Res 2021- 35 Approve Variance 573 Hiawatha AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-35
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 573 HIAWATHA AVENUE
(PLANNING CASE NO.2021-01)
WHEREAS, Dale Krystosek, (the "Applicant") applied for a Variance on the property
located at 573 Hiawatha Avenue (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 situated in the R-1
One Family Residential District; and
WHEREAS, per City Code 12-1D-3, accessory structures such as garages must be set back
a minimum of 10-feet from any side or rear property boundary lines; and
WHEREAS, the Applicant is seeking a variance to construct a new 24' x 26' (624-s£)
detached garage structure on the subject property, but maintain previously established setbacks of
1.88 to 1.94 feet from the southerly or side lot line and 3.44 to 3.90 feet from the northerly or rear
lot line, as proposed under Planning Case No. 2021-01; 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 Apri127, 2021, 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. 2021-01 is hereby approved, with the following findings of
fact:
A. Under Title 12-1 L-SA of the City Code, the Council may grant variances from the strict
application ofthe provisions ofthe 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 setbacks by the following
supporting statements:
i.) the proposed 624-sq. ft. detached garage to the existing property 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 variance to allow the reduced setbacks on the structure, and therefore the
requested variance is considered a reasonable request.
ii.) the subject property was originally platted in 1924 and developed in 1940,
creating some unique circumstances not created by the owner today, particularly
with the placement of the existing garage, which in turn generated some unique
circumstances, difficulties or impediments to the Applicant fox replacing and
adding a reasonable garage structure to the property 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
should not be affected by the approval of this variance; and
iv.) This new garage with variances is considered in harmony with the general
purpose of the zoning ordinance and consistent with the current and proposed
land use plans, goals and policy statements contained in the 2030 and 2040
Comprehensive Plans of the community.
C. The City has considered the factors required by Title 12-1L-S.E.1 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 573 Hiawatha Avenue 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. 2021-01, dated and presented Apri127, 2021 (and on file with the City of Mendota
Heights), is hereby fully incorporated into this Resolution No. 2021-35.
F. The City has the authority to place reasonable conditions upon the property subject to
this 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:
Res 2021-35 P09e 2
1) The new detached garage must match the architecture and design of the existing
residential dwelling on the subject property.
2) The proposed garage addition and all other proposed improvements shall be
constructed in compliance with all applicable City Code and State of Minnesota
Building Code standards.
3) The applicant shall obtain a building permit prior to any excavation or construction
of the new garage addition.
4) All grading and construction activity will be incompliance with applicable federal,
state, and local regulations and codes, as well as in compliance with the City's Land
Disturbance Guidance Document. Full erosion and sedimentation measures will be
put in place prior to and during grading and construction work activities.
5) 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 573 Hiawatha Avenue, as proposed under Planning Case
No. 2021-01 is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 4th day of May, 2021.
CITY COUNCIL
CITY OF M NDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2021-35 Page 3
PROPERTY ADDRESS:
PID No. 27-17100-01-190
Deed Document No. 3184339
EXHIBIT -A
573 Hiawatha Avenue
Mendota Heights, Minnesota 55118
LEGAL DESCRIPTION:
Lots 17 and 18, Block 1, Cherokee Park Heights,
Cherokee Park Heights, Dakota County, Minnesota.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
and the Easterly 10 feet of Lot 19, Block 1,
Res 2021-35 Poge 4
Receipt:# 764535 3460864
VR $46.00 111111111111111111
Return to: I IIIIII IIIII 111111111111111 IIIII 111111111 IIII
SIMPLIFILE
5072 NORTH 300 w Recorded on: 5/10/2021 2:36 PM
By: CZP, Deputy
PROVO UT84604 Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
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 2021-35 Approving a Variance for 573
Hiawatha Avenue 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 12" day of January, 2021.
Lorri Smith, City Clerk
(SEAL)
3:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-35
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 573 HIAWATHA AVENUE
(PLANNING CASE NO.2021-01)
WHEREAS, Dale Krystosek, (the "Applicant") applied for a Variance on the property
located at 573 Hiawatha Avenue (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 situated in the R-1 One Family Residential District; and
WHEREAS, per City Code 12-1D-3, accessory structures such as garages must be set back
a minimum of 10-feet from any side or rear property boundary lines; and
WHEREAS, the Applicant is seeking a variance to construct a new 24' x 26' (624-sf.)
detached garage structure on the subject property, but maintain previously established setbacks of
1.88 to 1.94 feet from the southerly or side lot line and 3.44 to 3.90 feet from the northerly or rear
lot line, as proposed under Planning Case No. 2021-01; 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 April 27, 2021, 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. 2021-01 is hereby approved, with the following findings of
fact:
A. Under Title 12-1 L-5A of the City Code, the Council may 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 setbacks by the following
supporting statements:
i.) the proposed 624-sq. ft. detached garage to the existing property 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 variance to allow the reduced setbacks on the structure, and therefore the
requested variance is considered a reasonable request.
ii.) the subject property was originally platted in 1924 and developed in 1940,
creating some unique circumstances not created by the owner today, particularly
with the placement of the existing garage, which in tuni generated some unique
circumstances, difficulties or impediments to the Applicant for replacing and
adding a reasonable garage structure to the property 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
should not be affected by the approval of this variance; and
iv.) This new garage with variances is considered in harmony with the general
purpose of the zoning ordinance and consistent with the current and proposed
land use plans, goals and policy statements contained in the 2030 and 2040
Comprehensive Plans of the community.
C. The City has considered the factors required by Title 12-1L-5.E.1 of the City Code,
including but not limited to the effect of the Variance upon the health, safety, and
welfare of the commmunity, 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
detennined 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 573 Hiawatha Avenue 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. 2021-01, dated and presented April 27, 2021 (and on file with the City of Mendota
Heights), is hereby fully incorporated into this Resolution No. 2021-35.
F. The City has the authority to place reasonable conditions upon the property subject to
this 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:
Res 2021-35 Page 2
1) The new detached garage must match the architecture and design of the existing
residential dwelling on the subject property.
2) The proposed garage addition and all other proposed improvements shall be
constructed in compliance with all applicable City Code and State of Minnesota
Building Code standards.
3) The applicant shall obtain a building permit prior to any excavation or construction
of the new garage addition.
4) 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. Full erosion and sedimentation measures will be
put in place prior to and during grading and construction work activities.
5) 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 573 Hiawatha Avenue, as proposed under Planning Case
No. 2021-01 is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 4th day of May, 2021.
CITY COUNCIL
CITY OF M NDOTA HEIGHTS
44
Stephanie tevine, Mayor
Res 202I-35 Page 3
EXHIBIT -A
PROPERTY ADDRESS: 573 Hiawatha Avenue
Mendota Heights, Minnesota 55118
PID No. 27-17100-01-190
Deed. Document No. 3184339
LEGAL DESCRIPTION:
Lots 17 and 18, Block 1, Cherokee Park Heights, and the Easterly 10 feet of Lot 19, Block 1,
Cherokee Park Heights, Dakota. County, Minnesota.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res 2021-35 Page 4