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Res 2023-73 Lot Split 599 Callahan PlaceCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2023-73 RESOLUTION APPROVING A LOT SPLIT AT 599 CALLAHAN PLACE [PLANNING CASE NO. 2023-191 WHEREAS, Jose Luis Barba, the Owner and Applicant of 599 Callahan Place made an Application for a Lot Split as proposed under Planning Case No. 2023-19, 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 11-1-5.0 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 WHEREAS, the Applicant proposes to subdivide the property into two parcels where proposed Parcel A will be 15,614 SF and proposed Parcel B will be 15,022 SF; and WHEREAS, the proposed Lot Split will create two new single-family lots that provide adequate buildable area that can support development that complies with the R-1 dimensional standards; and WHEREAS, on September 26, 2023 the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Split application, and whereupon closing the hearing, unanimously recommended to approve the lot split on the subject property, with certain conditions and fmdings-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. 2023-19 is hereby affirmed, and the Lot Split requested for the property located at 599 Callahan Place is approved based on the following findings -of -fact. 1. The proposed Lot Split (minor subdivision) creates two lots, where Proposed Parcel A is 15, 614 square feet and Proposed Parcel B is 15,022 square feet. 2. The resulting lots, Parcel A and B, meet all dimensional standards as established in the R- 1 zoning district provided the existing structure and improvements are removed and/or demolished. 3. The proposed Lot Split is consistent with the Low Density Residential (LDR) density requirements, and the proposed use of the Lots for single-family residential uses is consistent with the intent and purpose of the LDR designation. 4. Thebremov 11 of the existing home and improvements will result in two new buildable lots that have adequate area outside of all setback areas to construct a new residential structure. 5. Approval of the lot split to allow for future development of the lots with single-family residential uses will not adversely impact the character of the neighborhood which is developed with low density residential uses. 6. That provided the conditions of approval are met, the resulting lots and any future development will comply with the R-1 base zoning district requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Split (subdivision) requested for the property located at 599 Callahan is hereby approved, with the following conditions: 1. Applicant must record the Lot Split (minor subdivision) at Dakota County indicating the newly created Parcel A and Parcel B. 2. The Applicant is permitted to live in the existing home during construction. This is a Temporary Living Agreement that is only permitted while the new home is being constructed. A Temporary Living Agreement must be executed to the satisfaction of the City Attorney and entered into prior to a building permit being issued for Parcel A. 3. Once a Certificate of Occupancy is granted for the new home the existing home must be demolished within 120-days. 4. A Letter of Credit or Bond, as requested by the City Council and in a form acceptable to the City Attorney, must be submitted to cover 125% of the estimated demolition costs of the existing structure. The LOC or Bond must be submitted prior to the issuance of a Building Permit. 5. The Resolution and Letter of Credit (or similar) must be recorded at Dakota County and must be of record on both created parcels. 6. Park Dedication fee for one (1) lot is due and must be paid prior to receipt of a building permit for a new home on Parcel A. 7. 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 17th day of October 2023. CITY COUNCIL CITY OF MENDOTA HEIGHTS "4, Stephanie B. Levine, Mayor ATTEST: Christine Lusia ity Clerk EXHIBIT A Property Address: 599 Callahan Place Parcel A Existing Legal Description: Lot 15, WILLOW SPRING, lying south of the following described line: Commencing at the point on the East line of said Lot 15, 133 feet south of the Northeast corner thereof; thence West to a point on the West line of said lot 15, 142 feet south of the Northwest corner thereof, Dakota County, Minnesota. Proposed Legal Description: That part of Lot 15, WILLOW SPRING, Dakota County, Minnesota, described as follows: Commencing at a point on the East line of said Lot 15, 133 feet South of the Northeast corner thereof, the East line of Lot 15 having an assumed bearing of South 00 degrees 10 minutes 45 seconds West; thence South 87 degrees 15 minutes 54 seconds west a distance of 13 0.3 8 feet to the point of beginning: Thence South 19 degrees 41 minutes 51 seconds West a distance of 158.93 feet more or less to a point on the Southerly line of said Lot 15, 79.25 feet southwesterly of the Southeast comer thereof; thence South 74 degrees 10 minutes 08 seconds West a distance of 100.00 feet to the Southwest corner of said Lot 15; thence North 14 degrees 41 minutes 05 seconds West a distance of 178.54 feet; thence North 87 degrees 15 minutes 54 seconds East a distance of 88.00 feet to the point of beginning and there terminating. Property Address: 599 Callahan Place Parcel B Existing Legal Description: Lot 15, WILLOW SPRING, lying south of the following described line: Commencing at the point on the East line of said Lot 15, 133 feet south of the Northeast comer thereof; thence West to a point on the West line of said lot 15, 142 feet south of the Northwest corner thereof, Dakota County, Minnesota. Proposed Legal Description: All that part of Lot 15, WILLOW SPRING, Dakota County, Minnesota, described as follows: Beginning at a point on the East line of said Lot 15, 133 feet South of the Northeast corner thereof, the East line of Lot 15 having an assumed bearing of South 00 degrees 10 minutes 45 seconds West; thence South 87 degrees 15 minutes 54 seconds West a distance of 130.38 feet; Res 2023-71 Page 4 thence South 19 degrees 41 minutes 51 seconds West a distance of 158.93 feet more or less to a point on the Southerly line of said Lot 15 a distance of 79.25 feet southwesterly of the Southeast corner thereof; thence North 74 degrees 10 minutes 08 seconds East along the Southerly line of Lit 15 a distance of 79.25 feet to the Southeast corner of Lot 15; thence North 00 degrees 10 minutes 45 seconds East along the East line of said Lot 15 a distance of 134.23 feet to the point of beginning and there terminating.