Res 2005- 94 Approving Variance @ 1281 Delaware AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05- 94
A RESOLUTION APPROVING
A FOURTEEN-FOOT SIDE YARD SETBACK VARIANCE
FOR AN ATTACHED GARAGE AT 1281 DELAWARE AVENUE
WHEREAS, Rod Cina has applied for a Fourteen-Foot Side Yard Setback
Variance for an Attached Garage at 1281 Delaware Avenue [Lot I Block I Somerset
Heights, PID# 27- 71000- 010 -01] as proposed in Planning Case #05-48; 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 Fourteen-Foot Side Yard Setback Variance for an Attached Garage as
presented to the Planning Commission on the evening of September 27, 2005 and as
shown in Planning Case #05-48;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Fourteen-Foot Side Yard Setback Variance for an
Attached Garage for 1281 Delaware Avenue as proposed in Planning Case #05-48 is
hereby approved on the following conditions:
The applicant shall remove the existing garage thirty (30) days after completion of
the attached garage.
2. No more than one (1) street access shall be allowed for the property.
BE IT FURTHER RESOLVED that in support of the above approval, the
Council hereby makes the following Findings of Fact:
1. The existing house has established a setback within the 30 foot street setback area.
2. The City's Zoning Ordinance prefers attached garages for residential structures
over detached garages.
3. The topography of the lot makes moving the location of the proposed attached
garage impractical.
4. An attached garage in the proposed location will not impair traffic safety, and will
better meet the intent of the zoning ordinance than the existing detached garage.
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 Fourteen-Foot Side Yard Setback
Variance for an Attached Garage for 1281 Delaware Avenue as proposed in Planning
Case #05-48 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:
By
h� 1
en
- T.T. Swanson, City Clerk
CITY COUNCIL