Res 2012- 30 Deny Variance to ROW Width Foxwood Lane Bader PropertyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012 -30
A RESOLUTION DENYING A VARIANCE TO THE RIGHT OF WAY WIDTH FOR
FOXWOOD LANE
WHEREAS, Michael and Michelle Bader (collectively, "Bader ") own property ( "Bader
Property ") adjacent to Foxwood Lane in the City of Mendota Heights ( "City ");
WHEREAS, Bader has applied for a variance from the City's 60 -foot right -of -way width
requirement pursuant to Planning Application 2012 -07, to allow Foxwood Lane to be upgraded
within the existing 50 -foot right -of -way;
WHEREAS, Bader has indicated that Bader intends to subdivide the Bader Property at
some point in the future but a formal subdivision application has not yet been provided to the
City;
WHEREAS, any subdivision of the Bader Property would require upgrades to Foxwood
Lane and Bader has asked the City to consider the variance request before incurring the costs and
expenses associated with developing a detailed subdivision plan;
WHEREAS, any subdivision request will need to be separately evaluated by the City for
compliance with other sections of the City's Code and standards;
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
application at their regular meeting February 28, 2012;
WHEREAS, the public hearing on this application was held open until the regular
meeting of the Mendota Heights Planning Commission on April 24, 2012;
WHEREAS, the planning commission recommended that the city council approve the
variance as requested in planning case 2012 -07; and
WHEREAS, the City Council considered the recommendation of the Planning
Commission, along with all of the other materials provided by the applicant, staff, neighbors and
members of the public at its regular City Council meeting on May 1, 2012.
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a
variance to maintain an existing 50 -foot wide right -of -way width for Foxwood Lane when it is
upgraded as proposed in planning case 2012 -07 is hereby DENIED based on the following
findings of fact:
1. The need for a variance only arises in the event that the Bader Property is subdivided and
therefore, the City will not consider the variance request separately from a subdivision
request.
2. Without the opportunity to review a complete subdivision application, the City Council
cannot determine whether allowing Foxwood Lane to be upgraded within the existing 50-
foot right -of -way is a reasonable use of the subject land.
3. The practical difficulties associated with acquiring additional right -of -way are merely
economic in nature.
4. The applicant has failed to demonstrate that no viable alternatives for access to the Bader
Property exist.
5. The City Council cannot reasonably determine whether granting of the variance to allow
Foxwood Lane to be upgraded within the existing right -of -way will be detrimental to the
public welfare or injurious to other property in the area where the Bader Property is
located because the City does not have sufficient information regarding the potential
traffic impact of a future subdivision on the upgraded road.
6. The City Council cannot reasonably determine whether the granting of the variance to
allow Foxwood Lane to be upgraded within the existing right -of -way is consistent with
the nature and character of the surrounding neighborhood because the applicant has not
provided sufficient information on what the character and nature of the neighborhood will
be following subdivision of the Bader Property.
7. The City Council cannot determine whether upgrading Foxwood Lane within the existing
right -of -way would constitute a reasonable use of the subject land, consistent with the
City's Comprehensive Plan.
Adopted by the City Council of the City of Mendota Heights this first day of May 2012.
CITY COUNCIL
ATTEST CJTY, OF MENDOTA HEIGHTS
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Justin Miller, Acting City Clerk (Z-- an a Krebs
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