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Res 2006- 25 Approving CUP, Variance @ 2455 Visitation DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 06 -25 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, VARIANCE, AND WETLANDS PERMIT FOR AN OUTDOOR CLASSROOM AT 2455 VISITATION DRIVE WHEREAS, Mr. Richard J. Davem has applied for a Conditional Use Permit, Variance, and Wetlands Permit for an Outdoor Classroom at 2455 Visitation Drive [See attached legal description.] as proposed in Planning Case #06 -05; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on March 28, 2006; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit, Valiance, and Wetlands Permit for an Outdoor Classroom as presented to the Planning Commission on the evening of March 28, 2006 and as shown in Planning Case #06 -05; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit, Variance, and Wetlands Permit for an Outdoor Classroom at 2455 Visitation Drive as proposed in Planning Case #06 -05 1. The applicant shall provide additional information pertaining to a pedestrian circulation plan, landscaping plan and site plan for City Staff review prior to final approval. Additionally, the applicant shall include information with regard to the floating dock and its design, as well as an erosion control plan and information on temporary plantings and nurse grass. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The City has granted flexibility for accessory structures in situations where institutional uses, such as schools, can demonstrate that additional accessory structures are necessary. In this case the outdoor classroom will serve as a functional purpose of the school and its curriculum. 2. With conditions as noted, the proposed accessory building will not create conflicts with the existing building or operation of the existing site. 3. The proposed accessory building meets all zoning ordinance standards for setback, height, and other regulations. 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, Variance, and Wetlands Permit for an Outdoor Classroom for 2455 Visitation Drive as proposed in Planning Case #06-05 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 4th day of April, 2006. ATTEST: By Katb een M. Swanson, City Clerk CITY COUNCIL CITY 0 M DOTA-4HEIGHTS By r Jo ibeAr