Res 2004- 81 Denying Critical Area Permit @645 Sibley Memorial HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 04 -' 81
A RESOLUTION DENYING A CRITICAL AREA
PERMIT AND VARIANCE
FOR FRONT YARD SETBACK
WHEREAS, Mr. Paul Haggerty applied for a Critical Area Permit and Front Yard
Setback Variance for a Front Porch and Rear Deck at 645 Sibley Memorial Highway, a property
located within the Critical Area Overlay District of the Mississippi River (the "Critical Area "), as
proposed in Planning Case #04 -31; and
WHEREAS, The City Council addressed a different request from the applicant for the
same variance and Permit at its meeting on May 6, 200' :) and at that time required the applicant to
perform restoration of the damage to the Critical Area caused by the applicant without a permit
or permission from the City; and
WHEREAS, The applicant has failed to address the previous damage caused to the
Critical Area to the satisfaction of the City and Minnesota Department of Natural Resources; and
WHEREAS, The Planning Commission held a public hearing on this application at their
regular meeting on August 24, 2004; and
WHEREAS, The Planning Commission voted 2 -2 (with three Commissioners excused
from the meeting) to recommend that the Council approve the Critical Area Permit and Front
Yard Setback Variance as presented to the Planning Commission on the evening of August 24,
2004 and as shown in Planning Case #04 -31. (Because of the tie vote that motion failed.); and
WHEREAS, The City Council at its regularly scheduled meeting on October 5, 2004,
heard the applicant's request and voted to deny the application for a Critical Area Permit and
Front Yard Setback Variance.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the application for a Critical Area Permit and a Front Yard Setback
Variance at 645 Sibley Memorial Highway are hereby denied based on the following:
1. The denial of a Critical Area Permit will help prevent and mitigate further
irreversible damage to the Critical Area, the preservation and enhancement of
which is in furtherance of the health, safety, and general welfare of the city; and
2. The proposed porch and deck would not be consistent with the natural
characteristics of the Critical Overlay District; and
3. The failure of the applicant to mitigate the previous damage along with the
proposed development has caused and would cause, respectively, the view of the
developed slope from the river and opposite river bank to be incompatible with
the natural appearance of the previously undisturbed slope; and
4. The applicant has previously violated the ordinance's prohibition on clear cutting
and has not taken the restorative measures which he was required to do pursuant
to the request of the Council adopted at its regularly scheduled meeting on May 6,
2003.
5. There is no evidence that strict enforcement of the zoning ordinance would cause
undue hardship justifying a variance from the recommended front yard set back;
and
6. The granting of the variance will be contrary to the public interest or damaging to
the rights of other persons or to property values in the neighborhood; and
7. The applicant did not meet his burden of proving that no other reasonable design
solution exists; and
8. These fmdings are consistent with the City's Resolution 03 -38, a Resolution
Denying a Critical Area Permit for a Landscape Plan and Rear Deck at 645 Sibley
Memorial Highway as proposed in Planning Case 03 -15; and
BE IT FURTHER RESOLVED that the Critical Area Permit and Front Yard Setback
Variance for 645 Sibley Memorial Highway as proposed in Planning Case #04 -31 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 19th day of October, 2004.
ATTEST: CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By_ 01�
Kath een M. Swanson, City Clerk J ber, ayor
21520260