Res 2004- 95 Approving Variance @ 540 Wentworth AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04-95
A RESOLUTION APPROVING
A 13-FOOT REAR YARD SETBACK VARIANCE
FOR A THREE-SEASON PORCH FOR TOM GARRETT
AT 540 WENTWORTH AVENUE
WHEREAS, Tom Garrett have applied for a 13-Foot Rear Yard Setback
Variance for a Three-Season Porch at 540 Wentworth Avenue [West 150 Feet Lot 3,
Block 1 Wallner-Joyce Estates] as proposed in Planning Case #04-46; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on November 23, 2004; and
WHEREAS, The Planning Commission voted to recommend that the Council
approve the 13-Foot Rear Yard Setback Variance for a Three-Season Porch as presented
to the Planning Commission on the evening of November 23, 2004 and as shown in
Planning Case #04-46.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the Council approves the 13-Foot Rear Yard Setback
Variance for a Three-Season Porch, as presented to the Council on the evening of
December 7, 2004 and as shown in Planning Case #04-46.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this 13-Foot Rear Yard Setback Variance for a Three-Season Porch, as
presented to the Council on the evening of December 7, 2004 and as shown in Planning
Case #04-46 is hereby approved based on the following considerations:
1. The variance is necessary in order to put the property to reasonable use.
2. There are unique circumstances pertaining to the applicant's property not caused
by the owner that create a sufficient hardship to justify the variance.
3. The variance will not alter the essential character of the neighborhood.
4. A hardship exists in putting the property to reasonable use under the ordinance.
Without a porch addition on the south side of the house, the reasonable use of the
property cannot be made.
5. The extraordinary rear setback requirements (20% of lot depth) contribute to the
definition of hardship on this parcel.
6. The essential character of the neighborhood would be maintained by granting the
setback variance.
BE IT FURTHER RESOLVED that this 13-Foot Rear Yard Setback Variance
for a Three-Season Porch for 540 Wentworth Avenue as proposed in Planning Case #04-
46 would not have an adverse impact on the health, safety, and general welfare of the
citizens of the community and the surrounding land, and would not be adverse to the
general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
This 7th day of December, 2004.
ATTEST:
B
y
'athllen M. Swanson, 1�_ onCity Clerk
CITY COUNCIL
CITY OF MEN-I)OTA HEfGHTS
By
John