Res 2022- 13 Variance 693 Mulberry Lane CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,MINNESOTA
RESOLUTION 2022-13
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 693 MULBERRY LANE
(PLANNING CASE NO. 2022-01)
WHEREAS, Elle Mason(the"Applicant") requests a Variance for the property located at
693 Mulberry Lane (the"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 Applicant seeks a Variance to City Code Section 12-1D-3.C.La, which
regulates the number of accessory structures permitted in a residential district, whereby the
Applicant is seeking permission or allowance to keep a newly constructed 20' x 24' (480-sq. ft.)
attached garage with an existing 720-sq. ft. detached garage, situated in the R-1 One Family
Residential district; 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 January 25, 2022, the Planning Commission held a public hearing on
Planning Case No. 2022-01, whereby a planning report was presented and received by the
commission, comments from the Applicant and public were allowed, and the Planning
Commission recommended favorably(6-1 vote)to approve the Variance requested under Planning
Case No. 2022-01 and for the Subject Property, with certain 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. 2022-01 and for the Subject Property, 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 newly converted attached garage is viewed 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 attached garage structure with the existing detached garage structure in the back
yard, and therefore the requested variance is considered a reasonable request.
ii.) unique circumstances related to this special variance case were created by irresponsible
and dishonest actions by others, and not the Applicant/Owners. The attached garage
structure is a desirable and reasonable feature on many other single-family homes
throughout a community; and this alternative to keeping an almost complete garage
addition along with the existing detached garage structure on the subject property is
reasonable and can only be accommodated by approval of this variance.
iii.)additional practical difficulties are recognized in this case due to the physical
characteristics and properties of the subject property, which makes the existing
detached garage difficult to access and use.
iv.)approving the Variance does not change the essential character of the neighborhood,as
this is a very modest addition and does not change the overall appearance or
development of the property. There appears to be other properties in this neighborhood
with similar attached/detached garage characteristics,so approving this variance should
not negatively impact or affect this neighborhood; and
v.) allowing this new garage addition and detached garage intact on the subject property
by means of this variance can be 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 693 Mulberry 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.
Res.2022-13 Page 2
E. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2022-01, dated and presented January 25, 2022 (on file with the City of Mendota Heights),
is hereby fully incorporated into Resolution No. 2022-13.
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 Applicant/Owner and/or their contractor(s) will ensure that all construction
work already completed and any additional work on the property will be approved
by a new building permit submitted to the city, with final approval and
authorization granted by the City Building Official and Community Development
Director.
2) The proposed garage space and 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) Should this variance be granted,the detached garage structure in the rear yard shall
be considered a non-conforming structure, and subject to the requirements and
standards of City Code Section 12-1D-1: Nonconforming Uses, Structures and
Land.
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 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. 2022-01 and for 693 Mulberry Lane is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 2"d day of February,2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Res,2022-13 Page 3
EXHIBIT-A
PROPERTY ADDRESS: 693 Mulberry Lane, Mendota Heights, Minnesota 55118
PID No. 27-38600-03-090
LEGAL DESCRIPTION:
Lots 9, Block 3, Jefferson Heights Addition, Dakota County, Minnesota, as corrected by
surveyor's certificate of correction, Document No. 1019600, recorded 12/24/1991.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res.2022-13 Page 4
3532476
Receipt:# 836804
VR $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 4/l/2022 9:02 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 )
L Lorri Smith, being the dull- appointed City- Clerk of the City- of Mendota Heights, do
hereb-,- certifi- that the attached Resolution 2022-13 Approve Variance for 693 Mulberry
Lane is an exact cop-,- of the resolution on file in m-,- office adopted by the Mendota Heights
City- Council.
Signed and sealed b-,- m-,- hand on this 1 st day- of April, 2022.
Lorri Smith_ City- Clerk
(SEAL)
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-13
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 693 MULBERRY LANE
(PLANNING CASE NO.2022-01)
WHEREAS, Elle Mason (the "Applicant") requests a Variance for the property located at
693 Mulberry Lane (the "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 Fancily Residential District; and
WHEREAS, the Applicant seeks a Variance to City Code Section 12-1D-3.C.La, which
regulates the number of accessory structures permitted in a residential district, whereby the
Applicant is seeking permission or allowance to keep a newly constructed 20' x 24' (480-sq. ft.)
attached garage with an existing 720-sq. ft. detached garage, situated in the R-1 One Family
Residential district; 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 January 25, 2022, the Planning Commission held a public hearing on
Planning Case No. 2022-01, whereby a planning report was presented and received by the
commission, comments from the Applicant and public were allowed, and the Planning
Commission recommended favorably (6-1 vote) to approve the Variance requested under Planning
Case No. 2022-01 and for the Subject Property, with certain 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. 2022-01 and for the Subject Property, 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."
R. 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 newly converted attached garage is viewed 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 attached garage structure with the existing detached garage structure in the back
yard, and therefore the requested variance is considered a reasonable request.
ii.) unique circumstances related to this special variance case were created by irresponsible
and dishonest actions by others, and not the Applicant/Owners. The attached garage
structure is a desirable and reasonable feature on many other single-family homes
throughout a community; and this alternative to keeping an almost complete garage
addition along with the existing detached garage structure on the subject property is
reasonable and can only be accommodated by approval of this variance.
iii.)additional practical difficulties are recognized in this case due to the physical
characteristics and properties of the subject property, which makes the existing
detached garage difficult to access and use.
iv.) approving the Variance does not change the essential character of the neighborhood, as
this is a very modest addition and does not change the overall appearance or
development of the property. There appears to be other properties in this neighborhood
with similar attached/detached garage characteristics, so approving this variance should
not negatively impact or affect this neighborhood; and
v.) allowing this new garage addition and detached garage intact on the subject property
by means of this variance can be 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 12-1 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 ef('ect of the Variance on
the danger of lire 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 693 Mulberry Lane only, and does not apply or give
precedential value to any other properties throughout the City. All variance applicants
must apply [or 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.
Res. 2022-13 Page 2
E. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2022-01, dated and presented January 25, 2022 (on file with the City of.11endota Heights),
is hereby fully incorporated into Resolution No. 2022-13.
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 Applicant/Owner and/or their contractor(s) will ensure that all construction
work already completed and any additional work on the property will be approved
by a new building permit submitted to the city. with final approval and
authorization granted by the City Building Official and Community Development
Director.
2) The proposed garage space and 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) Should this variance be granted, the detached garage structure in the rear yard shall
be considered a non -conforming structure, and subject to the requirements and
standards of City Code Section 12-1D-1: Nonconforming Uses, Structures and
Land.
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 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 larder Planning Case No. 2022-01 and for 693 Mulberry Lane is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 2n' day of February, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Res. 2022-13 Page 3
EXHIBIT -A
PROPERTY ADDRESS: 693 Mulberry Lane, Mendota Heights, Minnesota 55118
PID No. 27-38600-03-090
LEGAL DESCRIPTION:
Lots 9, Block 3, Jefferson Heights Addition, Dakota County, Minnesota, as corrected by
surveyor's certificate of correction, Document No. 1019600, recorded 12/24/1991.
(Abstract property)
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2022-13 Page 4