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Res 2003-100 Approving Variance @ 729 Mohican CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-100 A RESOLUTION APPROVING A SIX-FOOT SIDE YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 729 MOHICAN COURT WHEREAS, Steven and Jennifer Mager has applied for a Six -Foot Side Yard Setback Variance for a Garage Addition at 729 Mohican Court [SW'/4 NW'/4 Section 36-028-23] as proposed in Planning Case #03-48; 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 Six -Foot Side Yard Setback Variance for a Garage Addition as presented to the Planning Commission on the evening of September 23, 2003 and as shown in Planning Case #03-48. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Six -Foot Side Yard Setback Variance for a Garage Addition for 729 Mohican Court as proposed in Planning Case #03-48 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 side yard setback area is appropriate due to the current size of the garage and the narrowness of the lot. 2. The narrowness of the lot is 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 side of the existing garage. 3. The variance requested Will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Six -Foot Side Yard Setback Variance for a Garage Addition for 729 Mohican Court as proposed in Planning Case #03-48 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: By _ r � /1% _�� -- Kat een M. Swanson, City Clerk