiei�ht of Single Family Residence at the Site. The variance
granted herein shall automatically terminate and be of no further force and effect in the event
that either the foundation footprint of the single family residence or the keight of the single
family residence is increased from the foundation footprint and height parameters set forth in
the Site Plan cunently on file with the Code Enforcement Officer.
Adopted by the Mendota Heights City Council this 21 day of November, 1995.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �„�" `,,.� �- G�%`''�".�s
Charles E. Mertensotto, Mayor
ATTFST:
��
K een M. Swanson, City Clerk
1'his instrument was drafted by:
WINTHROP & WEINSTINE, P.A.
3200 Minnesota World Trade Center
30 East Seventh Street
St. Paul, Minnesota 55101
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