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Res 2010- 30 CUP 687 2nd AvenueCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 10 -30 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FOUR FOOT FENCE WITHIN THE 30 FOOT SETBACK ON A CORNER LOT AT 687 SECOND AVENUE WHEREAS, Karyn Pimentel and Hazel Wallace have applied for a conditional use permit for a four foot fence within the 30 foot setback on a corner lot at 687 Second Avenue [Lot 8 Block 1 Kallin Rearrangement; PID 27- 41200 - 080 -01] as proposed in Planning Case #10 -09; and WHEREAS, the Planning Commission held a public hearing on this application at their regular meeting on April 27, 2010; and WHEREAS, the Planning Commission recorrunended that the Council approve the conditional use permit for a four foot fence within the 30 foot setback on a corner lot as presented to the Planning Conunission on the evening of April 27, 2010 and as shown in Planning Case #10 -09. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mendota Heights that a conditional use permit for a four foot fence within the 30 foot setback of a corner lot as proposed in planning Case #10 -09 is hereby approved with the following conditions: 1. The applicant shall obtain a fence permit prior to installation of the fence 2. The fence shall be constructed entirely upon the applicant's property 3. The fence shall meet the regulations established in Section 12 -1D -6 BE IT FURTHER RESOLVED, by the City Council of the City of Mendota Heights that a conditional use permit for a four foot fence within the 30 foot setback of a corner lot as proposed in planning Case # 10 -09 is hereby approved with the following findings of fact: 1. The proposed fence will not have a detrimental effect on the health, safety and welfare of the surrounding lands and community 2. The proposed fence will not influence traffic conditions or parking facilities on adjacent streets 3. The proposed fence is consistent with the general purpose and intent of the Comprehensive Plan and Zoning Ordinance Adopted by the City Council of the City of Mendota Heights this 4th day of May 2010. ATTEST: By Kath en M. Swanson, City Clerk CITY COUNCIL CITY OF MENDO A iTS Receipt#: 102090 ABSTRACT FEE $46.00 STATE OF MINNESOTA COUNTY OF DAKOTA )s.s. CITY OF MENDOTA HEIGHTS ) 2738546 Recorded on: 7/2/2010 09:07:46AM By: TMB, Deputy Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 Joel T. Beckman County itecorder Dakota County, MN I, Kathleen M. Swanson, being the duly appointed and acting City Clerk of the City of Mendota Heights, do hereby CERTIFY that the attached Resolution No. 10-30: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FOUR FOOT FENCE WITTHIN THE 30 FOOT SETBACK ON A CORNER LOT AT 687 SECOND AVENUE" is an exact copy of said Resolution on file in my office. Signed and sealed by my hand on this 28th day of July 2010. 41 Kathleen M. Swanson City Clerk (SEAL) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 10 -30 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FOUR FOOT FENCE WITHIN THE 30 FOOT SETBACK ON A CORNER LOT AT 687 SECOND AVENUE WHEREAS, Kaiyn Pimentel and Hazel Wallace have applied for a conditional use permit for a four foot fence within the 30 foot setback on a corner lot at 687 Second Avenue [Lot 8 Block 1 Kallin ' Rearrangement; PID 27- 41200 - 080 -01] as proposed in Planning Case #10 -09; and WHEREAS, the Planning Commission held a public hearing on this application at their regular meeting on April 27, 2010; and WHEREAS, the Planning Commission recommended that the Council approve the conditional use permit for a four foot fence within the 30 foot setback on a corner lot as presented to the Planning Commission on the evening of April 27, 2010 and as shown in Planning Case #10 -09. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mendota Heights that a conditional use permit for a four foot fence within the 30 foot setback of a corner lot as proposed in planning Case #10 -09 is hereby approved with the following conditions: 1. The applicant shall obtain a fence permit prior to installation of the fence 2. The fence shall be constructed entirely upon the applicant's property 3. The fence shall meet the regulations established in Section 12 -1D -6 BE IT FURTHER RESOLVED, by the City Council of the City of Mendota Heights that a conditional use permit for a four foot fence within the 30 foot setback of a corner lot as proposed in planning Case #10 -09 is hereby approved with the following findings of fact: 1. The proposed fence will not have a detrimental effect on the health, safety and welfare of the surrounding lands and community 2. The proposed fence will not influence traffic conditions or parking facilities on adjacent streets 3. The proposed fence is consistent with the general purpose and intent of the Comprehensive Plan and Zoning Ordinance Adopted by the City Council of the City of Mendota Heights this 4th day of May 2010. ATTEST: CITY COUNCIL CITY OF MENDO A HE Cy 1TS By By Kath -en M. Swanson, City Clerk John rer; ayo. rte/