Res 2004- 94 Approving Variance @ 1003 Delaware AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04-94
A RESOLUTION APPROVING A 10-FOOT SIDE YARD SETBACK VARIANCE
FOR A HOME ADDITION FOR FRANK MATTHEWS
AT 1003 DELAWARE AVENUE
WHEREAS, Frank Matthews have applied for a 10 -Foot Side Yard Setback
Variance for a Home Addition at 1003 Delaware Avenue [McDonnell PR Addition, Lot
2, Block 1, PID=27-47700-020-01 ] as proposed in Planning Case #04-45; 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 10 -Foot Side Yard Setback Variance for a Home Addition as presented to the
Planning Commission on the evening of November 23, 2004 and as shown in Planning
Case #04-45 tinder certain conditions.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the Council approves the 10 -Foot Side Yard Setback
Variance for a Home Addition, as presented to the Council on the evening of December
7, 2004 and as shown in Planning Case #04-45 on the following conditions:
1. The applicant shall submit a revised site plan showing the ability to construct a future
stall onto the garage thereby bringing it into conformance with the zoning ordinance.
2. The applicant shall install gutters on the north side of the proposed addition to direct
water away from the neighboring property. The applicant shall work with City staff
to ensure that drainage is contained on the applicant's property.
3. No portion of the addition shall extend over the lot line.
4. The applicant shall submit a survey by a registered surveyor showing the proposed
addition and the nearest property line, demonstrating that the entire addition,
including any roof overhang, gutter, etc., shall be entirely within the applicant's own
property at 1003 Delaware Avenue and shall not encroach upon the neighboring
property. This survey shall be approved by City Staff prior to the issuance of a
building permit.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this 10 -Foot Side Yard Setback Variance for a Home Addition, as presented
to the Council on the evening of December 7, 2004 and as shown in Planning Case #04-
45 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. The property dimensions and the existing house location and layout cause for a
hardship in providing reasonable use of the site without a variance from the side
yard setback requirement.
5. Planning Staff recommends approval of the requested variance. The site is
extremely substandard in lot width and area. As such, there are limited
alternatives available to locate an addition. The existing home is very small and
in need of additional living space. There does not appear to be any other
reasonable alternative to locate an addition. Requiring installation of gutters on
the north side of the building, and controlling the downspout drainage, should
minimize any impact that the reduced setback might have on the neighboring
property.
BE IT FURTHER RESOLVED that this 10 -Foot Side Yard Setback Variance
for a Home Addition for 1003 Delaware Avenue as proposed in Planning Case #04-45
d
under the above conditions would not have an adverse imp act on the health, safety, an
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.
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