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Res 2009- 56 Approving Variance & CUP @ 1327 Delaware AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 09 -56 A RESOLUTION APPROVING A 7.5 FOOT VARIANCE TO THE SIDE YARD SETBACK AND A CUP FOR A DETACHED GARAGE AT 1327 DELAWARE AVE WHEREAS, Patrick and Nicole Watson have applied for a 7.5 foot variance to the side yard setback and a conditional use permit for a detached garage at 1327 Delaware Ave [Lot 3, Block 2 Somerset Heights; PID 27- 71000- 030 -02] as proposed in Planning Case #09 -22; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on June 23, 2009; and WHEREAS, The Plamling Commission recommended that the Council approve the variance and conditional use permit at 1327 Delaware Ave as presented to the Planning Commission on the evening of June 23, 2009 and as shown in Planning Case #09 -22; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 7.5 foot variance to the side yard setback and conditional use permit for a detached garage at 1327 Delaware Ave as proposed in Planning Case #09 -22 is hereby approved with the following conditions: 1 1. The garage snatches the principal building in color. 2. The applicant considers matching the garage's roof style and roof pitch with that of the principal building. 3. Drainage plans will be subject to the review and approval of the City Engineer. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a 7.5 foot variance to the side yard setback and conditional use permit for a detached garage at 1327 Delaware Ave as proposed in Planning Case #09 -22 is hereby approved with the following Findings of Fact: 1. Site topography and an existing power line limit the applicant's ability to meet the required 10 foot side yard setback requirement. 2. The proposed 2.5 foot structure setback will lessen the existing degree of setback non- conformity. 3. The proposed structure is consistent with the intent of the Conditional Use Permit clause allowing detached garages. Adopted by the City Council of the City of Mendota Heights this 71h day of July, 2009. ATTEST: CITY COUNCIL CITY OF MENDOTA By By Kathl en M. Swanson, City Clerk John