Res 2005- 73 Approving Variance @ 1848 Twin CircleCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05-73
A RESOLUTION APPROVING A 2.5-FOOT SIDE YARD SETBACK VARIANCE
FOR ADRIVEWAY REPLACEMENT AT 1848 TWIN CIRCLE
WHEREAS, Francis Herman has applied for a 2.5-Foot Side Yard Setback Variance for
a Driveway Replacement utlQ4XIwinCirole[8tu±eofMN" County of Dakota, Lot Eighteen
(l8), Block (l), Lexington Highland West, PII)=27-44955-l8O-0llee proposed buPlanning Case
#05-39; and
The Planning Commission held a public hearing on this application at their
regular meeting on August 23, 2005; and
WHEREAS, The Planning Commission voted to recommend that the Council approve
the 2.5-Foot Side Yard Setback Variance for a Driveway Replacement as presented to the
Planning Cornmission on the evening of August 23,2OO5 and um shown io Planning Case #05-39;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council ofthe
City of Mendota Heights that a 2.5-Foot Side Yard Setback Variance for a Driveway
Replacement for 1848 Twin Circle as proposed in Planning Case #05-39 is hereby approved on
the foliowing conditions:
1. The applicant shall aoknowledo�tbutifvvodcin required vvdbbothe o�eyard drainage
and utility easement and if - to the driveway occurs, the property owner shall be
responsible for associated repair or re-establishment.
2. The City Engineer shall provide comment and recommendation in regard to drainage
impacts.
BE IT FURTHER RESOLVED that in support ofthe above the Council
hereby makes the following Findings of Fact:
1. The distance between the existing garage and side yard setback does not permit
adequate backing area for vehicles exiting the garage without the variance.
2. The new driveway is replaci an existing condition that functions properly.
3. Redesign to meet the setback is impractical due to the available setback dimensions.
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 2.5 -Foot Side Yard Setback Variance for a
Driveway Replacement for 1848 Twin Circle as proposed in Planning Case #05 -39 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 6th day of September, 2005.
ATTEST:
CITY COUNCIL
CITY OF ME w r OTA HEIGHTS
By y By
Kath een M. Swanson, City Clerk Joh