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Res 2004- 41 Approving @2050 Theresa StreetCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 -41 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SIX -FOOT HIGH FENCE AT 2050 THERESA STREET WHEREAS, Mr. Tom Stute has applied for a Conditional Use Permit for a Six -Foot High Fence at 2050 Theresa Street (The North 40 Feet of Lot 24, and All of Lot 25, Block 3, Curley's Valley View, According to the Record Plat of Dakota County, 27- 19100- 250 -03) as proposed in Planning Case #04 -21; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on June 22, 2004; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit for a Six -Foot High Fence as presented to the Planning Commission on the evening of June 22, 2004 and as shown in Planning Case #04 -21, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Pen-nit for a Six-Foot High Fence for 2050 Theresa Street as proposed in Planning Case #04 -21 is hereby approved on the following conditions: 1. The fence shall meet the 30% open requirement and shall consist of cedar and chain link as presented by the applicant to the Planning Commission at their June 22, 2004 meeting. 2. The fence must be constructed entirely on the applicant's property, unless the applicant submits to the City permission from both the property owner to the east and the property owner to the south in writing that allows the applicant to construct the fence on the east and south lot lines as shown in the application materials. BE IT FURTHER RESOLVED that the Conditional Use Permit for a Six -Foot High Fence for 2050 Theresa Street as proposed in Planning Case #04 -21 under the above conditions 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 6th day of July, 2004. ATTEST: CITY CO CIL CITY OTA GHTS By a,�h �� — By Katl een M. Swanson, City Clerk J a