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Res 2010- 81 CUP 804 Park Place DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 10 -81 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE HIGHER THAN THREE FEET WITHIN THE 30 FOOT SETBACK AT 804 PARK PLACE DRIVE WHEREAS, Thomas Ademite has applied for a conditional use permit for a fence higher than three feet within the 30 foot setback at 804 Park Place Dr [Lot 1 Block 4 Park Place; PID 27- 56600- 010 -04] as proposed in planning case #10 -27; and WHEREAS, the planning commission held a public hearing on this application at their regular meeting on September 28, 2010; and WHEREAS, the planning commission recommended that the council approve the conditional use permit for a fence higher than three feet within the 30 foot setback as presented to the planning commission on the evening of September 28, 2010 and as shown in planning case #10 -27. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit for a fence higher than three feet within the 30 foot setback as proposed in planning case #10 -27 is hereby approved with the following conditions: 1. The applicant shall receive a fence permit prior to installation of the fence 2. the fence shall meet the regulations established in Section 12 -1D -6, including the six foot (6') height maximum and the 30% open design requirement BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a conditional use permit for a fence higher than three feet as proposed in planning case #10 -27 is hereby approved with the following finding of fact: 1. The proposed fence meets all Zoning Ordinance requirements and is consistent with the intent of the conditional use permit criteria allowing such fences. Adopted by the City Council of the City of Mendota Heights this fifth day of October 2010. ATTEST: CITY COUNCIL CITY OF O 'A HE By PI jj �� By Nancy Bauer, Meting City Clerk Jo STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS Receipt#: 128954 TORRENS FEE $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 T672939 Recorded on: 12/17/2010 12:00:03PM By: LAS, Deputy Certificate #: 090806 Joel T. Beckman Registrar of Title Dakota County, MN I, Nancy Bauer, being the duly appointed and acting City Clerk of the City of Mendota Heights, do hereby CERTIFY that the attached Resolution No. 10-81: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE HIGHER THAN THREE FEET WITHIN THE 30 FOOT SETBACK AT 804 PARK PLACE DRIVE" is an exact copy of said Resolution on file in my office. Signed and sealed by my hand on this ninth day of November 2010. N ncy Baijer Acting City Clerk (SEAL) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 10 -81 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE HIGHER THAN THREE FEET WITHIN THE 30 FOOT SETBACK AT 804 PARK PLACE DRIVE WHEREAS, Thomas Ademite has applied for a conditional use permit for a fence higher than three feet within the 30 foot setback at 804 Park Place Dr [Lot 1 Block 4 Park Place; PID 27- 56600- 010 -04] as proposed in planning case #10 -27; and WHEREAS, the planning commission held a public hearing on this application at their regular meeting on September 28, 2010; and WHEREAS, the planning commission recommended that the council approve the conditional use permit for a fence higher than three feet within the 30 foot setback as presented to the planning commission on the evening of September 28, 2010 and as shown in planning case #10 -27. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit for a fence higher than three feet within the 30 foot setback as proposed in planning case #10 -27 is hereby approved with the following conditions: 1. The applicant shall receive a fence permit prior to installation of the fence 2. the fence shall meet the regulations established in Section 12 -1D -6, including the six foot (6') height maximum and the 30% open design requirement BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a conditional use permit for a fence higher than three feet as proposed in planning case #10 -27 is hereby approved with the following finding of fact: 1. The proposed fence meets all Zoning Ordinance requirements and is consistent with the intent of the conditional use permit criteria allowing such fences. Adopted by the City Council of the City of Mendota Heights this fifth day of October 2010. ATTEST: CITY COUNCIL CITY OF i 0 'A HE -'TS By j c5-• —"'".— By Nancy Bauer, Acting City Clerk Jo