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Res 2003- 92 Approving Variance @ 2031 Victoria RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-92 A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR A DUMPSTER ENCLOSURE AT 2031 VICTORIA ROAD WHEREAS, Dakota Communities, Inc. has applied for a Front Yard Setback Variance for a Dumpster Enclosure at 2031 Victoria Road [see attached legal description] as proposed in Planning Case #03-45; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on August 26, 2003; and WHEREAS, The Planning Commission voted 4-0 (with three Commissioners excused) to recommend that the Council approve the Front Yard Setback Variance for a Dumpster Enclosure as presented to the Planning Commission on the evening of August 26, 2003 and as shown in Planning Case #03-45 on the condition that landscaping be added to screen the dumpster. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Front Yard Setback Variance for a Dumpster Enclosure for 2031 Victoria Road as proposed in Planning Case #03-45 is hereby approved based on the following: 1. Necessary landscaping shall be added to screen the two dumpsters; and 2. The variance is necessary to put the property to a viable economic use because of the unique shape and size of the property and previous restrictions placed on the property by the City; and 3. The variance is consistent with, and will not change the character of the locality; and 4. The need for the variance is not purely economic because it will also improve the aesthetics of the property in question. BE IT FURTHER RESOLVED that the Front Yard Setback Variance for a Dumpster Enclosure for 2031 Victoria Road as proposed in Planning Case #03-45 under the above condition 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 16th day of September, 2003. ATTEST: CITY COUNCIL By Kathleen M. Swanson, City Clerk 'WI R Legal Description for 2031 Victoria Road: SECTION 26 TWN 28 RANGE 23 S 693 FT OF W 660 FT OF NW '/4EX S 417.42 FT OF W 417.42 FT PF EX W 378 FT OF N 275.58 FT OF S 693 FT & EX S 417.42 FT OF E 190.5 FT