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Res 2006- 42 Approving CUP @ 906 Nina CourtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06-42 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SIX-FOOT FENCE AT 906 NINA COURT WHEREAS, Mr. Ryan C. Bums has applied for a Conditional Use Permit for a Six-Foot Fence at 906 Nina Court [Lot 21, Block 3, South Ridge, PID #27- 71275 -210- 03] as proposed in Planning Case #06-14; 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 Pen-nit for a Six-Foot Fence as presented to the Planning Commission on the evening of May 23, 2006 and as shown in Planning Case #06-14; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for a Six-Foot Fence at 906 Nina Court as proposed in Planning Case #06-14 is hereby approved on the following conditions: 1. The fence will have a 15 foot side yard setback off Diane Road and run along the rear lot line. The fence will be six feet tall and will be constructed of one inch by six inch red cedar boards with four inches of separation between slats. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: I The proposed fence exceeds the 30% openness requirement of the Zoning Ordinance. 2. The proposed fence will be constructed of materials which, given its location, will result in a positive visual impact. 3. The proposed fence complies with the requirements and intent of the Conditional Use Pen-nit regulations. BE IT FURTHER RESOLVED that the Conditional Use Permit for a Six-Foot Fence for 906 Nina Court as proposed in Planning Case #06-14 would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and 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 - HEIGHTS By KatWen M. Swanson, City Clerk Jo r IV r