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Res 2008-43 Variance @ 1680 Lexington AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 08 -43 A RESOLUTION APPROVING A 5' VARIANCE TO THE SIDE YARD SETBACK AND A CRITICAL AREA MODIFIED SITE PLAN REVIEW AT 1680 LEXINGTON AVE WHEREAS, Keith Ostrosky has applied for a 5 -foot variances to the side yard setback to construct two additions to the home at 1680 Lexington Avenue [PIN: 27- 02300- 010 -50; (See attached Legal Description)] as proposed in Planning Case #08 -17; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on June 24, 2008; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Variance and the critical area modified site plan as presented to the Planning Commission on the evening of June 24, 2008 and as shown in Planning Case #08 -17. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that two five foot variances to the side. yard setback and a critical area permit at 1680 Lexington Avenue East as proposed in Planning Case #08 -17 are hereby approved with the following conditions: 1. Submittal of a detailed site plan indicating any proposed grading. 2. The applicant shall commit to preserving existing vegetation. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following findings of fact: 1. A unique condition exists — topography is limiting. 2. A hardship exists in putting the property to reasonable use — location of the home within the required setback. 3. The proposed project does not alter the essential character of the neighborhood. 4. The proposed use is consistent with the comprehensive plan. 5. The proposed drainage and erosion work will not jeopardize the aesthetic integrity and natural environment of the Mississippi River corridor critical area. Adopted by the City Council of the City of Mendota Heights This 1St day of July, 2008. ATTEST: ByCr�i'u KaKhleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Jo I e , �or