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Res 2016- 47 Variance at 2165 Timmy StCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-47 RESOLUTION APPROVING A VARIANCE AT 2165 TIMMY STREET WHEREAS, Richard Dugan has applied for a variance as proposed in Planning Case 2016-12 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 2016-12 is hereby approved with the following findings of fact: 1. Construction of the proposed deck/walkway within the required setback to access the side yard and compliant deck structure in the rear yard, through an existing above -grade patio door, is a reasonable use of the property and meets the purpose and intent of the City Code and Comprehensive Plan. 2. Due to the subject parcel's existing conditions, a practical difficulty is demonstrated in order to construct a walkway/landing within the required side yard setback to access a compliant deck structure from within the existing dwelling and provide safe access to the side yard. 3. As proposed, the request would significantly reduce the existing encroachment and would not allow for useable deck space in the side 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 2016-12 is hereby approved with the following conditions: 1. The proposed encroachment shall extend no further than four feet from the northwest corner of the existing dwelling to provide access to the compliant portion of the proposed deck in the rear yard. 2. Within one year of approval by the City Council, the applicant shall obtain a building permit for construction of the deck. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL Y OF ENDOTA HEIGHTS �v Sandra Krebsb , Mayor ATT Lorri Smith, City Clerk EXHIBIT A Legal Description PID: 27-19150-00-260 Curley's Valley View Replat Lot 26 Res 2016-47 page 2 a 0 0 ei 0 N M O v v U � � w 0 0� �ym � _� C C � O oYU V c c w � w V � o�m dsti U R � w 0 � � � ���a � O O 2 � W � � � a K U1 p Ux a ° aw �t w � _ Oa +4,�i��~ v cOi>p� U � Y}U_' �Z•- w w v�W�w� � � �Ux��� ���. �