Res 1979 - 52A Granting Setback Variance for 610 Ivy Falls Avenue?��
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City of I�iendota Heights
Dakota County, Minnesota .`
RESOLUTION NO. 79-��
RESOLUTION GR.ANTING SETBACK VARIANCE
�j FOR 610 IVY FALLS AVENUE
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WHEREAS, Town�and Country Builde'rs has requested a side yard setback
variance with respect to the house they are building on 610 Ivy Falls
Avenue, the legal description of which is more particularly as follows:
Lot 2 except the Westerly 980 feet thereof, in
Bauer's Acre Lots, Dakota County, Minnesota,
and
� WHEREAS, the foundation of the home under construction upon said
property is located within 8.1 feet from the westerly property line
of said property, and
WHEREAS, construction of the home upon said property has been stopped
because of the violation of the setback requirements specified in the
City's Zoning Ordinance, and .
WHEREAS, the applicant has represented to the City Council that prior
to the time construction was stopped, $54,000.00 was expended upon
the home in question, and
WHEREAS, the applicant has represented to the City Council that the
cost of moving the partially constructed home at this time would
exceed $14,000.00, and
WHEREAS, the natural drainage and slope of the property is westerly
towards the contiguous property to the west, and
WHEREAS, under the provisions of the City's Zoning Ordinance, the
setback required along the westerly portion o€ said property would
be 30 feet, and
WHEREAS, a building permit was previously issued to the applicant
� based on plans showing the westerly setback to be 12 feet, and
Q WHEREAS, at the time of issuing said building permit, the City
erroneously determined that the westerly setback requirement would
be 10 feet rather than 30 feet, and ,
WHEREAS, the City Council has determined that the following factors
make it more desirable and feasible to have the home in question
face Ivy Falls Avenue rather than to the east or podd Road: