Res 2004- 49 Approving Permits @ 1588 South Victoria RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04-49
A RESOLUTION APPROVING
A CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, AND VARIANCE
TO THE LIMITATION ON THE NUMBER OF ACCESSORY STRUCTURES
FOR AN OUTDOOR SHELTER AT 1588 SOUTH VICTORIA ROAD
WHEREAS, Mr. Ron Ettinger has applied for a Critical Area Permit, Conditional
Use Permit, and Variance to the Limitation on the Number of Accessory Structures for an
Outdoor Shelter at 1588 South Victoria Road (Section 23 Township 28 Range 23 Pt of
SWIA of NEIA Lying SW of State Hwy # 3 )5E Subject to Victoria Road) as proposed in
Planning Case #04-11; 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 Critical Area Permit, Conditional Use Permit, and Variance to the Limitation
on the Number of Accessory Structures for an Outdoor Shelter as presented to the
Planning Commission on the evening of July 27, 2004 and as shown in Planning Case
#04-11,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Critical Area Permit, Conditional Use Pen-nit, and
Variance to the Limitation on the Number of Accessory Structures for an Outdoor Shelter
for 1588 South Victoria Road as proposed in Planning Case #04-11 is hereby approved.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this Critical Area Permit, Conditional Use Permit, and Variance to the
Limitation on the Number of Accessory Structures for an Outdoor Shelter for 1588 South
Victoria Road as proposed in Planning Case #04-11 is hereby approved based on the
following considerations:
1. The variance is necessary in order to put the property to reasonable use given that the
purpose of weather protection for students and reduction of traffic concerns make the
additional accessory structure a reasonable use of the property.
2. There are unique circumstances pertaining to the applicant's property not caused by
the owner including the proximity to the Critical Area and topography that create a
sufficient hardship to justify the variance.
3. Granting of this variance will not alter the essential character of the neighborhood
because the size, massing and views of the structure will not change significantly.
BE IT FURTHER RESOLVED that the Critical Area Pen-nit, Conditional Use
Permit, and Variance to the Limitation on the Number of Accessory Structures for an
Outdoor Shelter for 1588 South Victoria Road as proposed in Planning Case #04-11
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: CITY COUN
CITY OF E T S
B y By
Ke�X ay � r,l
Kathleen AASwanson, City Clerk John H
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