Res 2009- 68 Variance @ 1250 Dodd RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 09 -68
A RESOLUTION APPROVING A 5' VARIANCE TO THE SIDE YARD SETBACK FOR A GARAGE
ADDITION AT 1250 DODD ROAD
WHEREAS, Arnold Lucke on behalf of Ronald and Marilyn Kammueller have applied for a 5'
variance to the side yard setback for a garage addition at 1250 Dodd Road [Lot 6, Block 12, Somerset View;
PID 27- 71150- 060 -12] as proposed in Planning Case #09 -28; and
WHEREAS, The Planning Commission held a public hearing on this application at their regular
meeting on July 28, 2009; and
WHEREAS, The Planning Commission recommended that the Council approve the 5' variance to the
side yard setback for a garage addition as presented to the Planning Commission on the evening of July 28,
2009 and as shown in Planning Case #09 -28;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota
Heights that a 5' variance to the side yard setback for a garage addition as proposed in planning Case #09 -28 is
hereby approved with the following findings of fact:
1. The home was built in 1947 on a lot which is non - conforming with Mendota Heights' current code
requirements for lot width.
2. The placement of the home and narrow property width create a hardship in putting the property to a
reasonable use (side by side garage) if the strict standards of the Ordinance are applied.
3. The topography of the lot, predating the application and the original construction, requires surface
drainage be carried between the home and garage.
4. Removal of the breezeway to allow for the construction is not reasonable because it would eliminate
the code compliant stairs to the basement and remove necessary drainage way through the breezeway.
5. The expanded garage is needed to provide the garage size currently required by City Code.
6. The unique circumstance of the property is not caused by the property owner.
7. The location and construction of the current garage contributed to drainage issues and decay of the
existing foundation and support walls
8. The hardship is not solely economic in nature.
9. There appears to be no alternative for expansion of the garage, other than towards the south property
line.
10. The proposed location preserves the existing mature trees on the south property line.
11. The construction project is in harmony with the essential character of the neighborhood.
12. The use of the property as a Single Family Residence is consistent with the Comprehensive Plan.
Adopted by the City Council of the City of Mendota Heights this 18th day of August, 2009.
ATTEST:
By. 2
Kathle M. Swanson, City Clerk
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CITY OF ME OTA HE TS
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By
John Hub yo