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Res 2017- 42 Variance to Setbacks 1897 Wachtler AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-42 RESOLUTION APPROVING A VARIANCE TO ALLOW REDUCED SETBACKS FROM FRONT (CORNER) YARD SETBACKS (1897 WACHTLER AVENUE) WHEREAS, Ben & Erika Christopherson (the "Applicants") have applied for a variance to allow an addition to an existing dwelling and expand the attached garage, which would require a variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897 Wachtler Avenue, as proposed under Planning Case 2017-09, and described in the attached Exhibit A; and WHEREAS, the Applicants propose to add approximately 1,450 sq. ft. of new building space to an existing 1,546 sq. ft. single family residential dwelling; with a new 998 sq. ft., three car garage, which requires the need of a variance to accommodate said additions; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting of May 23, 2017; whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended approval (by 5-0 vote) of the variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897 Wachtler Avenue, with certain findings of fact and conditions memorialized herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897 Wachtler Avenue, as proposed under Planning Case 2017-09, is hereby approved with the following findings of fact: A. Construction of the proposed dwelling and garage additions onto the existing single-family dwelling is a reasonable use of the property and consistent with the Comprehensive Plan. B. 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. C. The addition onto the existing single-family dwelling can be considered a reasonable request and use of the property. D. The encroachment along this wider segment Hilltop Road ROW, due in part to the presence of the nearby "park" parcel, lends additional support to allowing the encroachment as this should lessen proximity and visual impacts from this roadway. E. Due to the subject parcel's existing condition and location to the abutting Hilltop Road right-of-way and road surface, a practical difficulty may be evident and was demonstrated in order to construct said addition to the home. F G. The addition will tie-in and match the existing dwellings architecture and designs, which will not alter the essential character of the neighborhood. Granting of the variance sought is in accordance with the standards laid out in the City Code. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897 Wachtler Avenue, as proposed under Planning Case 2017-09 is hereby approved with the following conditions: 2 3 The proposed encroachment for the addition shall not extend further than shown on the survey included in the application submittal. The new addition will match the overall architecture and design of the existing dwelling. 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 6th day of June, 2017. ATTEST Ou�� Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS � � �����`�� � Neil Garlock, Mayor Res 2017-42 page 2 EXHIBIT A Property Address: 1897 Wachtler Avenue, Mendota Heights MN PID: 27-71050-00-460 Legal Description: The South 150 feet of the East 300 feet of Lot A, SOMERSET HILLS, Dakota County, Minnesota Res 2017-42 page 3 Receipt:# 528549 RFS $46.00 Return to: CIYY OF MENDOTA HEIGHTS 11D1 VICTORIACURVE MENDOTA HEIGHTS MN 55'I 16 785534 I IIIIII I�III IIIII IIIII IIIII IIIII IIII IIII Recordsd on: 11/20/2017 9:48 AM By: JAR, Deputy cert # -ies�aa Offi�cE: of hhe Registrar of Titles Dalcota County, Minnesota Joed T. Beckman, Registrar of Titles �.�� �� l�� ��