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Res 2005- 72 Approving Variance @ 662 Sibley Memorial HwyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05- 72 A RESOLUTION APPROVING A THREE-FOOT HEIGHT VARIANCE FOR A DRIVEWAY GATE AT 662 SIBLEY MEMORIAL HIGHWAY WHEREAS, Michael Harms have applied for a Three-Foot Height Variance for a Driveway Gate at 662 Sibley Memorial Highway [Lot 2, Block 1, Ivy Falls Addition, Mendota Heights, MN] as proposed in Planning Case #05-37; and WHEREAS, 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 Three-Foot Height Variance for a Driveway Gate as presented to the Planning Commission on the evening of August 23, 2005 and as shown in Planning Case #05-37; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Three-Foot Height Variance for a Driveway Gate for 662 Sibley Memorial Highway as proposed in Planning Case #05-37 is hereby approved on the following conditions: 1. The gate shall be equipped with an automatic opening mechanism that overrides any locking device on the gate for emergency vehicle access (i.e., Police, Fire, or Ambulance). This mechanism shall function even in the event of a power outage. This mechanism shall be inspected and approved by the Mendota Heights Police and Fire Departments. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The variance is necessary in order to put the property to reasonable use. 2. 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. The fence is necessary to mitigate safety concerns arising from the volume and speed of traffic on the state highway, the blind approach of the intersection of the state highway and Sylvandale Road, and the severe topography of the property. 3. Approval of the requested variance will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Three -Foot Height Variance for a Driveway Gate for 662 Sibley Memorial Highway as proposed in Planning Case #05 -37 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 MENDOTA HEIGHTS By By Kathl en M. Swanson, City Clerk John