Res 2020- 33 Variance ISD 197 Friendly HillsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-33
RESOLUTION APPROVING A VARIANCE TO
INDEPENDENT SCHOOL DISTRICT NO. 197 FOR
WIDER DRIVEWAY ACCESS LOCATED AT
FRIENDLY HILLS MIDDLE SCHOOL - 701 MENDOTA HEIGHTS ROAD
[PLANNING CASE NO. 2020-06]
WHEREAS, Independent School District No. 197 (the "Applicant") applied for a Variance
for the property generally identified as Friendly Hills Middle School, located at 701 Mendota
Heights Road, and which is legally described in attached Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as
Institutional — "S -School" and zoned R-1 One Family Residential, according to the city's official
Zoning Map; and
WHEREAS, the Applicant is seeking a Variance to the provisions of City Code Section
12-lD-16, Subpart E.1, related to driveway access widths in residential districts, whereby the
variance would allow the Applicant to widen an existing driveway access from 28 -feet in width to
38 -feet in width, as presented under Planning Case No. 2020-06; 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 April 28, 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
by Independent School District No. 197 under Planning Application Case No. 2020-06, for
Friendly Hills Middle School, 701 Mendota Heights Road, 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-16, Subpart E.1, as it relates to a driveway access exceeding the twenty-five
foot (25') width standard for uses in a residential district, specifically for the easterly
main access driveway to be 38 -feet in width, located at Friendly Hills Middle
School, 701 Mendota Heights Road, and with the following supporting findings -
of -facts:
i.) The plight of the landowner is due to circumstances unique to the property,
as this school use functions more like an institutional use rather than a typical
single-family use in the underlying R-1 One Family Residential District, and
therefore warrants increased, but reasonable allowances for granting a wider
driveway access on to a public roadway system.
ii.) 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 an accepted expectation that
this improved wider driveway access can be considered a reasonable
improvement for the overall safety, benefit and enjoyment of the school, its
students, faculty, and the community.
iii.) The general limitedness, scale and scope of this variance needed to approve
this wider driveway access for this school site, can be considered consistent
with the spirit and intent of the City Code and Comprehensive Plan for the
community, and may be approved as presented herein.
iv.) The Applicant has proven a reasonable justification and demonstrated a
practical difficulty in this case for granting of the variance presented herein.
Res. 2020-33 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 the Variance noted herein are for Friendly Hills Middle School/ISD
#197 (701 Mendota heights Road) 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. 2020-06, dated and presented April 28, 2020, on file with the City of
Mendota Heights, is hereby fully incorporated into this Resolution No. 2020-33.
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:
The Applicant shall not deviate from the site plan under this application
review; nor increase the width of this driveway access (or other access)
beyond the approved 3 8 -ft. measurement without first seeking and receiving
city approvals, unless City Code provides for certain or allowable
improvements to be made without any special application review process.
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.
Approval of the variance is contingent upon City Council approval of the
application and corresponding site plan. If the variance is approved, the
Applicant shall obtain all necessary permits for construction of the proposed
access improvements within one-year from said approval date. If after one
year no work has commenced, the Applicant may request an additional
extension (to be determined by the City Council) if needed.
Res. 2020-33 _ _ Page 3
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
of a 38 -ft. wide driveway access at Friendly Hills Middle School, 701 Mendota Heights Road, is
hereby approved.
Adopted by the City Council of the City of Mendota Heights this 5th day of May, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
1� gvwfl
Lorri Smith, City Clerk
Res. 2020-33 Page 4
EXHIBIT A
Property Address: 701 Mendota Heights Road
Mendota Heights MN 55120
Friendly Hills Middle School
Parcel ID: 27-03600-52-012
DESCRIPTION OF PROPERTY SURVEYED
(Per Warranty Deed Numbers 344343 and 344342)
All that part of the Northeast Quarter (NE I/ 4) of the Southwest Quarter (SW U 4) of Section
Thirty-six (36), Township Twenty-eight (28), Range (23), lying North of the proposed Mendota
Heights Road, containing 33 acres more or less, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2020-33 Page 5
3438582
Receipt:# 741261
VR $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIII
Recorded on: 2/11/2021 10:57 AM
By: AS, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-33
RESOLUTION APPROVING A VARIANCE TO
INDEPENDENT SCHOOL DISTRICT NO. 197 FOR
WIDER DRIVEWAY ACCESS LOCATED AT
FRIENDLY HILLS MIDDLE SCHOOL - 701 MENDOTA HEIGHTS ROAD
[PLANNING CASE NO.2020-06]
WHEREAS, Independent School District No. 197 (the "Applicant") applied for a Variance
for the property generally identified as Friendly Hills Middle School, located at 701 Mendota
Heights Road, and which is legally described in attached Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided under the 2030 Comprehensive Plan as
Institutional — "S-School" and zoned R-1 One Family Residential, according to the city's official
Zoning Map; and
WHEREAS, the Applicant is seeking a Variance to the provisions of City Code Section
12-1D-16, Subpart E.1, related to driveway access widths in residential districts, whereby the
variance would allow the Applicant to widen an existing driveway access from 28-feet in width to
38-feet in width, as presented under Planning Case No. 2020-06; 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 April 28, 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
by Independent School District No. 197 under Planning Application Case No. 2020-06, for
Friendly Hills Middle School, 701 Mendota Heights Road, 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-16, Subpart E.1, as it relates to a driveway access exceeding the twenty-five
foot (25') width standard for uses in a residential district, specifically for the easterly
main access driveway to be 38-feet in width, located at Friendly Hills Middle
School, 701 Mendota Heights Road, and with the following supporting findings -
of -facts:
i.) The plight of the landowner is due to circumstances unique to the property,
as this school use functions more like an institutional use rather than a typical
single-family use in the underlying R-1 One Family Residential District, and
therefore warrants increased, but reasonable allowances for granting a wider
driveway access on to a public roadway system.
ii.) 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 an accepted expectation that
this improved wider driveway access can be considered a reasonable
improvement for the overall safety, benefit and enjoyment of the school, its
students, faculty, and the community.
iii.) The general limitedness, scale and scope of this variance needed to approve
this wider driveway access for this school site, can be considered consistent
with the spirit and intent of the City Code and Comprehensive Plan for the
community, and may be approved as presented herein.
iv.) The Applicant has proven a reasonable justification and demonstrated a
practical difficulty in this case for granting of the variance presented herein.
Res. 2020-33 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 the Variance noted herein are for Friendly Hills Middle School/ISD
#197 (701 Mendota heights Road) 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. 2020-06, dated and presented April 28, 2020, on file with the City of
Mendota Heights, is hereby fully incorporated into this Resolution No. 2020-33.
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:
The Applicant shall not deviate from the site plan under this application
review; nor increase the width of this driveway access (or other access)
beyond the approved 3 8-ft. measurement without first seeking and receiving
city approvals, unless City Code provides for certain or allowable
improvements to be made without any special application review process.
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.
Approval of the variance is contingent upon City Council approval of the
application and corresponding site plan. If the variance is approved, the
Applicant shall obtain all necessary permits for construction of the proposed
access improvements within one-year from said approval date. If after one
year no work has commenced, the Applicant may request an additional
extension (to be determined by the City Council) if needed.
Res. 2020-33 _ _ Page 3
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
of a 38-ft. wide driveway access at Friendly Hills Middle School, 701 Mendota Heights Road, is
hereby approved.
Adopted by the City Council of the City of Mendota Heights this 5th day of May, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
1� gvwfl
Lorri Smith, City Clerk
Res. 2020-33 Page 4
EXHIBIT A
Property Address: 701 Mendota Heights Road
Mendota Heights MN 55120
Friendly Hills Middle School
Parcel ID: 27-03600-52-012
DESCRIPTION OF PROPERTY SURVEYED
(Per Warranty Deed Numbers 344343 and 344342)
All that part of the Northeast Quarter (NE I/ 4) of the Southwest Quarter (SW U 4) of Section
Thirty-six (36), Township Twenty-eight (28), Range (23), lying North of the proposed Mendota
Heights Road, containing 33 acres more or less, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2020-33 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 27" day of January, 2021.
Lorri Smith, City Clerk
(SEAL)