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Res 2013- 91 Variance for 2471 Pond Circle EReceipt# 304221 ABSTRACT FEE 1 1111 11111 11111 11111 MEMO 11 11 "soo 2986487 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 Recorded on: 11/15/2013 01:15:48PM By: STG, Deputy Joel T. Beckman County Recorder Dakota County, MN ror recoraung 6)--4 0? CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -91 RESOLUTION APPROVING AN ACCESSORY STRUCTURE SETBACK VARIANCE AT 2471 POND CIRCLE EAST WHEREAS, Ken and Mary Paquin have applied for a variance to construct an accessory building within the required setback from a public street at 2471 Pond Circle East [PIN:27- 31800-05 -040, Hampshire Estates, Lot 4, Block 5] as proposed in Planning Case 2013 -16; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council approve the variance as shown in Planning Case 2013 -16. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in Planning Case 2013 -16 is hereby approved with the following findings of fact: 1. The proposed site has unique characteristics in the neighborhood with regard to lot shape, home design, mature vegetation, and distinctive topography, and is bounded by public streets on two sides. 2. The additional setback standard imposed by a side yard frontage on a public street in combination with the unique characteristics of the site places a substantial burden on locating an accessory structure and constitutes a "practical difficulty" for such use. 3. The setback encroachment is screened by existing vegetation on the site and is a greater distance from the side lot line than would be required if the side yard did not abut a public street. 4. The encroachment as designed meets the performance standards in the code for accessory structures in all other respects. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. Lorri Smith, City Clerk CITY COUNCIL ITY ! MENDOTA HEIGHTS g07-1'-/r andra Kre ach, Mayor STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2013 -91: Variance for 2471 Pond Circle E is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on November 5, 2013. Signed.and seal;,d� by my hand on this 5"' day of November, 2013. Lorri Smith City Clerk for recording CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -91 RESOLUTION APPROVING AN ACCESSORY STRUCTURE SETBACK VARIANCE AT 2471 POND CIRCLE EAST WHEREAS, Ken and Mary Paquin have applied for a variance to construct an accessory building within the required setback from a public street at 2471 Pond Circle East [PIN:27- 31800-05 -040, Hampshire Estates, Lot 4, Block 5] as proposed in Planning Case 2013 -16; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meeting on October 22, 2013; and WHEREAS, the Planning Commission recommended that the City Council approve the variance as shown in Planning Case 2013 -16. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a variance as proposed in Planning Case 2013 -16 is hereby approved with the following findings of fact: 1. The proposed site has unique characteristics in the neighborhood with regard to lot shape, home design, mature vegetation, and distinctive topography, and is bounded by public streets on two sides. 2. The additional setback standard imposed by a side yard frontage on a public street in combination with the unique characteristics of the site places a substantial burden on locating an accessory structure and constitutes a "practical difficulty" for such use. 3. The setback encroachment is screened by existing vegetation on the site and is a greater distance from the side lot line than would be required if the side yard did not abut a public street. 4. The encroachment as designed meets the performance standards in the code for accessory structures in all other respects. Adopted by the City Council of the City of Mendota Heights this fifth day of November, 2013. Lorri Smith, City Clerk CITY COUNCIL -ITY . MENDOTA HEIGHTS andra Kre ach, Mayor