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Res 2019- 18 Lot Line Adjustment, Variance 1838 and 1840 Hunter LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-18 RESOLUTION APPROVING A LOT LINE ADJUSTMENT WITH VARIANCE FOR PROPERTY LOCATED AT 1838 AND 1840 HUNTER LANE (PLANNING CASE NO. 2019-03) WHEREAS, Julia Weisbecker (the "Applicant") has applied for a lot line adjustment with variance, as proposed under Planning Case No. 2019-03 for the two parcels located at 1838 and 1840 Hunter Lane (the "Subject Properties"), and legally described on attached Exhibit A and illustrated on attached survey Exhibit A-1; and WHEREAS, the Subject Properties are both guided LR -Low Density Residential in the 2030 Comprehensive Plan and are located in the R-1 One Family Residential District; and WHEREAS, Title 11-1-5C of the City Code (Subdivision Regulations) allows for 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, 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, the Applicant seeks to adjust and realign the southerly boundary line of the westerly parcel identified as 1838 Hunter Lane (PID No. 27-02700-08-032) which creates an approximate 24 -foot wide strip of land, that would be created for the purpose of providing a dedicated fee title access strip to the easterly parcel located at 1840 Hunter Lane (PID No. 27- 02700-08-040) as described and illustrated on attached Exhibit B and illustrated on attached surveys Exhibit B-1; and WHEREAS, the Applicant seeks to dedicate to the City a right-of-way easement for Hunter Lane and new drainage and utility easements as described and illustrated on attached Exhibit C; and WHEREAS, pursuant to Title 12-1L-5 of the City Code, the Applicant seeks a variance to allow the access strip to have less than the 100 -foot roadway frontage width standard, as required under the R-1 District regulations; and WHEREAS, on February 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 deny the request for Lot Line Adjustment with Variance, with certain findings of fact to support such denial. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Line Adjustment with Variance as proposed under Planning Case No. 2019-03 are both hereby approved, with the following findings of fact: A. Under Title 12 -1L -5A of the City Code, the Council 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." B. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of the Variance for reduced lot frontage. First, providing for ingress and egress to residential properties is foundational for every property owner, and the Applicant is simply ensuring that stable, fee title access will permanently exist for the 1840 Hunter Lane parcel. This is a reasonable use of the property. Second, these are unique properties, as at some point in the past they were subdivided into two distinct and buildable parcels, despite the lack of frontage for the 1840 Hunter Lane parcel. The City likely approved this split, either through City Council action or through an administrative subdivision. Third, approving the Variance does not change the essential character of the neighborhood, as this residential area will not be affected by the approval of the Variance. Finally, the reason for the Variance request is to create fee title access to the easterly parcel, which is not solely an economic consideration. C. The Council has additionally 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. Res 2019-18 page 2 D. Approval of the Variance is for the 1840 Hunter Lane properties only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must fill out an application 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. E. The Council may place conditions upon the Lot Line Adjustment and Variance. Variance 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. The Applicant shall combine and attach the new access strip parcel to be created under the Lot Line Adjustment to the easterly parcel (PID # 27- 02700-08-040). ii. The Applicant must provide proof of a private easement for driveway purposes from the owners of 1850 Hunter Lane (to the south). iii. Should the new owner(s) or any subsequent owner(s) of 1840 Hunter Lane ever decide to reconstruct the driveway leading back to the property, it must be re -centered and placed within the approximate 20 -foot wide access strip. iv. All transfer or deed documents which convey the portion of lands under the Lot Line Adjustment and lot split process shall be recorded with Dakota County. The Applicant shall pay all recording fees. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Line Adjustment with Variance for the properties located at 1840 Hunter Lane, and as proposed under Planning Case No. 2019-03, are hereby approved. Adopted by the City Council of the City of Mendota Heights this 19th day of March, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: S- t'orri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-18 page 3 EXHIBIT A (EXITING LEGAL DESCRIPTIONS) PARCEL A (Unassigned Parcel) Parcel Address: 1838 Hunter Lane, Mendota Heights, MN 55118 Parcel ID No. 27-02700-08-032 The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the west 342.50 feet of the east 1369.98 feet of the North 1765.5 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28; Range 23, Dakota County, Minnesota. PARCEL Parcel Address: 1840 Hunter Lane, Mendota Heights, MN 55118 Parcel ID No. 27-02700-08-040 The South 147.18 feet of the North 401.54 feet of the West 171.25 feet of the East 1198. 73 feet of the North 1765 feet of the South 2425. 5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota, together with an easement for ingress and egress over and across the South 15 feet of the North 381.54 feet of the West 171.25 feet of the East 1369.98 feet of the North 1765.5 feet of the South 2425.5 feet of said Northeast Quarter. CERTIFICATE OF SURVEY `for- 1840 -1850 HUNTER LANE EXHIBIT A-I (PAGE 1) i I , N9e•se'ao� 171.26 I I v9r66'tc's 171.26 I ;`N^' ( '„ � r i - I I i t PARCEL AL—) i tried o.se 01 haR ce_q -- - — 1 I so g�2ZO.00 20.00 I 171.E6, m w,eavrm v. - W , - N9P47202 171.26 PARCEL C sE � i I I euwern New mus _ I . _ I I n. i t I Ig I I — e.sanarR v,swmrss �"'-1 r_ A I I I g I Ill'' I I I 1 I I I Iz r _______________--_ r________a____________ __-___- I SBC47 20 928.60 I *I I I I I I I I i I I i I I I i i I I i °pWnxxap.,.,<npam i � «°x�xe .,~expem _ I .i i LEGAL DESCRIPTION PARCEL B —sa°w 147.16 1—( the 1-1-11 tett-1 Wen 171.2s —d the mss[ LEGEND aA o s 'n2"' o „za,°�hge'3 .111111 11, =111, 9 ssa°tl.92ss°°<.a°tla«� [ e5°mAlsreet°[m<x° 3°I.3.reet°r a xTEDmrDu�� D ry°�,eanQ.nea �< 8 PM1AK.1 Al D DExErEs BITUMINOUS nce,r vutc °,vxer m.o nox so ree[°rme can l3sysse reels °r me x° nests reee°itM1 spxmtzazs.s .pea DAx°rA eouxrcrnx uaoanAnQxl°NA Heet °f the x°rtheart Quarter °! 5«a'°n 27, TwmsM1ip 28, Pan9e 23, Dak°la C°unry, Innewta. I hereby I=I', [A a[ telshsvney, alae AND mtly mart suv �sUnE Surveyor order P�RCBLC /yy� � �t minnesoa. I«k 1, sury VIEW HI115, Dakota c°unry, winnewla. n) , A �) ,( ([�C f� NORTH E. G. RUO & SONS, INC. °a u°. zs 1 GRAPHIC SCALE wrix � Professional Land Surveyors m°W 66 Lake Drive NE Suite 110 W.—,,I-Nd...77 Lino Lakes, MN 55614 '...'g') 361-8200 Fax (651) 361.0701 °v 18526BT BHI= T 1 nF 4 SHFFTR CERTIFICATE OF SURVEY -for- 1840 -1850 HUNTER LANE EXHIBIT A-1 (PAGE 2) . . .. . .. . .. . . . .. . .. . .. . .. . . .. . .. . .. . .. . .. . .. . . q 1 ----- T-7--- 49 171A 1 9.0 1 157.25 — ----- — — - — - — - — --- r:1 E - ---------- -------- 7 n. 14.00 for6aw-W, NO -12'40 Dia N0.12 16.6v I - — — --------- — — ------------------ z j°o ------------ --------------------- ------------- -7— J? NORTH . . .. . .. . .. . .. . .. . . .. . . GRAPHIC SCALE PROPOSED LEGAL DESCRIPTION PROPOSED LEGAL DESCRIPTION OF RIGHT-OF-WAY N SSIGNED PAd URCEL — 1171.25-- EASEMENT TO BE DEEDED TO THE CITY OF MENDOTA IS r_ SI.IN 2425.5 '36S7 LEGEND 2�, I.— PI T�.- HEIGHTS of the noM13B1.s4 � f me scum 2425.5 feet of sale Northeast Quarter ane The Wen a o(me noM 127.18 teat of me folb, Ng tle 1— spiNEU —E— IN Iles nortM1 —F S'leet f L �' SUN NE— ...... I III 111!�1121*1 -11 11 o. N� ... —h(Quarter of I= 11 11url 117. 1 T -11I 2., _N_ 1111. 111"-mI..Vm l 1;111ne I N.I. Sz .1U rea.S�'ISI .r Me '2' 211- NI-- QI— =�S.TDIA WIFRIF A mutm -- IAT.n- no 16,50 HUNTER LANE PARCEL —1 f IM, I' Q.— I PROPOSED DRIMAY EASEMENT IN 28,R23,DA.1C—t,,M—. FAVOR OF 1840 HUNTER LANE ereM1 aNrytha[inls survey, plan maul A— �S'— p n1in SONS, INC. N.1h I — - — IS7.25 —.f - W.M.9 d.— p- 1, SUN KNU3, I— —W, Ml-- TN.— witmeh tacme east 1198.73 - M°9.1h ohne scum 1- of me e°M 4-14 1'1�15 N.dheast Quaver of seNon n, wse I the S", rn renProfessional Land Surveyors L. SUN HN—, ..I- I—W, NI—. —.1 DM41EL 0-1— DI.: N, 6776 Lake Drive 11 E 110 Lino Lakes, MN 55614Suite 1. (651) 361-8200 FIX (651) 361-8701 1852687 SHEET 2 OF 4 SHEETS EXHIBIT B (LEGAL DESCRIPTIONS of PARCELS as a RESULT OF NEW LOT LINE ADJUSTMENT) PARCEL CREATED BY LOT LINE ADJUSTMENT (TO BE COMBINED WITH 1840 HUNTER LANE) The west 171.25 feet of the south 127 .18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355.98 feet lying southerly of the south line of the south 127.18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota. Except the north 107 .00 feet thereof. [Area: 4,013 sq. ft.] NEW LEGAL DESCRIPTION of 1838 HUNTER LANE PARCEL The north 107.00 feet of the following described property: The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355,98 feet lying southerly of the south line of the south 127 .18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota thereof, [Area: 18,324 sq. ft.] NEW LEGAL DESCRIPTION of 1840 HUNTER LANE PARCEL (with PARCEL Y added): The South 147.18 feet of the North 401.54 feet of the West 171.25 feet of the East 1198. 73 feet of the North 1765 feet of the South 2425. 5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. The west 171.25 feet of the south 127 .18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355. 98 feet lying southerly of the south line of the south 127 .18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota. Except the north 107.00 feet thereof. [Area: 29,233 sq. ft.] PROPOSED DRIVEWAY EASEMENT IN FAVOR OF 1840 HUNTER LANE The North 5 feet of the west 157.25 feet of the following described property: Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota, Together with the west 171.25 feet of the east 1198.73 feet lying south of the south line of the north 401.54 feet of the south 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota, all lying northerly of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota thereof. Res 2019-18 page 6 CERTIFICATE OF SURVEY -for- 1840 -1850 HUNTER LANE EXHIBIT B-1 I (PAGE 3) I F—**— =mo 41, t ZNW 1 T A W Mffi 4--- Eo. 14.00 scrizWE J/ F -------- 7— 0 THEE TABLE BUILDING SETBACKS F— - 30 TYPICAL lSfALLA1x1N FOR BLT FENCE —j— . .. . .. . .. . .. . .. . .. . .. . .. PROPOSED LEGAL DESCRIPTION PARCEL X 11 PROPOSED DRAINAGE AND UTILITY EASEMENTS _ .aa reel or me bnowln9 aes<.reea precem:A P-— .1--t ..d .411ry—1.N— u° LEGEND 1.10pf Ue rallpwNg ft—d 1-11; 2. 15].25 reel honn 381.54fee[of Ne sauN 2425.5 feet of salU NOMeas[ eel of Ne Siautn 3935.5feet offhs Northeast DENOTES—P—L Q.—'.' 33, OTES E—NG —T EL—DON Hvarcuram whiN Nes north of tnt 1, &rck i, sUN VIE}V xNtS, Dakod munry, OabU county, Mbnesod. iogeUer xiN Ne west =5].zs feet of ine east 1355.98 reel lying o 1Me.ly °f the mouth Rne of Ne south 12].10. Leet ar the npM 381.54 feet of Me svuu a. 11,124 spe Rf 11 Dakaa county, Minnesota Lhereol.A- 1E PARCEL Y (TO BE COMBINED WITH 1840 HUNTER LANE) RE 3B1s+reef °r me east w"LL of Ne SoulF 24-� Q—r I z1, wnsnlp 3a, Range 23, �[ hang souNexy or the south gnc of the muu 13].18 -- R --.. T-— xitn ae west 111.21 ENOiE5 AD1ACENr1ARCE=RIR1,'.'-1-.. 11EWH—,D.k-C—W,---. .T A 4,—�P duly 911— NORTH E. c. BUR & SONS, INC. Professional Land Surveyors 6776 Lake Drive N5E, Suite 110 Tel. Lakes, MN 14 (65, ) 361.8206 Fax (651) 361-878I 18526BT I MFM ---- ------ �D 12'4 0"W r7/7/771 F -------- 7— 0 THEE TABLE BUILDING SETBACKS F— - 30 TYPICAL lSfALLA1x1N FOR BLT FENCE —j— . .. . .. . .. . .. . .. . .. . .. . .. PROPOSED LEGAL DESCRIPTION PARCEL X 11 PROPOSED DRAINAGE AND UTILITY EASEMENTS _ .aa reel or me bnowln9 aes<.reea precem:A P-— .1--t ..d .411ry—1.N— u° LEGEND 1.10pf Ue rallpwNg ft—d 1-11; 2. 15].25 reel honn 381.54fee[of Ne sauN 2425.5 feet of salU NOMeas[ eel of Ne Siautn 3935.5feet offhs Northeast DENOTES—P—L Q.—'.' 33, OTES E—NG —T EL—DON Hvarcuram whiN Nes north of tnt 1, &rck i, sUN VIE}V xNtS, Dakod munry, OabU county, Mbnesod. iogeUer xiN Ne west =5].zs feet of ine east 1355.98 reel lying o 1Me.ly °f the mouth Rne of Ne south 12].10. Leet ar the npM 381.54 feet of Me svuu a. 11,124 spe Rf 11 Dakaa county, Minnesota Lhereol.A- 1E PARCEL Y (TO BE COMBINED WITH 1840 HUNTER LANE) RE 3B1s+reef °r me east w"LL of Ne SoulF 24-� Q—r I z1, wnsnlp 3a, Range 23, �[ hang souNexy or the south gnc of the muu 13].18 -- R --.. T-— xitn ae west 111.21 ENOiE5 AD1ACENr1ARCE=RIR1,'.'-1-.. 11EWH—,D.k-C—W,---. .T A 4,—�P duly 911— NORTH E. c. BUR & SONS, INC. Professional Land Surveyors 6776 Lake Drive N5E, Suite 110 Tel. Lakes, MN 14 (65, ) 361.8206 Fax (651) 361-878I 18526BT I MFM CERTIFICATE OF SURVEY -for- 1840 -1850 HUNTER LANE EXHIBIT B-1 (PAGE 4) ................. ........... . . .................... ...... H 1___J— =IA171.E6 — — — — — — — — — — — — — -- — — — — I - — — — — — Nalm'zo*x NBVW4PN wg� PROPOSEO LEGAL DESCRIPTION --- -------- i--------------- is LEGEND 1-1�ze, as ase z3 -- —o w' T-- ee[ °f Me north 3 51.5 4 fe1 t9 2 2-1 1-1 rtwe1stv I DENOTES 8 -1 -US IU Iles north W tnt 1, ¢loch i, sUN vlEw Naas, Dakota Cgunry, nNnes°M. P -L (PER DAKOTA iDDIm TA%IIIFORMAnON) ¢M1xy Mal Mlz survey, plan aumykgl ertl—dNORTH M"Uree E. A. RUD & SONS, INC. GRAPHIC SC Professional Land Surveyors D— N.. 2-1 Suit. 110 6776 Lake Drive NE, MCA= 20 f66 ULino Lakes, MN 55 14 l. (651) 361-82DO Fax (651) 361-8781 18526BT I —.— EXHIBIT C LEGAL DESCRIPTIONS OF RIGHT-OF-WAY EASEMENT AND DRAINAGE AND UTILITY EASEMENTS TO BE DEDICATED TO THE CITY OF MENDOTA HEIGHTS PROPOSED LEGAL DESCRIPTION OF RIGHT-OF-WAY EASEMENT TO BE DEEDED TO THE CITY OF MENDOTA HEIGHTS The West 14 feet of the north 127 .18 feet of the following described property: The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355.98 feet lying southerly of the south line of the south 127.18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1 SUN VIEW HILLS, Dakota County, Minnesota thereof. PROPOSED DRAINAGE AND UTILITY EASEMENTS A perpetual easement for drainage and utility purposes over, under and across the North 15 feet, the south 10 feet, the west 24 feet and the east 30 feet of the following described property: The north 107 .00 feet of the following described property: The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355.98 feet lying southerly of the south line of the south 127.18 feet of the north 381.54 feet of the south 2425,5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1 SUN VIEW HILLS, Dakota County, Minnesota thereof. Res 2019-18 page 8 Receipt:# 599626 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-18 3299958 Recorded on: 4/10/2019 3:44 PM By: DDW, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING A LOT LINE ADJUSTMENT WITH VARIANCE FOR PROPERTY LOCATED AT 1838 AND 1840 HUNTER LANE (PLANNING CASE NO. 2019-03) WHEREAS, Julia Weisbecker (the "Applicant") has applied for a lot line adjustment with variance, as proposed under Planning Case No. 2019-03 for the two parcels located at 1838 and 1840 Hunter Lane (the "Subject Properties"), and legally described on attached Exhibit A and illustrated on attached survey Exhibit A-1; and WHEREAS, the Subject Properties are both guided LR -Low Density Residential in the 2030 Comprehensive Plan and are located in the R-1 One Family Residential District; and WHEREAS, Title 11-1-5C of the City Code (Subdivision Regulations) allows for 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, 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, the Applicant seeks to adjust and realign the southerly boundary line of the westerly parcel identified as 1838 Hunter Lane (PID No. 27-02700-08-032) which creates an approximate 24 -foot wide strip of land, that would be created for the purpose of providing a dedicated fee title access strip to the easterly parcel located at 1840 Hunter Lane (PID No. 27- 02700-08-040) as described and illustrated on attached Exhibit B and illustrated on attached surveys Exhibit B-1; and WHEREAS, the Applicant seeks to dedicate to the City a right-of-way easement for Hunter Lane and new drainage and utility easements as described and illustrated on attached Exhibit C; and WHEREAS, pursuant to Title 12-1L-5 of the City Code, the Applicant seeks a variance to allow the access strip to have less than the 100 -foot roadway frontage width standard, as required under the R-1 District regulations; and WHEREAS, on February 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 deny the request for Lot Line Adjustment with Variance, with certain findings of fact to support such denial. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Lot Line Adjustment with Variance as proposed under Planning Case No. 2019-03 are both hereby approved, with the following findings of fact: A. Under Title 12 -1L -5A of the City Code, the Council 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." B. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of the Variance for reduced lot frontage. First, providing for ingress and egress to residential properties is foundational for every property owner, and the Applicant is simply ensuring that stable, fee title access will permanently exist for the 1840 Hunter Lane parcel. This is a reasonable use of the property. Second, these are unique properties, as at some point in the past they were subdivided into two distinct and buildable parcels, despite the lack of frontage for the 1840 Hunter Lane parcel. The City likely approved this split, either through City Council action or through an administrative subdivision. Third, approving the Variance does not change the essential character of the neighborhood, as this residential area will not be affected by the approval of the Variance. Finally, the reason for the Variance request is to create fee title access to the easterly parcel, which is not solely an economic consideration. C. The Council has additionally 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. Res 2019-18 page 2 D. Approval of the Variance is for the 1840 Hunter Lane properties only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must fill out an application 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. E. The Council may place conditions upon the Lot Line Adjustment and Variance. Variance 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. The Applicant shall combine and attach the new access strip parcel to be created under the Lot Line Adjustment to the easterly parcel (PID # 27- 02700-08-040). ii. The Applicant must provide proof of a private easement for driveway purposes from the owners of 1850 Hunter Lane (to the south). iii. Should the new owner(s) or any subsequent owner(s) of 1840 Hunter Lane ever decide to reconstruct the driveway leading back to the property, it must be re -centered and placed within the approximate 20 -foot wide access strip. iv. All transfer or deed documents which convey the portion of lands under the Lot Line Adjustment and lot split process shall be recorded with Dakota County. The Applicant shall pay all recording fees. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Line Adjustment with Variance for the properties located at 1840 Hunter Lane, and as proposed under Planning Case No. 2019-03, are hereby approved. Adopted by the City Council of the City of Mendota Heights this 19th day of March, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: S- t'orri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-18 page 3 EXHIBIT A (EXITING LEGAL DESCRIPTIONS) PARCEL A (Unassigned Parcel) Parcel Address: 1838 Hunter Lane, Mendota Heights, MN 55118 Parcel ID No. 27-02700-08-032 The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the west 342.50 feet of the east 1369.98 feet of the North 1765.5 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28; Range 23, Dakota County, Minnesota. PARCEL Parcel Address: 1840 Hunter Lane, Mendota Heights, MN 55118 Parcel ID No. 27-02700-08-040 The South 147.18 feet of the North 401.54 feet of the West 171.25 feet of the East 1198. 73 feet of the North 1765 feet of the South 2425. 5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota, together with an easement for ingress and egress over and across the South 15 feet of the North 381.54 feet of the West 171.25 feet of the East 1369.98 feet of the North 1765.5 feet of the South 2425.5 feet of said Northeast Quarter. CERTIFICATE OF SURVEY -for- 1840 - 1850 HUNTER LANE EXHIBIT A-1 (PAGE 1) .............. F' -z 4 r j- ------------------- T-7 ------ --- 2-' MAL DESCRIPTION PARCEL LEGEND 1AK.L A nox 110MLIA ncexrputc'hotvxer 'h---, --hm. Heet or the rvortneart Quarter or sem"ono,Twmsnip 26, nan9e z3, °akata eounry, rhereEy cu9ry [oat tots survey, pian A"I PA NORTH 110 'IUD a SONS, INC- GRAPHIC SCALE pwrix on \,P— Professional Land Surveyors e°Nd<°m 6?76 Lake Drive NE, Suite 110 Line Lake 5 14 T.I. (651 ) 361-8200 FaX (651) 361-8701 18526BT RHFFT 1 nF 4RHPFTR CERTIFICATE OF SURVEY -for- 1840 - 1850 HUNTER LANE EXHIBIT A-1 (PAGE 2) ! i I I sv�«x,nee.x<.ana.n: r@. I I 9.0 i 157 25 i I I I I —I - I -- -- - -------I i q I I i _ ! I i Z' x _ > n.v 1 66T66'4D'1f •,••, ' — — I ------- j NP1E'46 --------- — ——SBP66'46'II ' — I 171.26 — — - — i — -------------- wr m I I ____—I i; wfew miss I I I I —90 1 1 I I I I I ! ! N „bE6.b6 —46 ! i NBT47'26� I I I I I I I I s°NH „xe°r>xe«oa,x I s°iam..re o.,xs soan. I I I NORTH —..—_—........ . —..—..—..-- GRAPHIC SCALE PROPOSED LEGAL DESCRIPTION PROPOSED LEGAL DESCRIPTION OF RIGHT-OF-WAY UN SSIGNED rePARCEL ne EASEMENT TO BE DEEDED TO THE CITY OF MENDOTA .;nQ,rtaVor' �or�eea LEGENO rt eeen ss r< me:ovm w<Drt et 1Aµ so° °r m u>.1s HEIGHTS s�rr raves. ws ue.,e. N<m aveQ ..c<r.xe imrne,`°onn rIvey relax 1, survwtew wus eoakoe�co��N�Mm°ea°m arnxa p repem: me.. cs zs r«veorm<eox>m sin�nea eorm<<anne3ersa r«t°rme <an l .....—W...... redame sDu,n zers.s ree ac�arcermsewo«zz, 4 r---� oeHon:s ser vKruu oervores slrvMnrous suArnce n,<a. zz,.,s°sa.rt 1650 HUNTER LANE PARCEL —W r°.m.ni zn ua° <zz oaa «„N�w� �o�a.°aeme..m, mega ss>.>s reec °rue east 11 -IS re<t 10.° So°m_<nv orm<s°w, nxe°r m<:o°cn tn.rer<et an m,an<ra°a..mm n� conn or �ntti�atoa irsux mew wus. o xar. cW�ev. nms<:ota mercer. Er. rzs noon errr pnlvicer ow seal r no iasa°onxor•mu�mrnx mro'nMnn'or°I'v' " .f h. 19-1 visa eel °r lne scum zl35.s C..t t me N°rtFeazt puarter MseNon 2], Y 1u,3 PROPOSED DRIYEtNAY EASEMENT IN —1,1SUN VIEW H—,D.—county, Mlnn— Mereol. e a,a w A FAVOR OF.11—I. HUNTER LANE aNrytna[tnls survey, ylan or reportmaser ree by me ,r untiv SONS. INC. Tb. es msr c zsr c ,e or a a e,.e.. ee o . o ° e: mpeM: °'rme east v �t M^cy�Ml°,.< r Ieu,e..vn me ne a�°�r=,e ns °I in state°or° sura. to w nl nne 1P rn tan Professional Land Surveyors �.. S'..L SUN vEv+ N -'.-coy W,"I� -mea 1 o H zss.1 a �•_ °. www.eaNe.rom 6776 Lake Drive 110 Lino Lak s, MN 5564uite 7.1.(651)361-8206 Fax(651)361-8761 1852607 EXHIBIT B (LEGAL DESCRIPTIONS of PARCELS as a RESULT OF NEW LOT LINE ADJUSTMENT) PARCEL CREATED BY LOT LINE ADJUSTMENT (TO BE COMBINED WITH 1840 HUNTER LANE) The west 171.25 feet of the south 127 .18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355.98 feet lying southerly of the south line of the south 127.18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota. Except the north 107 .00 feet thereof. [Area: 4,013 sq. ft.] NEW LEGAL DESCRIPTION of 1838 HUNTER LANE PARCEL The north 107.00 feet of the following described property: The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355,98 feet lying southerly of the south line of the south 127 .18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota thereof, [Area: 18,324 sq. ft.] NEW LEGAL DESCRIPTION of 1840 HUNTER LANE PARCEL (with PARCEL Y added): The South 147.18 feet of the North 401.54 feet of the West 171.25 feet of the East 1198. 73 feet of the North 1765 feet of the South 2425. 5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. The west 171.25 feet of the south 127 .18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355. 98 feet lying southerly of the south line of the south 127 .18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota. Except the north 107.00 feet thereof. [Area: 29,233 sq. ft.] PROPOSED DRIVEWAY EASEMENT IN FAVOR OF 1840 HUNTER LANE The North 5 feet of the west 157.25 feet of the following described property: Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota, Together with the west 171.25 feet of the east 1198.73 feet lying south of the south line of the north 401.54 feet of the south 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota, all lying northerly of Lot 1, Block 1, SUN VIEW HILLS, Dakota County, Minnesota thereof. CERTIFICATE OF SURVEY -for- 1840 - 1850 HUNTER LANE EXHIBIT B-1 (PAGE 3) 'f f PMN �. w2 ,1 -°� I i`"''�"�r '� :• I �! i� _, �, I aerie,",.��;; -'�,,, I%'� I •'( 1:. 596'58'50 ��,171.253 F,�,�i==-_g__ —� /j %I ° p�T, TAw i ® u• --.,:—sig_ 15] _oT 1= \M ��- s i I /J' I .-� iplvamve /' -/ - == ��"s3 �I .L aa� i I (r i `Ii .,. .Y. _ �''�•^t; 9 I - i � l r~ _ fwJ'�'W 4 fi I I JI _ / �.�.-�...,v�SB�65'68'IP 171.P6_�— so'xsxu �[�".[.i°R°°.'st<n___-' I J !• 1Jr:. - / �.� m - a ",�,��{-�'. xs,-uTi "-,.. ;•1l0'1P� `-V a. •—� --- ., -?-T ":'e` tri----------------„ ��--' '-- - - I�' NBG'6B'40.5 a •• •'° NBP�7-80_ ....: _ .L___ ___ _ / I �J� i . 30-1E'40'S Ifrl �'u^iw us s? -Ir �ec,O.ilov. �v,„ 1•��i I iw / ".,y`�.`v-_ ��' ,_— I ." �� `1 s - :I >,. 9.78�eu Y (_t {,i Ge \� r �'w-"" �.,.. I__ �.:.; i _ f� a I_ _ x°xrll u� • a.. ,% _ ,' I I I 60 •( ' tl J � I : -i_ _i <„o,<� i?I ',�°/nv I � AI �' t, , TREE TABLE BUILDING SETBACKS i TYPM.AL NHfN.lAT Fon BLT PENCE —.._..— .—..—..-- — - �' PROPOSED LEGAL DESCRIPTION PARCEL %v(New "Unassigned Parcel PROPOSED DRAINAGE AND UTILITY EASEMENTS rep m: Eainap and utlll4ry p°� LEGEND rest. tne.ouN to feet Ne wed alretan cearc 3o leer ofNefollowing Lezvieca propcM rt Q�artncof s.m°n tl✓t rDurrD as lAer+sn ounry�Mnn rezota.aiog rwNn Ne west pf Ue fallpwNg EesWCeE property: eet tying sauNerfy °f the s°uNeilne of Ne soutn Q Huarce++aw wFlN ues n°nn°�wtt�&rckzi�suxavlEtivxlus, oaak°m mcunry, amu' I'f azsstfe _ can Qu+�en ]s rR t°rtn iownm3eze,Bllanye z3, ettvnnox n,mq, ulnnry,n d.gra a vin9 " M1em of a. 1 , z9 sq. R an Quarte anb wM1l+fi Iles n°nM1 °f Int B38fatk it5ux Vtcly HIUS, E Baked �unH Nllnrnesrod Nereel. PARCEL Y (TO BE COMBINED WITH 1848 HUNTER LANE) wILL ¢trot Ne SpulF]93iBfeet al Net°rNeartQ arter °lsecbn z], ea --DinaE pF_nIwAL DmRs wu�ry, nk+�esa+a. iug DExoiEs e+iun+nous soon[¢ wnsnlp Ae, Range x3, ees Mn9 soulM1exv o! Ne soutM1 Bn'e of Ne muN 12-a -- eet of Ne noM 3BI.s4l�t°fe eD�vN 3125.5 feet °!sale Northeast Quaver arta ENQiES AD1ACINT PARCELQWNERINi TDN 00 (ee[ N ! Inv Illus, oakum eouaH. nicaezola. _reby srtitpre at�is survey, ulaNn (asx DA[oiA eourm iAx wwxnanoxJfiri . 4,013 sq, fi. y Ohre¢ supeMsf°n and -'I e NORTH RUD 8 SONS, INC. E' ., GSAPNfC SCALE — Professional Land Surveyors Dat BanxN°.25341 -=,0 �� Dom'`°m Lino Lakes, MN 55614uite 110 Tel. (651) 361.8200 Fax (651) 361.8701 18526BT SHEET 3 OF 4 SHEETS CERTIFICATE OF SURVEY -for- 1840 -1850 HUNTER LANE EXHIBIT B-1 (PAGE 4) I L._.._.._„®..®•. _>s.. �c».-..>,_.,.�,.Q.,� i,—l,.Q,st�>,..,x—�._..'L.._.. _..L.. _..�•.a,.e.. _.. _.. _.. _.._ PROPOSED LEGAL DESCRIPTION p°aver a,Ee�i°° 1]•.a,vrtaM1iP ]p, Na°g=am. pakpta �x�ry. H��ata. LEGEND ounN, Ninnemta. iogeMer wim u�ieowest i.0 peat lying soutM1eAy of Me sautM1 line of Me s°uM —.0 a IU'll'uan°ttM1 W tn51,1¢I°cI� i�sUN vIE\v Nrtis �pak°ta C°unu�eax Qua�ler aria pENOTES BINHINOUS SUPFA� ry, HNnes°d. ampt tM1e nortM1 1p].gg Leet tFere°I. D p ]9] iso R (t'npunaQ n]ebu�rA nxE�x�a«nnellar�)�'Ai1pN srtMy that Nis survey, plan a 9ne('/�f`' NORTH E. G. RUD SONS. INC. p N, °p mo GRAPHIC SCALE HIt,FR Professional Land Surveyors pat . �� ,=N°. ,]a 6776 Lake Drive NE Suite 110 m Lino Lakes, MN 55614 Te). (651) 361.8208 Fax (651) 361.8701 18526BT SHFFT 4 OF 4 SHFFTS I ,) z,ss.z canwn•e xt v, pests ,> I I 3° i y __ - --_ 10 ! ren °>ne ri°anl,pts,mv _ I I I •; i = g I � iW� ! I � ! ! _.� i x les= � - ••�� ea — ., . : _— Sed„°.'%"'_M m 1-----------�> zs --- —1-r--- �. I. - - -- — ------ _ — -- - i ----- „a4 ea--��----- '' j 'gI N8P47 EO S of«u.e orwa, = eso=oss ••� i ! 1P'4U'lI '"-' 90•IP'4a'S CiR o��, i ouv4w.r s.s._.e�rt I ! i �.mr�n `oma 9.78 i ' _ — _ — -- ---------- -- owi w— 's II r" = eua«a•m Hew mus -- -- ;•� I I Id ____j_i------- ______F_ _y ,—__—�-- L._.._.._„®..®•. _>s.. �c».-..>,_.,.�,.Q.,� i,—l,.Q,st�>,..,x—�._..'L.._.. _..L.. _..�•.a,.e.. _.. _.. _.. _.._ PROPOSED LEGAL DESCRIPTION p°aver a,Ee�i°° 1]•.a,vrtaM1iP ]p, Na°g=am. pakpta �x�ry. H��ata. LEGEND ounN, Ninnemta. iogeMer wim u�ieowest i.0 peat lying soutM1eAy of Me sautM1 line of Me s°uM —.0 a IU'll'uan°ttM1 W tn51,1¢I°cI� i�sUN vIE\v Nrtis �pak°ta C°unu�eax Qua�ler aria pENOTES BINHINOUS SUPFA� ry, HNnes°d. ampt tM1e nortM1 1p].gg Leet tFere°I. D p ]9] iso R (t'npunaQ n]ebu�rA nxE�x�a«nnellar�)�'Ai1pN srtMy that Nis survey, plan a 9ne('/�f`' NORTH E. G. RUD SONS. INC. p N, °p mo GRAPHIC SCALE HIt,FR Professional Land Surveyors pat . �� ,=N°. ,]a 6776 Lake Drive NE Suite 110 m Lino Lakes, MN 55614 Te). (651) 361.8208 Fax (651) 361.8701 18526BT SHFFT 4 OF 4 SHFFTS EXHIBIT C LEGAL DESCRIPTIONS OF RIGHT-OF-WAY EASEMENT AND DRAINAGE AND UTILITY EASEMENTS TO BE DEDICATED TO THE CITY OF MENDOTA HEIGHTS PROPOSED LEGAL DESCRIPTION OF RIGHT-OF-WAY EASEMENT TO BE DEEDED TO THE CITY OF MENDOTA HEIGHTS The West 14 feet of the north 127 .18 feet of the following described property: The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355.98 feet lying southerly of the south line of the south 127.18 feet of the north 381.54 feet of the south 2425.5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1 SUN VIEW HILLS, Dakota County, Minnesota thereof. PROPOSED DRAINAGE AND UTILITY EASEMENTS A perpetual easement for drainage and utility purposes over, under and across the North 15 feet, the south 10 feet, the west 24 feet and the east 30 feet of the following described property: The north 107 .00 feet of the following described property: The west 171.25 feet of the south 127.18 feet of the north 381.54 feet of the east 1369.98 feet of the South 2425.5 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. Together with the west 157.25 feet of the east 1355.98 feet lying southerly of the south line of the south 127.18 feet of the north 381.54 feet of the south 2425,5 feet of said Northeast Quarter and which lies north of Lot 1, Block 1 SUN VIEW HILLS, Dakota County, Minnesota thereof. 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 9th day of April, 2019. Lorri Smith, City Clerk (SEAL)