Res 1979 -119 Denying Request of David A. Van Landschoot for Subdivision of Lot 18, Linden Addition & Variances with Respect Thereto�" , s �
City of Mendota Hei.ghts
Dakota County, Minnesota
RESOLUTION N0. 79-119
RESOLUTION DENYING REQUEST OF D�VZD A. 'VAN L�NDSCHOQT
FOR SUBDIVISION OF LOT 18, LINDEN ADDITTON AND
VARIANCES WITH RE5PECT THERETO
WHEREAS, David A. Van Landschoot has applied for permis'sion to sub-
divide Lot 18, Linden Addition, Dakota County, P�innesota, into two
separate lots, and �
WHEREAS, a prior application to subdivide said Lot 18 of Linden
Addition was denied by the City Council on July 6, 1976�, and
WHEREAS, it was reported to the City Council that the applicant,
David A. Van Landschoot, was advised of the prior denial of said
subdivision request at the time of his purchase of saidlLot 18, and
WHEREAS, said David A. Van Landschoot, in con�iection wi
division request, has also requested the foll�owing vari
and
1) A requested variance to allow construction on
thirty-foot public right of way as opposed to a s
public right of way as required by the City ordin
said sub-
es:
ty-foot
ces.
2) A requested variance to the Wetlands Ordinancelto
allow construction of a home within 85 feet of the wetlands
area rather than a minimum of 100 feet from said wetlands
area all as required under the provisions of the City's
Wetlands Ordinance.
3) A requested variance to the front yard setbacklrequire-
ments to allow construction within 23.5 feet of a public
right of way rather than 30 feet as required by the City's
Zoning Ordinance. �
WHEREAS, it has come to the attention of the City Council that in
excess of 400 cubic yards of fill have been added to said Lot 18
without the obtaining of a conditional use permit as reguired by
the City Zoning Ordinance, and �
WHEREAS, Rogers Lake has had a history of flooding and that a risk
of temporary flooding along the lake shore continues tolexist after
heavy rain fall even after construction of the Rogers Like level
control device, and
WHEREAS, a thirty-foot right of way �or stxeet pu�poses�such as �n
the case of Cheri Lane presents problems of tra���c safe.t��and con�
venience and furtfier presents problems relative to snoiremoval,
and
WHEREAS, the City Council finds that the proposed su�divis�pn o�
Lot 18, Linden Addition, together with the requested va��ances:
1) Would be contrary to the City's comprehensive
2� Would not be in keepi.ng with the present and
character ancl future development of the area in
the property is located.
lan.
ected
h
3�_ Fail to disclose conditions relative to the property in
question which are peculiar to such property and which do
not apply to other properties bordering on Rogers Lake.
4�. Would be contrary to the health, safety, and welfare
of the community.
5) Would present adverse safety and traffic condi�tions.
6) Are requested because of a change in the condition of
the property which was created by the applicant and/or his
predecessor in interest and does not constitute a natural
physical condition attributable to the land which would
form a basis for any claim of hardship.
7) Would not be necessary for the preservation and. enjoy-
ment of a substantial property right of the applicant.
8) �ahile it would serve as a convenience to the applicant,
there has not been a showing of exceptional•circum'stances
or conditions which would make the granting of th.e applica-
tion necessary to alleviate any practical difficulties
or particular hardships to the applicant.
and
WHEREAS, the City Council finds that the granting of the application
would impair the intent and purposes of the City's ordinances and
comprehensive plan, and I
WHEREAS, a hearing has been held on such requested appl�.cation and
all persons in favor and opposed to the granting of said applica-
tion have had the opportunity to submit their comments and positions
to the City Council. I
NOTnl THEREFORE, IT IS HEREBY RESOLVED by the City CouncilL of the City
of Mendota Heights, Minnesota, as follows:
1) Based on the considerations set forth above, and
based on all of the files, records and proceedings{herein,
it is hereby determined that the application for al
� � O
subdivision and the variances descxibed aiaove be
they are hereby in all respects den�ed. �
Adopted by the City Council of the City of Mendota Hea.ghts th�,�
20th day of November, 1979. I
C�TY COUNCIL
CITY OF MENDOTA HET
BY /�� /�l � oc.Cr�
Robert G. Loc
_ Mayor
ATTEST:
��r � � %1,.
K thleen M. Swanson
City Clerk
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