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Res 2004- 38 Approving Variance @ 2361 Apache CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 -38 A RESOLUTION APPROVING A TWO -FOOT FRONT YARD SETBACK VARIANCE FOR A DORMER OVER THE FRONT DOOR AT 2361 APACHE COURT WHEREAS, Mr. Eugene Priborkin has applied for a Two -Foot Front Yard Setback Variance for a Dormer over the Front Door at 2361 Apache Court (Lot 9, Block 5 Delaware Crossing, PID 27- 19850- 090 -05) as proposed in Planning Case #04 -18; 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 Two -Foot Front Yard Setback Variance for a Donner over the Front Door as presented to the Planning Commission on the evening of June 22, 2004 and as shown in Planning Case #04 -18, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Two -Foot Front Yard Setback Variance for a Dormer over the Front Door for 2361 Apache Court as proposed in Planning Case #04 -18 is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights _ that this Two -Foot Front Yard Setback Variance for a Dormer over the Front Door for 2361 Apache Court as proposed in Planning Case #04 -18 is hereby approved based on the following considerations: The variance is necessary in order to put the property to reasonable use given the position of the current structure on the lot. 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 position of the current structure on the lot. The variance will not alter the essential character of the neighborhood because the view of the house from the front will not be changed significantly. BE IT FURTHER RESOLVED that the Two -Foot Front Yard Setback Variance for a Dormer over the Front Door for 2361 Apache Court as proposed in Planning Case #04-18 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 COUNCIL�41 CITY O - RPNRATA H61ITS By 4Gr�G'Pi By Kat een M. Swanson, City Clerk JoI