Res 1993 - 14 Approving the Patrick Lot Division & Variance for Lots 11 & Outlot A, Mendota Woods1
CITY OF MENDOTA HEIGHT5
DAROTA COUNTYa MINNESOTA
RESOLUTION N0. 93- 14'
A RESOLUTION APPROVING THE PATRICK LOT DIVISION AND VARIANCE
FOR LOTS 11 AND OUTLOT A, MENDOTA DVOODS
WHEREAS, Mr. Stephen Po Patrick and Ms. Jana Patrick owners of
Lot 11 and Outlot A, 1�lendota Woods, have requested from the City to
divide the southerly 20 feet of Lot il and add it to Outlot A; and
�1HEREAS, Outlot A is a land locked parcel and needs a variance
from the City's Zoning Ordinance requirement that all lots have
frontage on a public street; and
WHEREAS, the City Council has reviewed said lot division and
variance request.
NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of
the City of Mendota Heights, Minnesota that the lot division and
variance request submitted at this meeting be and the same is
hereby approved with the following Finding of Fact and conditions:
Finding of Fact:
The variance is approved based on the hardship that Outlot A
was platted to be included with the Centex Development as a
Manor Home (multi-family) lot and through no fault of Mr.
Patrick, Centex declined to develop the lot as a manor home.
Condition•
1. Execution and delivery of a Developer's Agreement in the
form as attached to this Resolution titled Exhibit A.
Adopted by the City Council of the City of Mendota Heights this 2nd
day of March, 1993. -
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �� � ��
Charles E. Mertensotto
Mayor
ATTEST:
.�._ /u
K thleen Me Swanson
City Clerk
uai � ui ya i c..��� rnn u i c w:ic 0:14U n�nIVUU 1 N nr. i i�n �� -+-�-� ntrnK HKI.Ii I'I h.�:l'� � UUZ
i
EXHIBIT A
AEVTLOPr�'S AGRE:EMENT
MENDOTA WOODS LOT DTVISION
PLANNING CASE NO. 92-25
THIS DEVELOPER'S AGREIIV�TT for the Mendota Woods Lot Division, Planning
Case No. 92-25 has been entered into this ��ay of _ M.� A�G f�,1993, by and between
STEPFiEN P, AND 7ANA PATRICK, 2530 Arbor Court, Mendota Heights, MN 55120
(hereinafter jointly the "Developers") and CITY OF MENDOTA HIIGHTS, DAKOTA
COIJNTY, NIINNFSOTA, a municipal corporation, 1101 Victoria Curve, Mendota Heights,
Minnesota (hereinafter called the "City"}.
WITNESSETH:
W�REAS, the Develogers by Application dated and filed August 18, 1992, have
applied to the City of approval of the following:
A. A lot division that adds th� southerly most twenty feet (20') of Lot 1], Mendota
Woods plat to Outlot A.
B. A variance to allow development of Outlot A which has no frontage on a public
street as required Uy the City's Zoning Ordinance to be developed as a singl�
family lot.
C. A wetlands permit that allows the edge of the driveway serving these lots to be
within eighty feet (80') of the wetlands.
and
Wi�REAS, the Plan was reviewed and recommended for approval by the City Planning
Commission at their October, November, December, 1992 and 7anuary 1993 meetings, subject
to certa.in couditions; and
WHEREAS, the plan was then reviewed and approved by the City Council on February
16, 1993 and March 2, 1993, subject to certain conditions set forth on Resolution No. 93-_,
A RESOLUTION APPROVING THE PATRICK LOT DIVISION A1�TD VARIANCE FOR
LOTS 11 AND OUTLOT A, MENDOTA WOODS, attached hereto; and
ti'VFIEREAS, the Devel6pers have agreed that they shall comply with and conforsn to the
conditions specif'ied herein. -
. (1)
�
�
UJ/ 1 U/ YJ 1 G. J I hHA U 1 L 4bL A:f4U OIh.NUU'I H nr.l lili 1� '�yy nnnrc HKIiH 1'I'h.l:l'7 L{/� 11U:1
NOW THEREFORE, the Developers covenants and agrees to develop and maintain the
property, subject to the following terms and conditions:
1. The Developers shall provide a forty foot (40') wide driveway easement
extending across I.ot 8, Mendota Woads plat from Arbor Court easterly to serve
Lot 11 and Outlot A as shown on Certificate of Survey prepared by B. G. Rud and
Sons, Inc. and dated Febauary 15, 1993, attached as Exhibit A.
2. The driveway serving the lots shall be a gravel driveway a minimum of twenry
feet (20') wide located within the forty foot (40') driveway easement. The
driveway will be constructed so as to be able to carry the weight of a 22 ton fire
apparah�s. •
3. The Developers shall cause to have the driveway maintained in u good condidon
and to a level that always provides a smooth easily passable surface.
4. The Developers shall construct and maintain a thirty-three foot (33') radius
iurnaround as shown on plans submiited for the February 2, 1993 City Councit
meeting.
5. Access to Lot 8, 11 and Outlot A is currently by two driveway access openings,
the Developers shall eliminate one of these accesses and serve these three lots by
means of a single curb cut. '
G�
7.
The Developers shall be responsible for insuring tbat the driveway construction
is completed according to the plan as stated above.
The Developers shall pay the City a park dedication fee of $750 for developing
Outlot A as one single family lot.
8. Ouflot A was never assessed for utilities, the Developers acknowledge that a
connection charge of $6,b44.00 shall be paid prior to hooking into the City's
sanitary sewer and water system.
�
10.
Appropriate signage showing the address of each of the lots and indicating lhat
the driveway is private shall be installed.
A decorative guard rail shall be installed on top of the new retaining wall as
shown along the driveway.
11. The provisions of this Agreement shall be binding upon and enforceable against
the Devclopers, thcir successors and/or permitted assigns, of the property
described herein. Notwithstanding fhe foregoing, this Agreement shall not be
assignable by Developers to any third party.
�2)
` �...� ���i:,.� �c..ic rnn uic ti.ic 0.7M1/ mrdr�ni�n nr.ibn�a y-�y onntt nit�.nllr.l.lA Ly,JUU4
12. Developers acknowledge that an the event the Developers fail to perform their
obligations hereunder the City may, in addition to any other rights and remedies,
seek speciFc performance of Developers' obligations hereunder.
The Developers shall reimburse the City for any costs and expenses, including
without Iimitation attorney's fees, paid or incurred by the Ciry in enforcing
Developers' obligations hereunder.
13. Developers covanants hereunder shall run with the ]and and shall be binding on
the heirs, successors and assigns of Davelopers. i7ie covenants contained herein
shall not be amended without the prior writtan consent of the Ciry.
IN WITNESS WIIEREOr, the parties hercto hava set their hands and seals as of the
date and year first above written.
CITY OF MENDOTA HEIGFiTS
�� �. �
Charles E. Mertensotto, Mayor
.�1 1��.��-
K thleen M. Swanson, Ciry Clerk
n
0
.... .�...� ..... ..... ..... ....�., uu.��uv�n �n.��su�.s v-.-. �inu�� n���.u� �r.�.�.o y�u��o
STATE OF T�IINNPSOTA )
)ss. -
COUNTY OF G(.�'�/u� , �J
T'l�e foregoing was acknowledged before me this '�' day of i�%
19�, by Stephen P. Patrick and Jana Patrick, husband and wife, the peasons described above
and who executed the foregoing instrument as their own free act and deed.
��'�'�;�, .��' G�C��.
Notary Public
My Commission Expires: �a �ao� 9�
THI5 INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
City of Mendota Heights
1101 Victoria Curve
Mandota Heights, Minnesota 55118
(4)
. .
�� DIANE F. WARD
� � NOTARY PUBLlC—MIN4ESOTA
t$"� MywCo�mmINEGpir�esNfe�U�
Y �