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Res 2009- 39 Denying Variance @ 1818 Faro LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 09 -39 A RESOLUTION DENYING A TWO FOOT VARIANCE TO THE SIDE YARD SETBACK FOR A DRIVEWAY EXPANSTION AT 1818 FARO LANE WHEREAS, Howard Paper has applied for a two foot variance to the side yard setback for a driveway expansion at 1818 Faro Lane [Lexington Highlands East Lot 7 Block 2; PID 27- 44950- 070 -02] as proposed in Planning Case #09 -12; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on May 26, 2009; and WHEREAS, The Planning Commission recormnended that the Council deny the variance for a driveway expansion as presented to the Planning Commission on the evening of May 26, 2009 and as shown in Planning Case 409 -12; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a two foot variance to the side yard setback for a driveway expansion as proposed in planning Case #09 -12 is hereby denied with the following Findings of Fact: 1. The proposed variance is for driveway that provides access to a garage expansion undertaken by the owner of the property, rather than a unique condition of the property. 2. The new garage addition can be accessed by a narrower driveway without need for the variance. 3. The driveway encroachment would negatively impact the typical side -yard green space and drainage area for property in the neighborhood. Adopted by the City Council of the City of Mendota Heights this 2nd day of June, 2009. ATTEST: CITY COUNCIL CITY OF MENDOTA HE HTS By By Kath een M. Swanson, City Clerk John H e , i