Res 2018- 21 Variance 2144 Theresa StReceipt:# 551767
VR $46.00
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Recorded on: 5/4/20 8 2:08 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 2018-21
RESOLUTION APPROVING A VARIANCE TO ALLOW REDUCED
SETBACKS FROM SIDE -YARD SETBACKS
FOR THE PROPERTY LOCATED AT 2144 THERESA STREET
(PLANNING CASE NO. 2018-04)
WHEREAS, Shirley Hetherington (the "Applicant") has applied for a Variance, as
proposed under Planning Case No. 2018-04, for the property located at 2144 Theresa Street, and
legally described in attached Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as LR -
Low Density Residential and zoned R-1 One Family Residential according to the city's official
Zoning Map; and
WHEREAS, the Applicant is seeking to add a 9' x 22' (198-sf.) single -stall garage
addition next to an existing 528-sf., 2 -car attached garage structure, which would reduce the
setback along the north side of the dwelling down to 7 -feet from the north property line, and where
under the R-1 Zone standards, a 10 -ft. side -yard setback is required, which necessitates the
consideration of this variance application; and
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 to deny (6-1 vote) the variance request for the property located at 2144 Theresa
Street, with modified findings of fact, as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
3 -foot variance to the required 10 -foot side -yard setback for the property located at 2144 Theresa
Street, as proposed under Planning Case No. 2018-04, can be supported and approved based on
the following findings of fact:
A. Construction of the proposed garage addition onto the existing single-family
dwelling is a reasonable use of the property and consistent with the Comprehensive
Plan.
B. The Applicant has demonstrated a reasonable and practical difficulty for allowing
a reduced setback standard in order to construct a new garage addition, which will
be in compliance with all other applicable codes.
C. The garage addition on the existing single-family dwelling is considered a
reasonable request and use of the property.
D. The addition will tie-in and match the existing dwellings architecture and designs,
which will not alter the essential character of the neighborhood.
E. Granting of the variance is made in accordance with the standards as indicated
under the City Code.
F. The original arrangement of the house centered on the subject property lot created
a unique situation for the homeowner, which was not created by the homeowner,
and therefore lends additional support for approving this variance.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request
for a 3 -foot variance to the 10 -foot side -yard setback, for the property located at 2144 Theresa
Street, and as proposed under Planning Case No. 2018-04, is hereby approved with the following
conditions:
1. The proposed encroachment for the addition shall not extend further than 3 -feet
into the required side -yard setback, as illustrated on the survey and site plan
included in the application submittal (on file with the City Planning Dept. Planning
Case File No. 2018-04).
2. The new garage addition, including the roofline, will match the overall architecture
and design of the existing garage and residential dwelling.
3. Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
4. 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.
5. Within one year of approval by the City Council, the Applicant shall obtain a
building permit for construction of the proposed garage addition.
Adopted by the City Council of the City of Mendota Heights this 6th day of March, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Neil Garlock, Mayor
ATTEST:
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Lorri Smith, City Clerk
Drafted by: City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, MN 55118
Res 2018-21
page 2
EXHIBIT A
Property Address: 2144 Theresa Street, Mendota Heights MN 55120
PID: 27-19150-00-170
Legal Description: Lot 17, CURLEY'S VALLEY VIEW REPLAT, Dakota County,
Minnesota
Res 2018-21 page 3
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 4tn day of May, 2018.
(SEAL)
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Lorri Smith, City Clerk