Res 2005- 95 Critical Area Permit @ 1010 Sibley Mem HwyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05- 95
A RESOLUTION APPROVING A CRITICAL AREA PERMIT
AND THREE-FOOT HEIGHT VARIANCE FOR A FENCE (DRIVEWAY GATE)
AT 1010 SIBLEY MEMORIAL HIGHWAY
WHEREAS, Timothy Dyrhaug, on behalf of Alan Landreville has applied for a
Critical Area Pen-nit and Three-Foot Height Variance for a Fence (Driveway Gate) at
1010 Sibley Memorial Highway [NE Quarter SW Quarter 23-028-23, PID #27- 03700-
010-08] as proposed in Planning Case #05-49; 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 Critical Area Pen-nit and Three-Foot Height Variance for a Fence (Driveway
Gate) as presented to the Planning Commission on the evening of September 27, 2005
and as shown in Planning Case #05-49;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Critical Area Permit and Three-Foot Height Variance for
a Fence (Driveway Gate) for 1010 Sibley Memorial Highway as proposed in Planning
Case #05-49 is hereby approved on the following condition:
1. The gate shall be reviewed and approved by the Police Department for emergency
vehicle access.
BE IT FURTHER RESOLVED that in support of the above approval, the
Council hereby makes the following Findings of Fact:
1. The applicant's driveway runs parallel to Highway 13 in the area of the fence.
2. The gate location provides for adequate vehicle waiting to avoid conflicts with
Highway 13 traffic.
3. The gate is necessary to deter uninvited vehicles from using the area for parking
and access.
4. A safety issue is present that can only be resolved by the gate, due to the length of
the driveway and large size of the property.
5. The variance is necessary in order to put the property to reasonable use.
6. 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.
7. Approval of the requested variance will not alter the essential character of the
neighborhood.
BE IT FURTHER RESOLVED that the Critical Area Permit and Three -Foot
Height Variance for a Fence (Driveway Gate) for 1010 Sibley Memorial Highway as
proposed in Planning Case #05 -49 under the above condition 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 nF_NDOT IGHTS
By ��� By —
Kathl en M. Swanson, City Clerk Jo er, r