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Res 2003-121 Approving Variance @ 2230 Bent Tree LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-121 1 1119,119 IN LeiI W.11 Dili I I; WHEREAS, Dwight Rabuse has applied for a One -Foot Side Yard Setback Variance for a Home Addition at 2230 Bent Tree Lane (Copperfield Block 2 Lot 11— PIN 27-18300-110-02) as proposed in Planning Case #03-60; 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 4-2 (with one Commissioner excused) to recommend that the Council approve the One -Foot Side Yard Setback Variance for a Home Addition as presented to the Planning Commission on the evening of November 25, 2003 and as shown in Planning Case #03-60. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a One -Foot Side Yard Setback Variance for a Home (� } Addition for 2230 Bent Tree Lane as proposed in Planning Case #03-60 is hereby approved on the following condition: 1. The addition shall follow the existing line of the south side of the house as proposed by the applicant to the Council on December 2, 2003, and in no case shall come closer than nine feet to the nearest lot line. BE IT FURTHER RESOLVED that the above approval for a One -Foot Side Yard Setback Variance for an Home Addition for 2230 Bent Tree Lane as proposed in Planning Case #03-60 is 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 side yard setback area is appropriate due to the orientation of the house on the lot. 2. The orientation of the house on the lot 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 Home Addition for 2230 Bent Tree Lane as proposed in Planning Case #03-60 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 MENDOTA HEIGHTS ByBy Ka een M. Swanson, City Clerk John er, Major