Res 2018- 45 Lot Split and Combination 1673 Delaware Ave�Kb
3MM7
7"1"
,e
w=Isis
Im"
} OefYOFI�'DOSANRIONSS
DAI(0tA IbVNtI'. ApNhE60TA
��
NF901.IITI0NN1615
E850LVtfONAPPYDVNBALp'f9PLLT 16IRD1{T61O�M'OL0T
COIIDPUIION POR PROP%RSYL0Gi%IIAS I{i3DEW WMEAV6NU6
wl.em+wa cnsgrvo. zolapp
P'fdRGRMtls mi hd.heu, amee<me-aedi®,r,m-a.+,e.9 hm mpe,a mea
W hpvpnH loWe3 st 1673 Oe RrAvm:gm{I rdwtlu Plmtivg Cue No. hitA be
'Slhjmem%fY);ma °d^Hr Metl6dm Nazhei RvlulalA (0i
smjm Popary is M III OwM MevamaN in We" 39
Comprekmlve Plan some b mite R. IA Oee Pauilr Eeslaenaal pmct. mitl
WH% S, TIN, 11 3-2,fd, (sty e(116LWeirmOamerce) Wow t1sc li Am
,f Pmla emNhd mu, CK, . 0"44$,lo mmpMmi Isis ih, rtpW®mu,fine app6Wle
�.,gainla ma
WIRR6A6, mo AppGoma w xekwg i, auE1uide me MaI sg 100.5 m SA,,,
Pmpuy mm b.,P^pla»+maPmWbf'EMemar rmoistivgofao azu®a.Irt ,J
•wwealer b,amg,rs.v ace',el„g .;mvex mvu.ge soanmiy.,...mwe„oia
�.�®awe.�eawe.alle®1ya xm®aiwoe�mtlmm, engem Ewihi�a:em
Wxrtne.e me AIWNwp: -Pl m,A we a nnH ao ne panel e,nu ik
..q.byleOmiirl,,umg m.mva.p.m surra•weaewe Lyth, pp mepa.,slbili se
ro lysbbsssepdly ,dlitsedmld],t'mxmE it5aass! 6y m, APoliem4 a,sl v'Iv,h4
IgdH<esv'nbW mtlilbehbiwtlbelwtl Fxtisilb: ma
Ime 36.201 R. Me Mmtl,u H,g t, Phwwg lomwerovhe1Lapvbli,
humgw this mtllu as lheieregNermxWig e,a wherevpm dlti m.h',g and fa,p
di,aumIs, Ihhi de Plae,ae<'evvvv.imt.¢own.Me{uuarvmom app,vat a meW
Spit ma list smrlva xtq nup,paMw elemi,gG Nv. 201816• niti ue4w
fi isfs Ifmti ,J moaNme ofPopmvll u minibe,.i¢
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-45
RESOLUTION APPROVING A LOT SPLIT (SUBDIVISION) AND LOT
COMBINATION FOR PROPERTY LOCATED AT 1673 DELAWARE AVENUE
(PLANNING CASE NO. 2018-14)
WHEREAS, Mike and Michelle Bader (the "Applicant" and "Owner") have applied for a
Lot Split (Subdivision) and Lot Combination as proposed under Planning Case No. 2018-14, for
the property located at 1673 Delaware Avenue, and legally described in attached Exhibit A (the
"Subject Property"); and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030
Comprehensive Plan and is located in the R -1A One Family Residential District; and
WHEREAS, 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; and
WHEREAS, the Applicants are seeking to subdivide the existing 10.05 acre Subject
Property into two parcels, with a proposed "East Parcel" consisting of 4.0 acres and a proposed
"West Parcel" consisting of 5.82 acres, along with new drainage and utility easements on said
East and West Parcels, all legally described and illustrated in the attached Exhibit A; and
WHEREAS, the Applicants intend to sell the easterly 4.0 acre parcel containing the
existing single-family dwelling to a third -party buyer, while the westerly 5.42 acre parcel will be
combined and legally joined to Lot 3, Foxwood Addition, owned by the Applicants, and which is
legally described and illustrated on attached Exhibit B: and
WHEREAS, on June 26, 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
Split and Lot Combination request as proposed under Planning Case No. 2018-14, with certain
findings of fact and conditions of approval as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Lot Split and Lot Combination request as proposed under Planning Case No. 2018-14, and for the
property located at 1673 Delaware Avenue (generally Lot 3, Block 1, Foxwood), can be approved
based on the following findings of fact:
A. The proposed lot split and combination meet the purpose and intent of the City
Code under Title 11 - Subdivision Regulations and can be considered consistent
with the Comprehensive Plan.
B. The proposed lot split and lot combination will not create any negative impacts to
the surrounding uses or neighborhood.
C. The requirement to have the Applicant legally combine the two parcels, identified
herein as Lot 3, Block 1, Foxwood and the West/South Parcel, will eliminate any
nonconforming issue or status of the newly created parcel.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Split
and Lot Combination request as proposed under Planning Case No. 2018-14, and for the property
located at 1673 Delaware Avenue (generally Lot 3, Block 1, Foxwood), is hereby approved with
the following conditions:
1. The newly created parcel, identified and described as the "West Parcel" on the
attached survey drawings (prepared by Loucks - dated 05/24/2018) shall be
combined with the existing Lot 3, Block 1, Foxwood. No development of the
combined west parcel will be allowed until the aforementioned lot combination is
recorded with Dakota County.
2. The applicant shall dedicate a new 300 -ft. wide (approximate) drainage and utility
easement over the westerly part of the "West Parcel"; and dedicate drainage and
utility easements over the north 5.00 feet, the south 5.00 feet, the east 40.00 feet
(including 30 -feet of Delaware Avenue) and the westerly 10.00 feet of the "East
Parcel", and all must be denoted on the certificate of survey or recordable document
approved by the city and filed with Dakota County.
3. The new 8.32 acre parcel to be created after the combination process can only be
used for one (1) single-family residential dwelling development; unless the
Applicant/Owner receives full consideration and approval by the city of a new
subdivision under separate application(s), per City Code Title 11 — Subdivision
Regulations; and the Applicant/Owner must enter into an agreement that this
condition shall run with the land and to all future ownership of said parcel.
4. Since this application is entirely initiated by the Applicant and due to their own
action and preference, any approval of this lot split and lot combination does not in
any way provide a future hardship or automatic allowance to the Applicant or any
future owners of the 8.32 acre parcel (or adjacent lands), to have this area
Res 2018-45 page 2
subdivided in the future with a reduced roadway design equal to the existing
Foxwood Lane right-of-way.
5. City shall disseminate copies of all related materials and paperwork fmalizing this
lot split approval to the adjacent property owners.
Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 2018.
CITY COUNCIL
CITY OF MEND AMT
--)(1_0-32b-)
ATTEST: Neil Garlock, Mayor
d`vt,c,
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-45 page 3
EXHIBIT A
Legal Descriptions
Existing Parcel - PID No. 27-02400-76-010:
The North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 24, T.28N., R.23
W., Dakota County, Minnesota.
Proposed East Parcel
That part of the North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 24,
T.28N., R.23 W., Dakota County, Minnesota lying east of the following described line:
Commencing at the Northeast corner of said North Half; thence westerly, along the north line of said
North Half a distance of 530.00 feet, to the point of beginning of the line to be described; thence southerly,
at a right angle, a distance of 120.00 feet; thence southwesterly, deflecting to the right 24 degrees 22
minutes 00 seconds, a distance of 229.66 feet, more or less, to the south line of said North Half and there
terminating.
Proposed West Parcel
That part of the North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 24,
T.28N., R.23 W., Dakota County, Minnesota lying west of the following described line:
Commencing at the Northeast corner of said North Half; thence westerly, along the north line of said
North Half a distance of 530.00 feet, to the point of beginning of the line to be described; thence southerly,
at a right angle, a distance of 120.00 feet; thence southwesterly, deflecting to the right 24 degrees 22
minutes 00 seconds, a distance of 229.66 feet, more or less, to the south line of said North Half and there
terminating.
Proposed Drainage and Utility Easements over East Parcel
Drainage and Utility easements over the north 5.00 feet, the south 5.00 feet, the east 40 feet and the westerly
10.00 feet of the following described parcel:
That part of the North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 24,
T.28N., R.23 W., Dakota County, Minnesota lying east of the following described line:
Commencing at the Northeast corner of said North Half; thence westerly, along the north line of said
North Half a distance of 530.00 feet, to the point of beginning of the line to be described; thence southerly,
at a right angle, a distance of 120.00 feet; thence southwesterly, deflecting to the right 24 degrees 22
minutes 00 seconds, a distance of 229.66 feet, more or less, to the south line of said North Half and there
terminating.
Proposed Drainage and Utility Easement over West Parcel
A Drainage and Utility easement over that part of the North Half of the South Half of the Northeast Quarter of the
Southeast Quarter of Section 24, T.28N., R.23 W., Dakota County, Minnesota lying west of the following
described line:
Commencing at the Northwest corner of said North Half; thence easterly, along the north line of said
North Half a distance of 300.00 feet, to the point of beginning of the line to be described; thence
southwesterly, deflecting to the right, 97 degrees, 20 minutes, 00 seconds, a distance of 331.94 feet,
more or less, to the south line of said North Half and there terminating.
Res 2018-45
EXHIBIT A
--1Y fiLul �"1 'FL aa;
page 5
EXHIBIT B
Legal Descriptions
Parcel Combination Request
Existing North Parcel
Lot 3, Block 1, FOXWOOD, Dakota County, MN
Existing South Parcel
That part of the North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 24,
T.28N., R.23 W., Dakota County, Minnesota lying west of the following described line:
Commencing at the Northeast corner of said North Half; thence westerly, along the north line of said
North Half a distance of 530.00 feet, to the point of beginning of the line to be described; thence southerly,
at a right angle, a distance of 120.00 feet; thence southwesterly, deflecting to the right 24 degrees 22
minutes 00 seconds, a distance of 229.66 feet, more or Tess, to the south line of said North Half and there
terminating.
Combined Legal Description
Lot 3, Block 1, FOXWOOD, Dakota County, MN
together with
That part of the North Half of the South Half of the Northeast Quarter of the Southeast Quarter of Section 24,
T.28N., R.23 W., Dakota County, Minnesota lying west of the following described line:
Commencing at the Northeast corner of said North Half; thence westerly, along the north line of said
North Half a distance of 530.00 feet, to the point of beginning of the line to be described; thence southerly,
at a right angle, a distance of 120.00 feet; thence southwesterly, deflecting to the right 24 degrees 22
minutes 00 seconds, a distance of 229.66 feet, more or less, to the south line of said North Half and there
terminating.
Res 2018-45 page 6
Res 2018-45
EXHIBIT B
/ Bud PZ d"1
.!14'4-7 3' c��•��m
tivy 'tM a-.
WA' 35 Vi
page 7