Res 2026-48 Approving a Variance at 1044 Brompton PlaceCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW AN IMPERVIOUS SURFACE
COVERAGE OF 39% (THIRTY-NINE PERCENT) AT 1044 BROMPTON PLACE
PLANNING CASE 2026-10
WHEREAS, Joe Fitzgerald, (the "Applicant" and "Owner") made an Application for a
Variance to the maximum impervious surface coverage requirement of 35% (thirty-five percent),
for the property located at 1044 Brompton Place, 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-1 Low Density Residential; and
WHEREAS, Title 12-4A-6: Impervious Surface Requirements: C.2 requires that the total
square footage of impervious surface coverage may not exceed the maximum impervious surface
coverage established in the base zoning district. Table 12-213-3.1 establishes the maximum
impervious surface coverage as 35% in the R-1 Zoning District, and the Variance requested is for
a total impervious surface coverage of 39%, as proposed and presented under Planning Case No.
2026-10; 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 July 28, 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 unanimously (5-0 vote) to approve the request from
Joe Fitzgerald for the Variance, which would allow an impervious surface coverage of 39%, as
proposed and presented under Planning Case No. 2026-10, 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. 2026-10 is hereby
affirmed, and may be approved based on the following findings -of -fact:
Under Title 12-513-7 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
Resolution No. 2026-48 Page � I
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."
a. Construction of a 320-sq.ft. rear deck from the patio door access is a
reasonable use of the residential property, is consistent with single-family
homes within the community, and would not negatively impact the essential
character of the neighborhood.
b. The City Code was amended in 2025 to require a maximum impervious
surface coverage of 35%. There are no listed exceptions for decks with gaps
or spacing; therefore a practical difficulty is demonstrated in order to increase
the impervious surface on the subject property to 39% by constructing a larger
replacement deck.
c. A Practical Difficulty is demonstrated in that the property owner cannot
reasonable comply with the strictest application of the ordinance because the
home is designed for an upper rear deck, as opposed to a rear patio where
permeable pavers would be an option for administrative approval.
d. The granting of this proposed variance is necessary for the preservation and
enjoyment of a substantial property right of the Applicant/Owner. The
granting of the proposed Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate the Practical Difficulty.
2. The granting of the proposed Variance will not impair an adequate supply of light and
air to adjacent property, unreasonably increase the congestion in the public streets,
increase the danger of fire, endanger the public safety, unreasonably diminish or
impair established property values in the surrounding area, nor will it in any other
way impair health, safety, comfort, or in any other respect be contrary to the intent of
the Zoning Ordinance.
3. The proposed request includes a commitment from the applicant to install a rain
garden in the front side yard of the property in order to offset the increase in
impervious surface. With the conditions included herein, the proposed Variance
request for 39% impervious surface coverage on the subject property would be
consistent with the Zoning Ordinance and Comprehensive Plan,
4. Approval of this Variance is for 1044 Brompton Place 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,
Resolution No. 2026-48 Page � 2
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
requested for the property located at 1044 Brompton Place is hereby approved, with the following
conditions:
1. The impervious surface is limited to 39%. Any additional increase in impervious
surface cannot be installed without prior application, review, and approval of a new
Variance specific to that future proposal.
2. The Applicant shall not deviate from the deck 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.
3. No work begins on the proposed deck construction until a building permit has been
issued by the City.
4. The applicant shall install a rain garden to offset the increase in impervious surface.
Plans for the raingarden are subject to review and approval by the Public Works
Director. The rain garden will be subject to a Stormwater Best Management Practices
(BMP) Agreement with the City.
Adopted by the City Council of the City of Mendota Heights this 5'h day of August 2026.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie�B. Levine, Mayor
ATTEST:
Nane BaiYer, City Clerk
Resolotio° No. 2026-48 Page � 3
Address: 1044 Brompton Place
PIN: 27-15200-01-030
Legal Description:
Lot 3, Block 1, BROMPTON COURTS, Dakota County, Minnesota
Resolution No. 2026-48 page � 4