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Res 2006- 43 Approving CUP @ 651 First AvenueCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION W6443 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR A DETACHED GARAGE AT 651 FIRST AVENUE WHEREAS, Mr. Thomas W. Ullman has applied for a Conditional Use Permit and Variance for a Detached Garage at 651 First Avenue [Lot 8, Block 6, TT Smith Subdivision (PID #27-69702-080-06)] as proposed in Planning Case #06-15; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on May 23, 2006; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit and Variance for a Detached Garage as presented to the Planning Commission on the evening of May 23, 2006 and as shown in Planning Case #06-15; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Pen-nit and Variance for a Detached Garage at 651 First Avenue as proposed in Planning Case #06-15 is hereby approved on the following conditions: 1. The garage must match the principal building in color. 2. The garage may not be larger than 750 square feet. 3. No garage doors over 9 feet in height shall be permitted. 4. The applicant shall revise the proposed side yard setback to a minimum of 15 feet to allow room for a vehicle to be parked in the driveway. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The Zoning Ordinance provides for detached garages between 440 and 750 square feet by Conditional Use Permit. 2. The applicant currently has a detached garage that is below the City's zoning minimum in size. 3. The existing garage violates setbacks for side and rear yards in the R-1 Single Family Zoning District. 4. The replacement garage will meet the City's size requirements at 720 square feet in floor area. 5. The parcel in question is narrow and does not pen-nit location of a reasonable garage without setback violations. 6. By moving the proposed garage from the location of the current garage to provide a setback of 15 to 20 feet, a safer parking arrangement can result from approval of the CUP and variance. 7. The variance is necessary in order to put the property to reasonable use. 8. There are unique circumstances pertaining to the applicant's property not caused by the owner that create a sufficient hardship to justify the requested variance. 9. Approval of the requested variance will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Conditional Use Permit and Variance for a Detached Garage for 651 First Avenue as proposed in Planning Case #06-15 would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surroundiniz land, and would not be adverse to the Reneral purpose intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 6th day of June, 2006. ATTEST: CITY COUNCIL CITY OF MENDOTA H IGHTS B Y � R vee By ��� Je�e —0� y Kath n M. Swanson, City Clerk John r, W-1pe"