Res 2021- 47 Variance for 662 Ivy Falls CourtCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-47
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 662 IVY FALLS COURT
(PLANNING CASE NO.2021-05)
WHEREAS, Joe Opack, (the "Applicant") applied for a Variance on the property located
at 662 Ivy Falls Court(the "Subject Property"), legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2030 and
2040 Comprehensive Plans and is situated in the R-1 One Family Residential District; and
WHEREAS, per City Code Section 12-M-1.13., driveways are limited to twenty-five feet
(25') in total width at the property line; and
WHEREAS, the Applicant currently has a driveway 22-feet wide off Ivy Falls Court, and
is seeking a variance in order to install a new crescent shaped single -lane (12-11. wide) driveway
from adjacent Sylvandale Road, which with the two 12-11. wide openings, exceeds the 25-foot
width allowance by 21-feet; and
WHEREAS, Title 12-IL-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 May 25, 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. 2021-05 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 requested herein, by:
the request for the variance to allow the added driveway, and therefore the additional
driveway width, is deemed relatively minor in its overall scope and impacts, and can
be considered in harmony with the general purposes and intent of the ordinances; as
the Applicant proposes to use the property in a reasonable manner;
ii.) the existing conditions of the property and placement of the home, which was not
created by the current homeowner, presents a case of a practical difficulties and
unique situation to the homeowner wishing to provide an additional driveway and
off-street parking area for the residential property, and said driveway improvement
will be more convenient to the homeowner and future owners of the property;
iii.)the requested variance are considered a reasonable request and the impacts caused by
the increased driveway widths will not negatively affect the adjacent or neighboring
properties;
iv.) approving this variance would 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;
v.) approving the variance preserves the residential character of the neighborhood, and
provides a reasonable amount of investment into a property to enhance its overall use
and enjoyment by the owner; and
vi.) the new driveway/parking area 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-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 662 Ivy Falls Court 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.
2021-05, dated and presented May 25, 2021 (on file with the City of Mendota Heights), is
hereby fully incorporated into Resolution No. 2021-47.
Resolution No. 2021-47 Pa9e 2
F. The City has the authority to place reasonable conditions upon the property subject to this
variance request, and said conditions. must be directly related to and roughly proportional
to the impact created by the vaziance. Conditions of approval as related to this transaction
aze as follows:
1. A driveway permit shall be obtained prior to any installation or construction of the
new driveway.
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. Full erosion and sedimentation measures will be
put in place prior to and during grading and construction work activities.
3. The Applicant must provide an effective screen of the driveway from Sylvandale
Road with landscaping consisting of native and pollinator friendly plantings.
4. 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 permit for construction and installation of the
proposed driveway addition within one (1) year from said approval date.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
application for the property located at 662 Ivy Falls Court, as proposed under Planning CaseNo.
2021-OS is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 1st day of June, 2021.
CTTY COUNCIL
CITY OF MENDOTA FIEIGHTS
Stelilianie Levine, Mayor
Lorri Smith, City Clerk
Resolution No. 2021-47 Page 3
EXHIBIT -A
PROPERTY ADDRESS: 662 Ivy Falls Court
Mendota Heights, Minnesota 55118
PID No.27-37601-01-100
LEGAL DESCRIPTION: Lot 10, Block 1, IVY FALLS 2No ADDITION, Dakota County,
Minnesota.
(Torrens property; Certificate No. 181105; date 03/22/2021)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Resolution No. 2021-47 Page 4
Receipt:# 778388 846148
VR $46.00 1 IIIIII IIIII 1111111111 II111
Return to: I IIIIII IIIII 1111111111 II11111111 IIII IIII
SIMPLIFILE
5072 NORTH 300 w Recorded on: 6/30/2021 11:00 AM
By: CZP, Deputy
PROVO UT84604 Cert # 181105
Office of the Registrar of Titles
Dakota County, Minnesota
Amy A. Koethe, Registrar of Titles
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 2021-47 Approve Variance for 662
Ivy Falls Court 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 29" day of June, 2021.
?:
Lorri Smith, City Clerk
(SEAL)
3:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-47
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 662 IVY FALLS COURT
(PLANNING CASE NO. 202I -05)
WHEREAS, Joe Opack, (the "Applicant") applied for a Variance on the property located
at 662 Ivy Falls Court(the "Subject Property"), legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR-Law Density Residential in the 2030 and
2040 Comprehensive Plans and is situated in the R-1 One Family Residential District; and
WHEREAS, per City Code Section 124E-1.13., driveways are limited to twenty-five feet
(25') in total width at the property line; and
WHEREAS, the Applicant currently has a driveway 22-feet wide off Ivy Falls Court, and
is seeking a variance in order to install a new crescent shaped single -lane (I 2-ft. wide) driveway
from adjacent Sylvandale Road, which with the two 12-ft. wide openings, exceeds the 25-foot
width allowance by 21-feet; 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 May 25, 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. 2021-05 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 requested herein, by:
i.) the request for the variance to allow the added driveway, and therefore the additional
driveway width, is deemed relatively minor in its overall scope and impacts, and can
be considered in harmony with the general purposes and intent of the ordinances; as
the Applicant proposes to use the property in a reasonable manner;
ii.) the existing conditions of the property and placement of the home, which was not
created by the current homeowner, presents a case of a practical difficulties and
unique situation to the homeowner wishing to provide an additional driveway and
off-street parking area for the residential property, and said driveway improvement
will be more convenient to the homeowner and future owners of the property;
iii.)the requested variance are considered a reasonable request and the impacts caused by
the increased driveway widths will not negatively affect the adjacent or neighboring
properties;
iv.) approving this variance would 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;
v.) approving the variance preserves the residential character of the neighborhood, and
provides a reasonable amount of investment into a property to enhance its overall use
and enjoyment by the owner; and
vi.) the new driveway/parking area 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 12-1 L-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 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 662 Ivy Falls Court 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.
2021-05, dated and presented May 25, 2021 (on file with the City of Mendota Heights), is
hereby fully incorporated into Resolution No. 2021-47.
Resolution No. 2021-47 Page 2
F. The City has the authority to place reasonable conditions upon the property subject to this
variance request, and said conditions must be directly related to and roughly proportional
to the impact created by the variance. Conditions of approval as related to this transaction
are as follows:
A driveway permit shall be obtained prior to any installation or construction of the
new driveway.
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. Full erosion and sedimentation measures will be
put in place prior to and during grading and construction work activities.
3. The Applicant must provide an effective screen of the driveway from. Sylvandale
Road with landscaping consisting of native and pollinator friendly plantings.
4. 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 penlut for construction and installation of the
proposed driveway addition within one (1) year from said approval date.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
application for the property located at 662 Ivy falls Court; as proposed under Planning Case No.
2021-05 is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 1st day of June, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Step an a Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Resolution No. 2021-47 Page 3
1011411139W.-I
PROPERTY ADDRESS: 662 Ivy Falls Court
Mendota Heights, Minnesota 55118
PID No. 27-37601-01-100
LEGAL DESCRIPTION: Lot 10, Block 1, IVY FALLS 22ND ADDITION, Dakota County,
Minnesota.
(Torrens property; Certificate No. 181105; date 03/22/2021)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Resolution No. 2021-47 Page 4