Res 2009- 79 Variance @561 Hiawatha AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 09 -79
A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACKS AND TO
THE MINIMUM GARAGE SIZE FOR A REMODELING PROJECT AT 561 HIAWATHA AVE
WHEREAS, Matthew and Jeanne Cunningham have applied for a 3' variance to the side yard
setback to the west, a 6' variance to the side yard setback to the east and a variance for a 352 square foot
garage for a remodeling project at 561 Hiawatha Ave [Lot 3 and that part of Lot 4 described as follows:
beginning at the NW corner of said Lot 4; thence S along the W line of said Lot 4, a distance of 112.3
feet to the SW corner of said Lot 4; thence NE along the S line of said Lot 4, a distance of 6.0 feet;
thence N to the point of beginning; all in Block 3, Cherokee Park Heights, Dakota County, Minriesota;
PID 27- 17100 - 040 -03] as proposed in Planning Case #09 -31; and
WHEREAS, The Planning Commission held a public hearing on this application at their regular
meeting on August 25, 2009; and
WHEREAS, The Planning Commission recommended that the Council approve the T variance
to the side yard setback to the west, a 6' variance to the side yard setback to the east and a variance for a
352 square foot garage for a remodeling project as presented to the Planning Commission on the evening
of August 25, 2009 and as shown in Planning Case #09 -31;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that a 3' variance to the side yard setback to the west, a 6' variance to the side yard
setback to the east and a variance for a 352 square foot garage for a remodeling project as proposed in
planning Case #09 -31 is hereby approved with the following findings of fact:
1. The small lot size and narrow configuration (63' wide) create a hardship by limiting the
buildable space of the subject parcel.
2. A narrower addition that meets setbacks on the west side would interfere with roof framing
construction.
3. An addition meeting setback requirements would not complement the architecture of the
existing home and would alter the essential character and development of the neighborhood.
4. The existing home, 830 square feet, does not meet the minimumm size requirements, 1000
square feet, according to current Ordinance regulations, nor does it meet living space needs of
today's families.
5. Reasonable use of a property includes adequate living space.
6. Without the setback variances, the property owner could not make reasonable use of his
property.
7. Adding an attached garage eliminates the need for a building separation variance, and avoids
conflicts with Fire Code requirements.
8. The addition of an enlarged, attached garage makes the building more conforming by
eliminating the smaller detached garage.
9. The applicants have minimized the encroachment into the east side yard by limiting the width
of the new structure.
10. The one foot encroachment into the east side yard is consistent with the content of the public
notice for variances to accommodate expansion on the lot in question.
11. The project is consistent with the Comprehensive Plan.
Adopted by the City Council of the City of Mendota Heights this 15th day of September, 2009.
ATTEST:
By W
Kat en M. Swanson, City Clerk
CITY COUNCIL
CITY OF ZMOTA HEIGHTS
By
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