Res 2004-108 Denying Variance @ 1167 Dodd RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04-108
A RESOLUTION DENYING A LOT WIDTH VARIANCE
AND 20-FOOT REAR YARD SETBACK VARIANCE FOR A NEW HOME
FOR ROBERT ALVAREZ AT 1167 DODD ROAD
WHEREAS, Robert Alvarez has applied for a 20-Foot Rear Yard Setback for a
New Home at 1167 Dodd Road [Kirchner Addition Lot 9] as proposed in Planning Case
#04-44; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on November 23, 2004 and indicated that the City Council also
consider a Lot Width Variance;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that this Lot Width Variance and Twenty-Foot Rear Yard
Setback Variance for A New Home, as presented to the Council on the evening of
December 7, 2004 and as shown in Planning Case #04-44 are hereby denied.
BE IT FURTHER RESOLVED that in support of the above denial, the Council
hereby makes the following Findings of Fact:
Neither the Lot Width Variance nor the Twenty-Foot Rear Yard Setback Variance
is necessary in order to put the property to reasonable use. The applicant would
be capable of building a home with an adequate footprint without either variance
and the Council has determined that there are a multitude of alternative
configurations for use of the lot that were discussed with the applicant by Staff
and the Council; and
2. The particular configuration and topography of the applicant's lot is not
necessarily unique enough as to create a sufficient hardship to justify either the
Lot Width Variance or the Twenty-Foot Rear Yard Setback Variance. The
Council finds that other configurations and uses are available to the applicant and
neither variance is justified.
3. The Council finds that granting either the Lot Width Variance or the Twenty-Foot
Rear Yard Setback Variance would alter the essential character of the
neighborhood based on the receipt of testimony from neighbors and review of the
plans such that an overcrowding of dwelling units would occur and a potential
unsafe traffic condition might be created with driveways potentially too close to
each other.
BE IT FURTHER RESOLVED that both the Lot Width Variance and the
Twenty-Foot Rear Yard Setback Variance for a New Home for 1167 Dodd Road as
proposed in Planning Case #04-44 under the above conditions would have an adverse
impact on the health, safety, and general welfare of the citizens of the community and the
surrounding land, and would be adverse to the general purpose and intent of the Zoning
Ordinance.
Adopted by the City Council of the City of Mendota Heights
This 21st day of December, 2004.
ATTEST:
By
KatWen M. Swanson, City Clerk
CITY COUNCIL
CITY OF