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Res 2016- 83 Variances 548 Butler Ave WestCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-83 RESOLUTION APPROVING VARIANCES AT 548 BUTLER AVENUE WESTAND PID# 27-42100-08-010 WHEREAS, Kathleen Casper has applied for variances as proposed in Planning Case 2016-39 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case 2016-39 is hereby approved with the following findings of fact: 1. The variance requests meet the tests in the code for practical difficulties: a. The property owner proposes to use the property in a reasonable manner A garage structure of 528 square feet, designed to enclose two vehicles, is a reasonable use of a suburban residential property. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. This property is an irregularly shaped lot that tapers. The rear yard is substantially narrower than the front yard (45 feet vs. 115 feet wide). Because of this property's shape, the proposed garage could not fit elsewhere on the south side of the property without encroaching on either of the two side yards. If the garage were moved farther north toward the house, overall encroachment into the side yards would be less. However, this would require moving the property's driveway access further north and closer to the intersection of Butler Ave. and Chippewa Ave., where there is greater potential for traffic safety conflicts. In addition, the property slopes up south to north and placing the garage closer to the house to meet the required setbacks would require significant grading and site disturbance. c. The variance, if granted, will not alter the essential character of the neighborhood. A detached, two -car garage is consistent with the character of a low-density residential neighborhood. The proposed garage would not abut a residential structure; the nearest structure to the proposed garage is a detached garage on the 1130 Chippewa Ave. property. 2. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. BE IT FURTHER RESOLVED, by the Mendota Heights City Council variances as proposed in Planning Case 2016-39 are hereby approved with the following conditions: 1. The applicant must submit elevations depicting the height of the proposed structure, exterior building materials, and garage door heights to the City for review prior to issuance of a building permit. 2. The applicant shall obtain a building permit prior to construction. 3. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 4. The proposed detached garage shall be constructed in compliance with the applicable City Code performance standards noted in Section 12-1I. Adopted by the City Council of the City of Mendota Heights this first day of November, 2016. CITY COUNCIL ATTEST. Lorri Smith, City Clerk OF DOTA HEIGHTS Sandra Krebsbach. or Res 2016-83 page 2 EXHIBIT A Legal Description PID# 27-42100-08-010 Lot 1 Block 8, Kirchner Addition Res 2016-83 page 3 �� � a � N � M � � � � o �a � N N � O � M � � � � c U f� � o � � m c�o � E � t0.+ iD N � � � � � d U 0 o � z � N � � �n � � � � = a,� U �k W � W � x �` a o�N°F e\� 'w Eo=>°oao �i u � orc��z.- � � . d' �U2o�u�i