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Res 2018- 25 Lot Line Adj and Variance 1031 and 949 Mendota Hts Rd Receipt:#551771 3248774 VR $46.00 I II III VIII VIII VIII VIII VIII IIII IIII Recorded on:5/4/2018 12:10 PM By:TMB,Deputy Office of the County Recorder Dakota County,Minnesota Joel T Beckman,County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-25 RESOLUTION APPROVING A LOT LINE ADJUSTMENT & VARIANCE FOR PROPERTIES LOCATED AT 1031 AND 949 MENDOTA HEIGHTS ROAD PLANNING CASE NO. 2018-08) WHEREAS, Patterson Dental Company, in cooperation with Saint Thomas Academy (the Applicants") have applied for a simple lot line adjustment and variance request as proposed under Planning Case No. 2018-08 for the two properties located at 1031 and 949 Mendota Heights Road, and legally described and illustrated in the attached Exhibit A (the "Subject Properties"); and WHEREAS, Title 11-1-5.0 of the City Code (Subdivision Ordinance) allows the readjustment of lot lines between or within legal parcels of records, provided that the resulting lots are compliant with the requirements of the applicable zoning district; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the City Council to grant certain relief or allowances from the strict application of the provisions and standards of the Zoning Code; and WHEREAS, pursuant to Title 12-1D-16 of City Code (Off Street Parking and Loading), Subpart (3), where parking exists in any B (Business) District that abuts an R (Residential) district, the parking spaces shall be located at least ten feet (10') from a side lot line; and; WHEREAS, the Applicants seek to adjust and realign the shared lot line between the Subject Properties, resulting in a shift of this shared lot line by 6 -feet (in even width), which will resolve an existing encroachment of the nearby Saint Thomas Academy's ballfield structures and fences, as legally described and illustrated in the attached Exhibit B; and WHEREAS, the resulting lot line adjustment necessitates the granting of a variance to Patterson Dental Company to allow a reduction to the required 10 -foot parking lot setback under the B -1A District standards, to an approximate (new) 8 -foot setback; and WHEREAS, on January 23, 2018, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended unanimous approval of the Lot Line Adjustment request, with certain findings of fact and conditions of approval as noted herein. WHEREAS, the Mendota Heights Planning Commission held a public hearing on this planning item at the regular meeting of February 27, 2018, whereby a planning staff report was presented and received by the commission, comments from the Applicant and general public were received and noted for the record, and upon closing the hearing, the Planning Commission recommended unanimous approval of the lot line adjustment and variance requests for the Subject Properties, with certain findings of fact and conditions as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Line Adjustment and Variance requests as proposed under Planning Case No. 2018-08 are hereby approved with the following findings of fact: A. The proposed lot line adjustment and variance requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. B. The purpose of the requests are to resolve an existing encroachment over the shared property boundary line between two separate property owners. C. The existing conditions were not created by Patterson Dental Company owners, and this encroachment issue may create some practical difficulties for the owners in future title work or sale of properties, and the effective remedy of this requested lot line adjustment and variance are both appropriate in this case. D. Other alternatives to attain compliance would require removal or relocation of existing and long-term features (fence, bleachers, concrete pads, etc.), which is not practical or necessary in this case. E. Approval of the lot line adjustment and variance will have no visible impact on either property and will not negatively impact the character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Line Adjustment and Variance requests as proposed under Planning Case No. 2018-08 are hereby approved with the following conditions: 1) Appropriate documents indicating the new lot line adjustment shall be recorded with Dakota County. Adopted by the City Council of the City of Mendota Heights this 6th day of March, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor Lorri Smith, City Clerk Res 2018-25 Page 2 Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 EXHIBIT A Patterson DentalCompany: Current LegalDescription (Address: 1031Mendota Heights Road - PID No. 27-56675-01-010): LotOne (1), BlockOne (1), PATTERSONCOMPANIES ADDITION, DakotaCounty, Minnesota SaintThomasAcademy: Current LegalDescription (Address: 949MendotaHeights Road - PID No. 27-03500-51-010): NE1/4 OFSW1/4 EXN198FTOFE636FT, SECTION35TWN28RANGE23, Dakota County, Minnesota Res2018-25 Page3 EXHIBIT B N89°5622" 661.31 -- 6.00 WEST LINE OF THE EAST 6 FT. OF LOT I, BLOCK 1, PATTERSON COMPANIES ADDITION N89 58'40" 9500-- f ' I s n neg 5ao-- N89 °58'40 E 16000 J T I nN A ~ 11 1 \ I 01 to 1 II -- o I- 1^ WEST UNE OF THE EAST 6 FT. OF LOT I, BLOCK 1, PATTERSON COMPANIES ADDITION 386"085/ E 45LOq MINNESOTADEPARTMENT OF TRANSPORTATION RIGHT OF WAY P N0. 19-37 M3/ N. UNE OF NE 1/4 OF Sw IJ4 OF 520. 35, TWP. 28, ROE. 23J LAKe Aon WEST LINE OF NE 1/4 OF SW 1/4 OF SEC. 35 AND EAST LINE OF LOT I, BLOCK 1, PATTERSON COMPANIES ADDITION 6.00 nl vv ANE4 DESCRIBED WEST LINE OF NE 1/4 OF SW 1/4 OF SEC. 35 AND EAST LINE OF LOT 1, BLOCK I, PATTERSON COMPANIES ADDITION 6.00 26.44 DESCRIPTION SKETCH FOR: SAINT THOMAS ACADEMY DESCRIPTION OF PROPERTY The East 6.00 feet of Lot 1, Block 1, PATTERSON COMPANIES ADDITION,according to the plot thereof, Dakota County, Minnesota. rlY1 UNE OF NE 1/4 OF1/4 OF SEG 35 0 100 200 SCALE IN FEET 1 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. Doted this 1st day of December, 2017 SUNDE LAND,BURVEYING, LLC. By: Arlee J. C , ic72 ic. No. 44900 2/.71 _ 40.00 500227 ANO 0000 EASEPER002. N0. 316282 ENT MENDOTA IEIG/ 1 / S,t l7OADN89 53'07" 1321.69 NW CORNER OF THE 5E 1/4 OF 5W 1/4 OF SEE 35 97-295-2 861/29 T.28, R.23. 5.35 972950001-5RETC16.Ewg 134( JJLAND SURVEYING SUNDE 9001 East Bloomington Freeway (350) • Suite 118 Bloomington, Minnesota 55420-3435 952-881-2455 ( sFsn 952-858-9526) www.sunde.com Res 2018-25 Page 4 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) s.s. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 4th day of May, 2018. ______________________________ Lorri Smith, City Clerk (SEAL) Receipt:#551771 3248774 VR $46.00 I II III VIII VIII VIII VIII VIII IIII IIII Recorded on:5/4/2018 12:10 PM By:TMB,Deputy Office of the County Recorder Dakota County,Minnesota Joel T Beckman,County Recorder CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,MINNESOTA RESOLUTION 2018-25 RESOLUTION APPROVING A LOT LINE ADJUSTMENT &VARIANCE FOR PROPERTIES LOCATED AT 1031 AND 949 MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 2018-08) WHEREAS,Patterson Dental Company,in cooperation with Saint Thomas Academy(the "Applicants")have applied for a simple lot line adjustment and variance request as proposed under Planning Case No. 2018-08 for the two properties located at 1031 and 949 Mendota Heights Road, and legally described and illustrated in the attached Exhibit A(the"Subject Properties"); and WHEREAS, Title 11-1-5.0 of the City Code (Subdivision Ordinance) allows the readjustment of lot lines between or within legal parcels of records,provided that the resulting lots are compliant with the requirements of the applicable zoning district; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the City Council to grant certain relief or allowances from the strict application of the provisions and standards of the Zoning Code; and WHEREAS, pursuant to Title 12-1D-16 of City Code (Off Street Parking and Loading), Subpart(3),where parking exists in any B (Business)District that abuts an R(Residential)district, the parking spaces shall be located at least ten feet(10') from a side lot line; and; WHEREAS, the Applicants seek to adjust and realign the shared lot line between the Subject Properties, resulting in a shift of this shared lot line by 6-feet (in even width), which will resolve an existing encroachment of the nearby Saint Thomas Academy's ballfield structures and fences, as legally described and illustrated in the attached Exhibit B; and WHEREAS, the resulting lot line adjustment necessitates the granting of a variance to Patterson Dental Company to allow a reduction to the required 10-foot parking lot setback under the B-lA District standards,to an approximate (new) 8-foot setback; and WHEREAS, on January 23, 2018, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended unanimous approval of the Lot Line Adjustment request, with certain findings of fact and conditions of approval as noted herein. WHEREAS, the Mendota Heights Planning Commission held a public hearing on this planning item at the regular meeting of February 27, 2018, whereby a planning staff report was presented and received by the commission, comments from the Applicant and general public were received and noted for the record, and upon closing the hearing, the Planning Commission recommended unanimous approval of the lot line adjustment and variance requests for the Subject Properties, with certain findings of fact and conditions as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Line Adjustment and Variance requests as proposed under Planning Case No. 2018-08 are hereby approved with the following findings of fact: A. The proposed lot line adjustment and variance requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. B. The purpose of the requests are to resolve an existing encroachment over the shared property boundary line between two separate property owners. C. The existing conditions were not created by Patterson Dental Company owners, and this encroachment issue may create some practical difficulties for the owners in future title work or sale of properties, and the effective remedy of this requested lot line adjustment and variance are both appropriate in this case. D. Other alternatives to attain compliance would require removal or relocation of existing and long-term features (fence, bleachers, concrete pads, etc.),which is not practical or necessary in this case. E. Approval of the lot line adjustment and variance will have no visible impact on either property and will not negatively impact the character of the neighborhood. BE IT FURTHER RESOLVED,by the Mendota Heights City Council that the Lot Line Adjustment and Variance requests as proposed under Planning Case No. 2018-08 are hereby approved with the following conditions: 1) Appropriate documents indicating the new lot line adjustment shall be recorded with Dakota County. Adopted by the City Council of the City of Mendota Heights this 6th day of March, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock,Mayor AT ES Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2018-25 Page 2 EXHIBIT A Patterson Dental Company: Current Legal Description (Address: 1031 Mendota Heights Road - PID No. 27-56675-01-010): Lot One (1), Block One (1), PATTERSON COMPANIES ADDITION, Dakota County, Minnesota Saint Thomas Academy: Current Legal Description (Address: 949 Mendota Heights Road - PID No. 27-03500-51-010): NE 1/4 OF SW 1/4 EX N 198 FT OF E 636 FT, SECTION 35 TWN 28 RANGE 23, Dakota County, Minnesota Res 2018-25 Page 3 EXHIBIT B N89°5622 F 661.31---- N.UNE OF NE 1/4 OF SW IJ4 OF Z.35,TWP.28,RG_.2 6.00 0 WEST LINqEEAST 6 FT.OFPATTERSADDITION DESCRIPTION SKETCH FOR: EST LINE OF NE 1/4 OF SAINT THOMAS ACADEMY _D-a SW 1/4 OF SEC.35 AND r 1- EAST LINE OF LOT I,BLOCK DESCRIPTION OF PROPERTY E3 1,PATTERSON COMPANIES ADDITION as The East 6.00 feet of lot I, Block I, PATTERSON p�KE w COMPANIES ADDITION,according to the plot thereof, z F='a Dakota County, Minnesota. az wv N89 58,40,E ,CATER 9500-- _-;_______ l� No 1 rr1 N89°58'40"E 160.00 J i< ���'L.J )/-•I /r 6,00 to ✓vv I ANSA I l r r DESCWSM .JJ1v^II)1 \I o2 I\10C 0 loo 200 I�t�I SCALE IN FEET WEST LINE OF THE EAST 6 FT.OF LOT I,BLOCK 1, 1 hereby certify that this survey, plan, Or report was PATTERSON COMPANIES ADDITION prepared by me or under my direct supervision and EST LINE OF NE 1/4 OF that I am a duly Licensed Land Surveyor under the SW 1/4 OF SEC.35 AND laws of the State of Minnesota. EAST LINE OF LOT 1,BLOCK 1,PATTERSON COMPANIES Dated this Ist day of December, 2017 ADDITION 6.00 SUNDE LAND URVEYING' LLC. 6 O1._-J UNE OF HE'/' OG ________ SW 1 J9 OF SEG 35 By:--'-- 586"085/E 45L0 '_26.44 Arlee J. Carlson, .L. Minn. Lic. No. 44900 MINNESOTA 1321,71 DEPARTMENT CF - TRANSPORTAT- RIGNT OF WAY PlA ="40.00 STREET ANO ROAD EASEMENT N0.19-3] PER OOpG N0.316282 MENDOTA HE/GHTS l7OADA189 53'07T ,321.69 NW mi, O< THE SE I/4 OF SW IJ<Or SEC,35 1 JISUNI T�9001Free,. (}SW)•SuitIIBj,Jj Bloomington,Minnesota 55420-3435 952-6111-2455(Fax: 952-888-9526) 97-395-C e61J29 T.28,R.23.5.35 97295COOI-SRETCN.tlwg 113( LAND SURVEYING www•suade.com Res 2018-25 Page 4 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith,being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 4"day of May, 2018. Lorri Smith, City Clerk (SEAL)