Res 2005- 18 Denying Variance @ 1167 Dodd RdCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05 -18
A RESOLUTION DENYING A 20 -FOOT REAR YARD SETBACK VARIANCE
FOR A NEW HOME FOR ROBERT ALVAREZ AT 1167 DODD ROAD
'WHEREAS, Robert Alvarez has applied for a 20 -Foot Rear Yard Setback for a
New Home at 1167 Dodd Road [Kirchner Addition Lot 9] as proposed in materials
submitted to the Council for their March 15, 2005 meeting,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that this Twenty -Foot Rear Yard Setback Variance for A New
Home, as presented to the Council on the evening of March 15, 2005 and as shown in
materials submitted to the Council for their March 15, 2005 meeting is hereby denied.
BE IT FURTHER RESOLVED that in support of the above denial, the Council
hereby makes the following Findings of Fact:
1. The Lot Width Variance is not necessary in order to put the property to reasonable
use. Pursuant to the existing setbacks and zoning requirements, the applicant would
be capable of building a single family residential home on the lot without a variance.
The Council has determined that the applicant's desire to build a larger house does
not constitute an undue hardship within the meaning of Minn. Stat. 462.357 Subd. 6;
and
2. The Council finds that a single family home could be built on the lot without a
variance. The configuration and topography of the applicant's lot does allow for the
building of a home as demonstrated by the testimony of the applicant's planner and
several of the plans submitted by the applicant to the Council for review in this
matter. The Council finds that any hardship claimed by the applicant related to the
need for a different configuration or layout is being imposed by the applicant based on
the applicant's desire for such other configurations. Based on this self-imposition of
hardship the Council further finds that a variance is not justified; and
3. The Council finds that granting the Twenty -Foot Rear Yard Setback Variance would
alter the essential character of the neighborhood based on the receipt of testimony
from neighbors and review of the plans proposed by the applicant and his planner
which show a potentially undesirable overcrowding of dwelling units in close
proximity to each other and a potential unsafe traffic condition might be created with
driveways potentially too close to each other on the same busy street.
BE IT FURTHER RESOLVED that the Twenty-Foot Rear Yard Setback
Variance for a New Home for 1167 Dodd Road as proposed in materials submitted to the
Council for their March 15, 2005 meeting 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 April, 2005.
ATTEST: CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By 4z,rgeez„.0/4( jw-
Kathleen M. Swanson, City Clerk