Res 2019- 24 CAP and Variance 1875 Hunter LnCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-24
RESOLUTION APPROVING A CRITICAL AREA PERMIT WITH VARIANCE
FOR PROPERTY LOCATED AT 1875 HUNTER LANE
(PLANNING CASE NO. 2019-06)
WHEREAS, Charlie & Co. Design (as the "Applicant") and acting on behalf of John and
Theresa Cosgriff (as "Owners"), have applied for a Critical Area Permit with a Variance, as
proposed under Planning Case No. 2019-06 for the property located at 1875 Hunter Lane (the
"Subject Properties"), and legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030
Comprehensive Plan and located in the R-1 One Family Residential District; and
WHEREAS, Title 12-3-1 of the City Code (Critical Area Overlay District) requires a
critical area permit for all development activities necessitating a building permit or special zoning
approval, and the Applicant is seeking permission to construct a new 6,500 sf. single-family
dwelling with swimming pool and other accessory uses, subject to the requirements of the
applicable zoning district and related Critical Area Overlay District standards; and
WHEREAS, City Code Section 12-3-8 13.3.f. provides for exceptions to structure setback
provisions, noted as follows: "Construction of a single-family dwelling on a lot approved by the
city and recorded in the office of the county register of deeds prior to June 1, 2003, and where the
abutting lots have been developed prior to the establishment of these regulations. In no case shall
a dwelling be placed closer to the bluff line or normal high water mark than the average setback
of the structures on the immediately adjacent lots.
WHEREAS, Title 124L-5 of the City Code (Variances) allows for the Council to grant
variances or certain modifications from the strict application of the provisions of the City Code,
and impose conditions and safeguards with variances if so needed or granted: and
WHEREAS, on March 26, 2019, the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item
with staff and the Applicant, the Planning Commission recommended unanimously (7-0 vote) to
approve the Critical Area Permit and Variance requests for 1875 Hunter Lane, with certain findings
of fact to support such recommendation.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Critical Area Permit and Variance requests for 1875 Hunter Lane as proposed under Planning Case
No. 2019-06 are both hereby approved, with the following findings of fact:
A. Under Title 12-3-5 of the City Code, the City may only grant approval of a critical area
permit for certain property, provided a site plan has been prepared and approved in
accordance with the provisions of this chapter.
B. Under Title 12 -1L -5A of the City Code, the City may only grant variances from the strict
application of the provisions of the Code in cases where there are "practical difficulties" in
carrying out the strict letter of the regulations of the Code. "Practical difficulties" consists
of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner
not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances
unique to the property not created by the Applicant; and (iii) the variance, if granted, will
not alter the essential character of the neighborhood. Economic considerations alone do
not constitute "practical difficulties."
C. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in
order to justify the granting of the Variance for reduced setbacks, by:
i.) the proposed new single-family home is a reasonable use of the property;
ii.) the subject property was pre -developed with an existing home closer to the bluff line
than what the neighboring (adjacent) properties have today; and the Applicants are
matching closely the location of the new home with the old home.
iii.) approving this Variance does not change the essential character of the neighborhood,
as this residential area and bluff lines will not be affected by the approval of the
Variance; and
iv.) the reason for the Variance request is to allow a suitable and reasonable new home
on the subject property and well beyond the required minimum setbacks established
in the Critical Area Overlay District standards, and as such, keeps the rear yard space
open and intact a it was prior to e new development. The variance is also determined
to not be solely based on economic considerations.
D. The City has considered the factors required by Title 12 -1L -5E1 of the City Code,
including but not limited to the effect of the Variance upon the health, safety, and welfare
of the community, existing and anticipated traffic conditions, the effect of the Variance on
the danger of fire and the risk to public safety, and upon the value of properties in the
surrounding area, and upon the Comprehensive Plan, and has determined this Variance will
not affect or pose any negative impacts upon the neighborhood or the community in
general.
E. Approval of the Variance is for 1875 Hunter Lane only, and does not apply or give
precedential value to any other properties throughout the City. All variance applicants
must apply for and provide a project narrative to the City to justify a variance. All variance
requests must be reviewed independently by City staff and legal counsel under the
requirements of the City Code.
Res 2019-24 page 2
F. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2019-06, dated and presented March 26, 2019 (and on file with the City of Mendota
Heights), is hereby fully incorporated into this Resolution.
G. The City has the authority to place reasonable conditions upon the property subject to his
Critical Area Permit and Variance requests. Conditions must be directly related to and
roughly proportional to the impact created by the variance. Conditions related to this
transaction are as follows:
i.) Building and grading permits shall be approved by city staff prior to any demolition
or removal of any existing structures, and before any construction of the new
dwelling.
ii.) The Applicant shall obtain a building permit for construction of the proposed new
dwelling within one (1) year form date of city council approval. .
iii.) 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.
iv.) All new utility plans and connections will be required for review and approval by the
Public Works Director.
v.) Removal of trees and vegetation, including any invasive trees or unsuitable
vegetation must be performed by qualified tree and landscaping professional/film.
vi.) Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
vii.) All work on site will only be performed between the hours of 7:00 am and 7:00 pm.
Weekdays; and 9:00 am to 5:00 pm weekends.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Critical
Area Permit with Variance for the property located at 1875 Hunter Lane, and as proposed under
Planning Case No. 2019-06, are hereby approved.
Adopted by the City Council of the City of Mendota Heights this 2nd day of April, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2019-24 page 3
EXHIBIT A
PID No. 27-18200-00-050
LEGAL DESCRIPTION:
Lots 4 and 5, Colliton Place except all that part of Lot 4 lying north of
the following described line:
Commencing on the East line of said Lot 4 at a point 90 feet South of
the Northeast corner thereof; thence in a Westerly direction parallel
with the North line of said Lot 4 a distance of 316 feet to a point;
thence in a Northwesterly direction to a point on the West line of said
Lot 4 which is 26.55 feet North of the intersection on said West line
and the first above described line extended and there terminate, all
according to the recorded plat thereof, Dakota County, Minnesota.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Receipt:#598845 3298994
Return to. $46.00
t I IIIIII II II IIIII IIIA VIII VIII IIIIIIIII III
SIMPLIFILE
5072 NORTH 300 w Recorded on:4/3/2019 3:18 PM
By:TMB,Deputy
PROVO UT 84604 Office of the County Recorder
Dakota County,Minnesota
Amy A.Koethe,County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-24
RESOLUTION APPROVING A CRITICAL AREA PERMIT WITH VARIANCE
FOR PROPERTY LOCATED AT 1875 HUNTER LANE
(PLANNING CASE NO. 2019-06)
WHEREAS, Charlie & Co. Design(as the "Applicant") and acting on behalf of John and
Theresa Cosgriff (as "Owners"), have applied for a Critical Area Permit with a Variance, as
proposed under Planning Case No. 2019-06 for the property located at 1875 Hunter Lane (the
"Subject Properties"), and legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2030
Comprehensive Plan and located in the R-1 One Family Residential District; and
WHEREAS, Title 12-3-1 of the City Code (Critical Area Overlay District) requires a
critical area permit for all development activities necessitating a building permit or special zoning
approval, and the Applicant is seeking permission to construct a new 6,500 sf. single-family
dwelling with swimming pool and other accessory uses, subject to the requirements of the
applicable zoning district and related Critical Area Overlay District standards; and
WHEREAS, City Code Section 12-3-8 B.3.f. provides for exceptions to structure setback
provisions, noted as follows: "Construction of a single-family dwelling on a lot approved by the
city and recorded in the office of the county register of deeds prior to June 1, 2003, and where the
abutting lots have been developed prior to the establishment of these regulations. In no case shall
a dwelling be placed closer to the bluff line or normal high water mark than the average setback
of the structures on the immediately adjacent lots.
WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant
variances or certain modifications from the strict application of the provisions of the City Code,
and impose conditions and safeguards with variances if so needed or granted: and
WHEREAS,on March 26,2019,the Mendota Heights Planning Commission held a public
hearing on this matter, and whereupon closing the hearing and follow-up discussion on this item
with staff and the Applicant, the Planning Commission recommended unanimously (7-0 vote) to
approve the Critical Area Permit and Variance requests for 1875 Hunter Lane,with certain findings
of fact to support such recommendation.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Critical Area Permit and Variance requests for 1875 Hunter Lane as proposed under Planning Case
No. 2019-06 are both hereby approved, with the following findings of fact:
A. Under Title 12-3-5 of the City Code, the City may only grant approval of a critical area
permit for certain property, provided a site plan has been prepared and approved in
accordance with the provisions of this chapter.
B. Under Title 12-1L-5A of the City Code, the City may only grant variances from the strict
application of the provisions of the Code in cases where there are"practical difficulties"in
carrying out the strict letter of the regulations of the Code. "Practical difficulties"consists
of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner
not otherwise permitted by the Code; (ii)the plight of the Applicant is due to circumstances
unique to the property not created by the Applicant; and (iii) the variance, if granted, will
not alter the essential character of the neighborhood. Economic considerations alone do
not constitute"practical difficulties."
C. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in
order to justify the granting of the Variance for reduced setbacks, by:
i.) the proposed new single-family home is a reasonable use of the property;
ii.) the subject property was pre-developed with an existing home closer to the bluff line
than what the neighboring (adjacent) properties have today; and the Applicants are
matching closely the location of the new home with the old home.
iii.)approving this Variance does not change the essential character of the neighborhood,
as this residential area and bluff lines will not be affected by the approval of the
Variance; and
iv.)the reason for the Variance request is to allow a suitable and reasonable new home
on the subject property and well beyond the required minimum setbacks established
in the Critical Area Overlay District standards,and as such,keeps the rear yard space
open and intact a it was prior to e new development. The variance is also determined
to not be solely based on economic considerations.
D. The City has considered the factors required by Title 12-1L-5E1 of the City Code,
including but not limited to the effect of the Variance upon the health, safety, and welfare
of the community, existing and anticipated traffic conditions,the effect of the Variance on
the danger of fire and the risk to public safety, and upon the value of properties in the
surrounding area,and upon the Comprehensive Plan,and has determined this Variance will
not affect or pose any negative impacts upon the neighborhood or the community in
general.
E. Approval of the Variance is for 1875 Hunter Lane only, and does not apply or give
precedential value to any other properties throughout the City. All variance applicants
must apply for and provide a project narrative to the City to justify a variance. All variance
requests must be reviewed independently by City staff and legal counsel under the
requirements of the City Code.
Res 2019-24 page 2
F. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2019-06, dated and presented March 26, 2019 (and on file with the City of Mendota
Heights), is hereby fully incorporated into this Resolution.
G. The City has the authority to place reasonable conditions upon the property subject to his
Critical Area Permit and Variance requests. Conditions must be directly related to and
roughly proportional to the impact created by the variance. Conditions related to this
transaction are as follows:
i.) Building and grading permits shall be approved by city staff prior to any demolition
or removal of any existing structures, and before any construction of the new
dwelling.
ii.) The Applicant shall obtain a building permit for construction of the proposed new
dwelling within one (1) year form date of city council approval. .
iii.) 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.
iv.) All new utility plans and connections will be required for review and approval by the
Public Works Director.
v.) Removal of trees and vegetation, including any invasive trees or unsuitable
vegetation must be performed by qualified tree and landscaping professional/film.
vi.) Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
vii.) All work on site will only be performed between the hours of 7:00 am and 7:00 pm.
Weekdays; and 9:00 am to 5:00 pm weekends.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Critical
Area Permit with Variance for the property located at 1875 Hunter Lane, and as proposed under
Planning Case No. 2019-06, are hereby approved.
Adopted by the City Council of the City of Mendota Heights this 2nd day of April, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
�IJJ
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2019-24 page 3
EXHIBIT A
PID No. 27-18200-00-050
LEGAL DESCRIPTION:
Lots 4 and 5, Colliton Place except all that part of Lot 4 lying north of
the following described line:
Commencing on the East line of said Lot 4 at a point 90 feet South of
the Northeast corner thereof; thence in a Westerly direction parallel
with the North line of said Lot 4 a distance of 316 feet to a point;
thence in a Northwesterly direction to a point on the West line of said
Lot 4 which is 26.55 feet North of the intersection on said West line
and the first above described line extended and there terminate, all
according to the recorded plat thereof, Dakota County, Minnesota.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights,MN 55118
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 3rd day of April, 2019.
Lorri Smith, City Clerk
(SEAL)