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Res 2005- 98 Approving Variance @ 1938 Dodd RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05-98 A RESOLUTION APPROVING A 29-FOOT FRONT YARD SETBACK VARIANCE FOR A REPLACEMENT MONUMENT SIGN AT 1938 DODD ROAD WHEREAS, Dr. Ernest Hinson (Covenant Properties, LLQ has applied for a 29- Foot Front Yard Setback Variance for a Replacement Monument Sign at 1938 Dodd Road [Lot I Block 1 Birch Addition, PID #27-13900-010-01] as proposed in Planning Case #05-53; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on September 27, 2005; and WHEREAS, The Planning Commission voted to recommend that the Council approve the 29-Foot Front Yard Setback Variance for a Replacement Monument Sign as presented to the Planning Commission on the evening of September 27, 2005 and as shown in Planning Case #05-53; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 29-Foot Front Yard Setback Variance for a Replacement Monument Sign for 1938 Dodd Road as proposed in Planning Case #05-53 is hereby approved on the following conditions: I . The lighting for the sign shall be turned off by 10:00 pm each evening. 2. The lighting for the sign shall be no brighter than the lighting for the senior housing monument sign at the Village of Mendota Heights. 3. The lighting for the sign shall not create glare for drivers on Dodd Road going in either direction. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. Sign visibility is obscured by existing buildings and vegetation. 2. Obscured business identification can lead to roadway safety issues in this location. 3. The area's PUD designation permits flexibility to other businesses in the district. 4. The sign meets all other sign ordinance requirements. BE IT FURTHER RESOLVED that the 29 -Foot Front Yard Setback Variance for a Replacement Monument Sign for 1938 Dodd Road as proposed in Planning Case #05 -53 under the above conditions 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 5th day of October, 2005. ATTEST: CITY COUNCIL CITY Re NDOT EIGHTS Bye BY _. — Ka een M. Swanson, City Clerk John r