Res 1994 - 41 Approving Conditional User Permit for R.L. Johnson Warehousem
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NOo 94- 41
RESOLIITION 1e,PPRO\iING CONDITIONAL IIS}3 PERbdYT FOR R o L o JOI�SON DAAREHOUSF
WHEREAS, Mro David Constable, of Winston General Partnership,
a Minnesota Corporation (�the "Owners"),,is representing the Owners
of that certain property located 2360 Pilot.Knob Road and legally
described on Exhibit A attached hereto �(the�"Property"); and
WHEREAS, the owners lease the Property to R.L. Johnson
Warehouse (the "Tenant") for office/(bulk) warehouse (the "Use");
and
WHEREAS, the Minnesota Department of Transportation has
acquired additional right-of-way from the Owners for relocation of
Highway 13, the widening of Highway 55 and the realignment of Pilot
Knob Road; and
�HERI�,So said partial loss of the property to the Minnesota
Department of Transportation places the Property and the Use into
a non-conforming status with respect to required green area,
building setback, sign setback and parking spaces required; and
WIiEREAS, the Owners and Tenant have applied to the City of
Mendota Heights, a Minnesota municipal corporation (the "City") for
variances to the City's requirements for green space, building
setback, sign setback and parking spaces in order to keep the
Property and the Use in conformance with the City's zoning
ordinances; and
WHEREAS, the City's Planning Commission has conducted the
requisite public hearings and reviews with respect to the subject
application at their March 22, 1994 meeting.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Mendota Heights, as follows:
1) Conditional Use Permit. The City Council of the City of
Mendota Heights grants a Conditional Use Permit (the "CUP") for the
purpose of enabling the following variances (the "Variances"),
which Variances are granted solely for the purpose of accommodating
the Use:
a. A landscape/green area variance to allow 16.8� coverage;
and
b. A building setback variance of twenty two feet (22') to
allow an eighteen foot (18") front yard setback; and
c. A sign setback variance to allow a sign at a twenty foot
(20') setback from the front property line; and
d. A parking requirement variance to allow only 276 parking
spaces.
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with the following conditions:
i. That four light standards be used; and
ii. That the existing variance to the height of the current
fence be carried over to the new fence that will be
installed; and
iii. That the applicant agree to connect all parking lot
drainage to the storm pond on sitee
2) ExQiration. The CUP and the Variances shall terminate,
expire and be of no further force and effect upon cessation of the
Use. The Use shall be conclusively deemed to have ceased if the
Property is not used and open as an office/(bulk)warehouse for any
period of 12 consecutive months,
Adopted by the City Council of the City of Mendota Heights this
21st day of June, 1994e
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �,,.� �. .....�r
Charles E< Mertensotto, Mayor
...ATTEST:
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K hleen M. Swanson, City Clerk
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EXHI(3IT 'Q"
Legal Dcscription oi' Land: A11 that part of Covcrnment LoL 2, Section 3h,
Totirnship 28, Range 23, deseribed as follo�rs: Eleginning at a point 233.00
fcet south ot' the North�vest Corner of said Covernment Lot 2 and 934.76 fcet
East of the 1Yest line oi' above-mentioned Covernment Lot 2, �vt�ich point is
cstablisl�ed with an Iron Monument; thencc continuing East 398.91 feet to tl�e
lYcst Right-o'f-IVay line of Statc Trunk Highway �55; thence 75.'10 feet to the .
right along saici Rial�t-of-Iti'ay line (Radius of curve 1547.69 feet) to an Iron
t4onumenL•; thcnce South 41°0�' East a distance of 182.79 fect, along said
Itight-of-IYay line, to an Iron t4onument; thence IYest, parallel nith aforesaid
Nortli linc of Covcrnmcnt Lot 2 a'distance of SG7.27 feet to an Iron t4onument
thence North, parallcl with tt�e IYest line of Covcrnment.Lot 2 a distance ut°
195.43 feet to the point of beginning.
Thit part of Covernment Lot 2 oi' Section 34, Totivnship 28, Range 23, described as
follotr•s, to-wit: Commencinq at tl�e inL•ersection of the northerly line of tl�c
Chicago, 't4il��aukee, St. Paul and Pacific Ftailroad and the �vest line of said
GovernmcnL Lot 2, thence northerly along said �vest line to its intcrscction
�r•iLh tlic southerly righ� of way line of S.T.H. No. 13, thence Northeasterly
along said Southcastcrly ri,ht ot �ray linc to a point �vhich is 233 feet south
ot thc IJorth line of said Covernment Lot 2, thence East parallel K•ith the idorth
linc of said Covernment Lot 2, to a point tivhich is 934.7<, fcet East of the
11'cst line oT said Covernmant Lot 2, tf�cnce South parallcl to thc �'�cst line of
said Covernment Lot 2, a distance of 195.43 1'eet thence East para11e1 to thc
fdorth linc of said Govcrnment Lot 2, to a point �sfiich is 1002.03 fcct East of
tt�c 1�'c�st linc of said Government Lot 2, thence soutl� and parallel to thc 11'est
linE of said Covcrnment Lot ?., a distancc of 895.G0 fect to a point on thc�
td�rti�crly right oi �ray of tt�c Chicago, hiil►vaukcc, St. Paul and Pacific Railro�d,
thence tJorth�vesterly alonc� said F�ortlierly Right of lYay line to tl�c point of
beginning.