Res 2021- 71 Variance 684 3rd Ave CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-71
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 684—3rd AVENUE
(PLANNING CASE NO. 2021-15)
WHEREAS,Zachary Robinson("Applicant")requests a Variance for the property located
at 684—3rd Avenue ("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 two new additions to an existing
nonconfonning residential structure on the subject property, the first addition being a new 22' x
30' two-car attached garage with an above living space that will sit six-inches (6")to one foot(P)
from the side-lot line, and the second addition being a 6' x 33' front porch with a reduced front-
yard setback from 29.4-ft. to 23.4 feet; and
WHEREAS, the new additions noted herein may be allowed per the standards and
approvals granted under City Code Section 12-1D-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, on August 24, 2021 the Planning Commission held a public hearing on this
planning case item,whereby a planning report was presented and received by the commission, and
comments from the Applicant and public were allowed, and the Planning Commission
recommended unanimously(5-0 vote)to approve the Variance requested under Planning Case No.
2021-15 and for 684-3rd Avenue, with 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 requested
15 and for 684-3rd Avenue, is hereby approved,with the following
under Planning Case No. 2021
findings of fact:
A. Under Title 12-IL-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 garage and living space 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 1952,creating some unique circumstances
not created by the owner today,particularly with the placement of the existing home
and garage 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 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 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.
D. Approval of the Variance is for 684 — 3rd 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.
2021-15, dated and presented August 24, 2021 (on file with the City of Mendota Heights),
is hereby fully incorporated into Resolution No. 2021-71.
Res.2021-71 Page 2
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:
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 constriction 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 treasures 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.
BE IT FURTHER RESOLVED,by the Mendota Heights City Council that the Variance
requested under Planning Case No. 2021-15 and for 684-3rd Avenue is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 9th day of September,
2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
t
Ste hanie Levine,Mayor
ATTEST•
Lorri Smith, City Clerk
Res.2021--71 Page 3
EXHIBIT-A
PROPERTY ADDRESS: 684--3`1 Avenue, Mendota Heights, Minnesota 55118
PID No. 27-69703-05-060
LEGAL DESCRIPTION:
Lots 6, Block 5, T.T. Smith's Subdivision No. 4, Dakota County, Minnesota.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res,2021-71 Page 4
3492175
Receipt:# 797186
VR $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 9/17/2021 10:08 AM
By: AS, Deputy
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- 71 Approve Variance for 684 3rd
Avenue, Applicant Zach Robinson 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 16th day of September, 2021.
Lorri Smith City Clerk
(SEAL)
3:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-71
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 684 — 3rd AVENUE
(PLANNING CASE NO.2021-15)
WHEREAS, Zachary Robinson ("Applicant") requests a Variance for the property located
at 684 — 3rd Avenue ("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 two new additions to an existing
nonconfonning residential structure on the subject property, the first addition being a new 22' x
30' two -car attached garage with an above living space that will sit six -inches (6") to one foot (P)
from the side -lot line, and the second addition being a 6' x 33' front porch with a reduced front -
yard setback from 29.4-ft. to 23.4 feet; and
WHEREAS, the new additions noted herein may be allowed per the standards and
approvals granted under City Code Section 12-1D-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, on August 24, 2021 the Planning Commission held a public hearing on this
planning case item, whereby a planning report was presented and received by the commission, and
comments from the Applicant and public were allowed, and the Planning Commission
recommended unanimously (5-0 vote) to approve the Variance requested under Planning Case No.
2021-15 and for 684_3rd Avenue, with 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 requested
under Planning Case No. 2021-15 and for 684_3' Avenue, is hereby approved, with the following
findings of fact:
A. Under Title 12-IL-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 garage and living space 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 1952, creating some unique circumstances
not created by the owner today, particularly with the placement of the existing home
and garage 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 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 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.
D. Approval of the Variance is for 684 — 3rd 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.
2021-15, dated and presented August 24, 2021 (on file with the City of Mendota Heights),
is hereby fully incorporated into Resolution No. 2021-71.
Res. 2021-71 Page 2
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:
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 constriction 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 treasures 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.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
requested under Planning Case No. 2021-15 and for 684-3rd Avenue is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 9th day of September,
2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
t
Ste hanie Levine, ayor
ATTEST•
4�
Lorri Smith, City Clerk
Res. 2021--71 Page 3
EXHIBIT -A
PROPERTY ADDRESS: 684 -- 3`1 Avenue, Mendota Heights, Mimiesota 55118
PID No. 27-69703-05-060
LEGAL DESCRIPTION:
Lots 6, Block 5, T.T. Smith's Subdivision No. 4, Dakota County, Minnesota.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2021-71 Page 4