Request for Planning Commission Action

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1 MEETING DATE: June 28, 2016 TO: FROM: Request for Planning Commission Action Planning Commission Nolan Wall, AICP Planner SUBJECT: Planning Case Lot Line Adjustment 1787 Lexington Avenue/PID# Introduction COMMENT: The applicant, on behalf of both property owners, is seeking approval to adjust a shared interior lot line and vacate an existing drainage and utility easement. The request requires City Council approval before being recorded by Dakota County. Background The property owners of 1787 Lexington Avenue are interested in selling 5,187 square feet of the existing rear yard to the owners of the adjacent, undeveloped parcel, who reside at 1122 Orchard Circle. The existing accessory structures will be removed and the proposed adjustment does not cause any nonconformities on either lot. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Recommendation Staff recommends the Planning Commission discuss the request in this case and make a recommendation to the City Council. Action Required This matter requires a simple majority vote.

2 DATE: June 28, 2016 TO: FROM: Planning Staff Report Planning Commission Nolan Wall, AICP Planner SUBJECT: Planning Case Lot Line Adjustment APPLICANT: Maris Kurmis PROPERTY ADDRESS: 1787 Lexington Avenue/PID# ZONING/GUIDED: ACTION DEADLINE: DESCRIPTION OF THE REQUEST R-1 One-Family Residential/LR-Low Density Residential August 14, 2016 (60 days) The applicant, on behalf of both property owners, is seeking approval to adjust a shared interior lot line and vacate an existing drainage and utility easement. The request requires City Council approval before being recorded by Dakota County. BACKGROUND The property owners of 1787 Lexington Avenue (Vals Addition, Lot 5, Block 2) are interested in selling 5,187 square feet of the existing rear yard to the owners of the adjacent, undeveloped parcel (Vals Addition, Lot 6, Block 2), who reside at 1122 Orchard Circle. According to both parties, the natural topography of the area in-question is better-suited to be located on Lot 6 and would ensure the existing vegetative buffer remains between the properties. ANALYSIS Comprehensive Plan The subject parcels are guided LR-Low Density Residential in the 2030 Comprehensive Plan. The request to adjust portions of two adjacent existing single-family residential parcels is consistent with the continued use of both parcels as low density residential uses. Lot Line Adjustment Title of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. As shown in the table below, based on the attached survey, the proposed lot line adjustment does not create any non-conformities with the applicable R-1 District lot standards:

3 R-1 Zoning District Lot 5 Lot Lexington Avenue PID# Standard Existing Proposed Existing Proposed Lot Area 15,000 SF 65,081 SF 59,894 SF 16,544 SF 21,731 SF Lot Width ft feet feet Front Yard Setback 30 ft. 213 feet Side Yard Setback Rear Yard Setback 10' on each side or 1 / 2 of the height of the structure contiguous to the side yard, whichever is greater, to a maximum of 15' 30' or 20% of the average lot depth, whichever is greater 50.4 feet (north) 61.5 feet (south) feet 94.6 feet N/A - undeveloped 1 The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30') of the lot depth Based on the existing conditions and the proposed lot line adjustment, only the rear yard setback on Lot 5 is impacted. According to the applicable setback standard, which is 20% of the average lot depth, the required rear yard setback is feet. The existing structure is located 94.6 feet from the new rear property boundary line and is compliant with the setback standard. The accessory structures noted on survey are proposed to be removed and a corresponding condition of approval is included to ensure no additional non-conformities are created by the proposed adjustment. The requested vacation of the existing drainage and utility easement running along the interior lot line will be transferred to the new line, as included in the proposed legal descriptions. In addition, the existing drainage and utility easement running along the northern property boundary line of Lot 6 will be extended across the entirety of the expanded parcel. ALTERNATIVES 1. Recommend approval of the subdivision request, including the drainage and utility easement vacation, based on the attached finding of fact, with conditions. OR 2. Recommend denial of the subdivision request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. OR 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT STAFF RECOMMENDATION Staff recommends approval of the subdivision request, including the drainage and utility easement vacation, based on the attached findings of fact (Alternative 1), with the following conditions: 1. Upon closing on the sale of the property, the property owners shall file the appropriate documents to record the proposed adjustment with Dakota County.

4 2. The property owners shall dedicate the required drainage and utility easement along the new interior side lot line and extend the existing drainage and utility easement along the new north property boundary line on Lot 6, as shown on the Certificate of Survey, with Dakota County. 3. All existing accessory structures shown on the Certificate of Survey will be removed prior to recording the proposed adjustment with Dakota County. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials

5 FINDINGS OF FACT FOR APPROVAL Lot Line Adjustment 1787 Lexington Avenue/ PID# The following Findings of Fact are made in support of approval of the lot line adjustment request in this case: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed adjustment will not cause any non-conformities on either parcel, based on the applicable zoning district standards. 3. The existing accessory structures on Lot 5 will be removed, so as not to create any non-conformities on Lot 6 as a result of the proposed adjustment. 4. The area in-question is better-suited to be included as part of Lot 6 due to the existing conditions.

6 Planning Case Lexington Avenue City of CT KINGSLEY CIR S LEXINGTON AVE KIN Y LE GS SCALE IN FEET Date: 6/8/2016 Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at for utility locations, 48 hours prior to any excavation.

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11 Alice H Dickinson 1115 Kingsley Cir S Ann M Hathaway 1146 Kingsley Ct S Arthur H & Judith Koch 1147 Kingsley Ct Barbara Kay Tste Nelson 1081 Marie Ave W Bernice A Tste Bordenave 805 Las Cruces Ct Lady Lake Fl Brian E & Joanne J Mullen 1122 Orchard Cir Saint Paul Mn Charles & Kathryn Cunningham 1138 Kingsley Cir N Saint Paul Mn City of Mendota Heights 1101 Victoria Curv Saint Paul Mn Craig K & Cathy St John 1144 Kingsley Ct Daniel P McCollar 1089 Overlook Rd Saint Paul Mn David Olin 1140 Orchard Pl Dennis J & Bonnie J Finn 1157 Kingsley Ct Eduardo Chavez 1068 Cullen Ave Mendota Heights Mn Edward C & Virginia Stringer 1135 Kingsley Cir S Edward G III & Luann Hames 1136 Kingsley Cir N Edward T Evans 1137 Kingsley Cir S Eric C & Joanna R Hesse 1083 Overlook Rd Erna G Tste Dawson 1164 Kingsley Ct S Fred & Karen Gordon 1135 Orchard Cir Saint Paul Mn Gareth J & Tamara J St John 7 Mears Ave Geoffrey A Mason 1791 Overlook Ln Saint Paul Mn Gerald A & Marilyn F Strommen 1128 Orchard Cir Saint Paul Mn Harriette Fae Tste Rutstein % Harold Ramon Rutstein 1155 Kingsley Ct Ivan J Posthumus 1091 Marie Saint Paul Mn James & Catherine Obrien 1118 Kingsley Cir N James Loving 1851 Orchard Hl James W Tste Reagan 1410 Ocean Blvd S Apt S4 Pompano Beach Fl Jane D Tste Freeman 1166 Kingsley Ct Jay C Phillips 1127 Orchard Pl Saint Paul Mn Joanne & Brian Mullen 1122 Orchard Cir -4146

12 John S & Kattie E Huberty 1140 Orchard Cir Jonathan C & Abigail Gewirtz 1088 Overlook Rd Saint Paul Mn Judith Ann & Paul Ed Rhein 1116 Kingsley Cir N Kristin Coleen Reilly 1779 Overlook Ln Leon G Vig 1758 Lexington Ave S Saint Paul Mn Martin H & Karole K Abelovitz 1850 Orchard Hill Matthew C Camp 1127 Kingsley Cir S Meredith B Tste Alden 1156 Kingsley Ct Nancy H Tste Punch North Cordova Ln Rio Verde Az Patrick & Kathleen Stead 1117 Kingsley Cir S Paul G & Elaina K Perleberg Fremont Ave S Minneapolis Mn Paul G & Lisa M B Dorn 1129 Orchard Circle Ralfs H & Mary Lou Mikelsons 108 Union Ct Ne Renton Wa Ralph W & Pamela Nordstrom 1139 Orchard Pl Saint Paul Mn Richard J & Jane C Gatti 1126 Kingsley Cir N Mendota Hts Mn Robert G Fogt 1145 Orchard Pl Saint Paul Mn Robert J & Susan A Hughes 1117 Orchard Pl Unit 1117 Saint Paul Mn Robert J & Susan A Hughes 1117 Orchard Pl Unit 1117 Saint Paul Mn Robert M & Ann M Jones 1167 Kingsley Ct S Roger K & Nona Mosvick 1133 Orchard Pl Saint Paul Mn Roy & Delores Henderson 1095 Overlook Rd Saint Paul Mn Ruth W Hinsch 1125 Kingsley Cir S Shawn P & Angela M Woessner 1134 Orchard Cir Sherry Essen 1143 Orchard Cir Stevan C & Eve R Kafitz 1094 Overlook Rd Saint Paul Mn Thomas C Kelly 1849 Orchard Hill Thomas E & Nancy Ann Johnson 1154 Kingsley Ct S Thomas J & Julie A Prodahl 1124 Orchard Pl Thomas R & Teresa J Tschida 1794 Lexington Ave S Saint Paul Mn Vincent E Eilers 1165 Kingsley Ct

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