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Res 2013- 47 Variances for 2030 Dodd Rd BP Fuel Stationfor recording CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013-47 A RESOLUTION APPROVING A FIVE FOOT STREET RIGHT-OF-WAY SETBACK VARIANCE FOR A CANOPY AND A 15 FOOT PROPERTY LINE SETBACK VARIANCE FOR PARKING AT 2030 DODD ROAD WHEREAS, Sean Hoffman, on behalf of Wieland, Inc., has applied for a variance to the street right-of-way setback for a canopy at 2030 Dodd Road (PID 27-02500-50-020, Part of west 1/2 of northwest 1/4 of southwest 14 on center of trunk highway #49 275 feet southwest of its intersection with trunk highway 100 southeast at 90 degrees 143 feet southwest at 90 degrees 117 feet northwest 149.29 feet to center of trunk highway 49 northeast on center 159.9 feet to beginning subject to trunk highway 149; Section 25, Township 28, Range 23) as proposed in planning case 2013-10; and WHEREAS, the applicant has also asked for property line setback variance for parking at the same address and property; and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting June 25, 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance to the street right-of-way setback for a canopy as proposed in planning case 2013-09 is hereby approved with the following findings of fact: 1. The existing degree of canopy setback nonconformity will not be increased. 2. Other than setback requirements, all canopy-related requirements of the Ordinance (i.e. lighting, signage, and height) will be satisfied. 3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner. 4. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a variance to Property line setback for parking as proposed in planning case 2013-09 is hereby approved with the following findings of fact: 1. The existing degree of parking setback nonconformity will not be increased. 2. Other than parking setback requirements, all parking-related requirements of the Ordinance will be satisfied. 3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner. 4. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property. Adopted by the City Council of the City of Mendota Heights this sixteenth day of July, 2013. ATTEST Lorri Smith, City Clerk COUNCIL CITY 012' NDOTA HEIGHTS Sandra Krebsbac ayor Page 2 of 2 Resolution 2013-47 Receipt# 285416 ABSTRACT FEE $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 2964777 Recorded on: 7/23/2013 10:31:24AM By DMB, Deputy Joel T. Beckman County Recorder Dakota County, MN for recording CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -47 A RESOLUTION APPROVING A FIVE FOOT STREET RIGHT -OF -WAY SETBACK VARIANCE FOR A CANOPY AND A 15 FOOT PROPERTY LINE SETBACK VARIANCE FOR PARTING AT 2030 DODD ROAD WHEREAS, Sean Hoffman, on behalf of Wieland, Inc., has applied for a variance to the street right -of -way setback for a canopy at 2030 Dodd Road (PID 27- 02500 -50 -020, Part of west 1/2 of northwest Vi of southwest 1A on center of trunk highway #49 275 feet southwest of its intersection with tunic highway 100 southeast at 90 degrees 143 feet southwest at 90 degrees 117 feet northwest 149.29 feet to center of tr ak highway 49 northeast on center 159.9 feet to beginning subject to trunk highway 149; Section 25, Township 28, Range 23) as proposed in planning case 2013 -10; and WHEREAS, the applicant has also asked for property line setback variance for parking at the same address and property; and WHEREAS, the Planning Commission held a public hearing on this matter at their regular meeting June 25, 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance to the street right -of -way setback for a canopy as proposed in planning case 2013 -09 is hereby approved with the following findings of fact: 1. The existing degree of canopy setback nonconformity will not be increased. 2. Other than setback requirements, all canopy - related requirements of the Ordinance (i.e. lighting, signage, and height) will be satisfied. 3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner. 4. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a variance to Property line setback for parking as proposed in planning case 2013 -09 is hereby approved with the following findings of fact: 1. The existing degree of parking setback nonconformity will not be increased. 2. Other than parking setback requirements, all parking- related requirements of the Ordinance will be satisfied. 3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner. 4. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property. Adopted by the City Council of the City of Mendota Heights this sixteenth day of July, 2013. Lorri Smith, City Clerk COUNCIL CITY Of>ei NDOTA HEIGHTS Sandra Krebsbac ayor Page 2 of 2 Resolution 2013-47