Loading...
Res 2020- 16 Variance for 554 Junction LaneCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-16 RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 554 JUNCTION LANE (PLANNING CASE NO. 2020-03) WHEREAS, Rachel Quick, (the "Applicant") applied for a Variance on the property located at 554 Junction Lane (the "Subject Property"), 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 encroach two -feet (2') into the ten -foot (10') side -yard setback under the R-1 District standards for a new garage/connection addition, as proposed under Planning Case No. 2020-03; 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 February 27, 2020, 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 (7-0 vote) to approve the application for Variance, 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 requested under Planning Application Case No. 2020-03 is hereby approved, with 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 the Variance for a reduced setback, by: i.) the proposed matching and small-scale addition and attached garage to the existing home is consistent with other homes and properties throughout the surrounding neighborhood, and the overall use and enjoyment of the home and property does not change even with the allowance of the variance, and therefore the requested variance is considered a reasonable request. ii.) the subject property was originally platted in 1944, creating a uniquely "pie - shaped" style lot and developed in 1947, prior to the current R-1 Zone setback standards, which in turn generated some unique circumstances, difficulties or impediments to the Applicant on adding a reasonable addition on to the home in the rear yard area, except by means of a variance. iii.)approving the Variance does not change the essential character of the neighborhood, as the neighboring properties and residential neighborhood area will not be affected by the approval of this variance; and iv.) This new addition and request for variance is considered in harmony with the general purpose of the zoning ordinance and consistent with the current and proposed land use plans for the community. 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 the Variance is for 554 Junction Lane 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. Res. 2020-16 Page 2 E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2020-03, dated and presented February 27, 2020 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2020-16. 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 encroachment for the addition shall not extend further than 2.0 - feet into the required 10 -foot side -yard setback, as illustrated on the survey and site plan included in the application submittal, on file with the City Planning Dept. Planning Case File No. 2020-03. ii.) The new addition, including the roofline, will match the overall architecture and design of the existing residential dwelling. iii.)Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. iv.) 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. v.) Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance is approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition within one-year from said approval date. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 554 Junction Lane, as proposed under Planning Case No. 2020-03, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 4th day of March, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTE : 1 r Lorri Smith, ity Clerk Res. 2020-15 Page 3 EXHIBIT -A PROPERTY ADDRESS: 554 Junction Lane Mendota Heights, Minnesota 55118 PID No. 27-42100-01-020 LEGAL DESCRIPTION: Lot 2, Block 1, KIRCHNER ADDITION, Dakota County, Minnesota. (Torrens property: Cert. No. 154480) Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-16 Page 4 Receipt:# 738924 837287 VR $46.00 11111111111111111 I1111 II111 Return to: SIMPLIFILE 5072 NORTH 300 w Recorded on: 2/4/2021 3:00 PM By: CZP, Deputy PROVO UT84604 Cert # 154480 Office of the Registrar of Titles Dakota County, Minnesota Amy A. Koethe, Registrar of Titles CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-16 RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 554 JUNCTION LANE (PLANNING CASE NO.2020-03) WHEREAS, Rachel Quick, (the "Applicant") applied for a Variance on the property located at 554 Junction Lane (the "Subject Property"), 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 encroach two -feet (2') into the ten -foot (10') side -yard setback under the R-1 District standards for a new garage/connection addition, as proposed under Planning Case No. 2020-03; 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 February 27, 2020, 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 (7-0 vote) to approve the application for Variance, 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 requested under Planning Application Case No. 2020-03 is hereby approved, with 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 the Variance for a reduced setback, by: i.) the proposed matching and small-scale addition and attached garage to the existing home is consistent with other homes and properties throughout the surrounding neighborhood, and the overall use and enjoyment of the home and property does not change even with the allowance of the variance, and therefore the requested variance is considered a reasonable request. ii.) the subject property was originally platted in 1944, creating a uniquely "pie - shaped" style lot and developed in 1947, prior to the current R-1 Zone setback standards, which in turn generated some unique circumstances, difficulties or impediments to the Applicant on adding a reasonable addition on to the home in the rear yard area, except by means of a variance. iii.)approving the Variance does not change the essential character of the neighborhood, as the neighboring properties and residential neighborhood area will not be affected by the approval of this variance; and iv.) This new addition and request for variance is considered in harmony with the general purpose of the zoning ordinance and consistent with the current and proposed land use plans for the community. 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 the Variance is for 554 Junction Lane 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. Res. 2020-16 Page 2 E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2020-03, dated and presented February 27, 2020 (on file 10th the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2020-16. 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 encroachment for the addition shall not extend further than 2.0- feet into the required 10-foot side -yard setback, as illustrated on the survey and site plan included in the application submittal, on file with the City Planning Dept. Planning Case File No. 2020-03. ii.) The new addition, including the roofline, will match the overall architecture and design of the existing residential dwelling. iii.) Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. iv.)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. v.) Approval of the variance is contingent upon City Council approval of the application and corresponding site plan. If the variance is approved by the City Council, the Applicant shall obtain a building permit for construction of the proposed addition within one-year from said approval date. RE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance application for the property located at 554 Junction Lane, as proposed under Planning Case No. 2020-03, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 4th day of March, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTE 1 r Q Lorri Smith, ity Clerk Res. 2020-15 Page 3 EXHIBIT -A PROPERTY ADDRESS: 554 Junction Lane Mendota Heights, Minnesota 55118 PID No. 27-42100-01-020 LEGAL DESCRIPTION: Lot 2, Block 1, KIRCHNER ADDITION, Dakota County, Minnesota. (Torrens property: Cert. No. 154480) Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-16 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 27" day of January, 2021.