Res 2020- 25 Variance BP Amoco 2030 Dodd RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-25
RESOLUTION APPROVING A VARIANCE
FOR MENDOTA HEIGHTS BP -AMOCO SERVICE STATION
LOCATED AT 2030 DODD ROAD
(PLANNING CASE NO. 2020-05)
WHEREAS, Sean Hoffmann and Jeff Wieland, acting on behalf of Mendota Heights BP -
Amoco Auto Service Station (as the "Applicant") applied for a Variance on the property located
at 2030 Dodd Road (the "Subject Property"), legally described on attached Exhibit A; and
WHEREAS, the Applicant is seeking a Variance to the provisions of City Code Section
12-1D-1 related to Nonconforming Uses, Structures and Lands, whereby the variance would allow
the Applicant to extend and intensify an existing legal nonconforming structure and use at the
subject property, as proposed under Planning Case No. 2020-05; 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 March 24, 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 (5-0 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. 2020-05 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 to City Code Section
12-1D-1, as it relates to expanding or increasing a nonconforming structure on the
subject site, located at 2030 Dodd Road, by:
i.) the proposed 3rd service bay addition and remodeling/expansion to this motor
fuel/auto service station does not drastically change the overall use of this
property; the overall use and enjoyment of this commercial property will
continue as it was originally intended to serve — as a motor fuel/service
station; the building footprint remains the same; and there are no impacts to
the surrounding uses, parking, or setback/lot lines. Therefore, this requested
variance is considered a reasonable request and an appropriate means for
allowing the continued and successful use of this property.
ii.) the subject property was originally developed in 1966 with the absence of
certain lot/setback standards, which are now in effect and present today,
thereby creating some unique circumstances, difficulties or impediments to
the Owner/Applicant on providing a reasonable addition to the business,
except by means of a variance.
iii.) approving the Variance does not change the essential character of the
neighborhood, as the neighboring properties are all commercial, and no
properties will be negatively impacted or affected by approving this variance;
and
iv.) This new addition and request for variance to expand a nonconforming
structure/use is considered in harmony with the general purpose of the zoning
ordinance and consistent with the current and proposed goals and policies in
the comprehensive 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 2030 Dodd Road only, and does not apply or give
precedential value to any other properties throughout the City. All variance
Res. 2020-25 Page 2
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. 2020-04, dated and presented March 24, 2020 (on file with the City of
Mendota Heights), and is hereby fully incorporated into Resolution No. 2020-25.
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 expansion shall not extend further than what is presented in the
Site/Elevation Plans as presented with Planning Application Case No. 2020-
05.
ii.) The new addition will match the overall architecture and design (including
any new upgrades to the exterior) as proposed by the Applicant.
iii.) 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 Mendota Heights BP -Amoco Auto Service Station property, located at 2030
Dodd Road, and as proposed under Planning Case No. 2020-05, is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res. 2020-25 Page 3
EXHIBIT -A
PROPERTY ADDRESS: 2030 DODD ROAD
Mendota Heights, Minnesota 55120
PID No. 27-02500-50-020
LEGAL DESCRIPTION:
Part of the West One -Half (1/2) of the Northwest Quarter (1/4) of the Southwest Quarter (1/4)
commencing on the centerline of Trunk Highway #149 and 275 feet Southwest of its intersection
with Trunk Highway 100; thence Southeast at 90 degrees for 143 feet; thence Southwest at 90
degrees for 117 feet; thence Northwest for 149.29 feet to the centerline of Trunk Highway #149;
thence Northeast on said centerline a distance of 159. 9 feet to point of beginning; and subject to
Trunk Highway #149; all in Section 25, Township 28, Range 23, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2020-25 Page 4
3438590
Receipt:# 741258
VR $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 2/11/2021 11:07 AM
By: CGK, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-25
RESOLUTION APPROVING A VARIANCE
FOR MENDOTA HEIGHTS BP-AMOCO SERVICE STATION
LOCATED AT 2030 DODD ROAD
(PLANNING CASE NO.2020-05)
WHEREAS, Sean Hoffmann and Jeff Wieland, acting on behalf of Mendota Heights BP -
Amoco Auto Service Station (as the "Applicant") applied for a Variance on the property located
at 2030 Dodd Road (the "Subject Property"), legally described on attached Exhibit A; and
WHEREAS, the Applicant is seeking a Variance to the provisions of City Code Section
12-1D-1 related to Nonconforming Uses, Structures and Lands, whereby the variance would allow
the Applicant to extend and intensify an existing legal nonconforming structure and use at the
subject property, as proposed under Planning Case No. 2020-05; and
WHEREAS, Title 12-lL-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 March 24, 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 (5-0 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. 2020-05 is hereby approved, with the following findings of
fact:
A. Under Title 12-IL-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 to City Code Section
12-1D-1, as it relates to expanding or increasing a nonconforming structure on the
subject site, located at 2030 Dodd Road, by:
i.) the proposed 3rd service bay addition and remodeling/expansion to this motor
fuel/auto service station does not drastically change the overall use of this
property; the overall use and enjoyment of this commercial property will
continue as it was originally intended to serve — as a motor fuel/service
station; the building footprint remains the same; and there are no impacts to
the surrounding uses, parking, or setback/lot lines. Therefore, this requested
variance is considered a reasonable request and an appropriate means for
allowing the continued and successful use of this property.
ii.) the subject property was originally developed in 1966 with the absence of
certain lot/setback standards, which are now in effect and present today,
thereby creating some unique circumstances, difficulties or impediments to
the Owner/Applicant on providing a reasonable addition to the business,
except by means of a variance.
iii.) approving the Variance does not change the essential character of the
neighborhood, as the neighboring properties are all commercial, and no
properties will be negatively impacted or affected by approving this variance;
and
iv.) This new addition and request for variance to expand a nonconforming
structure/use is considered in harmony with the general purpose of the zoning
ordinance and consistent with the current and proposed goals and policies in
the comprehensive 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 2030 Dodd Road only, and does not apply or give
precedential value to any other properties throughout the City. All variance
Res. 2020-25 Page 2
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. 2020-04, dated and presented March 24, 2020 (on file with the City of
Mendota Heights), and is hereby fully incorporated into Resolution No. 2020-25.
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 expansion shall not extend further than what is presented in the
Site/Elevation Plans as presented with Planning Application Case No. 2020-
05.
ii.) The new addition will match the overall architecture and design (including
any new upgrades to the exterior) as proposed by the Applicant.
iii.) 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 Mendota Heights BP -Amoco Auto Service Station property, located at 2030
Dodd Road, and as proposed under Planning Case No. 2020-05, is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 7th day of April, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res. 2020-25 Page 3
EXHIBIT -A
PROPERTY ADDRESS: 2030 DODD ROAD
Mendota Heights, Minnesota 55120
PID No. 27-02500-50-020
LEGAL DESCRIPTION:
Part of the West One -Half (1/2) of the Northwest Quarter (1/4) of the Southwest Quarter (1/4)
commencing on the centerline of Trunk Highway #149 and 275 feet Southwest of its intersection
with Trunk Highway 100; thence Southeast at 90 degrees for 143 feet; thence Southwest at 90
degrees for 117 feet; thence Northwest for 149.29 feet to the centerline of Trunk Highway #149;
thence Northeast on said centerline a distance of 159. 9 feet to point of beginning; and subject to
Trunk Highway #149; all in Section 25, Township 28, Range 23, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2020-25 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.
Lorri Smith, City Clerk
(SEAL)