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Res 2004- 27 Approving Variances @ 2138 Aztec LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 04-27 A RESOLUTION APPROVING A ONE-FOOT SIDE YARD SETBACK VARIANCE AND FIVE-FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE EXPANSION AT 2138 AZTEC LANE WHEREAS, Mr. Robert J. Inserra has submitted a variance application for a garage expansion at 2138 Aztec Lane (Lot 6, Block 5, Friendly Hills, Dakota County, Minnesota, PIN = 27-27800-060-05) as proposed in Planning Case #04-10; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on April 27, 2004; and WHEREAS, The Planning Commission voted to recommend that the Council approve a One-Foot Side Yard Setback Variance and Five-Foot Front Yard Setback Variance for a Garage Expansion as recommended by the Planning Commission on the evening of April 27, 2004 and as shown in Planning Case #04-10, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a One-Foot Side Yard Setback Variance and a Five-Foot Front Yard Setback Variance to expand the garage to a distance of 25 feet from the front lot line at 2138 Aztec Lane as proposed in Planning Case #04-10 is hereby approved on the following conditions: 1. The One-Foot Side Yard Setback Variance is only for the purpose of accommodating the increase in the height of the house caused by the second story addition and is not meant to allow the applicant to physically move the wall of the garage any closer to the southern side lot line. 2. The Five-Foot Front Yard Setback Variance to expand the garage to a distance of 25 feet from the front lot line is conditioned upon the applicant installing only one 16-foot wide garage door for vehicle access to the expanded garage, as represented to the Council by the applicant at the Council meeting on May 4, 2004. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that this One-Foot Side Yard Setback Variance and a Five-Foot Front Yard Setback Variance to expand the garage to a distance of 25 feet from the front lot line at 2138 Aztec Lane as proposed in Planning Case #04-10 are hereby approved based on the following considerations: I . These variances are necessary in order to put the property to reasonable use. The request for encroachment within the front yard setback area is appropriate due to the non-conforming sizes of the existing garage and lot. 2. The non-conforming sizes of the existing garage and lot constitute unique circumstances pertaining to the applicant's property not caused by the owner. The small lot size severely restricts the potential expansion of the applicant's garage. 3. The approved variances will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the One-Foot Side Yard Setback Variance and Five-Foot Front Yard Setback Variance for an Garage Expansion for 2138 Aztec Lane as proposed in Planning Case #04-10 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 4th day of May, 2004. ATTEST: By- lCatleen MSwanson, City =lerC CITY COUNCIL CITY OF MENDOTA HEIGHTS /r By John Ma