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Res 2005- 91 Approving CUP @ 2540 Arbor CtCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05 -91 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN 1355 SQUARE FOOT ATTACHED GARAGE WHEREAS, David Olsen has applied for a Conditional Use Permit for an 1355 Square Foot Attached Garage at 2540 Arbor Court [Mendota Woods Lot 7 Block 1, PIN = 27-48460-070-01] as proposed in Planning Case #05 -44; 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 Conditional Use Permit for an 1355 Square Foot Attached Garage as presented to the Planning Commission on the evening of September 27, 2005 and as shown in Planning Case #05 -44; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for a 1355 Square Foot Attached Garage for 2540 Arbor Court as proposed in Planning Case #05 -44 is hereby approved on the following condition: The applicant shall submit revised plans showing that the second floor to be constructed on top of the garage will be accessed only via a doorway from the main house. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The zoning ordinance allows attached garages between 1,200 and 1,500 square feet where the garage is compatible with the size of the house. 2. Enclosed storage area over the garage would be considered part of the house if accessible from the house, rather than the garage. 3. The proposed garage, with a change in access to the upper storage, would meet the intent and requirements of the zoning ordinance. BE IT FURTHER RESOLVED that the Conditional Use Permit for an 1355 Square Foot Attached Garage for 2540 Arbor Court as proposed in Planning Case #05 -44 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 OF M D TA HETCHTS By /YJu e- -- By Kat een M. Swanson, City Clerk John Hub y r