Resolution 2023-80 809 Hazel Court Variance and CUPReceipt:# 943332
VR $46.00
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SIMPLIFILE
5072 NORTH 300 W
PROVO UT 84604
Document Number
3643533
ll IIl 1IIII Ill I1I III I11 III Il
Recorded on: 8/29/2024 10:12 AM
By: EGU, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
STATE OF MINNESOTA }
COUNTY OFMINNESOTA
CITY OF MENDOTA HEIGHTS }
1, Nancy Bauer, being the duly appointed City Clerk for the City of Mendota Heights, do hereby certify
that the attached Resolution 2023-80 Resolution Approving a Variance and Conditional Use Permit at
809 Hazel Court Planning Case 2023-24 is an exact copy of the resolution on file in my office adopted by
the Mendota Heights City Council on November 8, 2023.
Signed and sealed by my hand on this 28'h stay of August 2024.
Nancy Bain r, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-80
RESOLUTION APPROVING A VARIANCE AND CONDITIONAL USE PERMIT AT
809 HAZEL COURT
PLANNING CASE 2023-24
WHEREAS, Daniel and Karen Bogg (the "Applicant" and "Owners") applied for a
Variance and Conditional Use Permit to construct a covered entry on the front of their house as
proposed under Planning Case No. 2023-24, at the property located at 809 Hazel Court, 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, 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,
provided that a Conditional Use Permit is first obtained; and
WHEREAS, the Applicant proposes to construct an approximately 72-square foot covered
entryway onto the existing residential structure which will encroach into the required front yard
setback by approximately one foot; and
WHEREAS, on October 24, 2023, the Mendota Heights Planning Commission conducted
a public hearing on the proposed Variance and Conditional Use Permit, and whereupon closing
the hearing, recommended unanimously to approve the Variance and Conditional Use Permit on
the subject property, 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. 2023-24 is hereby
affirmed, and the Variance and Conditional Use Permit requested for the property located at 809
Hazel Court is approved based on the following findings -of -fact.
1. The placement of the existing house on the lot, and the are of the setback line create a
practical difficulty in complying with the City's front yard setback requirements as
identified in the R- I zoning district.
2. The applicant has demonstrated the unique conditions exist on the property to justify a
granting of the variance.
3. The Applicant has demonstrated that practical difficulties with the zoning ordinance and
applicable R-1 dimensional standards exist on the property to justify a granting of the
variance.
Res. No. 2023-80 Page I 1
4. The Applicant has adequately described and explained why the size of the porch could not
be designed to comply with the applicable setback and area standards, thereby complying
with the maximum size standards.
5. The City finds that the criteria of the three-part test (practical difficulty, unique
characteristics of the land and neighborhood character) has been met by the Applicant.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
and Conditional Use Permit requested for the property located at 809 Hazel Court is hereby
approved, with the following conditions:
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.
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 grading and construction activity must comply with applicable federal, state, and local
regulations and codes.
5. 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 8'h day of November 2023,
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
ATTEST:
U'�'
Cheryl J o n City dministrator
Res. No. 2023-80 Page 12
EXHIBIT A
ADDRESS: 809 Hazel Court
PID:276830001050
LEGAL DESCRIPTION: Lot 5, Black 1, SIMEK REARRANGEMENT, Dakota County,
Minnesota
Res. No. 2023-80 Page 13