Res 2005- 70 Approving Critical Area Permit/Deny Variance @1205 CulliganCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05-7,0
A RESOLUTION APPROVING A CRITICAL AREA PERMIT
AND DENYING A HEIGHT VARIANCE
FOR A NEW HOME AT 1205 CULLIGAN LANE
WHEREAS, Kevin Manley have applied for a Critical Area Peliiiit and Height
Variance for a New Home at 1205 Culligan Lane [Certificate of Title No. 10006, Lot 5
Leone Re -Ar Dakota County Mn., and that part of the adjoining Culligan Lane cul -de -sac,
abandoned, lying north of a line extending from the southeast corner of said lot to the
southwest corner of said lot. The west boundary of Lot 5 is marked by the Judicial
Landmarks set pursuant to case No. CX -98 -7128. PID #27- 44900 - 050 -00] as proposed in
Planning Case #05 -35; 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 Critical Area Permit and deny the Height Variance for a New Home as
presented to the Planning Commission on the evening of August 23, 2005 and as shown
in Planning Case #05 -35;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Critical Area Permit for a New Home for 1205 Culligan
Lane as proposed in Planning Case #05 -35 is hereby approved.
BE IT FURTHER RESOLVED by the City Council of the
City of Mendota Heights that a Height Variance for a New Home for 1205 Culligan Lane
as proposed in Planning Case #05 -35 is hereby denied.
BE IT FURTHER RESOLVED that in support of the above Critical Area
Pennit approval, the Council hereby makes the following Findings of Fact:
1. The project, with the exception of the denied height variance, meets or
exceeds all R -1 Zoning District and Critical Area regulations.
2. The property is not on or near a bluff as defined by the Critical Area
Ordinance.
3. The buildable area does not require changes to the grading of any areas in
excess of 18% slope.
4. The majority of the trees on the property are not indigenous to the area, and
are not protected by the Ordinance.
5. The Ordinance permits the removal of vegetation outside of the bluff area
necessary to accommodate construction of conforming structures on
conforming parcels.
BE IT FURTHER RESOLVED that in support of the above Height Variance
denial, the Council hereby makes the following Findings of Fact:
1. The property does not have extraordinary topographic changes that limit the
construction of a conforming building.
2. The applicants could make revisions to the design of the home that would
result in consistency with the 25 foot height limit.
3. The condition creating the request for a variance — the interior room
dimensions — is a result of the actions of the applicant.
4. The property meets and /or exceeds all other R -1 Zoning District requirements.
5. The variance is not necessary in order to put the property to reasonable use.
6. There are no 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 alter the essential character of the
neighborhood.
BE IT FURTHER RESOLVED that the Height Variance for a New Home for
1205 Culligan Lane as proposed in Planning Case #05 -35 under the above conditions
would have an adverse impact on the health, safety, and general welfare of the citizens of
the community and the surrounding land, and would 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:
By
Kathl - en M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS