Res 2005- 62 Approving Variances @ 2237 Apache StreetCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05- 62
A RESOLUTION APPROVING VARIANCES
FOR THE PARKING OF A RECREATIONAL VEHICLE
AT 2237 APACHE STREET
WHEREAS, Michael and Lisa Coonan (the "Applicants ") have applied to the City of
Mendota Heights (the "City ") for Variances for the Parking of a Recreational Vehicle (an "RV ")
at 2237 Apache Street [Lot Nine (9), Block Seven (7), Friendly Hills Re -Arr. According to the
plat thereof on file and of record in the office of the Register of Titles Within and for said
County and State, PIN =27- 27800 - 090 -07 (the "Property")] (the "Application ") as proposed in
Planning Case #05 -32 (the "Planning Case "); and
WHEREAS, City Ordinance 12 -1 J -1 6 -B1 (the "RV Setback Ordinance "), requires that
on a residential lot the owner's RV must be parked in a parking space, a garage stall or a rear
yard "within ten feet (10') of an interior side lot line and rear lot line;" and
WHEREAS, City Ordinance 12 -1 J -4 (the "Outside Storage Ordinance "), requires that
RVs "be parked on a paved surface other than a typical driveway," "be adequately screened" and
be restricted to a side or rear year only, provided that "any such side yard storage shall not be
adjacent to a street; and further provided, that all setback requirements shall be met," which as
set forth in City Ordinance 12 -1 E -3 D -3 (the "Side Yard Setback Ordinance ") requires "ten (10)
feet on each side or half (1/2) the height of the structure contiguous to the side yard, whichever is
greater, to a maximum of fifteen (15) feet;" and
WHEREAS, the Property has no appropriate garage stall or parking space available and
does not accommodate parking of an RV in the rear yard as required by the RV Setback
Ordinance due to the following factors: 1) the steepness of the slope on the west side yard not
permitting RV access to the rear yard, 2) the presence of a natural drainage area along the west
side yard and a portion of the rear yard further hindering RV access to the rear yard, 3) the
narrowness of the area to turn on the east side yard preventing RV access to the rear yard, due to
the unique footprint of the house structure and substandard width of the Property and 4) the
likelihood of a worsened aesthetic relationship between the Property and its neighbor to the east,
particularly the view of the Property from the neighboring property to the east, from storage of an
RV in the rear yard; and
WHEREAS, a paved parking space on a side yard with enough setback to meet the
specifications of the Outside Storage Ordinance and the Side Yard Setback Ordinance cannot be
constructed on the Property due to: 1) the presence of a steep slope on the west side yard and 2)
the narrowness of the east side yard due to the unique footprint of the house structure and
substandard width of the Property.
WHEREAS, The Planning Commission held a public hearing on the Application at their
regular meeting on July 26, 2005 (the "Meeting "); and
WHEREAS, The Planning Commission voted to recommend that the City Council
approve the Application as presented to the Planning Commission at the Meeting and as show in
the Planning Case;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that Variances for the Parking of a Recreational Vehicle for 2237
Apache Street as proposed in Planning Case #05 -32 (the "Variances ") are hereby approved on
the condition that the Applicants provide additional screening of the RV parked on the Property
(the "Condition ").
BE IT FURTHER RESOLVED that in support of the above approval, the City Council
hereby snakes the following Findings of Fact:
1. The Variances are necessary in order to put the Property to reasonable use, allowing the
Applicants the same ability to park an RV on the Property that other City property
owners have under the rear yard exception to the RV Setback Ordinance or through
use of a paved parking space as permitted by the RV Setback Ordinance and the Side
Yard Setback Ordinance.
2. The particular factors described in the Recitals to this Resolution are associated with
unique aspects of the Property, including the steep slope and lay of the western part
of Property, the necessity of providing adequate drainage to the Property and its
neighbors, the particular shape of the building footprint on the property and its and
substandard lot width, and the particular aesthetic context of the Property and its
eastern neighbor.
3. Approval of the Variances with the Condition will not impair adequate light and air to
adjacent property, substantially increase hazards including fire, diminish or impair
property values in the neighborhood or alter the essential character of the
neighborhood.
BE IT FURTHER RESOLVED that the Variances with the Condition 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 16th day of August, 2005.
ATTEST:
By
Kati een M. Swanson, City Clerk
2421940v1
CITY COUNCIL
CITY 0 ME 1 OTA HE GHTS
By
John