Res 2023-44 Variance Lot Line 3 - 5 Dorset RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-44
RESOLUTION APPROVING A VARIANCE AND LOT LINE ADJUSTMENT AT
5 DORSET AND 3 DORSET ROAD
[PLANNING CASE NO.2023-071
WHEREAS, Jackie Douda, the Owner of 5 Dorset Road, and Tim and Mary Kirby the
Owners of 3 Dorset Road made an Application for a Variance and a Lot Line Adjustment as
proposed under Planning Case No. 2023-07, for property as legally described in Exhibit A; and
WHEREAS, the subject property is guided Low Density Residential in the 2040
Comprehensive Plan, situated in the R-1 One Family Residential District; and
WHEREAS, Title 11-1-SC of the City Code (Subdivision Ordinance) allows the
subdivision of parcels, provided that the resulting lots are compliant with the requirements of the
applicable zoning district and further stipulates any deviation from this ordinance requires a
variance; and
WHEREAS, the Applicants propose a lot line adjustment of the shared side -yard property
line between 5 Dorset and 3 Dorset Road, and the lots resulting after the adjustment are described
and illustrated on attachment Exhibit B; and
WHEREAS, the lot line adjustment will reduce the lot width (frontage) on 5 Dorset Road
to approximately 854feet which requires a variance from the minimum lot width standards of the
R-1 zoning district; and
WHEREAS, Title 12-1L-5 of the City Code (Zoning Ordinance) establishes the standards
for consideration when evaluating a request for a variance from the zoning district; and
WHEREAS, on July 25, 2023 the Mendota Heights Planning Commission conducted a
public hearing on the proposed Variance and Lot Line Adjustment application, and whereupon
closing the hearing, recommended 5-1 to approve the lot line adjustment on the subject property,
with certain conditions and find -of -fact to support said approval.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that
the recommendation from the Planning Commission on Planning Case No. 2023-07 is hereby
affirmed, and the Variance and Lot Line Adjustment requested for the properties located at 5
Dorset Road and 3 Dorset Road, are approved based on the following findings -of -fact.
1. The proposed Lot Split will realign the shared side -yard property line between 5 Dorset
Road and 3 Dorset Road to be perpendicular to the right-of-way.
2. The realignment of the property line will not create any additional density or new lots.
3. The resulting lots meet all other dimensional standards except for the minimum required
lot frontage.
4. The resulting lot frontage of 5 Dorset Road is approximately 85-feet, which represents a
variance from the standards by approximately 154eet.
5. The resulting lot frontage of 85-feet is consistent with the neighborhood character, and
other lots within the subdivision typically range from 75 to 110 feet of frontage.
6. The proposed lot line adjustment is consistent with the Low Density Residential (LR)
density requirements and the resulting lot sizes are generally consistent with the existing
conditions.
The Applicant demonstrated that
practical
difficulties exist related
to the historic plat
whereby the side -yard lot lines were not set
perpendicular to the road
right-of-way.
8. The Applicant demonstrated that the property is unique given the configuration of the lot
lines and orientation of the existing homes.
9. Approval of the variance request and the lot line adjustment will not adversely impact the
character of the neighborhood.
10. That provided the
conditions
of approval are
met, the resulting
lots will comply with the
intent and purpose
of the R-1
Zoning District
and the LR land use designation.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
and Lot Line Adjustment requested for the properties located at 5 Dorset Road and 3 Dorset is
hereby approved, with the following conditions:
1. Applicants must record the Lot Line Adjustment (minor subdivision) at Dakota County
indicating the newly revised property descriptions for the resulting lots.
2. All transfer or
deed documents which
convey
the portion of lands under the lot line
adjustment
and
lot split process shall be
recorded
with Dakota County.
Adopted by the City Council of the City of Mendota Heights this 2nd day of August 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
g�44
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Stephanie B. Levine, Mayor
ATTEST:
Ae
Chriskni6fuspo 6ty Clerk
EXHIBIT A
Property Address: 5 Dorset Road
Existing Legal Descripfion:
Lot 2, and the southwesterly 10 feet of Lot 1, Block 7, SOMERSET VIEW, Dakota County,
Minnesota.
Proposed Legal Description:
Those parts of Lot 1 and Lot 2, Block 7, SOMERSET VIEW, Dakota County, Minnesota, lying
southwesterly of a line described as follows:
Commencing at the most westerly corner of said Lot 1; thence North 55 degrees 37 minutes 25
seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 26.32 feet
to the point of beginning of the line to be described; thence South 37 degrees 17 minutes 04
seconds East a distance of 177.42 feet to the southeasterly line of said Lot 2, and said line there
terminating.
Property Address: 3 Dorset Road
Existing Legal Description:
Lot 1, except the southwesterly 10 feet thereof, Block 7, SOMERSET VIEW, Dakota County,
Minnesota.
Together with that part of vacated Burr Oak Avenue accruing to said Lot 1 per Document No.
3547902.
Proposed Legal Description:
Those parts of Lot 1 and Lot 2, Block 7, SOMERSET VIEW, Dakota County, Minnesota, lying
northeasterly of a line described as follows:
Commencing at the most westerly corner of said Lot 1; thence North 55 degrees 37 minutes 25
seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 26.32 feet
to the point of beginning of the line to be described; thence South 37 degrees 17 minutes 04
seconds East a distance of 177.42 feet to the southeasterly line of said Lot 2, and said line there
terminating.
Together with that part of vacated Burr Oak Avenue accruing to said Lot 1 per Document No.
3547902.
Res 2023-04 Poge 3