Res 2018- 93 Lot Split for 1925 Victoria Rd SCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-93
RESOLUTION APPROVING A LOT SPLIT (SUBDIVISION)
FOR PROPERTY LOCATED AT 1925 VICTORIA ROAD SOUTH
(PLANNING CASE NO. 2018-25)
WHEREAS, Steve Norton (the "Applicant"), acting on behalf of the Steven T. Povolny
(the "Owner") have applied for a Lot Split (Subdivision) as proposed under Planning Case No.
2018-25, for the property located at 1925 Victoria Road South, and legally described in attached
Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the current
2030 Comprehensive Plan and is located in the R-1 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 Applicant seeks to subdivide the Subject Property into two parcels, as
legally described in attached Exhibit B and illustrated in attached Exhibit B-1; and
WHEREAS, on November 27, 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 request, 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 request for 1925 Victoria Road South, and as proposed under Planning Case No. 2018-
25 can be approved based on the following findings of fact:
A. The proposed lot split request meet the overall spirit, purpose and intent of the City
Code and is consistent with the goals and objectives of the Comprehensive Plan.
B. The proposed subdivision and any new (future) residential dwelling will not create
any negative impacts to the surrounding uses or neighborhood; and the increased
front yard setbacks will ensure the new homes are in alignment with other
residential uses along Stratford Road.
C. The two lots resulting from the lot split meet City Code minimum standards and
are comparable in size and frontage to other lots on Stratford Road.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Lot Split
request for 1925 Victoria Road South, and as proposed under Planning Case No. 2018-25 is hereby
approved with the following conditions:
1) As part of any new building permit application on Parcel B, the
Applicant/Contractor shall submit full grading and utility plans subject to review
and approval by the City; all work, and land disturbance activities must comply with
the City's Land Disturbance Guidance document; and all erosion control measures
shall be installed prior to any construction, and maintained throughout the duration
of any construction activities on each parcel site until each have been properly
restored.
2) Front -yard setback for any new dwelling structure from Stratford Road shall be a
min. of 45 -feet.
3) The applicant shall dedicate all new drainage and utility easements as denoted on
the certificate of survey prepared by Lake & Land Surveying, Inc. dated
08/13/2018; or by recordable document approved by the city and filed with Dakota
County.
4) Park dedication fee of $4,000 (in lieu of land - per current City policy) will be paid
before the subdivision is recorded with Dakota County.
Adopted by the City Council of the City of Mendota Heights this 4th day of December, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, MN 55118
Res 2018-93 Page 2
EXHIBIT A
Original Property Legal Description
PID# 27-02600-27-031 and 27-72700-00-010
The South 150 feet of the North 459 feet of the East 383 feet of Government Lot 4, in the
Southeast Quarter of the Northwest Quarter of Section 26, Township 28, Range 23,
Dakota County, Minnesota, together with Outlot A of Stratford Woods, excepting
therefrom any part(s) of Lot(s 8 and) 9, Block 2 of Stratford Woods.
Res 2018-93 page 3
EXHIBIT B
NEW LOT (PARCEL) LEGAL DESCRIPTIONS
Legal Description Parcel A:
That part of the South 150 feet of the North 459 feet of the East 383 feet of Government
Lot 4, In the Southeast Quarter of the Northwest Quarter of Section 26, Township 28,
Range 23, Dakota County, Minnesota, together with Outlet A, STRATFORD WOODS,
according to the record plat thereof, Dakota County, EXCEPT any parts of Lots 8 and 9,
Block 2, STRATFORD WOODS, according to the record plot thereof, Dakota County,
lying West of a line described as follows:
Commencing at the southwest corner of said Outlet A; thence South 89 degrees, 53
minutes, 45 seconds East a distance of 111.83 feet to the point of beginning of the line to
be described; thence North 00 degrees, 06 minutes, 15 seconds East a distance of 176.99
feet to the north line of the South 150 feet of the North 459 feet of said Government Lot
4 and said line there terminating.
Subject to a permanent easement for drainage and utility purposes over, under and
across the North 10 feet, the East 5 feet, the South 10 feet and the West 5 feet thereof.
Legal Description Parcel B:
That port of the South 150 feet of the North 459 feet of the East 383 feet of Government
Lot 4, in the Southeast Quarter of the Northwest Quarter of Section 26, Township 28,
Range 23, Dakota County, Minnesota, together with Outlet A, STRATFORD WOODS,
according to the record plat thereof, Dakota County, EXCEPT any parts of Lots 8 and 9,
Block 2, STRATFORD WOODS, according to the record plat thereof, Dakota County,
lying East of a line described as follows:
Commencing at the southwest corner of said Outlet A; thence South 89 degrees, 53
minutes, 45 seconds East a distance of 111.83 feet to the point of beginning of the line to
be described; thence North 00 degrees, 06 minutes, 15 seconds East a distance of 176.99
feet to the north line of the South 150 feet of the North 459 feet of said Government Lot
4 and said line there terminating.
Subject to a roadway easement over, under and across the East 3.3 feet thereof,
EXCEPT on said OUTLOT A.
Subject to a permanent easement for drainage and utility purposes over, under and
across the North 10 feet, the South 10 feet, the West 5 feet, and the East 10 feet lying
west of the said roadway easement, and the East 10 feet lying west of the east line of
said Outlet A and its northerly extension of 10 feet, thereof.
Res 2018-93 page 4
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Res 2018-93 page 5
Res 2018-93 page 5
Receipt:# 596331
RES $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-93
3296517
Recorded on: 3/13/2019 3:40 PM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
RESOLUTION APPROVING A LOT SPLIT (SUBDIVISION)
FOR PROPERTY LOCATED AT 1925 VICTORIA ROAD SOUTH
(PLANNING CASE NO. 2018-25)
WHEREAS, Steve Norton (the "Applicant"), acting on behalf of the Steven T. Povolny
(the "Owner") have applied for a Lot Split (Subdivision) as proposed under Planning Case No.
2018-25, for the property located at 1925 Victoria Road South, and legally described in attached
Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the current
2030 Comprehensive Plan and is located in the R-1 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 Applicant seeks to subdivide the Subject Property into two parcels, as
legally described in attached Exhibit B and illustrated in attached Exhibit 13-1; and
WHEREAS, on November 27, 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 request, 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 request for 1925 Victoria Road South, and as proposed under Planning Case No. 2018-
25 can be approved based on the following findings of fact:
A. The proposed lot split request meet the overall spirit, purpose and intent of the City
Code and is consistent with the goals and objectives of the Comprehensive Plan.
B. The proposed subdivision and any new (future) residential dwelling will not create
any negative impacts to the surrounding uses or neighborhood; and the increased
front yard setbacks will ensure the new homes are in alignment with other
residential uses along Stratford Road.
C. The two lots resulting from the lot split meet City Code minimum standards and
are comparable in size and frontage to other lots on Stratford Road.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Lot Split
request for 1925 Victoria Road South, and as proposed under Planning Case No. 2018-25 is hereby
approved with the following conditions:
1) As part of any new building permit application on Parcel B, the
Applicant/Contractor shall submit full grading and utility plans subject to review
and approval by the City; all work, and land disturbance activities must comply with
the City's Land Disturbance Guidance document; and all erosion control measures
shall be installed prior to any construction, and maintained throughout the duration
of any construction activities on each parcel site until each have been properly
restored.
2) Front -yard setback for any new dwelling structure from Stratford Road shall be a
min. of 45 -feet.
3) The applicant shall dedicate all new drainage and utility easements as denoted on
the certificate of survey prepared by Lake & Land Surveying, Inc. dated
08/13/2018; or by recordable document approved by the city and filed with Dakota
County.
4) Park dedication fee of $4,000 (in lieu of land - per current City policy) will be paid
before the subdivision is recorded with Dakota County.
Adopted by the City Council of the City of Mendota Heights this 4th day of December, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
w
Neil Garlock, Mayor
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, MN 55118
Res 2018-93 Page 2
EXHIBIT A
Original Property Legal Description
PID# 27-02600-27-031 and 27-72700-00-010
The South 150 feet of the North 459 feet of the East 383 feet of Government Lot 4, in the
Southeast Quarter of the Northwest Quarter of Section 26, Township 28, Range 23,
Dakota County, Minnesota, together with Outlot A of Stratford Woods, excepting
therefrom any part(s) of Lot(s 8 and) 9, Block 2 of Stratford Woods.
Res 2018-93 page 3
I*:1:11 311i:3
NEW LOT (PARCEL) LEGAL DESCRIPTIONS
Legal Description Parcel A:
That part of the South 150 feet of the North 459 feet of the East 383 feet of Government
Lot 4, In the Southeast Quarter of the Northwest Quarter of Section 26, Township 28,
Range 23, Dakota County, Minnesota, together with Outlet A, STRATFORD WOODS,
according to the record plat thereof, Dakota County, EXCEPT any parts of Lots 8 and 9,
Block 2, STRATFORD WOODS, according to the record plot thereof, Dakota County,
lying West of a line described as follows:
Commencing at the southwest corner of said Outlet A; thence South 89 degrees, 53
minutes, 45 seconds East a distance of 111.83 feet to the point of beginning of the line to
be described; thence North 00 degrees, 06 minutes, 15 seconds East a distance of 176.99
feet to the north line of the South 150 feet of the North 459 feet of said Government Lot
4 and said line there terminating.
Subject to a permanent easement for drainage and utility purposes over, under and
across the North 10 feet, the East 5 feet, the South 10 feet and the West 5 feet thereof.
Leaal Descriation Parcel B:
That port of the South 150 feet of the North 459 feet of the East 383 feet of Government
Lot 4, in the Southeast Quarter of the Northwest Quarter of Section 26, Township 28,
Range 23, Dakota County, Minnesota, together with Outlet A, STRATFORD WOODS,
according to the record plat thereof, Dakota County, EXCEPT any parts of Lots 8 and 9,
Block 2, STRATFORD WOODS, according to the record plat thereof, Dakota County,
lying East of a line described as follows:
Commencing at the southwest corner of said Outlet A; thence South 89 degrees, 53
minutes, 45 seconds East a distance of 111.83 feet to the point of beginning of the line to
be described; thence North 00 degrees, 06 minutes, 15 seconds East a distance of 176.99
feet to the north line of the South 150 feet of the North 459 feet of said Government Lot
4 and said line there terminating.
Subject to a roadway easement over, under and across the East 3.3 feet thereof,
EXCEPT on said OUTLOT A.
Subject to a permanent easement for drainage and utility purposes over, under and
across the North 10 feet, the South 10 feet, the West 5 feet, and the East 10 feet lying
west of the said roadway easement, and the East 10 feet lying west of the east line of
said Outlet A and its northerly extension of 10 feet, thereof.
Res 2018-93 page 4
EXHIBIT B-1
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Res 2018-93 page 5
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 131 day of March, 2019.
Lorri Smith, City Clerk
(SEAL)