Res 2019- 64 Final Plat Sweeny Addition 777 Wentworth AvCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-64
RESOLUTION APPROVING THE FINAL PLAT (SUBDIVISION)
OF "SWEENEY ADDITION"
LOCATED AT 777 WENTWORTH AVENUE
(PLANNING CASE NO. 2019-17)
WHEREAS, Edward M. Sweeney (the "Owner/Applicant") applied under Planning Case
No. 2019-17 for a new subdivision plat of lands to be titled "Sweeney Addition", for the property
located at 777 Wentworth Avenue (the "Subject Property"), 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 11-1-1 of the City Code (Subdivision Regulations) 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 three (3) new
parcel legally described and illustrated on the proposed preliminary plat titled "Sweeney Addition"
and which is attached as Exhibit B; and
WHEREAS, on June 25, 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 subdivision request, with certain findings of fact and conditions of approval as noted herein;
and
WHEREAS, on July 2, 2019, the Mendota Heights City Council adopted separate
Resolution No. 2019-47, which approved the preliminary plat of Sweeney Addition with certain
findings of facts and conditions; and
WHEREAS, on July 8, August 5 and September 4, 2019, the Dakota County Plat
Commission met to consider the final plat of Sweeney Addition, and provided a number of
conditions of approval, which are noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
final plat subdivision of Sweeney Addition as proposed under Planning Case No. 2019-17, and for
the property located at 777 Wentworth Avenue, can be approved based on the following findings
of fact:
A. The proposed plat meets the purpose and intent of the Subdivision Code.
B. The proposed plat request meets the purpose and intent of the City Code and is
consistent with the Comprehensive Plan.
C. The proposed lots will meet the minimum standards required under the R-1 One
Family Residential District.
D. A wetlands permit for future construction on Lot 3 will require compliance with
applicable land disturbance and drainage standards to ensure there are no negative
impacts to the surrounding water body and natural environment.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the final plat
subdivision of Sweeney Addition as proposed under Planning Case No. 2019-17, and for the
property located at 777 Wentworth Avenue, is hereby approved with the following conditions:
1. Park dedication fee in the amount of $8,000.00 (for two new lots) and in lieu of
land dedication, is collected after City Council approval and before the final plat is
recorded by Dakota County or issuance of any additional permits by the City.
2. The concept plans presented under this plat request do not represent or provide
approval of building layouts or setbacks. Final layouts and setbacks must meet R-
1 Zone standards and shall be approved under separate building permits for each
lot.
3. No development, grading or construction activity on Lot 3 will occur on slopes over
33% as shown in the hatched area of the preliminary plat.
4. All new construction and grading activities on Lots 1 and 3 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.
5. The existing (and non -conforming) 16' x 30' accessory shed/structure on the back
corner of Lot 1 must be removed within 6 -months after final plat approval and prior
to the city allowing any new single-family dwelling building permit to occur on
said lot.
Res 2019-64 Page 2
6. A wetlands permit must be obtained prior to any proposed development activities
or new home permit activities on Lot 3.
7. Developer will provide 40 -ft. right-of-way dedication along Wentworth Avenue
and Wachtler Avenue (Dakota County Road No. 8);
Lots 1 and 3 will each be approved with a 30 -foot wide, shared (dual) driveway
access opening onto Wentworth Avenue only, while the existing driveway serving
770 Wentworth Drive (Lot 2) will be considered a temporary access until such time
said Lot 2 is split or subdivided in the future.
The two new lots created by any split of Lot 2 must tie into the shared driveway
accesses provided for Lots 1 and 3.
10. Developer shall restrict access along all of CR 8, except for the two 30 -foot access
openings along the new right of way line. A temporary access permit with the
County would be required to allow the existing driveway, which would expire only
if Lot 2 is split again into two lots. A quit claim deed to Dakota County for
restricted access is required with the recording of the plat mylars.
11. No work shall commence in the County right of way until a permit is obtained from
the County Transportation Department and no permit will be issued until the plat
has been filed with the County Recorder's Office.
Adopted by the City Council of the City of Mendota Heights this 17th day of September, 2019
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
1
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2019-64 Page 3
EXHIBIT A
Property Legal Description
PI D# 27-03800-35-010
All that part of the Northwest Quarter (NW 1 /4) of Section Twenty-four (24), Township Twenty-
eight (28), Range Twenty-three (23), described as follows: Beginning at the Southwest corner of
said quarter section, thence running East along the South line of said quarter section four hundred
seventy-nine ( 479) feet; thence North parallel with the West line of said quarter section two
hundred ninety-two and thirty-six hundredths (292.36) feet; thence West on a line parallel with the
South line of said quarter section four hundred seventy-nine ( 479) feet, more or less, to the West
line of said quarter section, thence South on said West line two hundred ninety-two and thirty-six
hundredths (292.36) feet, more or less, to the place of beginning, according to the Government
Survey thereof, known as Lot Thirty-five (35), of Auditor's Subdivision No. 3, Mendota, Dakota
County, Minnesota.
Abstract Property
Res 2019-64 Page 4
EXHIBIT B
Res 2019-64 Page 5
Receipt:# 632472
APPRO $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-64
3333702
Recorded on: 10/23/2019 9:50 AM
By: AS, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
RESOLUTION APPROVING THE FINAL PLAT (SUBDIVISION)
OF "SWEENEY ADDITION"
LOCATED AT 777 WENTWORTH AVENUE
(PLANNING CASE NO. 2019-17)
WHEREAS, Edward M. Sweeney (the "Owner/Applicant") applied under Planning Case
No. 2019-17 for a new subdivision plat of lands to be titled "Sweeney Addition", for the property
located at 777 Wentworth Avenue (the "Subject Property"), 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 11-1-1 of the City Code (Subdivision Regulations) 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 three (3) new
parcel legally described and illustrated on the proposed preliminary plat titled "Sweeney Addition"
and which is attached as Exhibit B; and
WHEREAS, on June 25, 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 subdivision request, with certain findings of fact and conditions of approval as noted herein;
and
WHEREAS, on July 2, 2019, the Mendota Heights City Council adopted separate
Resolution No. 2019-47, which approved the preliminary plat of Sweeney Addition with certain
findings of facts and conditions; and
WHEREAS, on July 8, August 5 and September 4, 2019, the Dakota County Plat
Commission met to consider the final plat of Sweeney Addition, and provided a number of
conditions of approval, which are noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
final plat subdivision of Sweeney Addition as proposed under Planning Case No. 2019-17, and for
the property located at 777 Wentworth Avenue, can be approved based on the following findings
of fact:
A. The proposed plat meets the purpose and intent of the Subdivision Code.
B. The proposed plat request meets the purpose and intent of the City Code and is
consistent with the Comprehensive Plan.
C. The proposed lots will meet the minimum standards required under the R-1 One
Family Residential District.
D. A wetlands permit for future construction on Lot 3 will require compliance with
applicable land disturbance and drainage standards to ensure there are no negative
impacts to the surrounding water body and natural environment.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the final plat
subdivision of Sweeney Addition as proposed under Planning Case No. 2019-17, and for the
property located at 777 Wentworth Avenue, is hereby approved with the following conditions:
1. Park dedication fee in the amount of $8,000.00 (for two new lots) and in lieu of
land dedication, is collected after City Council approval and before the final plat is
recorded by Dakota County or issuance of any additional permits by the City.
2. The concept plans presented under this plat request do not represent or provide
approval of building layouts or setbacks. Final layouts and setbacks must meet R-
1 Zone standards and shall be approved under separate building permits for each
lot.
3. No development, grading or construction activity on Lot 3 will occur on slopes over
33% as shown in the hatched area of the preliminary plat.
4. All new construction and grading activities on Lots 1 and 3 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.
5. The existing (and non -conforming) 16' x 30' accessory shed/structure on the back
corner of Lot 1 must be removed within 6 -months after final plat approval and prior
to the city allowing any new single-family dwelling building permit to occur on
said lot.
Res 2019-64 Page 2
A wetlands permit must be obtained prior to any proposed development activities
or new home permit activities on Lot 3.
7. Developer will provide 40 -ft. right-of-way dedication along Wentworth Avenue
and Wachtler Avenue (Dakota County Road No. 8);
Lots 1 and 3 will each be approved with a 30 -foot wide, shared (dual) driveway
access opening onto Wentworth Avenue only, while the existing driveway serving
770 Wentworth Drive (Lot 2) will be considered a temporary access until such time
said Lot 2 is split or subdivided in the future.
9. The two new lots created by any split of Lot 2 must tie into the shared driveway
accesses provided for Lots 1 and 3.
10. Developer shall restrict access along all of CR 8, except for the two 30 -foot access
openings along the new right of way line. A temporary access permit with the
County would be required to allow the existing driveway, which would expire only
if Lot 2 is split again into two lots. A quit claim deed to Dakota County for
restricted access is required with the recording of the plat mylars.
11. No work shall commence in the County right of way until a permit is obtained from
the County Transportation Department and no permit will be issued until the plat
has been filed with the County Recorder's Office.
Adopted by the City Council of the City of Mendota Heights this 17th day of September, 2019
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
1
Lorri Smith, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2019-64 Page 3
EXHIBIT A
Property Legal Description
PI D# 27-03800-35-010
All that part of the Northwest Quarter (NW 1 /4) of Section Twenty-four (24), Township Twenty-
eight (28), Range Twenty-three (23), described as follows: Beginning at the Southwest corner of
said quarter section, thence running East along the South line of said quarter section four hundred
seventy-nine ( 479) feet; thence North parallel with the West line of said quarter section two
hundred ninety-two and thirty-six hundredths (292.36) feet; thence West on a line parallel with the
South line of said quarter section four hundred seventy-nine ( 479) feet, more or less, to the West
line of said quarter section, thence South on said West line two hundred ninety-two and thirty-six
hundredths (292.36) feet, more or less, to the place of beginning, according to the Government
Survey thereof, known as Lot Thirty-five (35), of Auditor's Subdivision No. 3, Mendota, Dakota
County, Minnesota.
Abstract Property
Res 2019-64 Page 4
EXHIBIT B
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Res 2019-64 Page 5
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 17th day of September, 2019.
Lorri Smith, City Clerk
(SEAL)