Res 2019- 42 Lot Split 1133 Orchard PlCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-42
RESOLUTION APPROVING A LOT SPLIT (SUBDIVISION)
FOR PROPERTY LOCATED AT 1133 ORCHARD PLACE
(PLANNING CASE NO. 2019-15)
WHEREAS, Nona M. Nosvick (as "Owner" and "Applicant") applied for a Lot Split
(Subdivision) as proposed under Planning Case No. 2019-15, for the property located at 1133
Orchard Place (the "Subject Property"), and legally described in attached Exhibit A: 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 and illustrated on attached Exhibit B; and
WHEREAS, on May 28, 2019, 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 (by 7-0 vote)
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 (Subdivision) as proposed under Planning Case No. 2019-15, and for the property located
at 1133 Orchard Place, 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 Orchard Place.
C. The two lots resulting from the lot split meet City Code minimum standards and
are comparable in size and frontage to other lots in the neighborhood.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Lot Split
(Subdivision) as proposed under Planning Case No. 2019-15, and for the property located at 1133
Orchard Place, is hereby approved with the following conditions:
1) As part of any new building permit application on Parcel A, 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 Orchard Place shall be a
min. of 57 -feet.
3) The applicant shall dedicate new drainage and utility easements as denoted on the
certificate of survey prepared by Johnson & Scofield Inc., dated 04/30/2019; 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 4h day of June, 2019
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
A. 7
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2019-42 Page 2
EXHIBIT A
Property Legal Description
PID# 27-02700-01-040
The North 214.50 feet of the West 211 .0 feet of the East 750.00 feet of the Northeast Quarter of
the Northeast Quarter of Section 27, Township 28 North, Range 23, according to U. S.
Government Survey. Subject to an easement for road purposes over and across the South 30.00
feet thereof, according to the plat thereof on file and of record in the office of the Register of
Deeds, Dakota County, State of Minnesota.
Res 2019-42 Page 3
EXHIBIT B
NEW (PARCEL) LEGAL DESCRIPTIONS
CREATED BY LOT SPLIT
Legal Description Parcel A:
The North 214.50 feet of the West 100.00 feet of the East 750.00 feet of the Northeast
Quarter of the Northeast Quarter of Section 27, Township 28 North, Range 23 West,
Dakota County, Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Legal Description Parcel B:
The North 214.50 feet of the West 111.00 feet of the East 650.00 feet of the Northeast
Quarter of the Northeast Quarter of Section 27, Township 28 North, Range 23 West,
Dakota County, Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
And
Subject to a permanent easement for drainage and utility purposes over and across a
portion of the above-described Parcels A and B described as follows:
The northerly and southerly 10.00 feet of said Parcels A and B and the westerly and
easterly 5.00 feet of said Parcels A and B.
Res 2019-42 Page 4
ADDRESS: qr e�'yp
1133 EI
MEND TA HEIGHTS, MN 55118 ! "`
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MAXIMUM BUILDABLE p
c x I AREA --7812 Sf . FT I b( N
1o.at PROPOSED PARCEL A
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O7 1fi ..i SETBACK LINE ._ 'J/J
�- -w5®
FOOT ROAD EASEMENT _
PER DOC. NO. 612790
w
100.00 111.00
N 89°21'04" E 211.00
ORCHARD PLACE
NORTH LINE OF NE NE COR OF NE 174-\
114 OF NE 114 SEC. 27OF NE 114 SEC. 27
VE 211.00
1 �
111.00
—FA--
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PROPOSED PARCEL B
--1 -- ----650.00-----��
-- - -- —=— —J'Ir
—750.00 ----------- I
211.00 ------------- — 1
- FxISTING PROPERTY DESCRIPTION
(Pa Dakota Document No. 612790)
PARCEL AAREA
0.49 ACRES (INCLUDING ROW)
The North 214.50 feet of the West 211.0 feet of the East 750.00 feet of the Northeast Quarter of
21451 SQ. FT. (INCLUDING ROW)
the Northeast Quarter of Section 27, Township 28 North, Range 23, according to U. S. Govemment
Survey. Subject to an easement for road purposes over and across the South 30,00 feet thereof,
PARCEL BAREA
according to the plat thereof on file and of record in the office of the Register of Deeds, Dakota
0.55 ACRES (INCLUDING ROW)
County, State of Minnesota,
23810 SO. Ff. (INCLUDING ROW)
PROPOSED PROPERTY DESCRIPTION PARCEL A
12-1E-3: R-1 ONE -FAMILY RESIDENTIAL DISTRICT
The North 214.50 feet of the West 100.00 feet of the East 750.00 feet of the Northeast Quarter of
the Northeast Quarter of Section 27, Township 28 North, Range 23 West, Dakota County, Minnesota.
Height: 1 and 2 stories
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Lot Area: 15,000 sq. IL
PROPOSED PROPERTY DESCRIPTION PARCEL B
Lot Width: 100'
The North 214.50 feet of the West 111.00 feet of the East 650.00 feet of the Northeast Quarter of
Front Yard Setback: 30'
the Northeast Quarter of Section 27, Township 28 North, Range 23 West, Dakota County, Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Side Yard Setback: 1 Won each side or ill of the
height of the structure contiguous to the side yard,
whichever is greater, to a maximum of 15'.
0 DENOTES A PLACED 1' BY 18" IRON PIPE
Rear Yard Setback: 39 or 20% of the average lot
HAVING A PLASTIC CAP BEARING LAND
depth, whichever is greater.
SURVEYOR LICENSE NO. 48634.
0
30 60 90
S DENOTES FOUND IRON MONUMENT.
DENOTES FOUND COUNTY MONUMENT.
CERTIFICATE OF SURVEY FOR:
I hereby certify
that this survey, plan or report was
prepared by me
or under my direct supervision and that I
f �v T /'r T�
MA1 1 1V10�J Ijll i�
MATT
am a duly Licensed
Land Surveyor under the laws of the
State of Minnesota.
JOHNSON & SCOFIELD INC.
�• SURVEYING AND ENGINEERING
Mitchell A. Scofield
Minnesota License No. 48634
Date: 4/30/2019
1112 HIGHWAY 55, SUITE 201, HASTINGS, MN 55033
BK. NA
PG. NA
W.O.# DRAWING NUMBER
(651)438-0000
1SHEET 1 OF 1
SHEETS
19-354 S-8112
Res 2019-42 Page 5
Receipt:# 609195
RES $46.00
Return to:
CITY OF MENDOTA
HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS MN
55118
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-42
3309839
IIIIII VIII IIID VIII VIII VIII Ilill (III IIII
Recorded on: 6/14/2019 2:37 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 1133 ORCHARD PLACE
(PLANNING CASE NO. 2019-15)
WHEREAS, Nona M. Nosvick (as "Owner" and "Applicant") applied for a Lot Split
(Subdivision) as proposed under Planning Case No. 2019-15, for the property located at 1133
Orchard Place (the "Subject Property"), and legally described in attached Exhibit A: 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 and illustrated ori attached Exhibit B; and
WHEREAS, on May 28, 2019, 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 (by 7-0 vote)
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 (Subdivision) as proposed under Planning Case No. 2019-15, and for the property located
at 1133 Orchard Place, 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 Orchard Place.
C. The two lots resulting from the lot split meet City Code minimum standards and
are comparable in size and frontage to other lots in the neighborhood.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the Lot Split
(Subdivision) as proposed under Planning Case No. 2019-15, and for the property located at 1133
Orchard Place, is hereby approved with the following conditions:
1) As part of any new building permit application on Parcel A, 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 Orchard Place shall be a
min. of 57 -feet.
3) The applicant shall dedicate new drainage and utility easements as denoted on the
certificate of survey prepared by Johnson & Scofield Inc., dated 04/30/2019; 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 41' day of June, 2019
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
A TES .
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2019-42 Page 2
EXHIBIT A
Property Legal Description
PID# 27-02700-01-040
The North 214.50 feet of the West 211 .0 feet of the East 750.00 feet of the Northeast Quarter of
the Northeast Quarter of Section 27, Township 28 North, Range 23, according to U. S.
Government Survey. Subject to an easement for road purposes over and across the South 30.00
feet thereof, according to the plat thereof on file and of record in the office of the Register of
Deeds, Dakota County, State of Minnesota.
Res 2019-42 Page 3
EXHIBIT B
NEW (PARCEL) LEGAL DESCRIPTIONS
CREATED BY LOT SPLIT
Legal Description Parcel A:
The North 214.50 feet of the West 100.00 feet of the East 750.00 feet of the Northeast
Quarter of the Northeast Quarter of Section 27, Township 28 North, Range 23 West,
Dakota County, Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Legal Description Parcel B:
The North 214.50 feet of the West 111.00 feet of the East 650.00 feet of the Northeast
Quarter of the Northeast Quarter of Section 27, Township 28 North, Range 23 West,
y�
Dakota County, Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
And
Subject to a permanent easement for drainage and utility purposes over and across a
portion of the above-described Parcels A and B described as follows:
The northerly and southerly 10.00 feet of said Parcels A and B and the westerly and
easterly 5.00 feet of said Parcels A and B.
Res 2019-42 Page 4
ADDRESS:
f 133 ORCHARD PLACE
MENDOTA HEIGHTS, MN 55118
01)'TION
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— N 89°21'04" E 211.00
ORCHARD PLACE
t=xIS11NG PRDPERTY DESCRIPTION
(Per Dakota Document No. 612790)
PARCEL AAREA
OA9 ACRES (INCLUDING ROW)
The North 214.50 feet of the West 211.0 feet of the East 750.00 feet of the Northeast Quarter of
21451 SO. FT. (INCLUDING ROW)
the Northeast Quarter of Section 27, Township 28 North, Range 23, according to U. S. Government
Survey. Subject to an easement for road purposes over and across the South 30.00 feet thereof,
PARCEL BARPA
according to the plat thereof on file and of record in the office of the Register of Deeds, Dakota
0.55 ACRES (INCLUDING ROW)
County, State of Minnesota.
23810 SO. FT. (INCLUDING ROW)
PROPOSED PROPERTY DESCRIPTION PARCEL A
12-1E3: R-1 ONE -FAMILY RESIDENTIAL DISTRICT
The North 214.50 feet of the West 100.00 feet of the East 750.00 feet of the Northeast Quarter of
the Northeast Quarter of Section 27, Township 28 North, Range 23 West, Dakota County, Minnesota.
Height t and 2 stories
Subject to an easement for road purposes over and across the South 30.OD feet thereof.
Lot Area: 15,000 sq. lL
PROPOSED PROPERTY DESCRIPTION PARCEL B
Lot Width: 100'
The North 214.50 feet of the West 111.00 feet of the East 650.00 feet of the Northeast Quarter of
Front Yard setback: 30'
the Northeast Quarter of Section 27, Township 28 North, Range 23 West, Dakota County, Minnesota.
Subject to an easement for road purposes over and across the South 30.00 feet thereof.
Side Yard Setback: 10'on each aide or 112 of the
height of the stwcture contiguous to the side yard,
whichever is greater, to a maximum of 15.
O DENOTES A PLACED 1' BY 18' IRON PIPE
Rear Yard Setback: 3V or 20% of the average lot
HAVING A PLASTIC CAP BEARING LAND
depth, whichever is greater.
SURVEYOR LICENSE NO. 48634.
Q
30 60 90
OO DENOTES FOUND IRON MONUMENT.
-01 DENOTES FOUND COUNTY MONUMENT.
IN
CERTIFICATE OF SURVEY FOR:
I hereby certify
that this survey, plan or report was
prepared by me or under my direct supervision and that I
MATT MOSVICK
am a duly Licensed
Land Surveyor under the laws of the
State of Minnesota.
J`
JOHNSON & SCOFIELD INC.
Mitchell A. Scofield
+�• SURVEYING AND ENGINEERING
Minnesota License No. 48634
Rate: 4/30/2019
1112 HIGHWAY 55, SUITE 201, HASTINGS, MN 55033
BK. NA
PG. NA
W.O.# DRAWING NUMBER
(651)4313-0000
SHEET 1 OF 1 SHEETS
19-354 S-8112
Res 2019-42 Page 5
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Lorri Smith, the duly appointed City Clerk of the City of Mendota Heights, certify that the attached
Resolution 2019- 42 Approving A Lot Split (Subdivision) for Property Located at 1133 Orchard Place
(Planning Case No. 2019-15) is an exact copy of said resolution on file in my office adopted by the
Mendota Heights City Council on June 4, 2019.
Signed and sealed by my hand on this 131 day of June, 2019.
Lorri Smith
(SEAL) City Clerk