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Res 2023-56 Approve Lot Line Adjustment Terminate Dev Agreement for 1770 Dodd RoadCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-56 RESOLUTION APPROVING A LOT LINE ADJUSTEMENT AND THE TERMINATION OF THE DEVELOPMENT AGREEMENT FOR THE AUDREY ADDITION SUBDIVISION GENERALLY LOCATED AT 1770 DODD ROAD (PLANNING CASE NO. 2023-17) WHEREAS, Sean Doyle on behalf of Lakes LLC (the "Applicant" and "Owner" and "Developer") applied for Lot Line Adjustment and to Terminate the Development Agreement executed on January 20, 2022 for the Audrey Addition Subdivision, as proposed under Planning Case No. 2023-17, at the property generally located at 1770 Dodd Road, legally described in attached Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property was subdivided into three Lots and the Final Plat recorded as the Audrey Addition subdivision; and WHEREAS, the Final Plat was conditioned on the execution of a Development Agreement that required certain improvements so that three lots could be developed for single-family residential uses; and WHEREAS, the conditions of the Development Agreement were tied to the creation of Lot 3 of the Audrey Addition subdivision; and WHEREAS, the Applicant proposes to consolidate Lot 2 and Lot 3, Block 1 into one lot to be legally described as Lot 2 and 3; and WHEREAS, the consolidation of Lot 2 and Lot 3, Block 1 is subject to Section 11-1-5.C.1 of the City Code which provides standards regarding Lot Line Adjustments; and WHEREAS, the consolidation of the Final Plat into two lots negates the conditions contained within the Development Agreement related to required improvements; and WHEREAS, the consolidation of two lots is an administrative procedure that does not require a public hearing or consideration by the Planning Commission; and WHEREAS, the request to terminate the Development Agreement is a contract with the City and can be considered and acted on directly by the City Council. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the Lot Line Adjustment to consolidate and combine Lot 2 and Lot 3 of the Audrey Addition Subdivision and the request to Terminate the Development Agreement executed on January 20, 2022 for the property generally located at 1770 Dodd Road, and proposed under Planning Case No. 2023-17, is hereby approved and supported by the following finding -of -facts: A) The original Subject Property located at 1770 Dodd Road was planned to be subdivided into two lots in the 1990s which comprised an existing homestead and one newly created lot. B) To retain the right to subdivide the parcel, utilities for a second lot including water service and a sanitary sewer service were installed in the 1990s and the previous property owner contributed to the cost to construct the shared private driveway. C) In 2021 the subject property was granted a Final Plat and variance to increase the number of lots in the subdivision from two (2) to three (3) lots, legally described as Lot 1, 2, and 3, Block 1 of the Audrey Addition, Dakota County, Minnesota. D) The executed Development Agreement was required because the subdivision increased the number of lots from two to three which required upgrades to the shared private driveway and the installation of a third set of utilities to serve Lot 3. E) The Development was unable to meet condition 2a. of the Development Agreement, and therefore Lot 3 cannot be developed consistent with the terms and conditions. F) Given that the Development Agreement conditions cannot be met, the Developer proposes to revert back to the original 1990s configuration that planned two Lots on the subject Property. G) The Applicant's proposed consolidation will result in two lots in the Audrey Subdivision to be legally described as Lot 1, Lot 2, and Lot 3, Block 1 of the Audrey Addition, Dakota County, Minnesota. H) The consolidation of two lots negates the need for the Development Agreement since no additional utilities or improvements to the shared private driveway are necessary to serve Lot 2 of the Audrey Addition, Dakota County, Minnesota. I) 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 surrounding neighborhood conditions. J) 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. AND BE IT FURTHER RESOLVED by the Mendota Heights City that the Lot Line Adjustment to consolidate and combine Lot 2 and Lot 3 of the Audrey Addition and the request to Terminate the Development Agreement executed on January 20, 2022 for the property generally located at 1770 Dodd Road, and proposed under Planning Case No. 2023-17, is further hereby approved with the following conditions of approval: Mendota Heights Res. 2023-56 Page 2 of 4 1. Applicant must record the Lot Line Adjustment (Lot Consolidation of Lot 2 and Lot 3) at Dakota County indicating the newly revised property descriptions for the resulting lot. 2. Applicant must record this Resolution 2023-56 indicating that the Development Agreement executed on January 20, 2022 has been. terminated and is no longer valid. 3. 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 5th day of September, 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS Step ianie E. Levine, Mayor ATTEST. Chios a Lusxan, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, 1111155118 Mendota Heights Res. 2023-56 Page 3 of 4 EXHIBIT A Address: 1770 Dodd Road, Mendota Heights, Minnesota 55118 PID: 271130001010 (LOT 1, BLOCK 1, AUDREY ADDITION, DAKOTA COUNTY, MINNESOTA) PID: 271130001020 (LOT 2, BLOCK 1, AUDREY ADDITION, DAKOTA COUNTY, MINNESOTA) PID: 271130001020 (LOT 3, BLOCK 1, AUDREY ADDITION, DAKOTA COUNTY, MINNESOTA) Legal Description: LOT 1-3. BLOCK 1, AUDREY ADDITION, DAKOTA COUNTY, MINNESOTA Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Mendota Heights Res. 2023-56 Page 4 of 4