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Res 2015- 67 Variance 1176 Ivy Hill DrCIT�' OF 1VIENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-67 �SO]LU'�"ION Al'PRC�VING A. VARIANC� AT 1176 IVX �III.,I. ARIVE WHEREAS, Robert Alvarez has applied for a variance to construct a decic as proposed in Planning Case 2015-26 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Coznmission held a public hearing on this matter at their regular meetings on July 28 and August 25, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Councii that the variance request as proposed in Planning Case 2015-26 is hereby approved based on the following findings of fact: 1. Construction of the proposed walkway/landing within the required setbacic to access the rear yard and compliant decic structure in the side yard through an existing patio door is a reasonable use of the property and meets the purpose and intent of the Code and Comprehensive Plan. 2. Due to the subject parcel's frontage and existing conditions, a practical difficulty is demonstrated in order to construct a walkway/landing within the required rear yard setback to access a compliant decic structure from within the existing dwelling and provide safe access to the rear yard. 3. As proposed, the request wouid not ailow for useable decic space in the rear yard or negatively impact the essential character of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the variance request as proposed in Planning Case 2015-26 is hereby approved with the foliowing conditions: 1. The proposed encroachment would extend no further than 3.5 feet from the northeast corner of the existing dwelling to provide access to the compliant portion of the proposed decic in the side yard. 2. The applicant obtains a building pei�rnit. Adopted by the City Council of the City of Mendota Heights this first day of September, 2015. • CITY COUNCIL T OF M NDOTA HEIGHTS Sandra Kreb , Mayor ATTES . �. Lorri Smith, City Clerk EXHIBIT A Legal Description —1176 Ivy Hill Drive PID: 27-42100-08-090 Kircllner Addition Lot 9, Blocic 8 Res 2015-67 page 2 Receipt:# 402121 RES $46.00 Return to: CITY OF MENDOTA HEIGHTS 1107 VICTORIA CURVE MENOOTA HEIGHTS MN 55118 12�� 2-01 S� � `� 752384 I II�III I III �IIII II�II III I I III IIII I I Recorded on: 10/15/2015 12:24 PM By: SJS, Deputy Cert # 137812 Office of the Registrar of Titles Dakota County, Minnesota Joe! T. Beckman, Registrar of T'dies