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Res 2003-108 Approving CUP & Variance @ 1844 Dodd RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-108 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND 37 -FOOT REAR YARD SETBACK VARIANCE FOR AN ATTACHED GARAGE AT 1844 DODD ROAD WHEREAS, Louis Eschle has applied for a Conditional Use Pen -nit and 37 -Foot Rear Yard Setback Variance for a Attached Garage at 1844 Dodd Road (S 136.8 ft:,. of N %2 of NE I/4 NW 1/4E of Dodd Rd ex E 801.5 ft. - Section 25-028-23,) PIN 27-02500-010- 26, as proposed in Planning Case #03-53; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on October 28, 2003; and WHEREAS, The Planning Commission voted 6-0 (with one Commissioner excused) to recommend that the Council approve the Conditional Use Permit and 37 -Foot Rear Yard Setback Variance for an Attached Garage as presented to the Planning Commission on the evening of October 28, 2003 and as shown in Planning Case #03-53. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit and 37 -Foot Rear Yard Setback Variance for an Attached Garage for 1844 Dodd Road as proposed in Planning Case #03- 53 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 rear yard setback area is appropriate due to the shape of the lot. 2. The positions of the house, well, and drain field constitute a unique circumstance pertaining to the property not caused by the owner. There appear to be no alternatives for expansion of the garage other than the rear of the existing garage. 3. The variance requested will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Conditional Use Permit and 37 -Foot Rear Yard Setback Variance for an Attached Garage for 1844 Dodd Road as proposed in Planning Case #03-53 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 November, 2003. ATTEST: CITUNCIL 'ffA Y OF ENDOTA HE HTS BY andra KreBy Ka'lbsbach, Acti�,-dMayor th