Res 2023-89 Approve Variance MRCCA & CUP Permit 1037 Mayfiled Heights LaneCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-89
RESOLUTION APPROVING A VARIANCE, A MRCCA PERMIT, AND A
CONDITIONAL USE PERMIT AT 1037 MAYFIELD HEIGHTS LANE
[PLANNING CASE NO. 2023-27]
WHEREAS, David Ellis (the "Applicant" and "Owner") applied for two Variances, a
Conditional Use Permit, and a Mississippi River Corridor Critical Area (MRCCA) Permit to
construct an addition and a covered entryway as proposed under Planning Case No. 2023-27, at
the property located at 1037 Mayfield Heights Lane, legally described in attached Exhibit A (the
"Subject Property"): and
WHEREAS, the subject property is guided Low Density Residential in the 2040
Comprehensive Plan, and is situated in the R-1 One Family Residential District, and
WHEREAS, the Subject Property is located within the Mississippi River Corridor Critical
Area Overlay District of the City of Mendota Heights, and the proposed project is subject to the
rules and regulations contained in Title 12 Chapter 3 Critical Area Overlay District; and
WHEREAS, Title 12-1D-4, Subsection 2.a. of the City Code (Yards and Open Spaces)
allows covered and/or enclosed entryways that extend into the front yard setback up to five feet
(5'), provided that a Conditional Use Permit is first obtained; and
WHEREAS, the Applicant proposes to construct an approximately 39-square foot covered
entryway onto the existing residential structure which will encroach into the required front yard
setback by approximately three feet (3').
WHEREAS, the Applicant proposes to construct an approximately 1,146-square foot
addition onto the existing residential structure which will encroach into the required back yard
setback by approximately five (5) feet and into the required side yard setback by approximately
five (5) feet.
WHEREAS, on November 28, 2023, the Mendota Heights Planning Commission
conducted a public hearing on the proposed Variances, Conditional Use Permit, and MRCCA
Permit, and whereupon closing the hearing, recommended (5-1) to approve the application with
certain conditions and findings -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. 2023-27 is hereby
affirmed, and the Variances, Conditional Use Permit, and MRCCA Permit, requested for the
property located at 1037 Mayfield Heights Lane, is approved based on the following findings -of -
fact.
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1. The project includes a comprehensive planting plan. The Applicant will install turf and
native vegetation once construction is complete. The addition and covered stoop are also
planned in such a way that the existing natural features on the lot will be disturbed to the
least extent possible. Therefore, the proposed project is within the spirit and intent of the
MRCCA River Neighborhood sub -district that provides for flexibility within the
management purpose.
2. The proposed addition will allow for the continued use of the property as a single-family
structure.
3. The proposed addition represents an investment in a residential neighborhood which is
consistent with the Comprehensive Plan's goals for residential land uses.
4. The Applicant has demonstrated that there are unique circumstances of the lot that
support the request for a variance from the strict interpretation of the ordinance.
5. The Applicant has demonstrated that there are practical difficulties in complying with the
ordinance due to the existing orientation of the home, location and placement on a cul-de-
sac and presence of significant vegetation which is recommended for protection through
the City's MRCCA ordinance requirements.
6. The proposed covered stoop meets all of the conditions put forth in City Code Section
12-1D-4, subsection 2.a.(2).
7. The proposed project will not be detrimental to the health, safety or general welfare of the
community; should not cause any serious traffic congestion nor hazards; will not
seriously depreciate surrounding property value; and said use appears to be in harmony
with the general purpose and intent of the City Code and the Comprehensive Plan.
8. The construction of the addition and the covered stoop as shown in the plan must comply
with all standards and regulations of the Mississippi River Corridor Critical Area Overlay
District and Zoning Ordinance and other applicable ordinances; represents reinvestment
in a residential neighborhood that is consistent with the Comprehensive Plan's goals for
residential land uses; and is consistent with current single-family development pattern of
the neighborhood.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
Variances, Conditional Use Permit, and MRCCA Permit for property located at 1037 Mayfield
Heights Lane as proposed under Planning Case No. 2023-27, is hereby approved with the
following conditions:
1. A building permit, including a grading plan, must be approved by the City prior to the
commencement of any site work.
2. The proposed project must comply with all requirements of the City's Land Disturbance
Guidance Document. All plans must be reviewed and approved by the Public Works
Director.
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3. All erosion control requirements as approved in the Erosion Control Plan must be put in
place prior to the commencement of any grading and site work activities. Such measures
must remain in place for the duration of the construction activities until proper site
restoration plans are completed.
4. All construction activities and traffic must be fully contained on the subject property and
may not encroach onto the adjacent property, unless a construction easement agreement
is executed with the adjacent property owner.
5. All grading and construction activity must comply with applicable federal, state, and
local regulations and codes.
6. All work on site will only be performed,between the hours of 7:00 AM and 8:00 PM
Monday through Friday; 9:00 AM to 5:00 PM weekends.
Adopted by the City Council of the City of Mendota Heights this 6th day of December 2023.
ATTEST:
Nancy Bfuer, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
zve-/C-C_
Stephan B. Levine, Mayor
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EXHIBIT A
Address: 1037 Mayfield Heights Lane, Mendota Heights, Minnesota, 55118
PID: 274750000063
Legal Description: Lot and Block 6, MAYFIELD HEIGHTS, Dakota County, Minnesota
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