Res 2018- 77 Variance 1678 Lilac Lane Receipt:#596273 3296346
VR $46.00 I IIIIII IIl VIII VIII VIII IIII VIII 1III IIII
Recorded on:3/12/2019 3:45 PM
By:TMB,Deputy
Office of the County Recorder
Dakota County,Minnesota
Amy A.Koethe,County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-77
RESOLUTION APPROVING A VARIANCE TO ALLOW REDUCED
SETBACK FROM SIDE-YARD SETBACKS OF A DRIVEWAY AND PARKING AREA
FOR THE PROPERTY LOCATED AT 1678 LILAC LANE
(PLANNING CASE NO. 2018-24)
WHEREAS, Per and Sandra Moberg (the "Applicants") applied for a Variance, as
proposed under Planning Case No. 2018-24, for the property located at 1678 Lilac Lane, 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, City Code Section 12-ID-16 requires residential driveways, including off-
street parking areas to be setback at least five feet (5') from any interior side lot line; and
WHEREAS,the Applicants are seeking to add a new parking pad measuring approx. 9-ft.
by 20-ft. along the north side of the dwelling, with an added 9-ft. by 20-ft. driveway/apron, which
would encroach 4-ft. into the required 5-ft. side-yard setback area, and necessitates the approval
of this variance application; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
item at a special meeting of October 4, 2018, whereby a planning staff report was presented and
received by the commission, comments from the Applicant and public were received and noted
for the record, and upon closing the hearing, the Planning Commission recommended to approve
(by 5-2 vote) the variance request for the property located at 1678 Lilac Lane, as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
variance to encroach four feet (4') into the required five- foot (5') side-yard setback for the
property located at 1678 Lilac Lane and as proposed under Planning Case No. 2018-24, can be
supported and approved based on the following findings of fact:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-77
RESOLUTION APPROVING A VARIANCE TO ALLOW REDUCED
SETBACK FROM SIDE -YARD SETBACKS OF A DRIVEWAY AND PARKING AREA
FOR THE PROPERTY LOCATED AT 1678 LILAC LANE
(PLANNING CASE NO. 2018-24)
WHEREAS, Per and Sandra Moberg (the "Applicants") applied for a Variance, as
proposed under Planning Case No. 2018-24, for the property located at 1678 Lilac Lane, 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, City Code Section 12-1D-16 requires residential driveways, including off-
street parking areas to be setback at least five feet (5') from any interior side lot line; and
WHEREAS, the Applicants are seeking to add a new parking pad measuring approx. 9 -ft.
by 20 -ft. along the north side of the dwelling, with an added 9 -ft. by 20 -ft, driveway/apron, which
would encroach 4 -ft. into the required 5 -ft. side -yard setback area, and necessitates the approval
of this variance application; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
item at a special meeting of October 4, 2018, whereby a planning staff report was presented and
received by the commission, comments from the Applicant and public were received and noted
for the record, and upon closing the hearing, the Planning Commission recommended to approve
(by 5-2 vote) the variance request for the property located at 1678 Lilac Lane, as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
variance to encroach four feet (4') into the required five- foot (5') side -yard setback for the
property located at 1678 Lilac Lane and as proposed under Planning Case No. 2018-24, can be
supported and approved based on the following findings of fact:
A. The request for the variances to encroach into the required side -yard setback is
relatively minor in its overall scope and impacts, and can be considered in harmony
with the general purposes and intent of the ordinances; as the Applicant proposes
to use the property in a reasonable manner.
B. The existing conditions of the property and placement of the home, both of which
were not created by the current homeowner, present a case of a practical difficulties
for the homeowner to provide a wider and more useable driveway and parking area
for the residential property; and said improvement will be more convenient to the
homeowner and future owners of the property.
C. The requested variances are considered a reasonable request and the impacts caused
by the increased encroachment may not negatively affect the adjacent or
neighboring properties.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request
of a variance to encroach four feet (4') into the required five- foot (5') side -yard setback for the
property located at 1678 Lilac Lane is hereby approved with the following conditions:
1. A driveway permit shall be obtained prior to any installation or construction of the
new driveway or parking pad area.
2. The proposed encroachment for the driveway shall not extend closer than one -foot
(1') from the side -interior lot line.
3. Any new grading and construction activity will be in compliance with applicable
federal, state, and local regulations; 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 16th day of October, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2018-77 page 2
EXHIBIT A
Property Address: 1678 Lilac Lane, Mendota Heights MN 55118
PID: 27-76400-01-110
Legal Description: Lot 11, Block 1, TILSEN'S HIGHLAND HEIGHTS, Dakota County,
Minnesota
Abstract Property
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2018-77 page 3