Res 2005- 46 Wetlands Permit 2303 Swan DrCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 -46
A RESOLUTION APPROVING A WETLANDS PERMIT
TO ENCROACH 60 FEET INTO THE WETLANDS BUFFER
FOR A DISTANCE OF 40 FEET FROM THE WETLAND
AND DENYING A 30 FOOT SIDE YARD SETBACK VARIANCE
FOR A HOME ADDITION AT 2303 SWAN DRIVE
WHEREAS, Patrick Hickey has applied for a Wetlands Permit to Encroach 60
feet into the Wetlands Buffer for a Distance of 40 Feet from the Wetland and 30 Foot
Side Yard Setback Variance for a Home Addition at 2303 Swan Drive [Rogers Lakeside
East Lot 1 Block 1, PIN# 27- 64600 - 010 -01] as proposed in Planning Case #05 -27; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on June 28, 2005; and
WHEREAS, The Planning Commission voted to recommend that the Council
approve the Wetlands Permit to Encroach 60 feet into the Wetlands Buffer for a Distance
of 40 Feet from the Wetland and deny the 30 Foot Side Yard Setback Variance for a
Home Addition as presented to the Planning Commission on the evening of June 28,
2005 and as shown in Planning Case #05 -27;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Wetlands Permit to Encroach 60 feet into the Wetlands
Buffer for a Distance of 40 Feet from the Wetland for a Home Addition for 2303 Swan
Drive as proposed in Planning Case #05 -27 is hereby approved on the following
condition:
The applicant shall combine the portion of Cheri Lane vacated by the City
Council on July 5, 2005 with his lot at 2303 Swan Drive. Documentation of
this combination shall be provided to the City prior to the issuance of any
building permits.
2. The applicant shall provide for a natural planting buffer to filter stormwater
before it enters the ditch.
BE IT FURTHER RESOLVED that a 30 Foot Side Yard Setback Variance for a
Home Addition for 2303 Swan Drive as proposed in Planning Case #05 -27 is hereby
denied.
BE IT FURTHER RESOLVED that in support of the above variance denial, the
Council hereby makes the following Findings of Fact:
1. The applicant is currently making reasonable use of the property without need
for a variance.
2. There is room on the property to accommodate expansion of the home without
need for a variance.
3. The applicant has not submitted building design plans identifying the location,
architecture, or extent of encroachment of the proposed addition.
BE IT FURTHER RESOLVED that the Wetlands Permit to Encroach 60 feet
into the Wetlands Buffer for a Distance of 40 Feet from the Wetland for a Home Addition
for 2303 Swan Drive as proposed in Planning Case #05-27 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.
BE IT FURTHER RESOLVED that the 30 Foot Side Yard Setback Variance
for a Home Addition for 2303 Swan Drive as proposed in Planning Case #05-27 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 5th day of July, 2005.
ATTEST: CITY COUNCIL
CITY OF NDO, A HEI TS
By
Kathleen M. Swanson, City Clerk