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Res 2003-122 Approving Variances @ 1090 West Circle CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-12:2 A RESOLUTION APPROVING A 10 -FOOT FRONT YARD SETBACK VARIANCE AND A 4 -FOOT SIDE YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 1090 WEST CIRCLE COURT WHEREAS, David Langevin has applied for a 10 -Foot Front Yard Setback Variance and a 4 -Foot Side Yard Setback Variance for a Garage Addition at 1090 West Circle Court (Lot 8 Block 2 Lexington Highlands West— PIN 27-44955-080-02) as proposed in Planning Case #03-61; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on November 25, 2003; and WHEREAS, The Planning Commission voted 6-0 (with one Commissioner excused) to recommend that the Council approve the One -Foot Side Yard Setback Variance for a Garage Addition as presented to the Planning Commission on the evening of November 25, 2003 and as shown in Planning Case #03-61. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 10 -Foot Front Yard Setback Variance and a 4 -Foot Side Yard Setback Variance for a Garage Addition for 1090 West Circle Court as proposed in Planning Case #03-61 is hereby approved based on the following conditions: 1. The colors and materials of the addition shall match the rest of the house. 2. The roof line of the addition shall be compatible with the rest of the house. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a 10 -Foot Front Yard Setback Variance and a 4 -Foot Side Yard Setback Variance for a Garage Addition for 1090 West Circle Court as proposed in Planning Case #03-61 is hereby approved based on the following considerations: 1. This variance is necessary in order to put the property to reasonable use. The request for encroachment within the front and side yard setback areas is appropriate due to the current difficulty in using the garage and the need for a usable two -car garage. 2. The current difficulty in using the garage constitutes a unique circumstance pertaining to the property not caused by the owner. 3. The variance requested will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the One -Foot Side Yard Setback Variance for an Garage Addition for 1090 West Circle Court as proposed in Planning Case #03-61 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 2nd day of December, 2003. ATTEST: CITY COUNCIL CITY OF ENDO A IGHTS By By Kathle6n M. Swanson, City Clerk John H May(V