2013-09-24 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION
Regular Agenda
Tuesday, September 24, 2013 - 7:00 P.M.
1. Call to Order
2. Roll Call
3. Approval of the Agenda
4. Approval of the August 27, 2013 Planning Commission Minutes
5. Hearing:
a. Case No. 2013 -15: Jeff Tritch for Paul and Shannon Burke at 645 Sibley
Memorial Highway: Critical Area Permit to constrict a new single family home.
Public Hearing 7:00 p.m.
6. Verbal Review
7. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours in
advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make
every attempt to provide the aids, however, this may not be possible on short notice. Please
contact City Administration at 651- 452 -1850 with requests.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
August 27, 2013
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August
27, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Vice -Chair Doug Hennes, Commissioners Michael
Noonan, Robin Hennesey, Mary Magnuson, and Ansis Viksnins. Those absent: Chair Litton
Field, Jr. and Howard Roston. Those present were Planner Nolan Wall, Public Works
Director /City Engineer John Mazzitello, and Consultant Planner Stephen Grittman.
TntNmd"Winn
Vice -Chair Doug Hennes welcomed and introduced the City's new Planner, Mr. Nolan Wall,
AICP.
Approval of June 25, 2013 Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO
APPROVE THE MINUTES OF JUNE 25, 2013, AS PRESENTED.
AYES: 5
NAYS: 0
ABSENT: 2
Hearinzs
PLANNING CASE 42013 -12
Karla Gotham, 1533 Dodd Road
Conditional Use Permit for Fence Installation
Consultant Planner Grittman presented the request and explained that the property in question is
a single family parcel that is occupied by a single family home, on the northwest corner of Dodd
Road and 4th Avenue. The applicant was seeking approval to constrict a four foot high chain -
link fence around the rear yard to prevent children from running into the street. Because the
fence segment along the south property lines lies within 30 feet of the 4th Avenue right -of -way
and exceeds 36" in height, per the Zoning Ordinance a conditional use permit is required. The
owner has already constricted the fence due to grant funding timeline restrictions but was made
aware that the constriction was dependent on the granting of the conditional use permit and did
the constriction at their own risk.
Staff recommended approval of the conditional use permit.
Aztgitst 27, 2013 llelydota Heights Plaliliilig Commission fleeting Page I
Commissioners asked questions pertaining to the current galvanized fencing materials and the
reasons for staff recommending the chain link be treated to avoid the galvanized finish, what
would need to be done to bring the fence within the code guidelines, and the cost to treat the
chain link fence.
Ms. Karla Gotham was in attendance and shared photographs of the fence. She also shared
photographs of chain link fences in the neighborhood that are galvanized and explained her
desire to keep that look.
It was noted that the treatment of the galvanized chain link fence is a recommendation only and
not a requirement for approval of the conditional use permit.
Vice -Chair Hennes opened the public hearing.
Seeing no one coming forward wishing to speak, Vice -Chair Hennes asked for a motion to close
the public hearing.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON,
TO CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT:2
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR FENCE
CONSTRUCTION GREATER THAN 36" IN A REQUIRED YARD ADJACENT TO A
RIGHT -OF -WAY AS PROPOSED BY THE APPLICANT, BASED ON THE FOLLOWING
FINDINGS OF FACT:
1. The proposed project will not further impact traffic visibility at the Dodd Road /4th
Avenue intersection.
2. The proposed fence type and height are consistent with Ordinance requirements, with the
recommendation that the chain link fence is finished to avoid a galvanized finish.
3. The fence is compatible with the established character in the area and will not negatively
impact any neighboring properties.
AYES: 5
NAYS: 0
ABSENT: 2
Vice -Chair Hennes advised the City Council would consider this application at its September 3,
2013 meeting.
Azrgrrst 27, 2013 llelydota Heights Plaliliilig Commission fleeting Page 2
PLANNING CASE 420 13- 13
Alliant Engineering for Scannell Properties
at Southwest corner of Lemay Road and Commerce Drive
Setback Variance for Office /Warehouse Building
Consultant Planner Grittman shared an image of of the property location, designated at Lot 1, Block
2 of the Mendota Heights Business Park 4t' Addition, for a proposed office /warehouse building.
The site is surrounded by Commerce Drive on the south and west side and Lemay Avenue on the
north side. The applicants were seeking to constrict an office /warehouse building of nearly
72,000 square feet. The proposed building would have three office spaces of approximately
4,800 square feet each with access points on the west and south sides of the building. The
remainder of the building would be warehouse space with dock access along the east side of the
building.
The way the property is proposed to be designed and set up would require three variances; two
parking setback variances and one building setback variance. Code requires parking circulation
areas to be set back from the property line 20 feet and the proposal has setbacks of 10 feet on the
south and west sides. The building setback variance is being requested to accommodate some
encroachments for the corners of the building. The Code requires a setback of 40 feet and these
building additions would extend to within 30 or 32 feet of the right -of -way line along the north
side.
Consultant Planner Grittman continued by explaining that to approve variance requests the City
must find that the proposed setbacks for the building and parking areas constitute a reasonable
manner of use, and that the conditions leading to the variance are unique to the property in
question, not created by the applicant, and would be consistent with the character of the
neighborhood in which the property is located.
Planning staff recommended denial of the building setback variance as the applicants can meet
the setback requirements with minor modifications to the building, and the conditions resulting
in the setback encroachments do not appear to be unique to the site, but are the result of the
building design.
Planning staff recommended denial of the variance to the parking setback along Commerce
Drive to the south as a minor reduction in the length of the building would impact only about 2%
of the space and provide the required setback, as well as permit the parking area to meet the full
dimension identified in the zoning ordinance. The applicant would also have the option of
eliminating some of the parking in this area since the site plan has more parking than required by
the Code.
Planning staff recommended approval of the variance to the parking setback along Commerce
Drive to the west. The dimensions of the site, along with the needs of loading area circulation,
appear to interfere with reasonable use of this area, and appear to justify the reduced parking
setback.
Azrgrrst 27, 2013 llelydota Heights Plaliliilig Commission fleeting Page 3
Commissioners asked questions regarding the necessary building and parking lot modifications
to comply with code requirements.
Mr. Tim Elam of Scannell Properties was in attendance to address concerns, explain the design
of the proposed building, and the reasons for the requested variances. He also explained that they
are willing to work with the City on landscaping plans to enhance the view.
Commissioners asked questions in regard to the "practical difficulties" the applicant would be
facing in not meeting the ordinance and architectural design modifications.
Vice -Chair Hennes opened the public hearing.
Seeing no one coming forward wishing to speak, Vice -Chair Hennes asked for a motion to close
the public hearing.
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNESEY,
TO CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2
COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS,
TO RECOMMEND APPROVAL OF PARKING SETBACK VARIANCE — WEST
PROPERTY LINE BASED ON THE FOLLOWOING FINDINGS OF FACT:
1. Common width and loading area circulation needs constricts the usable area of the
property from east to west.
2. A 10 -foot parking setback is not uncommon in the immediate neighborhood for industrial
property.
3. Additional landscaping along the parking boundary will help to mitigate the impacts of
the parking area encroachment along the west frontage.
4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by
the variance as proposed.
5. Use of the property — with the building width as designed — is a reasonable one for the
site in question.
WITH ONE ADDITIONAL FINDING:
6. The proposed site is irregular in shape, is bounded by public streets on three sides, and
the narrowness of the east/west dimension poses practical difficulties.
Commissioner Noonan commented that he heard the applicant suggest they would work with
staff to enhance the landscaping and asked if there was a way to condition those discussions as
part of the granting of the variance. Consultant Planner Grittman replied that would be
permissible.
Azrgrrst 27, 2013 llelydota Heights Plaliliilig Commission fleeting Page 4
COMMISSIONERS MAGNUSON AND VIKSNINS AGREED TO ADD THAT CONDITION
TO THE MOTION.
AYES: 5
NAYS: 0
ABSENT: 2
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND APPROVAL OF PARKING SETBACK VARIANCE — SOUTH PROPERTY
LINE, BASED ON THE FOLLOWING FINDINGS OF FACT:
I. Full "front- yard" setbacks on both north and south property lines restrict the ability to
design parking areas on the south side of the building accessible to the proposed office.
2. A 10 foot parking setback is not uncommon in the immediate neighborhood for industrial
property.
3. Additional landscaping along the parking boundary will help to mitigate the impacts of
the parking area encroachment along the west frontage.
4. Parcels across Commerce Drive from this encroachment are not likely to be impacted by
the variance as proposed.
5. Use of the property is a reasonable one for the site in question, and adhering to the
additional parking setbacks on both frontages interferes with this reasonable use.
AND WITH THE FOLLOWING CONDITION:
1. The applicant shall work with City staff on the landscaping plan to enhance the property.
AYES: 5
NAYS: 0
ABSENT: 2
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND DENIAL OF BUILDING SETBACK VARIANCE, BASED ON THE
FOLLOWING FINDINGS OF FACT:
I. The parcel on which the building is proposed is a fully conforming parcel under the
zoning regulations, with no unique conditions such as topography or restrictions that limit
its use.
2. The site in question is larger in all dimensions than the minimum requirements of the
code, and can accommodate many design and site planning options.
3. Reasonable use can be made of the property without variance with building architecture
that reflects the site.
4. Any difficulties in utilizing the site are the result of actions of the applicants through
design and use of the building.
Commissioner Hennesey asked if Findings of Fact 41 should read "with no unique conditions"
when the Commission just approved two variances based on unique conditions. Consultant
Planner Grittman replied that the intent of this finding is to speak to the variance requirements
but also to distinguish the variance as it applies to the building versus variance that applies to
other site improvements, such as parking. The reading of the application was that a building
Azrgrrst 27, 2013 llelydota Heights Plaliliilig Commission fleeting Page 5
could be done with very minor modifications to meet the setback requirements; however, the
parking issues were distinct from that because of the setbacks and how they impact the site
differently than how they impact the building. He believed that this finding did not raise any
conflicts between how the Commission treated the parking versus the building.
He suggested that finding 41 could be changed to read "with no unique conditions related to
building placement'.
COMMISSIONERS VIKSNINS AND NOONAN AGREED TO THE CHANGE OF FINDING
OF FACT 41.
AYES: 5
NAYS: 0
ABSENT: 2
Vice -Chair Hennes advised the City Council would consider this application at its September 3,
2013 meeting.
Verbal Review
Public Works Director /City Engineer John Mazzitello, gave the following verbal review:
PLANNING CASE 420 13 -08 Rebekah Villafuerte Conditional Use Permit
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE 420 13 -09 British Petroleum Fuel Setback Variances
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE 42013 -10 Curt Hopman Conditional Use Permit
• Approved by the City Council as recommended by the Planning Commission.
VICE -CHAIR HENNES ADJOURNED THE MEETING AT 7:45 P.M.
Azrgrrst 27, 2013 llelydota Heights Plaliliilig Commission fleeting Page 6
"1 El Wv 1 i.
I'Ll 901
5775 Wayzata Boulevard, Suite 555, Bt, ILouis Park, MN 55415
Telephone: 952.595.9636 Facsimile: 952.595.9837 play nersu riac lari,riiri .cor -c-i
MEMORANDUM
TO: Mendota Heights Planning Commission
FROM: Stephen W. Grittman
DATE: September 18, 2013
MEETING DATE: July 24, 2013
SUBJECT: Critical Area Permit for Construction of New Single Family
Home
CASE NO: NAC Case 254.04 — 13.14
APPLICANT(S): Jeff Tritch, on behalf of Paul and Shannon Burke
LOCATION: 645 Sibley Memorial Highway
ZONING: R -1 Single Family Residential
GUIDE PLAN: Low Density Residential
Background and Description of Request:
The applicant is seeking a Critical Area Permit to construct a new single family home on
a parcel along Sibley Memorial Highway. The proposed construction site is on a
relatively level portion of the property, generally in the area of the existing single family
home structure and a detached garage which sits near the top of the bluff.
Because the property is located within the Mississippi River Critical Area, a Critical Area
Permit is required for all of the improvements proposed. The structure will utilize the
existing driveway for access to Sibley Highway, extending it to the new garage, which
will be attached to the south /west side of the home, side loaded so garage doors will not
face the roadway.
The applicant notes that some of the existing landscaping on the site will be removed to
accommodate the new construction. However, the existing natural vegetation is being
retained, and additional landscaping is proposed. It would appear that overall
impervious surface on the property will be similar to the existing condition, and possibly
less, given the reduction in driveway area with the removal of the detached garage.
Analysis:
In the critical area, new construction and other land disturbance is required to comply
with the terms of the Critical Area Ordinance, and includes the following standards
applying to this application:
• Maximum building height of 25 feet (as measured from average front grade to
average roof height).
• No construction on slopes of greater than 18 %.
• No construction within 40 feet of the top of the bluff (defined as land that exceeds
40% slope).
• Use of natural, or natural - looking, materials wherever practical.
• Minimize visual impacts of the construction from view of the river.
The proposed home scales out at approximately 18 feet in height, to the midpoint of the
gabled roof, as defined by the ordinance. The building height is consistent with the
applicable zoning regulations. Moreover, the change from full two -story construction to
a single story building which is farther from the bluff line will enhance the site.
In this case, the proposed home will be located on an area of the lot that shows slopes
of approximately 2 -4 percent or less. The front yard area appears to be no more than
10 %. The existing driveway grade (on the south /west side of the lot) is similarly about
10% at its steepest point, and is not proposed to change.
Most significantly for this proposal, the new structure will meet the setback from the bluff
line (40 feet), and with the removal of the detached garage, all setbacks will be met,
improving the current condition.
The applicant proposes to use cedar siding and cedar shake shingles as the primary
building materials. All of these are consistent with the intent of the Critical Area
ordinance.
Finally, the site itself is visible from Sibley Memorial Highway, although it is obscured by
existing vegetation, most of which is to remain on the property. Existing vegetation
along the bluff also obscures the view of the site from the river, and no changes are
proposed to this area.
2
Action Requested:
Following a public hearing, the Planning Commission may consider one of the following
recommendations:
A. Approval of the Critical Area Permit for 645 Sibley Memorial Highway, based on
the draft findings attached to this report. With this recommendation, staff would
suggest the following conditions:
1. Compliance with the City's Land Disturbance Guidance Document.
2. Any further recommendations of the City Engineer regarding grading, erosion
and stormwater control.
B. Denial of the Critical Area Permit, based on a finding that alterations to the
property raise concerns over consistency with the Critical Area Ordinance.
Staff Recommendation:
Staff recommends approval of the Critical Area Permit as proposed, with the conditions
cited above. The proposal makes use of the property consistent with the R -1 zoning
regulations, and utilizes the property with the least impact on the vulnerable parts of the
property, such as the steeper areas to the rear. Reuse of the existing driveway will also
reduce impacts resulting from the construction. Finally, elimination of the existing
detached garage will result in a fully conforming site for purposes of setbacks and other
Critical Area regulations.
Supplementary Materials:
1. Application Materials
Draft Findings of Fact for Approval
Critical Area Permit
645 Sibley Memorial Highway
The required maximum building height of 25 feet (as measured from average
front grade to average roof height) is met by the proposal.
2. No construction will occur on slopes of greater than 18 %.
3. No construction will occur within 40 feet of the top of the bluff (defined as land
that exceeds 40% slope).
4. Use of natural, or natural - looking, materials wherever practical.
5. There are reduced visual impacts of the construction from view of the river.
4
645 Sibley Memorial Hwy
September 24, 2013
SCALE IN FEET
City of
Mendota
Heights
R7,
APPLICATION FOR CONSIDERATION
OF PLANNING REQUEST
City of
Mendota Heights
1101 Victoria Curve. Mendota Heights, Minnesota 5511$ (651) 452-1850 (651) 452-8940
Case No. S & f I W I r
Date of Application 2-2.h- @7
I Fee raid $ *W-Aea
Owner Name: FU
(Last) (First) M
Address:Y-7-L/ -5'e- C:1;
(Number & Street) (City) (State) (Zip Code)
Street Location of Property in Question:---
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
Type of Request:
❑ , , Rezoning
❑ Conditional Use Permit
Conditional User Permit for P.U.D.
❑ Preliminary/Final Plat Approval
❑ Comprehensive Plan Amendment
Applicable City Ordinance Number
Present Zoning of Property
F� Variance
❑ Subdivision Approval
❑ Wetlands Permit
Critical Area Permit
Other (attach explanation)
Section
Present Use
Proposed Zoning of Property Proposed Use
I hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and agents to inspect the aboyA-V)op%tY1uring dYVg,,4$4ujs.
Date Received
ature of
TRI[Tcn DESIGN
I? P;-i11)E'NT1A1, ARCIII'NE CQTt,'RE:
Nolan Wall
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Mr. Wall,
MST clients are designing a new home to be constructed at 645 Sibley Memorial Highwa -,T. They
have recently purchased the property and their intention is to build a new home.
CurrentIv a two story home occupies this property. MST client's intend to remove the existing
structures on the property which include the previously mentioned two story home and a detached
garage. Demolition Nvill also involve removing a concrete pad adjacent to the detached garage.
The detached garage and concrete pad are inside of the required 40' setback to the existing bluff.
We assume the age of the home indicates these structures Nvere built before bluff setbacks Nvere
enforced. After removal of these items the property Nvill comply Nvith current bluff setback
conditions.
The property has many trees and plantings of which most of them are native to the area. The
maj orit -,T is considered to be "natural" and undisturbed as it has been for many Nears on this
particular bluff overlooking Pickerel Lake and the Mississippi River. MST clients intend to keep the
natural amenities the property possesses while adding new complimentary plantings that a
Professional Landscape Architect has designed (plan provided). The previous oN -,ner had planted
deciduous and coniferous trees however some of these Nvill be removed to allow for the new home.
The Landscape Plan identifies the trees and shrubs to be removed as Nvell as new deciduous and
coniferous trees to be planted
Please let me know if you have any questions regarding the intended construction project my clients
are designing and preparing for.
Thank vou.
Jeff Tritch
2313 HUNTER DRIVE M CHANHA5SEN, MN 55317 ® 952.270.8028 M FAX 952,470.1695
www.TRITCHDESIGN.COM N JTRITCHCRMCHSLCOM
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he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
o . and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331&02.331A.0.and other applicable laws, asamended.
(B) The ph ^"
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which is attached was cut from the columns of said newspaper, and was printed and published once each
vveek, for l successive weeks; it was first published on 8lI0I)AY . the 8~^ day of
SEPTEMBER . 2013 . and was thereafter printed and published on every to and
including the ______day of . 20____ and printed below is a copy of the
lower case alphabet from Ato Z. both induoive, which is hereby acknowledged as being the size and kind of
type used in the composition and publication of the notice:
Subscribed and sworn ho before me on
this 9TH day of SEPTEMBER 13
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U Notary Public
BY: �" * -
TITLE LEGAL COORDINATOR
should bein the same size and kind of type eo the notice.
Notary Public
RATE INFORMATION
My Commission Expires Jan 31, 2015
(1) Lowest classified rate paid by
(2) Maximum rate allowed by law for the above matter .............................. �.............. $25OO per Col. inch
(3) Rate actually charged fontheabovenlatber -------------------. $ per Col. inch
1M3
CITY OF MENDOTA HEIGHTS
NOTICE OF HEAR_ ING
A PUBLIC HEARING ON A
REQUEST FORA CRITICAL
. A oc A- ocoeerr'M r1r)Ki. @TP1 WIT
nelgm5 wm mnGi ai r.vv r.1.., y1 —
.soon as :possible thereafter, on
Tuesday,,.September 24, 2013 in the
• City Hail .Council Chambers, 1101
Victoria?,Curve,` `Mendota Heights,
Minnesota, to- an
application from Paul and Shannon
Burke to construct; a single family
home , at 645 Sibley Memorial
Highway.. ,
This notice is pursuant to Title 12
(Zoning), Chapter 1 'of the Mendota
Heights City Code.Such persons as
desire to be heard with reference to
i this request will be heard at this
rneeting.�'
Lord Smith
City Clerk
(South -West Review: Sept. 8 2013)
270390015040 273765002040
643 SIBLEY MEMORIAL HWY M 1007 LONDON "D
ALEX A & KATHRYN SZCZEPANIAK KEVIN T & KAREN 3 MCMENIMR6
273765003060 270390015020
El 903 DOWNING ST M 647 SIBLEY MEMORIAL HWY
CHAD F & CAROLYN A TAYLOR MARCO & FRANCES A SCIBORA
r"
240300025011
CITY OF MAUL
270390015010
IM, 649 SIBLEY MEMORIAL HWY
MARCO & FRANCES ANN SCIBORA
273765003040
240300017020
273765004040
655 SIBLEY MEMORIAL HWY
��� mm im � 990 DOWNING ST
DAVID L & KATHLEEN E MOMMSEN
CURTIS & BONNIE COFFER
MARY A TRADER
270390011010 273765002020
DAVID L KATHLEEN E MOMMSEN 1.022 BROMPTON RL.
MICHAEL & ANGELIUE OHMES
273765003050
i 989 DOWNING
273765001010
1025 BROMPTON
JOAN R TSTE CALABRBWA
273765002030
1020 BR N
�rnj
273765002050
LONDON RD
N►O it ■ V CELESTE RILE1
270390015030
92 6i45 SIBLEY MEMORIAL
SHANNON
273765003020
Disclaimer: Flap and parcel data are believed to be accurate, but accuracy is not guaranteed. This Is not Map 'Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 1076 feet.
verification. Dakota County assumes no legal responsibility for the information contained in this data, 9/3/2013
276320000010
273765003040
635 SIBLEY MEMORIAL HWY
1004 LONDON RID
DAVID L & KATHLEEN E MOMMSEN
MICHAEL D TSTE DOOLEY
273760001010
273765003070
r
656 SIBLEY MEMORIAL HWY
IM
1001 DOWNING ST
GAIL I LEWVELLAN
MICHAEL T & KATHERIN NOYES
273765003050
i 989 DOWNING
273765001010
1025 BROMPTON
JOAN R TSTE CALABRBWA
273765002030
1020 BR N
�rnj
273765002050
LONDON RD
N►O it ■ V CELESTE RILE1
270390015030
92 6i45 SIBLEY MEMORIAL
SHANNON
273765003020
Disclaimer: Flap and parcel data are believed to be accurate, but accuracy is not guaranteed. This Is not Map 'Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 1076 feet.
verification. Dakota County assumes no legal responsibility for the information contained in this data, 9/3/2013