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Res 2004- 66 Approving CUP @ 546 Hiawatha AvenueCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04-66 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND FIVE-FOOT SIDE YARD SETBACK VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE AT 546 HIAWATHA AVENUE WHEREAS, Mr. Gregory Hoffmeyer has applied for a Conditional Use Permit and Variance to Replace an Existing Detached Garage at 546 Hiawatha Avenue [The west 32 feet of Lot 10 and the cast 16 feet of Lot 11, Block 3 of C.D. Pierce's Addition to Saint Paul, PIN=27-57500-1 10-03] as proposed in Planning Case #04-34; 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 to recommend that the Council approve the Conditional Use Permit and five-foot side yard setback variance to replace an existing detached garage as presented to the Planning Commission on the evening of August 24, 2004 and as shown in Planning Case #04-34, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit and five-foot side yard setback variance to replace an existing detached garage for 546 Hiawatha Avenue as proposed in Planning Case #04-34 is hereby approved on the following condition: 1. A gutter system shall be installed on the west side of the garage. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that this Conditional Use Pen-nit and five-foot side yard setback variance to replace an existing detached garage for 546 Hiawatha Avenue as proposed in Planning Case #04-34 is hereby approved under the above condition based on the following considerations: 1. The variance is necessary in order to put the property to reasonable use because if the new garage were located further to the center of the rear yard, it would make it difficult to access that garage due to the narrow lot. 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 because if the new garage were located further to the center of the rear yard, it would make it difficult to access that garage due to the narrow lot. 3. The variance will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Conditional Use Permit and Five-foot side yard setback variance to Replace an Existing Detached Garage for 546 Hiawatha Avenue as proposed in Planning Case #04-34 under the above condition 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 th This 7th day of September, 2004. ATTEST: By — - -'f K athen MS wanC erk c City of Mendota Heights CITY COUNCIL CITY OF T " HTS By John6 '