Res 2026-31 Approving a Variance for Ramp at 537 Junction LaneCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2026-31
RESOLUTION APPROVING A VARIANCE TO THE FRONT -YARD SETBACK FOR
AN ACCESSIBILITY RAMP AT 537 JUNCTION LANE
PLANNING CASE 2026-02
WHEREAS, Clarence Tweh, (the "Applicant") made an Application for a Variance to the
front -yard setback to allow for an accessibility ramp, located on the property at 537 Junction Lane,
and legally described in Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is guided LDR-Low Density Residential in the 2040
Comprehensive Plan, zoned R-I Low Density Residential; and
WHEREAS, Title 124A-3: Yards and Open Space: CLc allows for a 5-ft encroachment
into the front yard in the case of accessibility ramps, and the Applicant is seeking approval of a
Variance request to allow an accessibility ramp within the front yard of the Subject Property which
would encroach 13-ft 94n into the front yard, exceeding the 5-ft encroachment allowance, and the
Variance requested is for a 8-ft 9-in reduction in the front -yard setback under this provision, as
proposed and presented under Planning Case No. 2026-02; and
WHEREAS, Title 12-513-7 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 March 31, 2026, the Mendota Heights Planning Commission held a public
hearing on the Variance request, whereby a planning report was presented and received by the
Commission, and comments from the applicant and public were allowed, and whereupon closing
the hearing, the Commission recommended (4-1 vote) to table the application to the next available
regular Planning Commission meeting date, to request additional clarification on the plans from
the applicant to be reviewed and discussed at their next meeting; and
WHEREAS, on April 28, 2026, the Mendota Heights Planning Commission continued
their review of the Variance request, whereby an updated planning report was presented and
received by the Commission, and following their review, the Commission recommended
unanimously (7-0 vote) to approve the request from Clarence Tweh for the Variance, which would
allow the reduction in the front -yard setback, as proposed and presented under Planning Case No.
2026-02, 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. 2026-02 is hereby
affirmed, and may be approved based on the following findings -of -fact:
Resolution No. 2026-31 Page I 1
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 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 13-ft 9-in
encroachment into the front yard and 8-ft 9-in setback reduction for the installation of
an accessibility ramp, by the following:
a. The proposed installation of an accessibility ramp is a reasonable use of
property and is consistent with a single-family residential property's
development pattern;
b. The subject site is a substandard lot, platted prior to cunent City Code
requirements for minimum lot size and setback dimensions; the existing home
is compliant with the front yard setback requirements and contains an existing
stoop compliant with encroachment flexibilities permitted within City Code.
Due to the change in grade from the front stoop to the driveway, and the
required slope for an accessibility ramp, there is no alternative alignment for
an accessibility ramp to tie into that existing stoop without the need for a
Variance from the front -yard setback and encroachment requirements. The
alignment is needed due to the grading of the property, and a tumback within
the ramp alignment necessitates this Variance request.
The reason for the Variance request is to permit a reasaiable installation of an
accessibility ramp to serve the residents of the home. This alignment and
accessibility ramp installation will correct an existing code violation which is
on file against the subject property and remove an encroachment on public
right-of-way at cost to the property owner and for this reason the request is not
solely based on economic considerations.
The City has considered the factors required by Title 12-513-7 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.
Resolution No. 2026-31 Page � 2
4. Approval of this Variance is for 537 Junction 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 537 Junction Lane is hereby approved, with the following
conditions:
1. The 13-ft 9-in encroachment into the
front
yard and
8-ft 9-in Variance
is exclusively
for the installation of an accessibility
ramp
within the
front yard.
2. The Applicant shall not deviate from the ramp 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.
No work begins on the proposed ramp installation until an administrative permit has
been issued by the City.
4. The existing accessibility ramp which is a violation of City Code and encroaches into
the front yard and public right-of-way must be removed within 90 days of this Variance
approval.
Adopted by the City Council of the City of Mendota Heights this Sth day of May 2026.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
7
42 zOW
ZL
Ste hanie B. Levine, Mayor
ATTEST:
N ncy Bauer, City Clerk
Resolution No. 2026-31 Page � 3
EXHIBIT A
Address: 537 Junction Lane
PIN:27-49200-01-021
Legal Description:
Lot 2, Block 1, John H. Morrison 's Addition to L. Paul, Dakota County, Minnesota, Excepting from said lot the
north ninety (90) feet of said lot, according to the plat thereof.
Resolution No. 202631 Page � 4