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Res 2005- 96 Approving Variance @ 1240 Dodd RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05- 96 , A RESOLUTION APPROVING A TWO-FOOT SIDE YARD SETBACK VARIANCE FOR A REPLACEMENT DRIVEWAY AT 1240 DODD ROAD WHEREAS, Lawrence Fryklund have applied for a Two-Foot Side Yard Setback Variance for a Replacement Driveway at 1240 Dodd Road [Lot 5 Block 12 Somerset View Addition, PID# 27-71150-050-12] as proposed in Planning Case #05-50; 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 Two-Foot Side Yard Setback Variance for a Replacement Driveway as presented to the Planning Commission on the evening of September 27, 2005 and as shown in Planning Case #05-50; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Two-Foot Side Yard Setback Variance for a Replacement Driveway for 1240 Dodd Road as proposed in Planning Case #05-50 is hereby approved. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1 The applicant's garage location makes replacement of the driveway with a 3 foot setback necessary for access to the existing garage. 2. The replacement of the existing driveway in the current location would be consistent with previous approvals for driveway reconstruction variances. 3. Moving the entire driveway to meet the 5 foot setback would interfere with reasonable access to the existing garage. 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 Two-Foot Side Yard Setback Variance for a Replacement Driveway for 1240 Dodd Road as proposed in Planning Case #05-50 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 OF E ROTA EIGHTS By - 6 By Mr &1111� Katbl- M. Swans-on, City Clerk John M