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Res 2020- 83 Lot Split, Wetlands Permit, Variance 1826 Valley Curve RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020-83 RESOLUTION APPROVING A LOT SPLIT, WETLANDS PERMIT AND VARIANCE FOR 1826 VALLEY CURVE ROAD [PLANNING CASE NO. 2020-231 WHEREAS, Paul Rice and Kaitlin Gardner (as "Applicant") and acting on behalf of Frank Klein (the "Owner") requests approval of a Lot Split, Wetlands Permit and Variance as proposed under Planning Case No. 2020-23, and for the property located at 1826 Valley Curve Road, legally described in attached Exhibit A; and WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district, and the Applicant seeks to subdivide the Subject Property into two parcels, as legally described and illustrated on attached Exhibit B; and WHEREAS, pursuant to Title 12-2-1 of the City Code, all new construction, related improvements, grading, and/or removals made within one -hundred (100) feet of a wetland or water resource -related area requires a wetlands permit; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the City 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 November 24, 2020, the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Split, Wetlands Permit and Variance applications, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve all three land use applications, which would allow the allow the Applicant to construct a new single-family dwelling on a newly created legal lot, within 100 -feet of an established wetland (Marie Creek) and allow the new single-family dwelling with a 30 -ft. front yard setback, with certain conditions and findings of fact to support said approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission on Planning Case No. 2020-23 is hereby affirmed, and the Lot Split, Wetlands Permit and Variance requested for the property located at 1826 Valley Curve Road, is hereby approved with the following findings -of -facts and conditions: 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.) Any proposed dwelling for the newly created lot should be consistent with other homes and properties throughout the surrounding neighborhood, and the overall use and enjoyment of the existing property and home does not change even with the allowance of the variance on the new dwelling; therefore the requested variance can be considered a reasonable request. ii.) the allowance of this variance to match (closely) the front -yard setbacks with the existing dwelling on the subject property, is considered reasonable under this request. iii.) The location and meandering nature of the creek in the rear yard, along with the existing drainage and utility easements along the rear lot area, generates some unique circumstances or difficulties for the Applicant to meet the average setback of the adjoining principal structures on each side of this new lot, except by means of this variance. iv.) 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 v.) 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 Res. 2020-83 Page 2 of 6 surrounding area, and upon the Comprehensive Plan, and has determined this Variance needed for this addition will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of the Variance is for 1826 Valley Curve 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 proj ect 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 proposed lot split request meet the overall spirit, purpose and intent of the City Code and is consistent with the goals and objectives of the Comprehensive Plan. F. The proposed subdivision and any new (future) residential dwelling will not create any negative impacts to the surrounding uses or neighborhood. G. The two, newly -created parcels meet the R-1 One Family Residential Zoning District standards for lot area and width. H. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2020-23, dated and presented November 24, 2020 (on file with the City of Mendota Heights), and is hereby fully incorporated into this Resolution No. 2020-81. I. The City has the authority to place reasonable conditions upon a property when considering certain land use approval requests, including variances. Conditions must be directly related to and roughly proportional to the impact created by the proposed development. Conditions related to this transaction are as follows: i.) Park dedication fee in the amount of $4,000 (in lieu of land dedication) must be paid prior to the resolution authoring the Lot Split is recorded by Dakota County or issuance of any building permit by the City. ii.) The applicant shall obtain a building permit prior to any excavation or construction of the new 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.) The applicant shall submit grading and utility plans and a dimensioned site plan with associated easements, subject to review and approval by the City Public Works Department as part of any building permit application. Res. 2020-83 Page 3 of 6 vi.) No disturbance shall occur within 25 feet of the edge of Marie Creek, besides installation of erosion control measures during construction, or installation of rain gardens and/or plantings and landscaping with city approvals. vii.) Any land disturbance activities shall be in compliance with the City's Land Disturbance Guidance document. viii.) Residential construction hours are 7:00 AM to 8:00 PM on weekdays, and 9:00 AM to 5:00 PM on weekends. These work hours shall be strictly adhered to by the Applicant/Owner and all contractors working on the property. ix.) 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. Adopted by the City Council of the City of Mendota Heights this 1st day of December, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: A 4*0 Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2020-83 Page 4 of 6 EXHIBIT -A Legal Description PID# 27-81150-01-050 LOT 5, BLOCK 1, VALLEY CURVE ESTATES, DAKOTA COUNTY, MINNESOTA Torrens Property Res. 2020-83 Page 5 of 6 foRt,41,13 _ C- J LFc -ek f P.] 10 Oz -all / > W O._ a I L OO am OUd «woo n > war zyyp�fo d 1 1 az Cnn`` W v C— V O �— +, -- O 0 Oua CCo a u aft€ E R 5 CO W N _o i_v kYl obF b'^`o�d 5» •_E oll �EuO p ¢ 5 c4 > Wtl's r` lsig ➢:IF garA� �od��cDrxo5e a II tl Z C� �W.� J �� i9t� �� "4.11{. � E I C) b - i • WI Z d�'a X�.,., u "ao O[C W CL CL CL�/¢� Z\\EF'eP.-'°�A Uz`u mo -J VIt C- J LFc -ek f P.] 10 Oz -all / > W O._ a I L OO am OUd «woo n > war zyyp�fo d 1 1 az Cnn`` W v C— V O �— +, -- O 0 Oua C- J LFc -ek f P.] 10 Oz -all / > W O._ a I L OO am OUd «woo n > war zyyp�fo d 1 1 az Page 1 of 9PDF.js viewer 2/17/2021https://lmrs.co.dakota.mn.us/WEB/PDFJS/web/viewer.html?file=../../controls/viewImage.a... 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