Res 2009- 16 Approving Critical Area Permit @ 1199 Culligan LnCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 09 -16
A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND A ONE FOOT VARIANCE
TO THE FRONT YARD SETBACK AT 1199 CULLIGAN LANE
WHEREAS, Mr. Eric Bergum, on behalf of Tom Gavin, has applied for a critical area permit
and a variance to the fiont yard setback to construct a covered entry at 1199 Culligan Lane [Leone
Rearrangement Lot 4; PID 27- 44900 - 040 -00] as proposed in Planning Case #09 -05; and
WHEREAS, The Planing Commission held a public hearing on this application at their regular
meeting on February 24, 2009; and
WHEREAS, The Planning Commission recommended that the City Council approve a critical
area permit and a one foot variance to the front yard setback at 1199 Culligan Lane as presented to the
Planning Commission on the evening of February 24, 2009 and as shown in Plamung Case #09 -05;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that a critical area permit as proposed in Planning Case #09 -05 is hereby approved
with the following Findings of Fact:
1. The roof construction project shall not involve landscaping, paving, changing in grades, soil loss, or
altering of slopes; therefore it shall not jeopardize the aesthetic integrity and natural environment of
the Mississippi River corridor critical area.
BE IT FURTHER RESOLVED that the City Council of the City of Mendota Heights that a one
foot variance to the front yard setback as proposed in Planning Case #09 -05 is hereby approved with the
following Findings of Fact:
1. A unique condition exists that creates a hardship in putting the property to reasonable use if the strict
standards of the Ordinance are applied;
2. The southern exposure of the home creates a hardship leading to the deterioration of the entrance of
the home;
3. Reasonable use of a home includes the avoidance of weather related negative impacts to siding steps,
and other features of the home, as well as the comfort and protection of guests waiting to enter the
home;
4. The proposed construction project will not alter the essential character and development of the
neighborhood; and
5. The application is consistent with the Comprehensive Plan.
Adopted by the City Council of the City of Mendota Heights this 3`a day of March, 2009.
ATTEST:
CITY COUNCIL
CITY OF MENDOTA, ftEIGHTS
By /G By
Kathleen M. Swanson, City Clerk John H