Res 2017- 57 Denying Prelim Plat Orchard Heights, Variance and Wetlands PermitCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-57
RESOLUTION DENYING A PRELIMINARY PLAT OF ORCHARD HEIGHTS
AND THE RELATED VARIANCE AND WETLANDS PERMIT
FOR PROPERTY LOCATED AT 1136 & 1140 ORCHARD PLACE
WHEREAS, Marcel Eibensteiner of Royal Oaks Realty (the "Developer"), acting on
behalf of Marilyn Olin and David Olin (the "Property Owners") has applied for a preliminary
plat to be titled "Orchard Heights", along with a related variance to exceed the normal length of a
cul-de-sac roadway and wetlands permit for work in and around an established water feature, as
proposed under Planning Case 2017-14, located at 1136 and 1140 Orchard Place (the "Subject
Property"), and legally described in Exhibit A; and
WHEREAS, on June 27, 2017, the Mendota Heights Planning Commission held a public
hearing on this plat and related application at their regular meeting of, whereby a planning staff
report was presented and received by the commission, comments from the general public and
Developer were received and noted for the record, and whereupon closing the hearing, the
Planning Commission recommended to table this matter to the July 25, 2017 meeting; and
WHEREAS, on July 25, 2017, the Mendota Heights Planning Commission received a
supplemental planning staff report and an updated presentation regarding this new subdivision
plat matter, re-opened the public hearing and allowed additional comments from the general
public and Developer, and whereupon closing the hearing the Planning Commission offered a
motion and seconded to approve the plat and related applications, but said motion failed on 2
votes for and 3 votes against said adoption, which thereby constitutes a recommendation of
denial.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the applications for Preliminary Plat of Orchard Heights, along with the related Variance and
Wetlands Permit as proposed under Planning Case 2017-14, are hereby denied with the
following findings of fact as determined by the Council:
1. The proposed development and re-platting of the Subject Property into 18 new
single family lots with a longer than normally allowed cul-de-sac roadway, is not
in harmony with the general purposes and intent of the Code, and appears to be
inconsistent with the surrounding single-family developments.
2. The practical difficulties associated with the variance request is not unique to the
property; and the Developer has not provided a sufficient basis, reasoning for a
variance; nor met a clear burden of proof in establishing that a variance for the
extra-long cul-de-sac roadway is warranted.
3. The Developer has not accepted other alternatives or options for creating
additional roadway (right-of-way) connections from the plat, including a possible
pedestrian access/escape route and/or public safety vehicle trail system, similar to
other long cul-de-sac developments with the City, which could possibly eliminate
the need for the variance.
4. The layout and sizes of the lots as presented under the preliminary plat, although
recognized as meeting City Code minimum standards, does not match with other
adj acent or abutting single family lot sizes, and appears to be inconsistent and out
of character with the neighborhood.
5. The proposed road grades in excess of 6% are not acceptable.
6. The depths of the proposed sanitary sewer and water utility lines, which would
become public-owned once the city accepted all utility work under the
development, are too deep and would hinder or hamper future maintenance work
by the City should any work or repairs be needed; plus the addition of new
sanitary grinder pumps for some of the new residential homes causes concern of
maintenance and possible system failures related to these private systems, which
are normally not found or installed in other single family residences throughout
the city. Therefore, the plans for the utility systems are not acceptable.
Adopted by the City Council of the City of Mendota Heights this 15th day of August, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Neil Garlock, Mayor
ATTEST:
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Lorri Smith, City Clerk
Res 2017-57 l�age 2
EXHIBIT A
Legal Description —1136 Orchard Place
PID: 27-54150-01-010
Lot 1, Block l, Olin Addition, Dakota County, Minnesota
: �
Legal Description —1140 Orchard Place
PID: 27-54150-01-020
Lot 2, Block 1, Olin Addition, Dakota County, Minnesota
Res 2017-57 page 3