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Res 2008-42 Approving Variance @ 2498 Pond Cir EastCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 08 -42 A RESOLUTION APPROVING A 15 FOOT VARIANCE TO THE SIDE YARD SETBACK AT 2498 POND CIRCLE EAST WHEREAS, Ross Anderson has applied for a 15 foot variance to the side yard setback to expand the existing driveway at 2498 Pond Circle East [PIN: 27- 31800 - 180 -04; Lot 18 Block 4 Hampshire Estates] as proposed in Planning Case #08 -16; 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 as presented to the Planning Commission on the evening of June 24, 2008 and as shown in Planning Case #08 -16. WHEREAS, the applicant has provided staff additional material defining the hardship and identifying alternative options which were considered, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a fifteen foot variance to the side yard setback at 2498 Pond Circle Ease as proposed in Planning Case #08 -16 is hereby approved with the following conditions: 1. A permit is required for the driveway extension and ramp. 2. All curb cuts for driveways in connection with single - family dwellings shall conform in all respects with this chapter and the specifications set forth on city driveway detail sheets. A plan showing proposed curb cuts and driveway location and design shall be submitted for all new or reconstructed driveways. 3. All driveways, required off street parking spaces and other areas intended to be utilized primarily for parking purposes shall be surfaced with concrete or bituminous surfaces. 4. Driveways shall be no greater than twenty five feet (25') wide at the property line. 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 — property is surrounded by three rights -of -way. 2. A hardship exists in putting the property to reasonable use — access to the home. 3. The proposed project does not alter the essential character of the neighborhood. 4. The proposed use is consistent with the comprehensive plan. Adopted by the City Council of the City of Mendota Heights This 1St day of July, 2008. ATTEST: By K thleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Jo ,d6t &-r Legal Description: 1680 Lexington Ave Section 23 TWN 28 Range 23 Pt of Govt Lot 5 Com SW Cor Sec N on W line 1470.40 Ft cont N 83D45M E 70ft N 29D 13M E 89.07 ft N 37D 16M E 120.70 ft N 42D 12M 30S E 136.12 ft N 56D 30M E 36.01ft N 21D 46M 05S W 232.52ft to C/L Sth No 13 SW on C/L 322.84 ft to W line S On W Line 384.78 ft to beg