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Res 2019- 46 Deny Variance 1562 Wachtler AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-46 RESOLUTION DENYING A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2019-14) WHEREAS, under Planning Case No. 2019-14, Mr. Jim Carlson (the "Owner/Applicant") applied for a variance for reduced driveway setbacks on the property located at 1562 Wachtler Avenue, (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 install a new driveway that would encroach 2.5 ft. into the required 5 -ft. setback standard for driveways from side -yard property lines, 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 May 28, 2019, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon comments from the public and discussion with the Applicant, the commission elected to table the item to the next meeting; and WHEREAS, on June 25, 2019, the Planning Commission re -opened the public hearing, allowed for additional comments from the public and applicant, closed the hearing, and whereupon concluding their discussion on this item, the planning commission elected to recommend denial of the Variance (on 6-1 vote), 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 affirmed, and the Variance application as proposed under Planning Case No. 2019-14 is hereby denied, with the following findings of fact: A. 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." B. The City hereby determines the Applicant has not met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a variance for a reduced driveway setback. The proposed driveway is not essential to the overall enjoyment and continued use of the property; and there are other alternatives or locations for placing the driveway on the property due to its large size; and is therefore not considered a reasonable use of the property. C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 1562 Wachtler Avenue, as proposed under Planning Case No. 2019-14, is hereby denied. Adopted by the City Council of the City of Mendota Heights this 16th day of July, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Y(_J Neil Garlock, Mayor ATTEST: Lorri Smith, (%ty Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-46 Page 2 Exhibit A PROPERTY ADDRESS: 1562 Wachtler Avenue Mendota Heights, Minnesota 55118 PID No. 27-03800-32-010 LEGAL DESCRIPTION: Lot 32, Auditor's Subdivision No. 3, Mendota, Minnesota Res 2019-46 Page 3 Receipt:# 614717 RES $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-46 3315778 Recorded on: 7/19/2019 9:26 AM By: CGK, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION DENYING A VARIANCE FOR REDUCED DRIVEWAY SETBACKS AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2019-14) WHEREAS, under Planning Case No. 2019-14, Mr. Jim Carlson (the "Owner/Applicant") applied for a variance for reduced driveway setbacks on the property located at 1562 Wachtler Avenue, (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 install a new driveway that would encroach 2.5 ft. into the required 5 -ft. setback standard for driveways from side -yard property lines, 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 May 28, 2019, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon comments from the public and discussion with the Applicant, the commission elected to table the item to the next meeting; and WHEREAS, on June 25, 2019, the Planning Commission re -opened the public hearing, allowed for additional comments from the public and applicant, closed the hearing, and whereupon concluding their discussion on this item, the planning commission elected to recommend denial of the Variance (on 6-1 vote), 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 affirmed, and the Variance application as proposed under Planning Case No. 2019-14 is hereby denied, with the following findings of fact: A. Under Title 12-1 L -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." B. The City hereby determines the Applicant has not met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a variance for a reduced driveway setback. The proposed driveway is not essential to the overall enjoyment and continued use of the property; and there are other alternatives or locations for placing the driveway on the property due to its large size; and is therefore not considered a reasonable use of the property. C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 1562 Wachtler Avenue, as proposed under Planning Case No. 2019-14, is hereby denied. Adopted by the City Council of the City of Mendota Heights this 16th day of July, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: f Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res 2019-46 Page 2 Exhibit A PROPERTY ADDRESS: 1562 Wachtler Avenue Mendota Heights, Minnesota 55118 PID No. 27-03800-32-010 LEGAL DESCRIPTION: Lot 32, Auditor's Subdivision No. 3, Mendota, Minnesota Res 2019-46 Page 3 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.