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Res 2019- 29 Approve Variance 1751 James RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-29 RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 1751 JAMES ROAD (PLANNING CASE NO. 2019-05) WHEREAS, Nick and Liz Banovetz (the "Applicant") applied for a variance for the property located at 1751 James Road (the "Subject Property"), and legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030 Comprehensive Plan and is located in the R-1 One Family Residential District; and WHEREAS, the Applicant is seeking a variance to encroach 2.13 feet into the 10 -ft. side - yard setback under the R-1 District standards for a new home addition, as proposed under Planning Case No. 2019-05; 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, 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 deny the application for Variance, with certain findings of fact to support such denial. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby reversed, and the Variance application proposed under Planning Case No. 2019-05 is 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 setbacks, by: i.) the proposed matching and small-scale addition to the existing home is a reasonable use of the property; ii.) the subject property was developed with the home off -centered on the lot, thereby creating a unique situation for adding on to the home on the east side of the house by the Owners; iii.)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; and iv.) the reason for the Variance request is to allow a suitable and reasonable addition to the side yard space of the property, and keeps the rear yard space intact, and for this reason the request is not solely based on economic considerations. C. 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. D. Approval of the Variance is for 1751 James Road 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. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-05, dated and presented March 26, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: Res 2019-29 _ _ Page 2 i.) The proposed encroachment for the addition shall not extend further than 2.13 -feet into the required 10 -foot side -yard setback, as illustrated on the survey and site plan included in the application submittal (on file with the City Planning Dept. Planning Case File No. 2019-05). ii.) The new addition, including the roofline, will match the overall architecture and design of the existing residential dwelling. iii.)Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. iv.) 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. v.) Within one year of approval by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 1751 James Road, as proposed under Planning Case No. 2019-05, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-29 Page 3 EXHIBIT -A PROPERTY ADDRESS: 1751 James Road Mendota Heights, Minnesota 55118 PID No. 27-76402-02-120 LEGAL DESCRIPTION: Lot Twelve (12) excepting that part westerly of the line running from a point twenty (20) feet east on the south property line from the southwest corner of said lot extended to the northwest corner of said lot; and the westerly forty (40) feet of Lot Eleven (11), Block Two (2), Tilsen's Highland Heights Plat 3 according to the plat there on file and of record in the office of the Registrar of Titles within Dakota County, Minnesota. Certificate of Title No, 165079 Res 2019-29 Page 4 Receipt:# 603758 805233 RES $46.00 111111111111111111111111111 Return to: SIMPLIFILE 5072 NORTH 300 w Recorded on: 5/9/2019 2:09 PM By: CAC, Deputy PROVO UT 84604 Cert # 165079 Office of the Registrar of Titles Dakota County, Minnesota Amy A. Koethe, Registrar of Titles CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-29 RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 1751 JAMES ROAD (PLANNING CASE NO. 2019-05) WHEREAS, Nick and Liz Banovetz (the "Applicant") applied for a variance for the property located at 1751 James Road (the "Subject Property"), and legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030 Comprehensive Plan and is located in the R-1 One Family Residential District; and WHEREAS, the Applicant is seeking a variance to encroach 2.13 feet into the 10 -ft. side - yard setback under the R-1 District standards for a new home addition, as proposed under Planning Case No. 2019-05; 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, 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 deny the application for Variance, with certain findings of fact to support such denial. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby reversed, and the Variance application proposed under Planning Case No. 2019-05 is hereby approved, with the following findings of fact: A. Under Title 12 -IL -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 setbacks, by: i.) the proposed matching and small-scale addition to the existing home is a reasonable use of the property; ii.) the subject property was developed with the home off -centered on the lot, thereby creating a unique situation for adding on to the home on the east side of the house by the Owners; iii.) 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; and iv.) the reason for the Variance request is to allow a suitable and reasonable addition to the side yard space of the property, and keeps the rear yard space intact, and for this reason the request is not solely based on economic considerations. C. 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. D. Approval of the Variance is for 1751 James Road 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. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-05, dated and presented March 26, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: Res 2019-29 Page 2 i.) The proposed encroachment for the addition shall not extend further than 2.13 -feet into the required 10 -foot side -yard setback, as illustrated on the survey and site plan included in the application submittal (on file with the City Planning Dept. Planning Case File No. 2019-05). ii.) The new addition, including the roofline, will match the overall architecture and design of the existing residential dwelling. iii.)Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. iv.) 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. v.) Within one year of approval by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 1751 James Road, as proposed under Planning Case No. 2019-05, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 2019. ATTEST: 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 2019-29 _ Page 3 EXHIBIT -A PROPERTY ADDRESS: 1751 James Road Mendota Heights, Minnesota 55118 PID No. 27-76402-02-120 LEGAL DESCRIPTION: Lot Twelve (12) excepting that part westerly of the line running from a point twenty (20) feet east on the south property line from the southwest corner of said lot extended to the northwest corner of said lot; and the westerly forty (40) feet of Lot Eleven (11), Block Two (2), Tilsen's Highland Heights Plat 3 according to the plat there on file and of record in the office of the Registrar of Titles within Dakota County, Minnesota. Certificate of Title No, 165079 Res 2019-29 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 9th day of May, 2019.