Res 2018- 44 CUP 1133 Delaware AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-44
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW OVERSIZED DETACHED GARAGE IN THE R-1 DISTRICT
LOCATED AT 1133 DELAWARE AVENUE
(PLANNING CASE NO. 2018-12)
WHEREAS, Erick Schmidt (the "Applicant") has applied for a conditional use permit
to allow an oversized detached garage in the R-1 District, as proposed under Planning Case No.
2018-12, and for the property located at 1133 Delaware Avenue, described in the attached
Exhibit A; and
WHEREAS, pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.2:
"Single-family residential parcels that do not have an attached garage may be allowed one
detached garage up to seven hundred fifty (750) square feet as a permitted structure, or up to
one thousand (1,000) square feet upon approval of a conditional use permit."; and
WHEREAS, the Applicants propose to remove an existing 20 x 28 two car detached
garage and reconstruct anew 26' x 40' (992 sq. ft.) three -car detached garage on the property; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of June 26, 2018, whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (by 6-0 vote) of the
conditional use permit to allow a new detached garage up to 992 -sq. ft. in the R-1 District, with
certain findings of fact and conditions noted herein.
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
planning item at the regular meeting of June 26, 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 Conditional Use Permit request for the property located
at 1133 Delaware Avenue, with certain findings of fact and conditions as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council
that the conditional use permit to allow an oversized detached garage in the R-1 District, as
proposed under Planning Case No. 2018-12, and for the property located at 1133 Delaware
Avenue, can be approved based on 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 992 -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 hauuony 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 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 to allow an oversized detached garage in the R-1 District, as proposed
under Planning Case No. 2018-12, and for the property located at 1133 Delaware Avenue, is
hereby approved with the following conditions:
1. The proposed detached garage shall be constructed in compliance with all
applicable City Code standards noted in Section 12-1D-3 Accessory Structures.
2. The applicant shall 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.
Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2018.
ATTEST
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Res 2018-44 page 2
EXHIBIT A
Property Address: 1133 Delaware Avenue, Mendota Heights MN
PID: 27-71150-02-011
Legal Description: The North 100-ft. of the East 150-ft. of Lot 1, Block 2, Somerset View
Addition, Dakota County, Minnesota.
[Abstract Property]
Res 2018-44 page 3
Receipt:# 596278
COND $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-44
3296349
Recorded on: 3/13/2019 8:21 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW OVERSIZED DETACHED GARAGE IN THE R-1 DISTRICT
LOCATED AT 1133 DELAWARE AVENUE
(PLANNING CASE NO. 2018-12)
WHEREAS, Erick Schmidt (the "Applicant") has applied for a conditional use permit
to allow an oversized detached garage in the R-1 District, as proposed under Planning Case No.
2018-12, and for the property located at 1133 Delaware Avenue, described in the attached
Exhibit A; and
WHEREAS, pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.2:
"Single-family residential parcels that do not have an attached garage may be allowed one
detached garage up to seven hundred fifty (750) square feet as a permitted structure, or up to
one thousand (1, 000) square feet upon approval of a conditional use permit."; and
WHEREAS, the Applicants propose to remove an existing 20 x 28 two car detached
garage and reconstruct anew 26' x 40' (992 sq. ft.) three -car detached garage on the property; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of June 26, 2018, whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (by 6-0 vote) of the
conditional use permit to allow a new detached garage up to 992 -sq. ft. in the R-1 District, with
certain findings of fact and conditions noted herein.
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
planning item at the regular meeting of June 26, 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 Conditional Use Permit request for the property located
at 1133 Delaware Avenue, with certain findings of fact and conditions as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council
that the conditional use permit to allow an oversized detached garage in the R-1 District, as
proposed under Planning Case No. 2018-12, and for the property located at 1133 Delaware
Avenue, can be approved based on 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 992 -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 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 to allow an oversized detached garage in the R-1 District, as proposed
under Planning Case No. 2018-12, and for the property located at 1133 Delaware Avenue, is
hereby approved with the following conditions:
The proposed detached garage shall be constructed in compliance with all
applicable City Code standards noted in Section 12-1D-3 Accessory Structures.
2. The applicant shall 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.
Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Res 2018-44 page 2
Drafted by; City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
EXHIBIT A
Property Address: 1133 Delaware Avenue, Mendota Heights MN
PID: 27-71150-02-011
Legal Description: The North 100 -ft. of the East 150 -ft. of Lot 1, Block 2, Somerset View
Addition, Dakota County, Minnesota.
[Abstract Property]
Res 2018-44 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 12' day of March, 2019.
Lorri Smith, City Clerk
(SEAL)