Res 2002- 07 Denying Variance @ 1705 Victoria Rd SouthCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 02-07
A RESOLUTION DENYING A FIVE-FOOT VARIANCE
TO THE REAR YARD SETBACK FOR 1705 VICTORIA ROAD SOUTH
WHEREAS, Mr. Brian Vogel has applied for a five foot variance to the rear yard
setback for 1705 Victoria Road South for a gazebo as found in Planning Case File #02-
01, and
WHEREAS, Mr. Brian Vogel built the gazebo without seeking or obtaining the
required building pen -nits, and
WHEREAS, the Planning Commission, at their regular meeting on January 22,
2002 reviewed this planning application and conducted a public hearing on this
application, and
WHEREAS, the City received a petition dated January 2, 2002 signed by seven
of Mr. Vogel's neighbors objecting to the gazebo, and
WHEREAS, the Planning Commission was unable to recommend approval of the
variance,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a five-foot variance to the rear yard setback for 1705
Victoria Road South (Planning Case #02-01) as proposed on plans and materials
submitted to the Council for their February 19, 2002 meeting and as presented by the
applicant on the evening of February 19, 2002 is hereby denied.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that Mr. Vogel is hereby provided a time period of 90 days by which he must
either remove or bring into city zoning conformance both the gazebo and the illegal fence
for which he has already received notice.
BE IT FURTHER RESOLVED that failure to do both of these within the
specified time frame will cause the City of Mendota Heights to initiate legal proceedings
against Mr. Vogel.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this five-foot variance to the rear yard setback for 1705 Victoria Road South
as proposed on plans and materials submitted to the Council for their February 19, 2002
meeting and as presented by the applicant on the evening of February 19, 2002 does have
an adverse impact on the health, safety and general welfare of the citizens of the
community and the surrounding land, and is 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 March, 2002.
ATTEST: CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By By 6"
Kath en M. Swanson, City Clerk Charles E. Mertensotto, Mayor