Res 2005- 58 Approving Variance @ 1003 Chippewa AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 -58
A RESOLUTION APPROVING A SETBACK VARIANCE
FOR A DRIVEWAY AT 1003 CHIPPEWA AVENUE
WHEREAS, Alicia McMonigal has applied for a Setback Variance for a
Driveway at 1003 Chippewa Avenue [The north one half (N1 /2) of the north one half (N
1 /2) of lots six (6) and seven (7) in Block one (1) of John H. Morrison's addition to Saint
Paul, Dakota County, MN. PIN: 27- 49200 - 071 -01] as proposed in Planning Case #05-
31; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on July 26, 2005; and
WHEREAS, The Planning Commission voted to recommend that the Council
approve the Setback Variance for a Driveway as presented to the Planning Commission
on the evening of July 26, 2005 and as shown in Planning Case #05 -31;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Setback Variance for a Driveway for 1003 Chippewa
Avenue as proposed in Planning Case #05 -31 is hereby approved on the following
conditions:
1. The driveway shall be constructed a minimum of two feet from the side lot
line
2. The applicant shall replace the existing curb cut with concrete curb and gutter
and install a new curb cut at the new driveway. The applicant shall be
responsible for the costs incurred to reposition all the curb and curb cut
modifications in keeping with City standards.
BE IT FURTHER RESOLVED that in support of the above approval, the
Council hereby makes the following Findings of Fact:
The proposed driveway would encroach 2 feet into the side lot line setback to
the south.
2. Due to garage and carport location, the driveway location on the parcel cannot
be altered at the building line.
3. The existing driveway is in disrepair and causes erosion problems on adjacent
land owner's property.
4. The existing driveway's curvilinear form causes safety concern, due to low
visibility.
5. The variance is necessary in order to put the property to reasonable use.
6. 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.
7. Approval of the requested variance will not alter the essential character of the
neighborhood.
BE IT FURTHER RESOLVED that the Setback Variance for a Driveway for
1003 Chippewa Avenue as proposed in Planning Case #05-31 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 2nd day of August, 2005.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA
By
Jo
air
larr r, or
EIGHTS