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Res 2006- 32 Approving CUP @ 1355 Dodd RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 -32 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL AND VARIANCE FOR PARKING LOT SETBACK AT SOMERSET ELEMENTARY SCHOOL, 1355 DODD ROAD WHEREAS, Mr. Paul R. Aplikowski of Wold Architects and Engineers has applied for a Conditional Use Permit for Fill and Variance for Parking Lot Setback at 1355 Dodd Road [See attached legal description.] as proposed in Planning Case 406 -12; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on April 25, 2006; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit for Fill and Variance for Parking Lot Setback as presented to the Planning Commission on the evening of April 25, 2006 and as shown in Planning Case #06 -12; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the Lot Setback at 1355 Dodd Road as proposed in Planning Case #06 -12 is hereby approved on the following conditions: 1. The grading, drainage and erosion control plans are subject to the review and approval of the City Engineer. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed project will improve the overall site area by re- grading portions of the parking lot and improving pedestrian maneuverability within the site area. 2. The applicant has shown a hardship in complying with the zoning regulations in that no reasonable alternative exists for expanding parking area. 3. Alternative locations for expanding the parking area to the north would result in other variances being sought. 4. The variance is necessary in order to put the property to reasonable use. 5. 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. 6. Approval of the requested variance will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Conditional Use Permit for Fill and Variance for Parking Lot Setback for 1355 Dodd Road as proposed in Planning Case #06- 12 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 2nd day of May, 2006. ATTEST: By Katle�nt Mwan�son, City Clerk CITY COUNCIL CITY OF MENDOTA HEI HTS By A John —H er JaerV LEGAL DESCRIPTION FOR SOMERSET ELEMENTARY SCHOOL, 1355 Dodd Road Lot 20 and Lot 23, Auditor's Subdivision No. 3; together with Lots 1 through 15, inclusive, Block 1, T.T. Smith's Subdivision No. 3, according to the plats thereof of record in Dakota County, Minnesota; together with vacated streets and alleys abutting thereto (PID 927-03800-010-23).