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Res 2007- 32 Approving CUP/Variance @ 933 Delaware AveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 07 -32 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND 6' VARIANCE TO THE REAR YARD SETBACK FOR A DETACHED GARAGE AT 933 DELAWARE AVE WHEREAS, Noel Nelson has applied for a Conditional Use Permit and 6' Variance to the Rear Yard Setback for a Detached Garage at 933 Delaware Ave [PIN: 27- 71600- 111 -00] as proposed in Planning Case #07 -11; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on April 25, 2007; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit and Variance as presented to the Planning Commission on the evening of April 25,, 2007 and as shown in Planning Case #07 -11. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit and 6' Variance to the Rear Yard Setback for a Detached Garage at 933 Delaware Ave as proposed in Planning Case #07 -11 is hereby approved. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. A 4 foot setback would reduce the current degree of setback non - conformity 2. A 4 foot setback would accommodate an easement for a utility pole on the adjacent property behind the current garage 3. Compliance with the 10 foot setback would require the removal of existing an existing tree and a garden 4. Compliance with the 10 foot setback could alter the essential character of a neighborhood where detached garages are placed on rear lot lines. 5. The proposed garage with a 4' rear setback is a reasonable use of property, fitting with the essential character of the neighborhood 6. The proposed garage is consistent with the Conditional Use Permit criteria for this type of structure Adopted by the City Council of the City of Mendota Heights This l't day of May, 2007. ATTEST: Kat een M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS BS' ' -- John Hu ay r