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Res 2005- 123 CUP Variance for 1979 Summit LnCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05- 123 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE REMOVAL OF 400 CUBIC YARDS OF MATERIAL AND A VARIANCE FOR PARKING LOT CURB AND GUTTER AT MENDOTA HEIGHTS ELEMENTARY SCHOOL WHEREAS, Wold Architects has applied for a Conditional Use Permit for the removal of 400 cubic yards of material and a Variance for eliminating parking lot curb and gutter at Mendota Heights Elementary School, 1979 Summit Lane, PID Number = 27- 02600 - 031 -28, as proposed in Planning Case #05 -57; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on October 25, 2005 at which time the hearing was continued to and held on November 22, 2005; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit for removal of 400 cubic yards of material and a Variance for eliminating parking lot club and gutter as presented to the Planning Commission on the evening of November 22, 2005 and as shown in Planning Case #05 -57; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for the removal of 400 cubic yards of material and a Variance for elimination of parking lot curb and gutter for Mendota Heights Elementary School as proposed in Planning Case #05 -57 is hereby approved. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed improvements increase impervious surface requiring storm water features to be constructed that will control the rate of storm water runoff from the site. 2. Construction of concrete curb and gutter around the entire parking lot and driveway would require an 8 foot deep storm water pond to be constructed adjacent to the play ground area which would compromise the safety of those using the playground. 3. Eliminating a curb and gutter along the east side of the driveway in conjunction with a dry basin provides storm water runoff rate control. 4. The variance is necessary in order to put the property to reasonable use. 5. 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. 6. Approval of the requested variance will not alter the essential character of the neighborhood. BE IT FURTHER RESOLVED that the Conditional Use Permit for removal of 400 cubic yards of material a Variance for eliminating parking lot curb and gutter Mendota Heights Elementary School as proposed in Planning Case #05 -57 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 5th day of October, 2005. ATTEST: By -,� — — Kat een �M.Swanson, City Clerk COUNCIL CITY TIII i i