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Res 2016- 49 Variance at 2305 Apache StCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-49 RESOLUTION APPROVING A VARIANCE AT 2305 APACHE STREET WHEREAS, Michael Hayes has applied for a variance as proposed in Planning Case 2016-15 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the variance request as proposed in Planning Case 2016-15 is hereby approved with the following findings of fact: 1. Reconstruction of an addition onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. 2. The existing encroachment will not be expanded and the improvements are necessary to reconstruct the addition in compliance with applicable code requirements. 3. Only a small portion of the existing addition is non-compliant with the 10 -foot setback and encroaches less than the existing attached garage. 4. Reconstruction of the addition in compliance with the setback requirements requires the wheelchair ramp be moved inside the garage and does not allow adequate parking space for a wheelchair -accessible vehicle. 5. The existing conditions were not created by the applicant and demonstrate a practical difficulty in meeting the required setback in order to reconstruct the existing addition in compliance with applicable codes. 6. The reconstructed addition's roofline will now match the existing attached garage's and the wheelchair ramp will not be visible from outside the dwelling with the garage door closed, which will not alter 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 2016-15 is hereby approved with the following conditions: 1. The proposed encroachment for the reconstructed addition shall not extend further than the existing condition, as shown on the survey included in the application submittal. 2. Within one year of approval by the City Council, the applicant shall obtain a building permit for construction of the proposed addition. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL IT OF NDOTA HEIGHTS Sandra Krebs b , . ayor ATTEST: 1 Lorri Smith, ity Clerk EXHIBIT A Legal Description PID: 27-27800-13-070 Friendly Hills Rearrangement Lot 7, Block 13 Res 2016-49 page 2 � � Y�� � o� � a c o � a i°•�� ��. d y � �� � � ¢ � � c U m � yVy N � O� � ,u m ~ `�� �. O � � wg N � �� U= � O Q � ±� W � _ a O�`fAOF 'y oo=>�ao V N >>-(9rZr Ul W yF,WOWu� � d' �U2�iv�