Res 2017- 41 CUP Variance 1023 Delaware AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-41
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE
TO ALLOW LARGER GARAGE WITH REDUCED SETBACKS
(1023 DELAWARE AVENUE)
WHEREAS, Jason (Jay) and Alicia Jacobs (the "Applicants") have applied for a
conditional use permit to exceed the maximum allowed size of a detached garage in the R-1
District, and a variance to allow a reduced setback for said accessory structure for the property
located at 1023 Delaware Avenue, as proposed in Planning Case 2017-07, and described in the
attached Exhibit A; and
WHEREAS, the Applicants propose to remove an existing 18' x 22' single-car garage
and reconstruct a new 812 sf., two-car garage near the same location with a reduced setback from
10-ft. down to 3-ft. from the north property line; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of May 23, 2017; whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (by 4-1 vote) of the
conditional use permit to exceed the maximum allowed size of a detached garage in the R-1
District, and a variance to allow a reduced setback for said accessory structure, with certain
findings of fact and conditions noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
conditional use permit to exceed the maximum allowed size of a detached garage in the R-1
District, and a variance to allow a reduced setback for said accessory structure for the property
located at 1023 Delaware Avenue, as proposed in Planning Case 2017-07, are hereby approved
with the following findings of fact:
A. The existing use of the subject parcel as a single-family residential dwelling is
consistent with the City Code and Comprehensive Plan.
B. The planned development and use of the 812 sq. ft. detached garage is considered
a reasonable request, and is consistent with the City Code and Comprehensive
Plan.
C. The proposed garage use will not be detrimental to the health, safety or general
welfare of the community; should not cause any serious traffic congestion nor
hazards; will not seriously depreciate surrounding property value; and said use
appears to be in harmony with the general purpose and intent of the City Code
and the comprehensive plan.
D. The proposed garage and structure will be compliant with the conditions included
in the City Code that allow it by conditional use permit.
E. The variance requested under this application and layout plan meets the tests in
the code for practical difficulties and appears to be a reasonable request per City
Coe and State Statute that prescribe the authority of municipalities to grant such
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variances.
The variance will not alter the essential character of the neighborhood.
The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
The new garage represents reinvestment in a residential neighborhood that is
consistent with the Comprehensive Plan's goals for residential land uses.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
conditional use permit and a variance for the property located at 1023 Delaware Avenue, as
proposed in Planning Case 2017-07 are hereby approved with the following conditions:
1
2
No part of the upper storage section of the garage shall be used for livable or habitable
space.
The applicant shali obtain a building permit prior to any demolition, excavation or
construction of the new garage addition.
3. All grading and construction activities as part of the proposed development shall be in
compliance with applicable federal, state, and local regulations and codes, as well as in
compliance with the City's Land Disturbance Guidance Document.
4. The proposed detached garage shall be constructed in compliance with the applicable
City Code performance standards noted in Section 12-1I.
Adopted by the City Council of the City of Mendota Heights this 6th day of June, 2017.
ATTEST
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Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Neil Garlock, Mayor
Res 2017-41 Page 2
EXHIBIT A
Property Address: 1023 Delaware Avenue, Mendota Heights MN
PID: 27-47700-01-100
Legal Description: Lot Six (6), Lot Seven (7), the South One Half (S 1/2) of Lot Five (5), the
East Ten (10) feet of Lots Eight (8), Nine (9) and the South One Half (S
1/2) of Lot Ten (10), all in Block One (1), P.R. McDONNEL'S
ADDITION TO SAINT PAUL according to the plat thereof on file and
recorded in the office of the Register of Deeds, Dakota County, Minnesota
Res 2017-41 page 3
Receipt:# 528548 7$5533
RES $46.00
Return to:
CITY OF MENDOTA
HEIGHTS
1101 VIGTORIA CURVE
MENDOTA HEIGHTS MN
SS116
IIIIII IIIII IIIII IIII) IIIII IIIII III) IIII
Recorded on: 11/2012017 9:47 AM
By: JAR, Deputy
Cert # 126523
Office of the Registrar of Titles
Dakoka County, Bllinnesota
Joel T. Beckman, Reyistrar of Titles
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