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Res 2003- 36 Denying Plat/Variance @ 1673 Delaware AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 03-36 A RESOLUTION DENYING A PRELIMINARY PLAT AND VARIANCE FOR THRICE LOTS AT 1673 DELAWARE AVENUE WHEREAS, Mr. Michael Bader has applied for a Preliminary Plat and Variance for Three Lots at 1673 Delaware Avenue [legal description] as proposed in Planning Case #03-13; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meetings on March 25, 2003 and April 22, 2003; and WHEREAS, The Planning Commission voted 4-2 (with one Commissioner recused) to recommend that the Council deny the Preliminary Plat and Variance as revised and presented to the Planning Commission on the evening of April 22, 2003 and as shown in Planning Case #03-13. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Preliminary Plat and Variance for Three Lots for 1673 Delaware Avenue as revised and proposed in Planning Case #03-13 is hereby denied based on the following: 1. The subdivision would violate private covenants. 2. There is no demonstrated hardship justifying the variance for cul-de-sac length. 3. The setback variance for the Lutz property was granted by the City with the assumption that there would only be two lots. 4. A widened roadway will result in significant tree loss. BE IT FURTHER RESOLVED that the Preliminary Plat and Variance for Three Lots for 1673 Delaware Avenue as revised and proposed in Planning Case #03=13 would have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 3rd day of June, 2003. ATTEST: CITY COUNCIL CITY OF NDOTA HEIGHTS Kat een M. Swanson, City Clerk Byh o r, ivy