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Res 2012-107 Deny Variance 1170 Dodd RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012 -107 A RESOLUTION DENYING A VARIANCE TO CONSTRUCT A SINGLE FAMILY HOME WITHOUT IMPROVED STREET FRONTAGE AT 1170 DODD ROAD WHEREAS, Mike and Theresea Hueg, on behalf of Hella Mears, have applied for a variance to construct a single family home without improved street frontage on an undeveloped lot connected to 1170 Dodd Road (PID 27- 71150 -07 -120, Lots 9 to 12, Block 7, Somerset View); as described in planning case 2012 -33, and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting November 27, 2012. NOW '1'IIEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in planning case 2012 -33 is hereby denied with the following findings of fact: 1. The proposed single family home would be more than 300 feet from the nearest public street, raising issues of public safety and emergency vehicle access. 2. The use of the public right of way for private driveway improvements necessitates either side -by- side private driveways at Dorset Road, or shared driveway access, neither of which are the City's preferred design. 3. Without direct public safety access, the proposed residential use of the property is not reasonable. 4. The establislunent of a single family home on a large parcel without street access can be seen as setting the stage for future requests for similar substandard development. 5. The practical difficulty is not unique to this parcel in that the City commonly requires fully developed public street access for all parcels, and such street access can be provided within existing right of way. 6. The practical difficulty can be seen as an economic condition rather than a physical attribute of the land, and economic conditions alone may not be used as the rationale for approval of a variance. 7. The undeveloped rights -of -way for Burr Oak Avenue and Somerset Avenue were specifically platted to service future infill development in the area, with the expectation that upon infill development construction, full street improvements would be installed. Adopted by the City Council of the City of Mendota Heights this fourth day of December, 2012. CITY COUNCIL CITY OF 1 NDOTA HEIGHTS AP an'ra Krebsbach, Lorri Smith, City Clerk r Receipt# 244748 ABSTRACT FEE Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2012-107 $46.00 2917110 Recorded on: 12/21/2012 03:07:04PM By: TMB, Deputy Joel T. Beckman County Recorder Dakota County, MN 3 A RESOLUTION DENYING A VARIANCE TO CONSTRUCT A SINGLE FAMILY HOME WITHOUT IMPROVED STREET FRONTAGE AT 1170 DODD ROAD WHEREAS, Mike and Theresea Hueg, on behalf of Hella Mears, have applied for a variance to construct a single family home without improved street frontage on an undeveloped lot connected to 1170 Dodd Road (PID 27-71150-07-120, Lots 9 to 12, Block 7, Somerset View); as described in planning case 2012-33, and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting November 27, 2012. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in planning case 2012-33 is hereby denied with the following findings of fact: 1. The proposed single family home would be more than 300 feet from the nearest public street, raising issues of public safety and emergency vehicle access. 2. The use of the public right of way for private driveway improvements necessitates either side-by- side private driveways at Dorset Road, or shared driveway access, neither of which are the City's preferred design. 3. Without direct public safety access, the proposed residential use of the property is not reasonable. 4. The establishment of a single family home on a large parcel without street access can be seen as setting the stage for future requests for similar substandard development. 5. The practical difficulty is not unique to this parcel in that the City commonly requires fully developed public street access for all parcels, and such street access can be provided within existing right of way. 6. The practical difficulty can be seen as an economic condition rather than a physical attribute of the land, and economic conditions alone may not be used as the rationale for approval of a variance. 7. Theundeveloped rights-of-way for Burr Oak Avenue and Somerset Avenue were specifically •.platted to service future infill development in the area, with the expectation that upon infill development construction, full street improvements would be installed. Adopted by the City Council of the City of Mendota Heights this fourth day of December, 2012. CITY COUNCIL CITY OF NDOTA HEIGHTS Lon-i Smith, City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) s.s. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2012 -107: Resolution Denying a Variance to Construct a Single Family Home Without Improved Street Frontage at 1170 Dodd Road is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on December 4, 2012. Signed and sealed by my hand on this 17th day of December 2012. Lorri Smith City Clerk (SEAL)