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Res 2019- 40 Variance 1341 Cherry Hill RoadCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-40 RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 1341 CHERRY HILL ROAD (PLANNING CASE NO. 2019-12) WHEREAS, Charles "Chuck" Mastel (as "Applicant") applied for a variance for the property located at 1341 Cherry Hill 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 allow an oversized privacy fence of 9 - feet in height, which would exceed the maximum allowable sized fence height of 6 -feet in residential zoned properties, as proposed under Planning Case No. 2019-12; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the City of Mendota Heights (the "City") 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 May 28, 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 (by 7-0 vote) to approve the Variance as presented under Planning Case No. 2019-12, with certain findings of fact to support such approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and the Variance application proposed under Planning Case No. 2019-12 is hereby approved, with the following findings of fact and conditions: 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 a Variance to allow a residential fence height increase from 6 -ft. to 9 -ft. along the rear lot line, by the following: i.) the proposed increased fence height is a reasonable request on the subject property, due to the need to relocated the fence from an elevated area to a lower level of the property; ii.) Dakota County has ordered the removal of the fence from its current location next to the county trail system (and even after 32 years), and thus created a unique situation for the homeowner to keep and maintain a certain level of privacy and screening measures from the abutting county roadway and trail system; iii.) due to the grade differences from the current fence location to new, approving the Variance for an increased fence height does not change the essential character of the neighborhood, as the subject property abuts residential properties on both sides, and the residential uses on the opposite side of Wachtler Avenue are situated far enough away that they will not be impacted by the higher fence; and iv.) the reason for the Variance request is to permit a reasonable request to extend the privacy fence higher than the 6 -ft. height standard in order to retain privacy and screening from the county roadway, and enhances safety for the homeowner. 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. Res 2019-40 Page 2 D. Approval of this Variance is for 1341 Cherry Hill 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. 2019-12, dated and presented May 28, 2019 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-40. 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: i.) The proposed higher fence shall require a building permit (instead of zoning permit) as per Minnesota State Building Codes. ii.) The proposed fence shall not extend more than 9 -ft. above the level grade of the rear yard at the property line parallel with Wachtler Avenue; and must match the current shadow-box style or design of the existing residential fence on the subject property. iii.) Within one year of approval by the City Council, the Applicant shall obtain a building permit for construction of the proposed fence. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 1341 Cherry Hill Road, as proposed under Planning Case No. 2019-12, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 4th day of June, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS sb_)( A Neil Garlock, Mayor ATTE54) l Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-40 Page 3 Exhibit A PROPERTY ADDRESS: 1341 Cherry Hill Road Mendota Heights, Minnesota 55118 PID No. 27-17151-03-040 LEGAL DESCRIPTION: Lot Four (4), Block Three (3), Cherry Hill 2nd Addition, Dakota County, Minnesota Res 2019-40 Page 4 Receipt:# 614718 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-40 3315767 Recorded on: 7/19/2019 8:57 AM By: DRA, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 1341 CHERRY HILL ROAD (PLANNING CASE NO. 2019-12) WHEREAS, Charles "Chuck" Mastel (as "Applicant") applied for a variance for the property located at 1341 Cherry Hill 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 allow an oversized privacy fence of 9 - feet in height, which would exceed the maximum allowable sized fence height of 6 -feet in residential zoned properties, as proposed under Planning Case No. 2019-12; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the City of Mendota Heights (the "City") 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 May 28, 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 (by 7-0 vote) to approve the Variance as presented under Planning Case No. 2019-12, with certain findings of fact to support such approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission is hereby affirmed, and the Variance application proposed under Planning Case No. 2019-12 is hereby approved, with the following findings of fact and conditions: 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 a Variance to allow a residential fence height increase from 6 -ft. to 9 -ft. along the rear lot line, by the following: i.) the proposed increased fence height is a reasonable request on the subject property, due to the need to relocated the fence from an elevated area to a lower level of the property; ii.) Dakota County has ordered the removal of the fence from its current location next to the county trail system (and even after 32 years), and thus created a unique situation for the homeowner to keep and maintain a certain level of privacy and screening measures from the abutting county roadway and trail system; iii.) due to the grade differences from the current fence location to new, approving the Variance for an increased fence height does not change the essential character of the neighborhood, as the subject property abuts residential properties on both sides, and the residential uses on the opposite side of Wachtler Avenue are situated far enough away that they will not be impacted by the higher fence; and iv.) the reason for the Variance request is to permit a reasonable request to extend the privacy fence higher than the 6 -ft. height standard in order to retain privacy and screening from the county roadway, and enhances safety for the homeowner. 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. Res 2019-40 Page 2 D. Approval of this Variance is for 1341 Cherry Hill 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. 2019-12, dated and presented May 28, 2019 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-40. 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: i.) The proposed higher fence shall require a building permit (instead of zoning permit) as per Minnesota State Building Codes. ii.) The proposed fence shall not extend more than 9 -ft. above the level grade of the rear yard at the property line parallel with Wachtler Avenue; and must match the current shadow-box style or design of the existing residential fence on the subject property. iii.) Within one year of approval by the City Council, the Applicant shall obtain a building permit for construction of the proposed fence. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 1341 Cherry Hill Road, as proposed under Planning Case No. 2019-12, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 4th day of June, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTE54) l Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-40 Page 3 Exhibit A PROPERTY ADDRESS: 1341 Cherry Hill Road Mendota Heights, Minnesota 55118 PID No. 27-17151-03-040 LEGAL DESCRIPTION: Lot Four (4), Block Three (3), Cherry Hill 2nd Addition, Dakota County, Minnesota Res 2019-40 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 19th day of July, 2019.