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Res 2018- 72 Deny Lot Split and Land Combination 754 and 760 Upper Colonial Dr Wentworth ParkCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-72 RESOLUTION DENYING A LOT SPLIT AND LAND COMBINATION OF CITY -OWNED LANDS FOR PROPERTIES LOCATED AT 754 AND 760 UPPER COLONIAL DRIVE AND PART OF WENTWORTH PARK (PLANNING CASE NO. 2018-16) WHEREAS, Jason & Sarah Barrett of 754 Upper Colonial Drive and John & Deanne Bennett of 760 Upper Colonial Drive (collectively known as the "Applicants" herein) requested a lot split and lot combination of city -owned lands and for the properties located at 754 and 760 Upper Colonial Drive (the "Subject Properties"), legally described in attached Exhibit A; and WHEREAS, the city—owned lands are generally described as part of adjacent Wentworth Park property, legally described as Outlot B, CHERRY HILL ADDITION, Dakota County, Minnesota; and WHEREAS, Title 11-1-5.0 of the City Code (Subdivision Regulations) allows lot splits or the readjustment of lot lines between or within legal parcels of records, provided the resulting lots are compliant with the requirements of the applicable and underlying zoning district; and WHEREAS, the Applicants sought to have the City of Mendota Heights approve a lot split of city -owned park land property located immediately behind and adjacent to the Subject Properties, whereby two (2) new small parcels would be created and legally combined with the Subject Properties; and WHEREAS, on June 26, 2018, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended approval of the Lot Split and Combination of city -owned lands be approved to the Applicants, with certain findings of fact and conditions of approval. Res 2018-72 Page 1 NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Split and Combination of city -owned lands, as proposed under Planning Case No. 2018-16, is hereby denied with the following findings of fact: A. The proposed lot spit and combination of city -owned park lands is not in the best interests of the city, and takes away potentially valuable land for future park needs. B. Due to an impending approval of a separate license agreement between one of the Applicants and the City of Mendota Heights, a reasonable alternative exists whereby no permanent loss of city [park] lands is needed; therefore, the splitting of the city owned lands is no longer necessary. C. The resulting effect of one Applicant starting the construction of a new accessory building without a permit on city -owned lands does not constitute a reasonable request or justifiable means to sell or convey city lands to correct this error or allow a structure encroachment to continue. D. Approval of this lot split and combination, which means the forfeiture of city park lands and public open space, will result in the full loss and enjoyment of others in the city and the neighborhood, which can result in long-teiin or negative impacts upon the character of the neighborhood. Adopted by the City Council of the City of Mendota Heights this 17th day of September, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS u -DLL Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2018-72 Page 2 EXHIBIT A Existing Legal Description of 760 Upper Colonial Drive - PID No. 27-17150-07-081) PARCEL A: That part of Lot 8, Black 7, CHERRY HILL, Dakota County, Minnesota lying Easterly of the following described line: Commencing at the Southwest corner of said Lot 8; thence North 80 degrees 35 minutes 21 seconds East an assumed bearing along the south line of said Lot 8 a distance of 3.50 feet to the point of beginning; thence North 5 degrees 49 minutes 56 seconds West 154.13 feet to the north line of said Lot 8 and there terminating. [Torrens property] New Legal Description of 760 Upper Colonial Drive (as a result of lot line adjustment) PARCEL 1: That part of Lots 8 and 9, Block 7, CHERRY HILL, Dakota County, Minnesota lying Westerly of Line A and Easterly of Line B, both being described as follows: Line A: Commencing at the Southwest corner of Lot 9; thence North 80 degrees 35 minutes 21 seconds East an assumed bearing along the south line of said Lot 9 a distance of 2.26 feet to the point of beginning of Line A; thence North 8 degrees 24 minutes 41 seconds West 158.41 feet, more or less, to the north line of said Lot 9 and there terminating. Line B: Commencing at the Southwest corner of Lot 8; thence North 80 degrees 35 minutes 21 seconds East an assumed bearing along the south line of said Lot 8 a distance of 3.50 feet to the point of beginning of Line B; thence North 5 degrees 49 minutes 56 seconds West 154.13 feet, more or less, to the north line of said Lot 8 and there terminating. PARCEL 1 Area = 15,157 square feet 0.348 acres. Existing Legal Description for 754 Upper Colonial Drive - PID No. 27-17150-07-090 & 27-17150-07-102) PARCEL B: Lot 9, Block 7, and that part of Lot 10, lying westerly of the following described fine: Beginning at an iron pipe on the North line of said Lot 10 distant 18.4 feet from the Northwest corner of said Lot 10; thence Southerly to the Southwest corner of said Lot 10 and there terminating. All in Block 7, CHERRY HILL ADDITION. The Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marked by judicial landmarks set pursuant to District Court Case No. 55627. Subject to the encumbrances shown on Certificate of Title No. 35399. [Torrens property] New Legal Description of 754 Upper Colonial Drive (as a result of lot line adjustment) That part of Lots 9 and 10, Block 7, CHERRY HILL, Dakota County, Minnesota lying Westerly of Line 1 and Easterly of Line 2, both being described as follows: Line 1: Commencing at an iron pipe on the North line of said Lot 10 distant 18.4 feet Easterly from the Northwest corner of said Lot 10; thence Southerly to the Southwest corner of said Lot 10 and there terminating. Line 2: Commencing at the Southwest corner of Lot 9; thence North 80 degrees 35 minutes 21 seconds East an assumed bearing along the south line of said Lot 9 a distance of 2.26 feet to the point of beginning of Line A; thence North 8 degrees 24 minutes 41 seconds West 158.41 feet, more or less, to the north line of said Lot 9 and there terminating. PARCEL 2 Area = 16,995 square feet = 0.390 acres. Res 2018-72 Page 3 EXHIBIT A uroa-610AEoJns(sy»uu :gem wos.s.a(anundsugywoi xoj 77£5--'618 (LS5) IOCS—'B9 (Z56) OZ455 'ury uofbuwoolg ylnos anuany alopu4-1 £g06 S1Nvl'In1SNOO S80.13ANf S aHn '3HI '03 NOSNHOP 'S ANWH VIOS3NNIW'SJ H©I3H VIOUNNY 3AIkIa IVINO100 d3ddl 09L'8 t'SL :3JJ5 113HHHV8 NOSVr'9 HVHJVS NOOswaensiO1 U01 A3AHAS NO(LVOLAU.H]O 107 f 2 LJOI' SSLBL(1Z w6 b• WLSL6-E4 Res 2018-72 Page 4