2017-11-28 Planning Comm Agenda Packet
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION AGENDA
NOVEMBER 28, 2017 – 7:00 p.m.
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Adopt Agenda
4. Approval of October 24, 2017 Planning Commission (Regular Meeting) Minutes
5. Public Hearings:
a. Case No. 2017-28: Lot Split request for property located at 697 Wesley Lane
(Keith Schweiger – Applicant)
b. Case No. 2017-29: Conditional Use Permit for Over-Sized Garage and
Wetlands Permit for property located at 2260 Wagon Wheel Court (Gonyea
Homes – Applicant on behalf of Jason & Thomasine Eggers- Owners)
6. Staff Announcements / Update on Developments
7. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less
than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may
not be possible on short notice. Please contact City Hall at 651.452.1850 with requests.
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 10
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
October 24, 2017
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 27,
2017 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr., Commissioners John
Mazzitello, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel. Commissioner
Doug Hennes was absent/excused.
Staff Present: Consulting Planner Phil Carlson (Stantec), Community Development Director Tim
Benetti, and Public Works Director Ryan Ruzek.
Approval of Agenda
The agenda was approved as submitted.
Approval of September 26, 2017 Minutes
COMMISSIONER JOHN MAZZITELLO MOVED, SECONDED BY COMMISSIONER
TOTH, TO APPROVE THE MINUTES OF SEPTEMBER 26, 2017, AS PRESENTED.
AYES: 6
NAYS: 0
ABSENT: 1 (Hennes)
Approval of October 11, 2017 Special (Workshop) Minutes
Chair Field noted that this particular meeting was not recorded but as the Comprehensive Plan,
which was the main topic of the workshop session, is a critical part of the Commissions work that
they approve the minutes for the record.
COMMISSIONER JOHN MAZZITELLO MOVED, SECONDED BY COMMISSIONER
TOTH, TO APPROVE THE MINUTES OF OCTOBER 11, 2017.
Commissioner Mazzitello pointed out a quote on page four that was not closed; typographical error
of the minutes. Commissioner Magnuson also noted that Goal 3 seemed to have an incomplete
sentence. Staff agreed to make these adjustments.
Commissioner Noonan abstained from voting as he was not present at the workshop meeting.
AYES: 5
NAYS: 0
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 10
ABSTAIN: 1 (Noonan)
ABSENT: 1 (Hennes)
Hearings
A) PLANNING CASE #2017-26
SEAN HOFFMAN, 711 WOODRIDGE DRIVE
CRITICAL AREA PERMIT
Community Development Director Tim Benetti explained that Mr. Sean Hoffmann was seeking a
critical area permit to construct a new cedar-wood pergola fence and remove some invasive trees
in their rear yard. The property is located in the Mississippi River Corridor Critical Area, which
requires a critical area permit for all development activities requiring a building permit or special
zoning approvals.
As this is a public hearing item, notices were posted in the local Southwest Review and letters were
mailed to owners within 350 feet of the subject property. Staff received one inquiry from a
residential neighbor. After responding to the question over the phone the neighbor was very
pleased that nothing was being done physically in the bluff area as far as any grading or any
additions. She then stated that she had no issues with the request.
Mr. Benetti shared aerial images of the property and pointed out its location in proximity to
residential streets, the neighboring properties, and the critical area bluff line edge. The property is
0.66 acres in size and contains a 2,870 square foot single story residential dwelling.
In June 2014 a landslide event occurred in the bluff area a couple houses down from this property,
resulting in the installation of a very large and expensive concrete retaining wall by that
homeowner. Mr. Hoffmann indicated that a similar landslide event took place almost 17 years ago
on his property, which also resulted in the installation of concrete block retaining walls in the bluff
area. Some of the requested work would be to help facilitate protection of these wall features.
Mr. Hoffmann would like to remove some box elders (approx. 1 to 1.5 inches in diameter) along
the backside of the wall, 5-6 Sumac Shrubs, two Siberian Elms, and an Amur Maple; of which are
considered undesirable and invasive plants.
Mr. Benetti explained that the desired pergola structure would be installed and anchored on the
existing concrete patio and no part of the bluff line would be affected by this installation. No
grading or soil disturbance or excess vegetation removal would occur as part of this project.
Mr. Hoffman also asked to put in up an open, cable-wired style fence along the backside of the
bluff line, basically where the lawn meets the bluff line. This would be an added safety measure
for his young children playing in the rear yard, as the drop-off from the edge of the lawn at the
bluff line is severe and the grades are very steep.
As part of this analysis, staff did look at the plans to prevent and mitigate irreversible damage,
promote orderly development, and to preserve and enhance the Critical Area’s value. Mr. Benetti
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 10
also shared the pertinent provisions in Section 12-3-7 of the code as it pertains to this request and
how the plans meet those provisions and standards.
The pergola, although it is a structure per se, it does not require a building permit as it does not
fall under the building code regulations. The city’s building official determined that a pergola, no
matter the size, because it does not have any extraneous code enforcement or code measures it
becomes more of a landscape feature. Therefore, they do not need a building permit for the pergola;
however, they will need a fence permit.
The planned fence is cable-wired fence which would provide much better views through the fence;
meets the 30% opacity standards; and should be less obtrusive or noticeable from the adjacent
properties and; therefore, is in general compliance of the Critical Area standards for new features.
Staff sent the application materials to the Minnesota Department of Natural Resources (DNR) and
to the City of St. Paul Parks and Recreation Department. The DNR acknowledge receipt of the
application request and had no objections. They did provide recommendations related to the future
maintenance or prevention of vegetation growth near the retaining wall (sprayed with herbicide).
No comments were received from the City of St. Paul Parks and Recreation Department.
Commissioner Noonan asked why staff recommended that the trees and vegetation removal be
performed by qualified tree and landscaping professional/firm as there are many homes in there
that may not be in the bluff area but are under undertaking significant tree removal to deal with
invasive species and such. It seemed to him that it worked against the whole notion of looking
after their own property and the sweat equity that could be put into their own property. Mr. Benetti
replied that this condition may be more of a holdover from the first case he worked on when he
came to work for the City of Mendota Heights. In that case, he worked with Consultant Planner
Phil Carlson who heavily supported the fact that, in that case, the work that had to be done on that
property should have been done by a professional landscaper. Mr. Benetti had been carrying that
over since then and since Mr. Hoffmann had indicated that is landscaper or lawn professional was
going to do the work, he left it in there as an add-on condition. However, it is his property and he
could do the work himself if he wanted to.
Commissioner Magnuson, stating that she did not want to over-lawyer this, asked that if the
Commission decided that the pergola is not a structure within the meaning of the critical area
permit, shouldn’t they just take it out of the findings entirely. Mr. Benetti replied that the
Commission could remove it if they wished. Commissioner Magnuson read condition #5 in part;
“the proposed wooden pergola features does not increase the extent (livable space) or height of the
existing principal structure” and noted that it seems to say that it is a structure but it complies with
the critical area code. That would mean that the City would have to conclude that the patio was
part of the existing structure and she was unsure that it was. Mr. Benetti agreed that this portion of
the condition could be removed if the Commission wished.
Commissioner Magnuson then asked if someone were to build a landscape feature in their yard,
would they have to get a critical area permit. Mr. Benetti replied that it would depend on what they
were doing; the extent of their work. If a property owner were building a structure – like a shed or
such like – that would require a permit.
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 10
Commissioner Toth asked for confirmation that the existing retaining wall was built approximately
17 years ago, which Mr. Benetti provided. He then asked, as the trees continue to grow, if there
were currently any signs of failure to that wall. Mr. Benetti replied that he looked at the retaining
all from the road and did not see any signs on the main (bottom) wall. He also noted that the request
does not contain any engineering of the wall; he simply wanted to remove existing plantings to
prevent future damage.
Chair Field opened the public hearing.
Mr. Sean Hoffmann did not have any additional comments to add to the staff report.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1 (Hennes)
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO
RECOMMEND APPROVAL OF PLANNING CASE 2017-26, CRITICAL AREA PERMIT
APPLICATION BASED ON THE FOLLOWING FINDINGS OF FACT, AS AMENDED:
1. The proposed project meets the purpose and intent of the Critical Area Overlay District,
and is consistent with the general policies and objectives of the comprehensive plan;
including (but not limited to) the following goals and statements:
a. Maintain and enrich the mature, fully developed residential environment and
character of the community.
b. Enhance and protect the natural and living environment.
c. Provide for maintenance and further natural restoration of ecological systems.
d. The prevention and mitigation of irreversible damage to (the MRCCA) and the
preservation and enhancement of its natural, aesthetic, cultural and historic values
is in furtherance of the health, safety and general welfare of the city.
2. The Applicant will make a concerted effort to remove a minimal number of invasive trees
on the subject property; and keep and preserve existing significant trees in and around the
bluff line area.
3. The work proposed involved is reasonable and within the spirit and intent of the Critical
Area.
4. The proposed work is in keeping with the character of the area.
5. The new fence [and pergola feature] will not be obtrusive or detract from any views from
nearby properties; and the proposed wooden pergola feature does not increase the extent
(livable space) or height of the existing principal structure.
AND WITH THE FOLLOWING CONDITIONS:
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 5 of 10
1. Removal of trees and vegetation, including any invasive trees or unsuitable vegetation must
be performed by qualified tree and landscaping professional/firm.
2. Removal of trees and vegetation limited to the box elders near the bottom retaining wall;
the two (2) Siberian Elms and one (1) Amur maple located near the top edge of the bluff
line; the sumac shrubs along the top edge of the bluff line; and any buckthorn or other
undesirable invasives that may be present or evident during removals.
3. All work on site will only be performed between the hours of 7:00 am and 7:00 pm.
4. A separate fence permit must be obtained prior to fence installation work.
Commissioner Noonan explained his reasoning for the removal of Condition #1 by stating that on
two separate occasions the Commission had included that type of condition largely in the case of
individuals jumping the gun – getting in and doing substantial and intensive removal of vegetation
and the Commission felt that in order to mitigate the impact that was done they needed to bring in
a professional firm. Chair Field replied that leaving this in would create the folklore that it is
required on all; this is a distinction properly made. However, if Mr. Benetti feels in a particular
case that it is warranted, he should not be shy about making that recommendation. All agreed.
Transcriptionist note: [ ] = insertion of text; strikethrough = deletion of text
AYES: 6
NAYS: 0
ABSENT: 1 (Hennes)
Chair Field advised the City Council would consider this application at its November 7, 2017
meeting.
Mendota Heights 2040 Comprehensive Plan Update
A) CONTINUED DISCUSSION OF PROPOSED VISION, MISSION STATEMENT, &
GOALS/POLICIES
Consulting Planner Phil Carlson of Stantec lead the continued discussion of the Mendota Heights
2040 Comprehensive Plan Update, noting that this is the third in the scheduled Planning
Commission Meetings.
Mr. Carlson noted that goal this evening was to review the Vision Statement that was crafted at
the last meeting, review the issues analysis (S.W.O.T.), and to continue the discussion on the goals
and policies.
Vision Statement (draft)
“Mendota Heights will be recognized as a high quality, family-oriented,
residential community with a spacious, natural feel and the amenities of a city”
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 6 of 10
Chair Field noted that his concern is that it leaves out – the City has a very vibrant industrial park
– and the fact that the City is more than a residential community just does not strike him as he
thinks about this statement.
Discussions were had on the suggestion to simply remove the word ‘residential’; what the
‘amenities of a city’ are; to include words like institution, educational, competitive, advantageous,
and well regarded educational and religious institutions.
Suggested statement: “Mendota Heights will be recognized as a high quality, family-oriented,
residential community with a vibrant business and industrial base, highly regarded educational and
religious institutions, and a spacious, natural feel with the amenities of a city.” Discussions
followed.
S.W.O.T. Analysis
The Planning Commission created a list of strengths, weaknesses, opportunities, and threats; which
was also available for public comments at the Fire Station Open House on Saturday, October 14.
The top S.W.O.T. lists follow:
Strengths
• low taxes
• low crime rates
• overall accessibility (transportation)
• natural and spacious feel feel
Strengths were very similar between the commissioners and the public
Weaknesses
• limited amenities
• financially constrained (need diversity)
• lack of commercial / retail services
• limited development opportunities
• airport noise.
The first four listed were on the Commissioners list of top weaknesses; however, ‘financially
constrained’ was replaced with ‘airport noise’ on the public’s list.
Opportunities
• Aging population (encourages younger populace to move in)
• Vikings development
• Bourn Lane Properties (city-owned lands off Hwy 13 & south of Resurrection Cem.)
• Select Redevelopment
Again, the first four listed were on the Commissioners list of top opportunities; however, ‘Select
Redevelopment’ was not on the public’s list of top four – they added ‘proximity to Minneapolis /
St. Paul cities / MSP Airport’
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 7 of 10
Threats
• Development in Adjoining Communities (especially traffic)
• Aging infrastructure
• Increase air traffic
• Age of housing stock
The first four listed were on the Commissioners list of top threats; however, ‘age of housing stock’
was not on the public list, they had stagnation – due to maturity of community
Air traffic was listed as a weakness on the Commissioners list but as a threat on the public’s list.
Stagnation due to maturity of community was an issue that was mentioned but was not one of the
Commissioner’s top priorities.
Overall, the top issues were remarkably agreeable.
The Commissioners worked on getting these lists down to a handful of issues. Mr. Carlson
summarized the Issues/SWOT analysis as follows:
Development & Redevelopment
• Commercial/Retail Options
• Redevelopment Opportunities
• Impact of Vikings Facility (positively and negatively)
• Character, Design, Natural and Spacious Feel
Housing
• Generational Turnover
• Character, Design, Natural and Spacious Feel
Proximity to Airport
• Business Opportunities
• Noise
Infrastructure
• Aging, Cost
He pointed out that ‘natural and spacious feel’ spanned all areas; residential, commercial,
industrial, and parks/trails.
At this point, the Commission picked up where they left off at the October 14th workshop meeting
in terms of discussing the goals and policies listed in each category and suggesting edits, deletions,
and additions as necessary.
Land Use
1. The land use plan will serve as the foundation for land use decisions in Mendota Heights
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 8 of 10
2. Preserve, protect and enrich the established residential environment and character of the
community
3. Support industrial and commercial development in designated areas
4. Enhance and protect the natural environment
5. Reduce the impact of aircraft noise within the community
6. Protect reasonable access to direct sunlight for solar energy systems
Housing
1. Preserve and improve existing neighborhoods and housing units
2. Meet future needs with a variety of housing products
Parks and Open Space
1. Provide the optimum amount of active and passive open space for the enjoyment of all
Mendota Heights residents
2. Provide a park system that assures the quality of facilities will match resident’s desires and
standards of living
3. Use the park system as a means to enhance the environment of each neighborhood and the
City as a whole
4. Support the Dakota County 2030 Greenway Corridors Plan/Vision
Transportation
1. Provide a safe, high-quality, and cost effective multi-modal transportation system
2. Expand transit options serving Mendota Heights
Water Supply
Sanitary Sewer
1. Effective and efficient operation and maintenance of the City’s sanitary sewer system
2. To provide sanitary sewer service that is adequate to meet current and future development
needs
3. Mendota Heights provides a cost effective sanitary sewer system that is equitably financed
Surface Water
1. Manage surface and groundwater resources using approaches that meet or exceed
regulatory requirements by following the City’s local surface water management plan, the
local watershed plans, and permits administered by the MPCA, BWSR, USACE, MNDNR,
and any other governing agencies that are applicable and have jurisdiction authority within
the City of Mendota Heights
Economic Development
1. Promote economic development in Mendota Heights through a comprehensive approach
to business needs
2. Promote business attraction, retention, and expansion in Mendota Heights
3. Promote economic development through public financing tools
4. Continue to develop community commercial areas that serve the whole community
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 9 of 10
5. Continue to develop business park areas that provide jobs and serve the local and regional
economy
Next Steps
Community meetings/open houses for public information/public engagement have been identified
as follows:
Thursday, November 2 – 5:00 – 8:00 pm – City Hall Council Chambers
Wednesday, November 8 – 5:00 – 8:00 pm – Somerset Elementary School
Wednesday, November 15 – 5:00 – 8:00 pm – Friendly Hills Middle School
Then in 2018, there will be other meetings scheduled:
January Planning Commission – Alternatives
March Planning Commission – Implementation
May Planning Commission – Draft Plan
June Planning Commission – Open House & Hearing
August – City Council Adoption
Commissioner Mazzitello noted a copy of an email he sent to City Administrator Mark McNeill
that included a suggested Mission Statement:
“Our Mission is to preserve and enhance the quality of life in the community by
providing quality public safety, infrastructure, and planning for orderly and sustainable
growth”
A Mission Statement is designed to backup the Vision Statement, and provide more clarity as to
how the Vision will ultimately be realized.
The Commission decided to ponder the draft mission statement and discuss it at a future meeting.
They did agree that it could be shared at the community meetings as a draft and for possible
feedback.
Staff Announcements / Update on Developments
Community Development Director Tim Benetti gave the following verbal review:
• Planning Case 2017-22, Conditional Use Permit to Woodspring Hotels, was approved as
recommended by the Planning Commission. They are currently in submittal for a building
permit.
• Planning Case 2017-24, Wetlands Permit was approved as recommended by the Planning
Commission
• Planning Case 2017-25, Wetlands Permit was approved as recommended by the Planning
Commission
October 24, 2017 Mendota Heights Planning Commission Meeting – DRAFT Page 10 of 10
• Michael Development is very, very close to getting the demolition work started, probably
by next week
Public Works Director Ryan Ruzek noted that the city will be accepting brush drop-offs for the
City’s bonfire event. Brush can be dropped off at Mendota Plaza right off of South Plaza Drive
beginning Thursday, October 26, 2017.
Commissioner Magnuson noted that she read in the newspaper that apparently Highway 110 is
being renamed to Highway 62. There are plans to re-sign and a number of things. Mr. Ruzek
replied that the Minnesota Department of Transportation (MnDOT) is proposing to change the
name of Highway 110 to Highway 62 to eliminate some confusion. There is a website on the
project. This change is proposed for July 2018. They will dual-name the street for at least a year
if not two as ‘Old Highway 110’ and ‘Highway 62’.
Adjournment
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER
MAGNUSON, TO ADJOURN THE MEETING AT 9:28 P.M.
AYES: 6
NAYS: 0
ABSENT: 1 (Hennes)
Planning Staff Report
DATE: November 28, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case 2017-28
Lot Split – Subdivision Request
APPLICANT: Keith Schweiger
PROPERTY ADDRESS: 697 Wesley Lane
ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE: February 27, 2018
DESCRIPTION OF THE REQUEST
Mr. Keith Schweiger is requesting approval to subdivide a parcel located in the R-1 One Family Residential
zoning district, to replace one single-family lot (with an existing home) with two conforming single-family
lots for future residential development. The request requires City Council approval before any plat or
survey can be accepted and recorded by Dakota County.
BACKGROUND
The subject site contains an existing single family home, consisting of 2,100 sq. ft. of finished floor area.
The subject lot consists of 0.813 acres in size, and contains a number of mature over-story trees throughout
the lot. The dwelling has a walkout basement on the east elevation (facing Wesley Court), and a single-
lane driveway onto Wesley Lane only.
According to the submitted property survey, this driveway appears to be very close to or on the shared west
lot line. The property also contains a landscaped, raised berm approx. 3-4 feet in height along the frontage
with Wesley Lane.
The site is bordered to the north and west by existing single family homes, to the east by Wesley Court and
to the south by Wesley Lane. Existing access to the property is from Wesley Lane through a driveway
along the property’s western edge. The existing home sits in the middle of the property and the existing lot
is bordered by mature trees on both Wesley Lane and Wesley Court.
All properties adjacent to the site and most properties in its immediate vicinity are single family homes.
The exception is St. Paul’s Methodist Church, which is located at 700 Wesley Lane (west of the subject
site). The property is a corner lot that directly abuts three other properties, with 703 Wesley Lane to the
west, 695 Wesley Court to the northeast, and 706 Mager Court to the northwest.
At the January 24, 2017 regular Planning Commission meeting, a planning application was submitted for
review by Mr. Mark Gergen, requesting a very similar lot split of the same subject property. This item was
given full consideration by the Commission that night under a public hearing, and upon close of the hearing,
a unanimous recommendation (7-0 vote) was made to the City Council to approve said lot split. The final
consideration of this application was delayed before presenting to the City Council in order to give the
previous applicant (Gergen) additional time to work out some development impacts with neighbors; and
resolve or address potential drainage issues between properties. Eventually, the application was requested
to be withdrawn for final consideration by Mr. Gergen on June 15, 2017.
Project Description
The applicant proposes to remove the existing single family home and subdivide the lot into two single-
family lots, as illustrated on the survey drawing dated 11/13/2017 from Bohlen Surveying and Associates
(image below):
• Parcel A: the western area of the existing parcel measures out to be approx. 101’ x 175’ lot, and
would include 17,762 square feet of lot area. Access will be gained from Wesley Lane via a relocated
curb-cut and driveway.
City Code requires all driveways to have a minimum 5-foot setback from lines. The proposed driveway
is planned to be moved slightly the east and meet the required 5-ft. setback, and the small retaining
wall will likely be removed. Depending on the final grading plan for any new dwelling located on
Parcel A, an additional retaining wall may be needed to shore-up the easterly edge of the new driveway
as well.
As indicated previously, the existing driveway is very close to or on the west lot line, and contains a
small rock retaining wall along the east edge of the driveway near the access point onto Wesley Lane.
The existing asphalt driveway is quite extensive and runs much deeper into the lot to access the garage
on the back side the existing home. The removal of a large section of this driveway, and maintaining
the 5-foot setback will hopefully reduce or eliminate some complaints and concerns from the neighbor
to the west (703 Wesley Lane- Ken and Rosemary Larson), particularly with snow plowing and leaf
removals.
The proposed house pad is shown with a side-loading driveway as a preferred design under this plan;
however, this driveway may be revised later when the new home building permit plan set is submitted
for review. The City will ensure that the driveway meets and maintains the minimum 5-ft. setback
regardless of this initial design layout.
• Parcel B: the east side of the existing lot is measures out to approximately 102’ x 175’ lot, and include
17,688 square feet, with access from Wesley Court via a new (proposed) curb cut and driveway.
Pursuant to Title 12-1E-1.B, all driveways on a corner lot must be a minimum of 30-feet from the
property lines adjacent to a street corner. This 30-ft. setback appears to be met.
• Tree Removals: Some trees are proposed to be removed to allow the lot split and build two new
homes:
o Parcel A: with the proposed placement of the new house pad and driveway location, the lot will
lose 10 trees. Some of these are indicated as 14’, 20’ and 30’ evergreen trees, with a number of
large deciduous trees as well.
o Parcel B: twelve (12) trees are slated to be removed, which are also made up of some large sized
evergreen and deciduous trees. Two trees along the Wesley Court frontage would be removed to
make room for the new driveway and five internal trees would be removed for the new house.
The original plan in January (Gergen application) called for the removal of 5 trees on Parcel A and only 7
trees on Parcel B. The previous January 24th Planning Staff Report indicated the following:
“Preserving as many of the mature trees as possible on the Wesley Lane and Wesley
Court frontages is desirable to impose the least disruption possible to the neighborhood
character. “
Unless these trees are diseased, poor shape or dying, City staff would like the Applicant to explain or justify
a reason for removing so many more trees than originally planned on this site; and if possible, Staff further
encourage the Applicant to maintain the existing berm and vegetation along Wesley Lane to provide a
continued and natural screening of the two properties. If this many trees are needed to be removed, Staff
would also recommend that a one-to-one tree replacement plan of one 6’-8’ evergreen tree for each
evergreen removed, plus one 2” to 3” caliper sized deciduous tree for each deciduous tree removed be
implemented, in order to replace and restore the site with new trees.
ANALYSIS
Comprehensive Plan
The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The applicant’s
request to subdivide the subject parcel into two parcels, consisting of approximately 0.407 acres and 0.406
acres each, is consistent with the LR maximum density of 2.9 units per acre.
According to the Comprehensive Plan, “Infill sites” are meant to be any property in Mendota Heights
that has the opportunity to develop, or redevelop, beyond its current level. Because these properties
tend to be smaller and surrounded by established neighborhoods, development would have the potential
to dramatically change the environment of the areas in which they are located.
The City’s policies for consideration of development in these sensitive areas are noted as follows:
o Require that any new development or redevelopment meets all zoning and subdivision
regulations.
o Avoid access and traffic which unduly burdens just a few properties.
o Ensure that development of infill sites will not result in any negative impact on existing
environmental conditions, such as soils, wetlands, drainage, or similar factors.
o Require that all development of infill sites provide access to a public street, new or existing.
o Ensure that land uses are compatible with the surrounding neighborhood, and do not reflect a
“spot-zoning” pattern.
o Avoid infill development that relies on private street or “flag-lot” design.
Zoning Requirements
Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the
resulting lots are compliant with the requirements of the applicable zoning district.
As shown in the table below based on the attached plan set, the proposed parcels are compliant with the
R-1 District’s lot area and width standards:
Standard Subject Parcel New Parcel A New Parcel B
Lot Area 15,000 SF 35,450 sq. ft. 17,762 sq. ft.
(0.407 acres)
17,688 sq. ft.
(0.406 acres)
Lot Width 100 ft. 202.76 ft. / 154.56
ft. 101.02 ft. 101.74 ft. / 154.56 ft.
Title 12-1D-4-D-2 of the Code requires the following:
Whenever buildings have been built on one side of the street between two (2) intersections, no building
shall hereafter be erected to extend closer toward the street than the average of the required district
setback and average setback of the adjoining principal structures.
The proposed 60’ x 60’ house pads are shown with a setback of 30.2-ft. and 30.5-ft., respectively. The
existing dwelling on the subject parcel has a front-yard setback from Wesley Lane of 44.3-ft. and
approximately 120-ft. from Wesley Court. The Applicant has noted on the survey that the proposed
building pads “front setback shown at 30’ because the 4 houses to the west have front setbacks that vary
from 30’ to 35.5.” The adjoining principal structure to the west (703 Wesley Ln.) has a front yard setback
of 35.5 feet; and city records indicate the structure at 709 Wesley Ln is 31-ft.; and the dwelling at 721
Wesley Ln. is shown with a setback of 31.5-ft. (note: no survey records of 715 Wesley Ln. exists).
The average of these “known setbacks” is actually 32.83 feet. Because the new house pads are considered
a general design” in nature, Staff is recommending the setbacks for any new homes on both lots match with
the neighboring 703 Wesley Lane of 35.5 feet. The corner front setback along Wesley Court can remain at
30-ft.
REQUESTED ACTION
Following the public hearing and discussion, the Planning Commission may consider the following actions:
1. Recommend approval of the lot split based on the attached findings of fact and conditions of
approval as noted herein.
OR
2. Recommend denial of the lot split based on revised or determined findings of fact.
OR
3. Table the request, pending additional information from staff or the Applicant.
RECOMMENDATION
The Planning Commission is asked to determine the effect of the proposed lot split on the character and
development of the neighborhood in forming its recommendation to the City Council. Staff recommends
the Planning Commission recommend to the City Council approval of the lot split as submitted, with the
following conditions:
1) The applicant shall submit grading and utility plans and dimensioned site plans with associated
easements, subject to review and approval of the Engineering Department as part of any building
permit application.
2) All grading work and land disturbance activities must comply with the City’s Land Disturbance
Guidance document.
3) The lots shall include infiltration of 1 inch over all new increased impervious surface and there
shall be no increase in run off from the existing conditions.
4) All erosion control measures shall be installed prior to any construction, and maintained
throughout the duration of any construction activities on both sites and until each have been
properly restored.
5) Front-yard setbacks from Wesley Lane for future structures on both Parcel A and Parcel B shall be
a minimum of 35.5 feet; and the setback along Wesley Court shall be 30-feet.
6) The Applicant agrees to preserve and protect as many mature/over-story trees on the subject site;
shall submit a detailed landscape plan for each new lot as part of any new building permit
application review; and shall plat one 6’-8’ evergreen tree for each evergreen tree removed, plus
one 2” to 3” caliper sized deciduous tree for each deciduous tree removed.
7) The applicant shall dedicate drainage and utility easements on both parcels to be denoted on the
Certificate of Survey submitted to Dakota County: 10 feet wide along the front property lines and
5 feet wide along the side and rear property lines.
8) On Parcel A, the existing asphalt driveway will be removed, and graded so as not to aggravate
drainage problems, and the ground restored with suitable ground cover, as approved by the City
Engineer before a certificate of occupancy is issued.
9) On Parcel A, the new driveway shall meet a minimum 5-ft. setback from the westerly lot line, and
this setback will apply to any retaining wall or similar shoring system if needed.
10) Park dedication fee of $4,000 (in lieu of land - per current City policy) will be paid before the
subdivision is recorded with Dakota County.
11) The existing home must be demolished before the subdivision is recorded with Dakota County.
12) Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building
permit.
FINDINGS OF FACT FOR APPROVAL
Lot Split – Subdivision Request
for
697 Wesley Lane
The following Findings of Fact are made in support of approval of the proposed requests:
1. The proposed lot split and construction activities meet the purpose and intent of the City Code
and are consistent with the Comprehensive Plan.
2. No change to the Comprehensive Plan or zoning designation and no variance is requested.
3. The proposed subdivision and additional new housing will not create any negative impacts to the
surrounding uses or neighborhood; and the increased front yard setbacks will ensure the new
homes are in alignment with other residential uses along Wesley Lane.
4. The two lots resulting from the lot split meet City Code minimum standards and are comparable
in size and frontage to other lots on Wesley Lane.
Keith Schweiger
2291 Ocala Ct
Mendota Heights, MN 55120
October 28, 2017
To Whom It May Concern:
This letter is being written to express our intentions for the lot split of the property located at
697 Wesley Lane in Mendota Heights, Minnesota as part of the application for consideration of
the planning request.
We would like to split the lot into two new single family home sites. We will be proposing to
change from an older existing home, to two new conforming single family lots.
Thank you for your time and consideration on this matter.
Sincerely,
Keith Schweiger
Phone: (651) 687-9385
203170 1321 1 3 101 6860189 1
7
8
100 223 2
6 8
697
706 695
703
687
WESLEY LN WESLEY CTScale Site Plan697 Wesley Lane
Date: 1/18/2017
City ofMendotaHeights040
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entityfrom which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Vicinity of 697 Wesley Lane –Existing Topography & Drainage
Planning Staff Report
MEETING DATE: November 28, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case 2017-29
Conditional Use Permit for Oversized Garage and Wetlands Permit
APPLICANT: Gonyea Homes / Jason & Thomasine Eggers
PROPERTY ADDRESS: 2260 Wagon Wheel Court
ZONING/GUIDED: R-1 One Family Residential/ LR-Low Density Residential
ACTION DEADLINE: January 7, 2018
INTRODUCTION
The applicants are seeking a conditional use permit to allow the construction of a 1,427 sq. ft. attached
garage, along with a Wetlands Permit to construct a new 4,440-sf. residential dwelling. The subject
property is located at the newly assigned address of 2260 Wagon Wheel Court (note: the public hearing
notice indicated an address of 2270 Wagon Wheel Court, which was a hold-over from the original parcel
address).
A public hearing notice for this planning item was published in the local newspaper and notice letters were
mailed to all surrounding properties within 350-feet of the subject property.
BACKGROUND
On December 1, 2015, the City adopted Resolution No. 2015-93, which approved a preliminary and final
plat of Caroline’s Lake Second Addition. This plat was essentially a two lot subdivision by the
Ratchye/Light family of their original 3.02 acre lot along Rogers Lake, which created two lots of 0.71 acres
and 2.31 acres, respectively. The Eggers recently purchased the 2.31 acre lot, and are seeking to build the
new home and oversized attached garage on the lot.
DESCRIPTION OF THE REQUEST
Title 12-1D-3, Subpart C. provides for attached garages “more than one thousand two hundred (1,200) up
to one thousand five hundred (1,500) square feet” to be allowed via a conditional use permit. The
Applicants seek to build an attached garage up to 1,427 square feet in area. Title 12-1D-3, Subpart C.1.c.(2)
states “No more than 36-ft. linear feet of garage door per structure…” The proposed garage contains two,
16.2-foot wide overhead doors.
The proposed residence and garage will have access directly from Wagon Wheel Court. The home is
setback 39.5-ft. (at its closest point) off Wagon Wheel Court ROW, 25.3-ft. from the south lot line , and
approx. 150 feet from the east lot line, and well over 210-ft. from the north line (along Wagon Wheel Trail).
ANALYSIS
Comprehensive Plan
The subject property is guided LR-Low Density Residential in the 2030 Comprehensive Plan. The
proposed residential dwelling, along with the proposed oversized garage qualifies as a conditional use in
the applicable zoning district and would remain compliant with the Comprehensive Plan, subject to city
approvals.
Conditional Use Permit
Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request; the
following are to be taken into consideration:
• The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding
lands;
• existing and anticipated traffic conditions including parking facilities on adjacent streets; and
• the effect of the proposed use on the comprehensive plan.
In addition, the following standards must be met:
• The proposed use will not be detrimental to the health, safety or general welfare of the
community;
• will not cause serious traffic congestion nor hazards;
• will not seriously depreciate surrounding property value; and
• the proposed use is in harmony with the general purpose and intent of the City Code and the
comprehensive plan.
Pursuant to Title 12-1D-3, Subpart C., any attached garage “more than one thousand two hundred (1,200)
up to one thousand five hundred (1,500) square feet” can be allowed only by means of a conditional use
permit. Because of the proposed 1,427 sq. ft. garage under this new house plan, the Applicants must request
and receive approval of a conditional use permit prior to any construction.
Title 12-1D-3, Subpart C. contains the added standard regulating the size and number of garage doors:
“No more than thirty six (36) linear feet of garage door per structure, measured horizontally, may
be installed to provide access to any private garage or other accessory building space on a single-
or two-family residential property. More than thirty six (36) linear feet of garage door may be
provided by conditional use permit when such additional garage door exposure is not visible from
a public street or from surrounding residential property.”
The applicant’s plans indicate two 16’-2” doors for each opening on the front of the garage. The plan calls
for a narrow, vertical sky-light window on the left-hand side of the garage, along with a dormer style
window on the right-hand side of the upper roof area (which makes it appear to be a two story structure).
However, the plans do not indicate if any living or storage space is being planned above this garage area,
so Staff assumes this area will be left open or unfinished.
For all intents and purposes, this expanded garage structure fits nicely with the overall, larger footprint of
the new 4,000+ sf. home, and will offer adequate means in providing additional storage of vehicles,
equipment and storage space for the homeowners.
City staff believes the proposed 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 the proposed use appears to be in harmony with the general purpose and
intent of the City Code and the comprehensive plan.
Wetlands Permit
Pursuant to City Code Title 12-2-1 Wetlands Systems, this chapter applies to adjacent land within 100-feet
of a wetland or water resource related area. This chapter also provides specific allowances, rules and
standards for certain activities near these recognized water features, including a permit for the construction,
alteration or removal of any structure. The purpose of the Wetlands Systems Chapter is to:
1. Provide for protection, preservation, maintenance, and use wetlands and water resource-related
areas;
2. Maintain the natural drainage system;
3. Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of
wildlife and aquatic organisms as a result of the disturbance of the natural environment or from
excessive sedimentation;
4. Provide for protection of potable fresh water supplies; and
5. Ensure safety from floods.
As part of the Ratchye/Light subdivision, a wetland report was provided, and the wetland in the upper
northeast area of the lot was surveyed and delineated, and is noted on the updated survey under this CUP
and Wetland Permit application.
A 25-foot wetland buffer (easement) was also created as part of the conditions of approval under the
Caroline’s 2nd Addition, and is clearly identified on the attached survey plans. No construction activities
related to the new home, including grading or tree/vegetation removals are planned in or around this buffer
or wetland edge; nor would any activity be allowed in this buffer under this permit.
As shown in the attached maps, the 100-foot wetland buffer line has also been identified, which shows a
small portion of the new home located inside this 100-foot wetland boundary line. Wetlands chapter does
not provide a specific setback standard for structures from wetland edges, but in this case, the new home is
measured approx. 80-ft. from the wetland edge (see image below).
The plan indicates existing sanitary and water service lines extending down from the existing systems
underneath Wagon Wheel Trail to the north, which were the old service lines that served the Ratchye/Light
residence to the south (Note: Ratchye/Light installed new service connectors to Wagon Wheel Court
systems). The plans call for the new home to re-use the old service lines, which will remain connected to
the Wagon Wheel Trail systems. Should the contractor/owners determine these “old” lines are no longer
feasible or available to use for the new home, alternative measures must be made to restore any disturbed
areas caused by any underground utility work, or certain connection fees must be paid according to the
conditions of approval made under Resolution No. 2015-93.
Based on the proposed [overall] building pad site and construction of the new dwellings on Lot 2, some
area of this lot will require grading and vegetation removal within this area.
According to the Applicant’s plan, up to 43 trees have been identified for removal. Most of these trees are
elms and cottonwoods, along with a few pine and one maple. The entire subject lot also contains an
overgrowth of volunteers and scrub trees that will be removed or cleared for the new home project.
After construction of the home, including the driveway and utility service line work, new vegetation and
trees should be planted within any disturbed areas and the site restored as much as possible. The plans are
absent of any new landscaping plan, but Staff is recommending that at least 15-20 new trees be planted to
replace the 43 to be removed under this new home project. A full, detailed landscape plan should be
submitted at time of building permit review.
Proposed erosion control measures are shown on the Survey Map, which illustrates a large area outside the
main building footprint will be protected during construction activities in and around the house. The erosion
control or stormwater pollution prevention plan will be reviewed in greater detail by the Engineering
Department as part of the building permit application.
The scope and scale of this proposed new home project is relatively minor in size compared to the overall
size of the 2.04 acre lot; and most of the work is being contained or limited to the area in and around the
new dwelling. Due to this small scale of the project, the following statements are being presented for the
Planning Commission to review and consider in your determination of this wetland permit:
a) The work should have very little, if any impacts to the adjacent wetland feature;
b) the Applicant/Owners will provide for the protection and preservation of the adjacent
wetland/water resource feature by installing silt fence and stormwater run-off protection measures
as per city staff direction;
c) all natural drainage way systems will be maintained during and after the project is completed; and
d) the Applicant/Owners will make every attempt to minimize disturbance of the area in order to
protect and preserve the natural surroundings, avoid excess loss of vegetation, and avoid any
impacts to wildlife and aquatic organisms.
ALTERNATIVES
1. Approval of the Conditional Use Permit and Wetlands Permit, based on the findings of fact that the
proposed use is compliant with the applicable City Code requirements and is consistent with the
Comprehensive Plan, with conditions;
OR
2. Deny the Conditional Use Permit and Wetlands Permit based on revised finding(s) of fact
determined by the Planning Commission; and/or City Council.
OR
3. Table the request and direct staff to extend the application review period an additional 60 days, in
compliance with MN STAT. 15.99.
STAFF RECOMMENDATION
Staff recommends approval of a Conditional Use Permit, which would allow the construction of an
oversized garage of 1,427 sq. ft.; along with a Wetlands Permit, which would allow the construction of a
new home (and garage) adjacent to an established wetland feature, located in the R-1 One Family District,
based on the findings of fact that the proposed project and use is compliant with the applicable City Code
requirements and is consistent with the Comprehensive Plan, and subject to the following conditions:
1. Since access is being proposed off Wagon Wheel Court, a Public Utility/Improved Public Right-
of-Way Fee of $21,390.86 is paid to the City prior to issuance of a building permit.
2. If any utility connection is made on to Wagon Wheel Court, a utility connection fee of $17,609.33
must be paid to the City prior to issuance of a building permit
3. No grading or construction activity on the subject site will occur on slopes over 25%.
4. The Applicant/Owners shall submit a final grading plan, utility plan and a dimensioned site plan
with associated easements, subject to review and approval by the City Engineering Department as
part of any building permit application.
5. All grading and construction activity will 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.
6. No disturbance, grading work or any type of construction activities shall occur within 25 feet of
the established wetlands edge.
7. A detailed Landscape Plan must be submitted for review to the Planning Department showing tree
replacement and all new vegetation to be re-planted within all disturbed areas of the subject site.
FINDINGS OF FACT FOR APPROVAL
Conditional Use Permit & Wetlands Permit
for
2260 Wagon Wheel Court
The following Findings of Fact are made in support of approval of the proposed request:
1. The use of the subject parcel as a new single-family residential dwelling is consistent with the City
Code and Comprehensive Plan.
2. The planned development of the new dwelling with an oversized garage of 1,427 sq. ft. is
considered a reasonable request, and is consistent with the City Code and Comprehensive Plan.
3. The proposed residential home and large garage easily meet the required setbacks and other
standards established under the R-1 One Family District.
4. The proposed garage and residential structure will be compliant with the conditions included in
the City Code that allow it by conditional use permit.
5. The proposed over-sized garage 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.
6. The proposed new residential home project and any related construction activities will not cause
or create any negative impacts to the ecologically sensitive area of the wetlands or Rogers Lake
area, due to the proximity and separation of the structure from said water features.
994
945
945
953987999
954
2270
1011
2075
2301
949
954
2275
2273
940
2303
2270
940
954
987
991
2275
2257
2270
994
945
1021
940
900
954
949
954
2273
953
WAGON WHEEL TRL PRIVATE ROADWAGON WHEEL RDDakota County GIS
2270 WAGON WHEEL CT. (Gonyea Homes / Eggers Res.)City ofMendotaHeights0200
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
11/7/2017
LOUCKS
W:\2001\01790\CADD DATA\SURVEY\S01790-MasterPlotted: 11 /09 / 2015 8:48 AM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
2270
Wagon Wheel
Court
Mendota Heights
Boyd Ratchye &
Susan Light
2270 Wagon Wheel Court
Mendota Heights, MN 55120
10/22/15 DRAWING ISSUED
11/06/15 CITY COMMENTS
Preliminary Plat
Paul J. McGinley - PLS
License No.
Date
I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Land Surveyor under the laws of
the State of Minnesota.
VICINITY MAP
Field Crew
Project Lead
Drawn By
Checked By
Loucks Project No.
16099
01-790
PJM
JT
BS
10/22/15
PRELIMINARY PLAT GENERAL NOTES
SURVEYOR:OWNER/DEVELOPER:
Loucks, Inc.Boyd Ratchye & Susan Light
7200 Hemlock Lane, Suite 300 2270 Wagon Wheel Court
Maple Grove, MN 55330 Mendota Heights, MN 55120
763-424-5505 651-686-5238
LEGAL DESCRIPTION:
PARCEL 1:
That part of the west 55.00 feet of Lot 17, Caroline's Lake View, according to the plat thereof on file in the office of the County Recorder,
Dakota County, Minnesota, described as follows:
Commencing at the northeast corner of said West 55.00 feet; thence South 00 degrees 04 minutes 00 seconds East, bearing assumed,
along the east line of said west 55.00 feet 393.49 feet to the point of beginning of the parcel to be described; thence continuing southerly
along said east line 63.90 feet; thence South 40 degrees 19 minutes 11 seconds West 44.38 feet; thence North 49 degrees 40 minutes 49
seconds West 34.26 feet; thence northeasterly 62.27 feet along a nontangential curve, concave to the west, radius 105.20 feet, central
angle 33 degrees 54 minutes 52 seconds, the chord of which has a bearing of North 17 degrees 56 minutes 23 seconds East and a length
of 61.36 feet; thence North 0 degrees 58 minutes 57 seconds East 28.39 feet; thence South 61 degrees 35 minutes 28 seconds East 27.28
feet; thence North 81 degrees 09 minutes 10 seconds East 11.59 feet to the point of beginning.
AND
PARCEL 2:
Lot Sixteen (16) excepting therefrom the East Two Hundred ten (210) feet thereof;
Lot Seventeen (17) excepting therefrom the West fifty five (55) feet thereof,
And excepting from said Lots 16 and 17 any parts lying southwesterly of the following described line: Commencing at the northeast corner
of said west 55 feet; thence S. 04' 00"E., assumed bearing, along the east line of said west 55 feet 457.39 feet; thence S. 19' 11"W.,
44.38 feet; thence S. 40' 49" E., 37.75 feet more or less to the east line of said west 55 feet, said point being the point of beginning of
the line to be described; thence S. 40' 49" E. to the intersection with the west line of the east 210 feet of said Lot 16 extended southerly,
and there terminating,
All within Caroline's Lakeview, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Dakota
County, Minnesota.
AND
That part of the west 55 feet of Lot 17, Caroline's Lake View, according to the plat thereof on file in the office of the County Recorder,
Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said west 55 feet; thence 6 04' 00"E., assumed
bearing, along the east line of said west 55 feet 457.39 feet to the point of beginning of the parcel to be described; thence S. 19' 11"W.,
44.38 feet; thence S. 40' 49"E., 37.75 feet, more or less, to the east line of said west 55 feet; thence northerly to the point of beginning
and there terminating
AND
Outlot A, KIPP ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
EXCEPTING THEREFROM
That part of said Lot 17 which lies northerly of a line run parallel with and distant 50.00 feet southerly of the following described line:
From a point on the north line of Section 35, Township 28 North, Range 23 West, said Dakota County, distant 970.65 feet east of the
northwest corner thereof, run southwesterly at an angle of 84 degrees 19 minutes 01 seconds with said north section line for 528.37 feet to
the point of beginning of the line to be described; thence deflect to the left at an angle of 95 degrees 36 minutes 37 seconds for 1430.93
feet and there terminating.
DATE OF PREPARATION:
September 25, 2015
EXISTING ZONING:
Zone (R-1)
PROPOSED ZONING:
Zone (R-1)
AREAS:
Proposed Lot 1 = 30,936 Sq.Ft. or 0.71 Acres
Proposed Lot 2 = 100,632 Sq.Ft. or 2.31 Acres
Total= 131,568 Sq.Ft. or 3.02 Acres
PROPOSED BUILDING SETBACKS:
Front = 30 Feet
Side = 10 Feet on each side or 1/2 of the height of the structure contiguous to the side yard, whichever is greater, to
a maximum of 15 feet
Rear = 30 feet or 20% of the average lot depth, whichever is greater
FLOOD ZONE DESIGNATION:
This property is contained in unprinted Flood Insurance Rate Map 27037C0085E (no special flood hazard areas).
SCALE IN FEET
0 30 60
SCALE IN FEET
0 30 60
LOUCKS
1 INCH = 30 FEET