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Res 2000 - 87 Appriving a 2' 4'' Fence Height Variance to Install a 5' 4'' Fence Within the Front Yard Setback at 2455 Whitfield DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 0087 A RESOLUTION APPROVING A 2' 4" FENCE HEIGHT VARIANCE TO INSTALL A 5' 4" FENCE WITHIN THE FRONT YARD SETBACK AT 2455 WHITFIELD DRIVE WHEREAS, Mr. Michael A. Sindt of 2455 Whitfield Drive has applied for a 2' 4" fence height variance to install a 5' 4" fence within the front yard setback at 2455 Whitfield Drive as proposed in Planning Case #00-38; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on September 26, 2000 and WHEREAS, The Planning Commission voted 5-1 to recommend that the Council approve this application with one Commissioner voting in the negative and one Commission recused from discussion of this application. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 2' 4" fence height variance to allow the existing 5' 4" fence within the front yard setback at 2455 Whitfield Drive as proposed in Planning Case #00-38 is hereby approved. BE IT FURTHER RESOLVED that this fence height variance approval does not include a variance to the City's fence opacity requirement, although the Council has authorized the Code Enforcement Officer to issue a fence permit for a fence in the same style, construction and dimensions as the applicant's existing fence. In the event that this fence is ever removed or replaced, any future fence in the same location would be required to comply with the City's fence opacity requirements. BE IT FURTHER RESOLVED that in support of this fence height variance approval, the Council makes the following finding of fact: 1. The unusual shape and unusual topography of this lot require a variance for the fence to provide reasonable safety, privacy, and security for the parcel. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that this 2' 4" fence height variance to install a 5' 4" fence within the front yard setback at 2455 Whitfield Drive as proposed in Planning Case #00-38 is necessary to alleviate an undue hardship or practical difficulty and would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 17th day of October, 2000. ATTEST: CITY COUNCIL CITY MENDOTA HEIGHTS By��%��� By '>r�G4 .yet Kat een M. Swanson, City Clerk Charles E. Mertensotto, Mayor