Res 2025-39 Variance Rear Yard 3 Season Prch 2150 Aztec LaneCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-39
RESOLUTION APPROVING A VARIANCE TO THE
REAR -YARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF A THREE -
SEASON PORCH ADDITION
LOCATED AT 2150 AZTEC LANE
PLANNING CASE 2025-09
WHEREAS, Darrel Tutewohl (the Applicant and Owner) applied for a Variance to allow
the construction of a new three -season porch addition in the rear yard of the property located at
2150 Aztec Lane, as proposed under Planning Case No. 2025-09, and as legally described in
attached Exhibit A (the "Subject Property"); and
WHEREAS,
the subject property is
guided
Low Density Residential in the 2040
Comprehensive Plan,
situated in the R-1 Single
Family
Residential District; and
WHEREAS, the Applicant is seeking approval of a Variance request to allow a new 12' x
10' three -season porch which would be setback 15-11 from the rear property line, as opposed to the
minimum 30-ft rear yard setback, as proposed and presented under Planning Case No. 2025-09;
and
WHEREAS, Title 12-SB-7 of the City Code (Variances) allows for the Council to grant
variances or certain modifications from the strict application of the provisions of the City Code,
and impose conditions and safeguards with variances if so needed or granted; and
WHEREAS, on June 24, 2025, the Mendota Heights Planning Commission held a public
hearing on the proposed Variance, and whereupon closing the hearing, recommended unanimously
(7-0 vote) to approve the application for Variance 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. 2025-09 is hereby
affirmed, and the Variance requested for the property located at 2150 Aztec Lane is approved
based on the following findings -of -fact:.
Under Title 12-5B-7 of the City Code, the Council may only grant variances from the
strict application of the provisions of the Code in cases where there are "practical
difficulties" in carrying out the strict letter of the regulations of the Code. "Practical
difficulties" consists of a three-part test: (i) the Applicant proposes to use the property in
a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant
is due to circumstances unique to the property not created by the Applicant; and (iii) the
variance, if granted, will not alter the essential character of the neighborhood. Economic
Res. No 2025-39 Page � 1
considerations alone do not constitute "practical difficulties."
2. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in
order to justify the granting of a Variance to allow a three -season porch to be setback 15-
ft from the rear property line, by the following:
a. The proposed
upgrade from the existing deck to
a new three -season porch is a
reasonable use of the property consistent with a
single-family
residential property;
b. The subject site is a substandard lot, platted prior to current City Code
requirements for minimum lot size and setback dimensions; the existing home and
deck encroach into the rear yard setback, and there is no location to construct a
porch or other covered structure which would not encroach into the rear yard
setback and require a Variance
c. The reason for the Variance request is to permit a reasonable request to replace an
aging deck structure with a modern enhancement to the property consistent
with single-family home development and character, and for this reason the
request is not solely based on economic considerations.
3. The City has considered the factors required by Title 12-SB-7 of the City Code, including
but not limited to the effect of the Variance upon the health, safety, and welfare of the
community, existing and anticipated traffic conditions, the effect of the Variance on the
danger of fire and the risk to public safety, and upon the value of properties in the
surrounding area, and upon the Comprehensive Plan, and has determined this Variance
will not affect or pose any negative impacts upon the neighborhood or the community in
general.
4. Approval of this Variance is for 2150 Aztec Lane only, and does not apply or give
precedential value to any other properties throughout the City. All variance applicants
must apply for and provide a project narrative to the City to justify a variance. All
variance requests must be reviewed independently by City staff and legal counsel under
the requirements of the City Code.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
requested for the property located at 2150 Aztec Lane is hereby approved, with the following
conditions:
1. The fifteen -foot setback Variance is exclusively for the construction of a 10-ft x 12-ft
three -season porch in the rear yard.
2. The Applicant shall not deviate from the porch plan under this application review without
first seeking and receiving city approvals, unless City Code provides for certain or
allowable improvements to be made without any additional application review process.
Res. No 2025-39 page � 2
No work begins on the proposed porch construction until a building permit has been
issued by the City.
Adopted by the City Council of the City of Mendota Heights this 1st day of July 2025.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
l
Stephanie A. Levine, Mayor
ATTEST:
n
Nakey Ba er, City Clerk
Res. No 2025-39 Page � 3
EXHH3I1 A
Property Address: 2150 Aztec Lane
PIN: 27-27800-OS-080
Legal Description: Lot 8, Block 5, Friendly Hills Rearrangement
Res. No 2025-39 Page � 4