Res 2004- 40 Approving Variance @ 562 Freemont AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 04-40
A RESOLUTION APPROVING
A SIDE YARD SETBACK VARIANCE
FOR A DRIVEWAY REPLACEMENT AT 562 FREEMONT AVENUE
WHEREAS, Mr. Antonio Postiglione has applied for a Side Yard Setback
Variance for a Driveway Replacement at 562 Freemont Avenue
(Garden Lane Addition 3, 27-28900-030-00) as proposed in Planning Case #04-20; 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 Side Yard Setback Variance for a Driveway Replacement as presented to the
Planning Commission on the evening of June 22, 2004 and as shown in Planning Case
#04-20,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Side Yard Setback Variance for a Driveway Replacement
for 562 Freemont Avenue as proposed in Planning Case #04-20 is hereby approved on
the following conditions:
1. The driveway shall be located in the same location with the same width and
length as that of the existing driveway.
2. The new driveway shall be surfaced with concrete or bituminous surface.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this Side Yard Setback Variance for a Driveway Replacement for 562
Freemont Avenue as proposed in Planning Case #04-20 under the above conditions is
hereby approved based on the following considerations:
The variance is necessary in order to put the property to reasonable use. Due to the
existing conditions of the site, a variance is needed to have reasonable use of the
existing tuck-under garage given the original location of the house on the 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 given the original
location of the house on the lot.
3. The variance will not alter the essential character of the neighborhood and will not
increase upon the existing non-conformities from the same side of the lot as the
driveway.
BE IT FURTHER RESOLVED that the Side Yard Setback Variance for a
Driveway Replacement for 562 Freemont Avenue as proposed in Planning Case #04-20
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.
M44-11-a-9
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL