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Res 2004- 54 Approving CUP @ 949 Mendota Heights RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04-54 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR AN AIR-SUPPORTED STRUCTURE AND ACCESSORY BUILDING AT 949 MENDOTA HEIGHTS ROAD WHEREAS, Mr. Robert Ostlund of Saint Thomas Academy has applied for a Conditional Use Permit and Variances for an Air-Supported Structure and Accessory Building at 949 Mendota Heights Road (PIN 27-03500-010-51 Plat Name: Section 35 Township 28 Range 23 NE 1/4 of SW i/4 Ex N 198 Feet of East 636 Feet) as proposed in Planning Case #04-29; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on July 27, 2004; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit and Variances for an Air-Supported Structure and Accessory Building as presented to the Planning Commission on the evening of July 27, 2004 and as shown in Planning Case #04-29. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit and Variances for an Air- Supported Structure and Accessory Building for 949 Mendota Heights Road as proposed in Planning Case #04-29 is hereby approved on the following conditions: 1. The Conditional Use Permit for the Air-Supported Structure is for a period of three years, with the option of extension for an additional three years with Council approval, for a maximum of six years. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the Variances to the Limitation on the Number and Total Square Footage of Accessory Structures for 949 Mendota Heights Road as proposed in Planning Case #04- 29 are hereby approved based on the following considerations: 1. The Variances are necessary in order to put the property to reasonable use given that reasonable institutional use of the large site requires accessory buildings that exceed the regulations of the zoning ordinance, which are written with residential development in mind. 2. There are unique circumstances pertaining to the applicant's property not caused by the owner that create a sufficient hardship to justify the Variances including the imposition of zoning ordinances intended to regulate residential uses, when the institutional use is allowed and may be different. 3. The Variances will not alter the essential character of the neighborhood because the institutional nature of the overall site use will not change. BE IT FURTHER RESOLVED that the Conditional Use Permit and Variances for an Air-Supported Structure and Accessory Building for 949 Mendota Heights Road as proposed in Planning Case #04-29 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 the City of Mendota Heights This 3rd day of August, 2004. ATTEST: By — �A �o��� Kathl nM. Swanson, City CITY COUNCIL CITY OF N7T HE G TS By John