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Res 2003-103 Approving CUP/Denying Variance @ 1085 Mary AdeleCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-103 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND DENYING A VARIANCE FOR A FENCE AT 1085 MARY ADELE WHEREAS, Victor L. Smith has applied for a Conditional Use Permit for a Fence at 1085 Mary Adele [Legal Lot 2 Dakota Valley View] as proposed in Planning Case #03-51; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on September 23, 2003; and WHEREAS, The Planning Commission voted 6-0 (with one Commissioner excused) to recommend that the Council approve the Conditional Use Permit for a Fence as presented to the Planning Commission on the evening of September 23, 2003 and as shown in Planning Case #03-51, and WHEREAS, The Planning Commission voted 4-2 (with one Commissioner excused) to recommend that the Council deny the variance to the 30% openness requirement for the Fence as presented to the Planning Commission on the evening of September 23, 2003 and as shown in Planning Case #03-51, -5 1, and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for a Fence for 1085 Mary Adele as proposed in Planning Case #03-51 is hereby approved on the condition that the fence be stained to match the existing deck. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a Variance to the 30% openness requirement for the Fence for 1085 Mary Adele as proposed in Planning Case #03-51 is hereby denied. BE IT FURTHER RESOLVED that the Conditional Use Permit for a Fence for 1085 Mary Adele as proposed in Planning Case #03-51 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 7th day of October, 2003. ATTEST: CITY COUNCIL CITY OF M��DO A HErTS Kathleen M. Swanson, City Clerk John Hub ayor���