Res 2021- 65 Variance and CUP 650 Brookside LaneCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-65
RESOLUTION APPROVING A VARIANCE AND CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT 650 BROOKSIDE LANE
(PLANNING CASE NO.202140)
WHEREAS, Gerald and Yelena Ziebol ("Applicant") applied for a Variance and a
Conditional Use Permit for the property located at 650 Brookside Lane ("Subject Property"),
legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan and is situated in the R-1 One Family Residential District; and
WHEREAS, the Subject Property's existing single-family dwelling, due primarily to its
build date and pre-existing development on the property, does not meet current R-1 District setback
standards, and is therefore deemed a legal, nonconforming property, per City Code 12-1D-1; and
WHEREAS, the Applicant seeks a variance to construct a new living addition to the
existing nonconforming structure on the subject property, which does not increase or add to any
of the reduced setbacks created by the existing residential structure; and Applicant seeks approval
to construct a new 5' x 10' covered unenclosed porch to the front, which will encroach five feet
(5') into the front -yard setback, which is allowed per the standards and approvals granted under
City Code Section 12-lD-4; 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, Title 12-11,-6 of the City Code (Conditional Uses) allows for the Council to
grant conditional use permits for certain uses or improvements subject to the provisions of the City
Code, and impose conditions and safeguards with said permits if so needed or granted: and
WHEREAS, on July 27, 2021, the Planning Commission held an initial public hearing on
this item, whereby a planning report was presented and received by the commission, and comments
from the Applicant and public were allowed, and this item was tabled to the August 9, 2021 Special
Planning Commission meeting; and
WHEREAS, on August 9, 2021, the Planning Commission re -opened the hearing, and
whereupon closing the hearing and follow-up discussion on this item with staff and the Applicant,
the Planning Commission recommended unanimously (6-0 vote) to approve the Variance and
Conditional Use Permit with specific conditions and findings -of -fact as noted in this resolution.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
recommendation from the Planning Commission is hereby affirmed, and the Variance and
Conditional Use Permit requested under Planning Case No. 2021-10, is hereby approved, with the
following findings of fact:
A. Under Title 12-1L-SA 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 1,550-sq. ft., single -floor addition 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 built in 1927, creating some unique circumstances
not created by the owner today, particularly with the placement of the existing home
with reduced setbacks from the adjacent road ROW's, which in turn generate some
unique circumstances, difficulties or impediments to the Applicant for making a
reasonable residential living space addition to an existing nonconforming structure,
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 addition authorized by this variance 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-I1,-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 impact or pose any negative threats upon the neighborhood or the community in
general.
Mendota Heights Res. 2021-65 Page 2
D. Approval of the Variance is for 650 Brookside Lane 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. Pursuant to City Code 12-1D-4: Yards and Open Spaces, a covered entryways or porch
may extend into the front yard setback with approval granted by means of a conditional
use permit, subject to compliance with the following conditions:
i.) such structure may not extend into the front or side yard more than 5-feet;
ii.) such structure shall be limited in size to fifty (50) square feet; and
iii.) such structure may not extend above the height of the ground floor level of the
principal building; and
the City hereby determines this new porch entryway as proposed under this application
meets these parameters set by this section, and therefore can be approved.
F. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2021-10, dated and presented July 27, 2021 and August 9, 2021 (on file with the City of
Mendota Heights), is hereby fully incorporated into this Resolution No. 2021-65.
G. The City has the authority to place reasonable conditions upon the property subject to this
land use request. Conditions must be directly related to and roughly proportional to the
impact created by the variance and conditional use permit; and the conditions related to
this transaction are as follows:
1) The new addition must match the architectural plans and designs presented in this
variance request on the subject property.
2) The proposed residential addition and all other related 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 addition and/or porch improvement.
4) All grading and construction activity will be in compliance with applicable federal,
state, and local regulations and codes, as well as incompliance 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 (1) year from said approval date.
Mendota Heights Res. 2021-65 Page 3
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
and Conditional Use Permit applications for the property located at 650 Brookside Lane, as
proposed under Planning Case No. 2021 A 0 is hereby approved.
Adopted by the City Council of the City of Mendota Heights this I i day of August, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie fevine, Mayor
ATTEST:
Lorri Smith, City Clerk
Mendota Heights Res. 2021-65 Page 4
EXHIBIT -A
PROPERTY ADDRESS: 650 Brookside Lane
Mendota Heights, Minnesota 55118
PID No. 27-69702-06-040
LEGAL DESCRIPTION:
Lots 6 and 7, Block 6, T.T. Smith's Subdivision No. 3, Dakota County, Minnesota.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Mendota Heights Res. 2021-65 PageS