Res 2019- 17 Variance to Building Heights Standard 701 Mendota Hts RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-17
RESOLUTION APPROVING A VARIANCE TO THE BUILDING HEIGHT STANDARD
IN THE R-1 DISTRICT FOR FRIENDLY HILLS MIDDLE SCHOOL (ISD #197) —
LOCATED AT 701 MENDOTA HEIGHTS ROAD
(PLANNING CASE NO. 2019-02)
WHEREAS, Independent School District No. 197 (the "Applicant") applied for a Variance
Application under Planning Case No. 2019-02, for the property generally identified as Friendly
Hills Middle School, located at 701 Mendota Heights Road, and which is legally described in
attached Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as
Institutional — "S -School" and zoned R-1 One Family Residential, according to the city's official
Zoning Map; and
WHEREAS, City Code Section 12 -1E -3.D states no structures or building shall exceed
twenty-five feet (25') in height in residential zones; and
WHEREAS, the Applicant is seeking permission to exceed the maximum allowable height
for a new gymnasium/performance center addition to the middle school facility; and
WHEREAS, on February 26, 2019, the Mendota Heights Planning Commission held a
public hearing on this item, 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 unanimously (7-0 vote) to
approve the Variance to exceed the maximum height of 25 -feet by 6 -ft. - 5 -inches, for total building
height of 31 -ft. -5 -inches, as presented under Planning Case No. 2019-02, and for property located
at 701 Mendota Heights Road.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Variance to exceed the maximum height of 25 -feet by 6 -ft. - 5 -inches, for total building height of
31 -ft. -5 -inches, as presented under Planning Case No. 2019-02, and for property located at 701
Mendota Heights Road, can be supported and approved based on the following findings of fact:
A. The scale and scope of the variance needed to justify and approve the extended
height of the proposed gym addition structure are considered consistent with the
spirit and intent of the City Code and Comprehensive Plan for the community, and
may be approved as presented.
B. The Applicant have proven or demonstrated a practical difficulty or reasonableness
in this case for granting of a variance to allow the gym addition structure to exceed
the normal maximum height of single family residential structures in the underlying
R-1 Zone; and it should be noted the new gym height will match the existing gym
height, and be less than the overall height of the principal (main) school facility.
C. The plight of the landowner is due to circumstances unique to the property, as this
school use is not a typical single-family use in the underlying R-1 One Family
Residential District, and therefore does warrant the approval of said variance.
D. The variances, if granted, will not alter the essential character of the neighborhoods;
since the school is and has been in place and operation for a number of years in the
community, and there is a general accepted expectation that this gym addition
improvement can be considered a reasonable improvement for the overall benefit
and enjoyment of the school, its students, faculty, and the community.
E. The factual findings and analysis found in the Planning Staff Report, dated and
presented February 26, 2019 (and on file with the City of Mendota Heights) is
hereby fully incorporated into this Resolution
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request
for Variance to ISD #197 (Friendly Hills Middle School), as presented under Planning Case No.
2019-02, and for property located at 701 Mendota Heights Road, is hereby approved with the
following conditions:
The Applicant shall obtain all necessary building permit for the new structure
identified herein, including any fences or electrical permits as necessary.
2. All grading and construction activity will 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.
Res 2019-17 page 2
Adopted by the City Council of the City of Mendota Heights this 5th day of March, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2019-17 page 3
EXHIBIT A
Property Address: 701 Mendota Heights Road
Mendota Heights MN 55120
Friendly Hills Middle School
DESCRIPTION OF PROPERTY SURVEYED
(Per Warranty Deed Numbers 344343 and 344342)
All that part of the Northeast Quarter (NE 1/ 4) of the Southwest Quarter (SW 1/ 4) of
Section Thirty-six (36), Township Twenty-eight (28), Range (23), lying North of the
proposed Mendota Heights Road, containing 33 acres more or less, Dakota County,
Minnesota.
Res 2019-17 page 4
6 3296647
VR 3
'6IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 3/14/2019 2:31 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 2019-17
RESOLUTION APPROVING A VARIANCE TO THE BUILDING HEIGHT STANDARD
IN THE R-1 DISTRICT FOR FRIENDLY HILLS MIDDLE SCHOOL (ISD #197) —
LOCATED AT 701 MENDOTA HEIGHTS ROAD
(PLANNING CASE NO. 2019-02)
WHEREAS, Independent School District No. 197 (the "Applicant") applied for a Variance
Application under Planning Case No. 2019-02, for the property generally identified as Friendly
Hills Middle School, located at 701 Mendota Heights Road, and which is legally described in
attached Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as
Institutional — "S -School" and zoned R-1 One Family Residential, according to the city's official
Zoning Map; and
WHEREAS, City Code Section 12 -1E -3.D states no structures or building shall exceed
twenty-five feet (25') in height in residential zones; and
WHEREAS, the Applicant is seeking permission to exceed the maximum allowable height
for a new gymnasium/performance center addition to the middle school facility; and
WHEREAS, on February 26, 2019, the Mendota Heights Planning Commission held a
public hearing on this item, 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 unanimously (7-0 vote) to
approve the Variance to exceed the maximum height of 25 -feet by 6 -ft. - 5 -inches, for total building
height of 31 -ft. -5 -inches, as presented under Planning Case No. 2019-02, and for property located
at 701 Mendota Heights Road.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Variance to exceed the maximum height of 25 -feet by 6 -ft. - 5 -inches, for total building height of
31 -ft. -5 -inches, as presented under Planning Case No. 2019-02, and for property located at 701
Mendota Heights Road, can be supported and approved based on the following findings of fact:
A. The scale and scope of the variance needed to justify and approve the extended
height of the proposed gym addition structure are considered consistent with the
spirit and intent of the City Code and Comprehensive Plan for the community, and
may be approved as presented.
B. The Applicant have proven or demonstrated a practical difficulty or reasonableness
in this case for granting of a variance to allow the gym addition structure to exceed
the normal maximum height of single family residential structures in the underlying
R-1 Zone; and it should be noted the new gym height will match the existing gym
height, and be less than the overall height of the principal (main) school facility.
C. The plight of the landowner is due to circumstances unique to the property, as this
school use is not a typical single-family use in the underlying R-1 One Family
Residential District, and therefore does warrant the approval of said variance.
D. The variances, if granted, will not alter the essential character of the neighborhoods;
since the school is and has been in place and operation for a number of years in the
community, and there is a general accepted expectation that this gym addition
improvement can be considered a reasonable improvement for the overall benefit
and enjoyment of the school, its students, faculty, and the community.
E. The factual findings and analysis found in the Planning Staff Report, dated and
presented February 26, 2019 (and on file with the City of Mendota Heights) is
hereby fully incorporated into this Resolution
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request
for Variance to ISD #197 (Friendly Hills Middle School), as presented under Planning Case No.
2019-02, and for property located at 701 Mendota Heights Road, is hereby approved with the
following conditions:
The Applicant shall obtain all necessary building permit for the new structure
identified herein, including any fences or electrical permits as necessary.
2. All grading and construction activity will 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.
Res 2019-17 page 2
Adopted by the City Council of the City of Mendota Heights this 5th day of March, 2019.
J e
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
Res 2019-17 page 3
EXHIBIT A
Property Address: 701 Mendota Heights Road
Mendota Heights MN 55120
Friendly Hills Middle School
DESCRIPTION OF PROPERTY SURVEYED
(Per Warranty Deed Numbers 344343 and 344342)
All that part of the Northeast Quarter (NE 1/ 4) of the Southwest Quarter (SW 1/ 4) of
Section Thirty-six (36), Township Twenty-eight (28), Range (23), lying North of the
proposed Mendota Heights Road, containing 33 acres more or less, Dakota County,
Minnesota.
Res 2019-17 page 4
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 141 day of March, 2019.
Lorri Smith, City Clerk
(SEAL)