Res 2022- 60 Variance Garage 1057 Esther LaneReceipt:# 858371 865609
VR $46.00 111111111111111
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5072 NORTH 300 w Recorded on: 8/17/2022 12:54 PM
By: CAC, Deputy
PROVO UT84604 Cert # 176634
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, Christine Lusian, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2022-60 RESOLUTION APPROVING A
VARIANCE FOR PROPERTY LOCATED AT 1057 ESTHER LANE [PLANNING
CASE NO. 2022-13] is an exact copy of the resolution on file in my office adopted by the
Mendota Heights City Council on August 16, 2022.
Signed and sealed by my hand on this 16 day of August 2022
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-60
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 1057 ESTHER LANE
[PLANNING CASE NO.2022-13]
WHEREAS, Tim & Megan Altier (the "Applicants/Owners") requesting approval of a
variance to encroach approximately 3.3-ft. into the 10-ft. side yard setback for a new attached
garage addition to an existing single-family dwelling, located at 1057 Esther 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 Subject Property's existing single-family dwelling, due primarily to its
build date and pre-existing development on the property, does not meet certain 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 302-sq. ft. addition to an
existing 374-sq. ft. single -car attached garage structure on the subject property, which would result
in a reduced setback of 6.7-ft. from the northerly side -yard lot line; and
WHEREAS, Title 12-1L-5: Variances of the Mendota Heights City Code allows for the
City 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 July 26, 2022, the Mendota Heights 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. 2022-13 and for 1057 Esther Lane, with specific finding -of -fact to support said
approval and with related conditions of approval 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. 2022-13 and for 1057 Esther Lane, is hereby approved along 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 for a reduced setback by the following:
i.) the proposed matching and small-scale addition to the attached garage and the
existing home 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 allowance of the variance, and therefore the
requested variance is considered a reasonable request;
ii.) the subject property was originally platted in 1944, creating a uniquely shaped style
lot, which was later developed in 1956; and due to the original alignment and layout
of the dwelling structure on the subject lot with varying setbacks, this design created
some unique circumstances, difficulties or impediments for the Owners to add a
reasonable addition, especially along this north side of the home, 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 will not be affected
by the approval of this variance; and
iv.) this new addition and request for variance is considered in harmony with the general
purpose of the zoning ordinance and consistent with the current and proposed land
use and housing goals and policies as contained in the 2040 Comprehensive Plan for
the community.
C. The City has considered the factors required by Title 12-1L-5E.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 this variance is for 1057 Esther Lane only, and does not apply or give
precedential value to any other properties throughout the city. All applicants for a variance
must apply for and provide a project narrative to the city to justify a variance; and 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.
2022-13, dated and presented July 26, 2022 (on file with the City of Mendota Heights), is
hereby fully incorporated into this Resolution No. 2022-60.
F. The City has the authority to place reasonable conditions upon the property subject to his
variance request. Conditions must be directly related to and roughly proportional to the
impact created by the variance, and are noted as follows:
i.) The proposed encroachment for the addition shall not extend further than 3.3 feet into
the required 10-foot side -yard setback, as illustrated on the survey and site plan
included in the application submittal (Planning Case File No. 2022-13).
ii.) The new garage addition, including the roofline, will match the overall architecture
and design of the existing residential dwelling.
iii.) Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
iv.) 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.
v.) 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-year from said approval date.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
requested under Planning Case No. 2022-13 and for 1057 Esther Avenue is hereby approved.
Adopted by the City Council of the City of Mendota Heights this P day of August, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
May r Ste hanie Levine
ATTEST
Christine Lughn, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
EXHIBIT -A
PROPERTY ADDRESS: 1057 Esther Lane, Mendota Heights, Minnesota 55118
PID No. 27-42100-05-011
LEGAL DESCRIPTION:
LEGAL DESCRIPTION
Lot I, Block 5, KIRCH-NER-ADD., Dakota County, Minnesota;
EXCEPT that part of Lot I, Block 5, KIRCHNER ADD., described as follows: Beginning at the
northwest corner of -said Lot 13; thence N64046'48"E a distance of 58.59 feet; thence
S78059'09"E a distance of 19.90 feet to said northerly line of Lot 13; thence- S73044'15"W,
along said northerly line of Lot 13, a distance of 75.56 feet to the point of beginning.
ALSO that part of Lot 13, Block 5, KIRCHNER ADD., described as follows: Beginning at a paint
on the northerly line of said Lot 13, said point being 75.56 feet northeasterly of the northwest
corner of said Lot 13, (the northerly line of said Lot 13, has an assumed bearing of
N73044'15"E); thence continuing on the North line of said Lot 13 N73044'15"E a distance of
43.33 feet to the easterly line of said Lot 13, said line also being the westerly line of Esther
Lane; thence deflecting to the left, along said easterly line of Lot 13, on a non —tangential
curve concave to the southeast, having a radius of 230.00 feet, a delta angle of 04°59'02",
chord of 20.00 feet, a chord bearing of S17052'55"W and a length of 20.01 feet to a point
that is S78°59'09"E of the point of beginning; thence N78°59'09"W a distance of 36.12 feet
the point of beginning.
(Torrens Property / Certificate No. 176634 / Certificate Date 09/26/2019 )
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
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