Res 2019- 71 Variance Somerset School 1355 Dodd RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-71
RESOLUTION APPROVING A VARIANCE
FOR A NEW GYMNASIUM ADDITION AT
SOMERSET ELEMENTARY SCHOOL
LOCATED AT 1355 DODD ROAD
(PLANNING CASE NO. 2019-25)
WHEREAS, under Planning Case No. 2019-25, Independent School District No. 197 (as
"Applicant") and acting on behalf of Somerset Elementary School, applied for a Variance of five -
feet (5') to increase the structure height for a proposed new gymnasium addition to the elementary
school facility, located at 1355 Dodd Road (the "Subject Property"), and legally described on
attached Exhibit A; and
WHEREAS, the Subject Property is guided S -School [Institutional] in the 2030
Comprehensive Plan and is located in the R-1 and R -IA One Family Residential Districts; and
WHEREAS, City Code Section 12 -1E -3.D states no structures or building shall exceed
twenty-five feet (25') in height in the single-family residential zones; 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, the Applicant is seeking permission to construct the new gymnasium addition
with a height not exceed 30.0 -ft. as proposed in the site and elevation plan sets submitted as part
of Planning Case No. 2019-25; and
WHEREAS, on September 24, 2019, the Mendota Heights Planning Commission held a
public hearing on this item, whereby a planning staff report was presented and received by the
commission, comments from the Applicant and public were received and noted for the record, and
upon closing the hearing, the commission elected to recommend approval of the Variance (by 7-0
vote) with certain findings of fact to support such approval and with certain conditions.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
recommendation from the Planning Commission is hereby affirmed, and the Variance of five -feet
(5') for the new gymnasium addition at Somerset Elementary School, as proposed under Planning
Case No. 2019-25, can be approved based on 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 a Variance to allow the proposed
gymnasium building to exceed the 25 -ft. height limits in the R-1 One Family
Residential District to 30 -feet, by the following:
i.) the proposed increased structure height for the new gymnasium addition is
considered a reasonable request, based on the overall scope, scale and use of
the subject property as an elementary school facility, and fits with the current
design and layout of the existing school gymnasium and building on the
property; and is considered consistent with the spirit and intent of the City Code
and Comprehensive Plan;
ii.) The plight of the landowner is due to circumstances unique to the property, as
this proposed gymnasium addition [and the related school facility buildings] are
not a typical single-family use in the underlying R-1 One Family Residential
District; and therefore warrants the approval and granting of such a variance in
this particular case;
iii.)the excess height of the new gymnasium addition is less than what exists today
on the elementary school facility, so the overall impact of this addition will not
be noticeable when compared to other (pre-existing) structures on the school
site; and
iv.) The variance, if granted, will not alter the essential character of the
neighborhoods; since the school is and has been in place and operation for a
number of years in the community, and there is a general accepted expectation
that school facility improvements such as this gymnasium addition, is
considered a reasonable improvement for the overall benefit and enjoyment of
the school, its students, faculty, and the community. Furthermore, the
Applicant has demonstrated an effort to reducing the impacts to the neighboring
single-family uses by planting new trees and landscaping along the north edge
of the property, which will provide a natural screening to the neighbors.
Res 2019-71 Page 2
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 this Variance is for ISD -#197 (Somerset Elementary School) 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. 2019-25, dated and presented September 24, 2019 (on file with the City
of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-71.
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
Variance transaction are as follows:
1. The Applicant shall obtain all necessary building permit for the new structure
identified herein, including any fences or electrical permits as necessary.
2. 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.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
of five -feet (5') for the new gymnasium addition at Somerset Elementary School, as proposed
under Planning Case No. 2019-25, is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTES
Lorri Smith, City Clerk
Res 2 019- 71 Page 3
MAU13 Y l ,
Property Address: 1355 Dodd Road, Mendota Heights MN 55118
PID Nos. 27-03800-20-010; 27-03800-20-020; 27-69702-01-151; 27-03800-23-010
(Per Warranty Deed Doc. No. 340845):
All that part of Lot Twenty (20) in Auditor's Subdivision No. 3, Mendota, according to the plat
thereof filed of record in the office of the Register of Deeds in and for said County and State, lying
North of a line One Hundred Fifty -Nine (15 9) feet due North of and parallel to the South line of said
Lot Twenty (20).
Subject to an easement Twenty (20) feet in width in favor of the Village of Mendota Heights for
sewer and water purposes dated November 3, 1962, and filed in the office of the Register of Deeds of
and for Dakota County, Minnesota, on November 5, 1962 in Book 279 of Deeds at Page 357-358.
(Per Warranty Deed Doc. No. 344434)
Lot Twenty (20) in Auditor's Subdivision No. 3, Mendota, according to the plat thereof, filed of
record in the office of the Register of Deeds in and for said County and State, except so much thereof
as is lying north of a line One Hundred Fifty -Nine ( 159) feet due North of and parallel to the South
line of said Lot Twenty (20).
Subject to an easement Twenty (20) feet in width in favor of the Village of Mendota Heights for
sewer and water purposes dated November 3, 1962 and recorded in the office of the Register of
Deeds of and for Dakota County, Minnesota on November 5, 1962 in Book 279 of Deeds, page 359.
AND
(Per Warranty Deed Doc. No. 143883)
Lots One (I), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10),
Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Block One (1), T. T. Smith's
Subdivision No. Three (3), in the county of Dakota, State of Minnesota, according to the plat thereof
on file and of record in the office of the Register of Deeds in and for said County of Dakota,
Minnesota.
Together with vacated streets and alley as recorded in Doc. No. 437331, recorded July 30, 1974.
Lot 23, Auditor's Subdivision No. 3 (No deed found but Auditor's Subdivision No. 3, Plat of T. T.
Smith's Subdivision No. Three (3), and tax documents show this as school lot.)
No documentation found vacating street north of Lot 23, Auditor's Sub. No. 3
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, IN 55118
Res 2019-71 Page 4
Receipt:# 632490 3333710
VR '4600 I 11 I11 I11 I11 IIIII I11 1II 1I I
Recorded on: 10/23/2019 9:56 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-71
RESOLUTION APPROVING A VARIANCE
FOR A NEW GYMNASIUM ADDITION AT
SOMERSET ELEMENTARY SCHOOL
LOCATED AT 1355 DODD ROAD
(PLANNING CASE NO. 2019-25)
WHEREAS, under Planning Case No. 2019-25, Independent School District No. 197 (as
"Applicant") and acting on behalf of Somerset Elementary School, applied for a Variance of five -
feet (5') to increase the structure height for a proposed new gymnasium addition to the elementary
school facility, located at 1355 Dodd Road (the "Subject Property"), and legally described on
attached Exhibit A; and
WHEREAS, the Subject Property is guided S -School [Institutional] in the 2030
Comprehensive Plan and is located in the R-1 and R -IA One Family Residential Districts; and
WHEREAS, City Code Section 12 -1E -3.D states no structures or building shall exceed
twenty-five feet (25') in height in the single-family residential zones; 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, the Applicant is seeking permission to construct the new gymnasium addition
with a height not exceed 30.0 -ft. as proposed in the site and elevation plan sets submitted as part
of Planning Case No. 2019-25; and
WHEREAS, on September 24, 2019, the Mendota Heights Planning Commission held a
public hearing on this item, whereby a planning staff report was presented and received by the
commission, comments from the Applicant and public were received and noted for the record, and
upon closing the hearing, the commission elected to recommend approval of the Variance (by 7-0
vote) with certain findings of fact to support such approval and with certain conditions.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
recommendation from the Planning Commission is hereby affirmed, and the Variance of five -feet
(5') for the new gymnasium addition at Somerset Elementary School, as proposed under Planning
Case No. 2019-25, can be approved based on 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 a Variance to allow the proposed
gymnasium building to exceed the 25 -ft. height limits in the R-1 One Family
Residential District to 30 -feet, by the following:
i.) the proposed increased structure height for the new gymnasium addition is
considered a reasonable request, based on the overall scope, scale and use of
the subject property as an elementary school facility, and fits with the current
design and layout of the existing school gymnasium and building on the
property; and is considered consistent with the spirit and intent of the City Code
and Comprehensive Plan;
ii.) The plight of the landowner is due to circumstances unique to the property, as
this proposed gymnasium addition [and the related school facility buildings] are
not a typical single-family use in the underlying R-1 One Family Residential
District; and therefore warrants the approval and granting of such a variance in
this particular case;
iii.)the excess height of the new gymnasium addition is less than what exists today
on the elementary school facility, so the overall impact of this addition will not
be noticeable when compared to other (pre-existing) structures on the school
site; and
iv.) The variance, if granted, will not alter the essential character of the
neighborhoods; since the school is and has been in place and operation for a
number of years in the community, and there is a general accepted expectation
that school facility improvements such as this gymnasium addition, is
considered a reasonable improvement for the overall benefit and enjoyment of
the school, its students, faculty, and the community. Furthermore, the
Applicant has demonstrated an effort to reducing the impacts to the neighboring
single-family uses by planting new trees and landscaping along the north edge
of the property, which will provide a natural screening to the neighbors.
Res 2019-71 page 2
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 this Variance is for ISD -#197 (Somerset Elementary School) 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. 2019-25, dated and presented September 24, 2019 (on file with the City
of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-71.
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
Variance transaction are as follows:
1. The Applicant shall obtain all necessary building permit for the new structure
identified herein, including any fences or electrical permits as necessary.
2. 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.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
of five -feet (5') for the new gymnasium addition at Somerset Elementary School, as proposed
under Planning Case No. 2019-25, is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
IJ
Neil Garlock, Mayor
ATTES
Lorri Smith, City Clerk
Res 2 019- 71 Page 3
EXHIBIT A
Property Address: 1355 Dodd Road, Mendota Heights MN 55118
PID Nos. 27-03800-20-010; 27-03800-20-020; 27-69702-01-151; 27-03800-23-010
(Per Warranty Deed Doc. No. 340845):
All that part of Lot Twenty (20) in Auditor's Subdivision No. 3, Mendota, according to the plat
thereof filed of record in the office of the Register of Deeds in and for said County and State, lying
North of a line One Hundred Fifty -Nine (15 9) feet due North of and parallel to the South line of said
Lot Twenty (20).
Subject to an easement Twenty (20) feet in width in favor of the Village of Mendota Heights for
sewer and water purposes dated November 3, 1962, and filed in the office of the Register of Deeds of
and for Dakota County, Minnesota, on November 5, 1962 in Book 279 of Deeds at Page 357-358.
. 11
(Per Warranty Deed Doc. No. 344434)
Lot Twenty (20) in Auditor's Subdivision No. 3, Mendota, according to the plat thereof, filed of
record in the office of the Register of Deeds in and for said County and State, except so much thereof
as is lying north of a line One Hundred Fifty -Nine ( 159) feet due North of and parallel to the South
line of said Lot Twenty (20).
Subject to an easement Twenty (20) feet in width in favor of the Village of Mendota Heights for
sewer and water purposes dated November 3, 1962 and recorded in the office of the Register of
Deeds of and for Dakota County, Minnesota on November 5, 1962 in Book 279 of Deeds, page 359.
AND
(Per Warranty Deed Doc. No. 143883)
Lots One (I), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10),
Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Block One (1), T. T. Smith's
Subdivision No. Three (3), in the county of Dakota, State of Minnesota, according to the plat thereof
on file and of record in the office of the Register of Deeds in and for said County of Dakota,
Minnesota.
Together with vacated streets and alley as recorded in Doc. No. 437331, recorded July 30, 1974.
Lot 23, Auditor's Subdivision No. 3 (No deed found but Auditor's Subdivision No. 3, Plat of T. T.
Smith's Subdivision No. Three (3), and tax documents show this as school lot.)
No documentation found vacating street north of Lot 23, Auditor's Sub. No. 3
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, IN 55118
Res 2019-71 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 2"d day of October, 2019.
Lorri Smith, City Clerk
(SEAL)