Res 2020- 41 Prelim Plat MOEHN ADDN with Variance-1770 Dodd RoadCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-41
RESOLUTION APPROVING A PRELIMINARY PLAT (SUBDIVISION)
OF MOEHN ADDITION WITH A VARIANCE
LOCATED AT 1770 DODD ROAD
(PLANNING CASE NO. 202040)
WHEREAS, under Planning Case No. 2020-10, Fred and Beverly Peterson (the
"Applicant") applied for a new preliminary plat (subdivision) of lands to be titled "Moehn
Addition", for the property located at 1770 Dodd Road (the "Subject Property"), and which is
legally described in attached Exhibit A: and
WHEREAS,
the Subject
Property
is guided LR-Low Density Residential in the current
2030 Comprehensive
Plan and is
located in the R-I One Family Residential District; and
WHEREAS, Title I1-1-1 of the City Code (Subdivision Regulations) allows the
subdivision of parcels, provided that the resulting lots are compliant with the requirements of the
applicable zoning district; and
WHEREAS, the Applicant requests to subdivide the Subject Property into three (3) new
parcels legally described and illustrated on the proposed preliminary plat titled "Moehn Addition"
and which is attached as Exhibit B; and
WHEREAS, the Applicant also requests a Variance to City Code Section 11-3-2.D, which
would allow two of the three new lots to have no direct frontage on a public roadway system; 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 June 23, 2020, the Mendota Heights Planning Commission held a public
hearing on this matter at their regular meeting, and whereupon closing the hearing and follow-up
Res 2020-41 Page 1
discussion on this item, the Planning Commission recommended denial of the requested
preliminary plat and variance (by 5-1 vote), with certain findings -of --fact supporting this
recommendation.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
recommendation of denial by the Mendota Heights Planning Commission regarding the proposed
Preliminary Plat of Moehn Addition, along with the related Variance to allow two of the three lots
to have no direct frontage on a public roadway system, is hereby reversed, and said preliminary
plat and its related variance can be approved based on the following findings -of --fact:
A. The proposed plat generally meets the purpose and intent of the Zoning and
Subdivision Codes of the City.
B. With the exception of the public roadway frontage requirements fox lots, the
proposed lots and other improvements in this subdivision are generally consistent
with all applicable Zoning Code and Subdivision Code requirements of City Code.
C. The proposed plat request meets the purpose and intent of the City Code and is
consistent with the Comprehensive Plan.
D. The proposed lots will generally meet the minimum standards required under the
R-1 One Pamily Residential District.
E. Under Title 12-1L-S.A ofthe 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 athree-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."
The Applicant has met the burden of demonstrating the requisite "practical
difficulties" in order to justify the granting of the Variance to allowing new lots to
be platted without required public roadway frontage, by:
i.) With the exception of the two lots unable to meet the required public
roadway frontage requirement, the proposed subdivision request can still be
considered consistent with all other applicable Zoning Code requirements;
and therefore the requested variance can be considered a reasonable request.
ii.) The neighboring Pine Creek Estate's plat layout with flag -lot configurations
was approved in 1991-1992, which plat was also approved under a
Covenant to Construct Joint Driveway agreement, in which said document
may have provided for some assumed allowances to the Applicants to
Res 2020-41 Pa9e 2
develop their lands in a similar fashion in the future, thereby establishing an
argument for justifiable precedent and support of this variance to provide
additional flag lots in this area; all of which provide some unique
circumstances to granting such a variance.
iii.) Approving this Variance does not change the essential character of the
neighborhood, as the neighboring properties and residential neighborhood
area will not be affected or negatively impacted by addition of two (or three)
new homes in this neighborhood; and
iv.) This new plat and related 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.
G. The City has considered the factors required by Title 12-1 L-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 needed for this Plat will not affect or pose any negative
impacts upon the neighborhood or the community in general.
H. Approval of the Variance is for 1770 Dodd Road only, and does not apply or give
precedential value to any other requested (future) plats or properties throughout the
City. All variances must include a project narrative and reasonable justification to
the City to approve a variance. All variance requests must be reviewed
independently by city staff and legal counsel under the requirements of the City
Code.
L The factual findings and analysis found in the Planning Staff Report for Planning
Case No. 2020-10, dated and presented June 23, 2020 (on file with the City of
Mendota Heights), is hereby fully incorporated into Resolution No. 2020-38.
BE IT FURTHER RESOLVED by the Mendota Heights City Council that the
Preliminary Plat of Moehn Addition, along with the related Variance, as proposed under Planning
Case No. 2020-10 and for the property located at 1770 Dodd Road, is hereby approved with the
following conditions:
I . Park dedication fee in the amount of $4,000.00 for each lot (Lot 2 and 3 only) shall
be paid prior to the final plat recorded by Dakota County or issuance of any new
building permits by the City.
2. Final layouts and setbacks for each lot must meet current R-1 One Family
Residential district standards and shall be approved under separate building permits
for each lot.
Res 2020-41 Page 3
No unauthorized development, grading, removal or construction activity will be
allowed in the 25-foot wetland buffer shown on Lot 3 of the plat.
4. All new stormwater management, construction and grading activities for these lots
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.
5. The wetland line on the plat should use the official delineated boundary Wetland
Delineation Report from Soil Investigations and Design, Inc., dated May 13, 2020.
6. A
wetlands permit must be obtained prior
to any proposed
development activities
or
new home permit activities on Lot 3.
The Applicant and/or future developers) must widen the private driveway to at
least sixteen feet (16') in total width; each new home on Lots 2 and 3 of this
subdivision will require an automatic water sprinkler system; provide aturn-around
on the driveway to accommodate fire truck movements; and install an additional
(new) fire hydrant near the end of the private driveway.
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 or future developer and/or contractors working on the subject properties.
9. Developer's Agreement will be executed between Applicant and the City detailing
the responsibilities of current and/or future parties involved with the development
of the platted area, including (but not limited to) a detailed description of the private
driveway improvements, municipal utility installations, landscaping, stormwater
management, erosion control, and new dwelling and driveway placements.
10. The Applicant's new Lot 1, Block 1 of Moehn Addition shall remain as presented
under this plat, and shall not be subdivided in the future.
Adopted by the City Council of the City of Mendota Heights this 21 st day of July, 2020
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
� ��
ATTEST:
Lorri Smith, City Clerk
Res 2020-41 Page 4
EXHIBIT A
ADDRESS: 1770 Dodd Road, Mendota Heights, MN 55118
PID No.: 27-03800-49-010 and 27-57620-00-010
That part of the following described property: All that part of Lot 49, Auditor's Subdivision No. 3,
Mendota, according to the plat thereof on file and of record in the office of the Register of Deeds
in and for Dakota County, Minnesota, described as follows, to -wit: Commencing at a point on the
Easterly line of Jefferson Highway 145.8 feet Southwesterly from the Northwest corner of said Lot
49; thence running East parallel with the North line of said Lot 49, a distance of 310 feet; thence
South at right angles with said last described line, a distance of 40 feet; thence East parallel with
the North line of said Lot 49, 500.94 feet; thence South at right angles with said last described
line a distance of 90.3 feet; thence West parallel to the North line of said Lot 49, 865.2 feet to a
point on the Easterly line of Jefferson Highway; thence Northeasterly along the Easterly line of
Jefferson Highway to the point of beginning, including any portion of any street or alley adjacent
thereto, vacated or to be vacated.
And OUTLOT A, PINE CREEK ESTATES, according to the record plat thereof, Dakota County,
Minnesota.
Abstract Property
Drafted by: City of Mendota Heights
I101 Victoria Curve
Mendota Heights, MN 55118
Res 2020-41 Page 5
EXHIBIT B
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Res 2020-38 Page 6