HomeMy WebLinkAboutResolution No. 284-14 r
• 284-14 F6
RESOLUTION
WHEREAS, Rochester Top Soil applied for a Type III, Phase II Conditional Use Permit
(#2014-011) to allow the placement of fill within a portion of land that is designated as flood
prone for Willow Creek. The property is located along the north side of 40th Street S.E., along
the west side of Woodlake Drive S.E., and along the east side of Highway 63; and,
WHEREAS, R.C.O. §§61.146 (Standards for Conditional Use Permits), 62.824
(Conditional Use Permits — Standards for Approval) and 62.860 (Construction Standards in the
Flood Prone District) provide the relevant criteria for the review of this application; and,
WHEREAS, on June 11, 2014, the Rochester Planning and Zoning Commission held a
public hearing on said conditional use permit, reviewed the application according to the
requirements of R.C.O. §§61.146, 62.824 and 62.860 granted the requested conditional use
permit and recommended approval based upon Planning Department staffs recommendation,
subject to the following conditions:
1. The applicant shall obtain approval of the grading and drainage plan prior to
any grading activity taking place on the property;
2. Prior to grading on the adjacent right-of-way, the applicant shall provide the
• Planning Department with a copy of the permit from MnDOT for the grading
activity occurring within the adjacent right-of-way.
WHEREAS, the Common Council held public hearings on the conditional use request on
July 7, 2014, and permitted all interested persons to be heard; and,
WHEREAS, following the public hearing, the Common Council determined that the
applicant satisfied the conditions of R.C.O. §§61.146, 62.824 and 62.860 by a preponderance of
the evidence submitted at the public hearing if the applicant satisfied the above two conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #2014-011 requested by Rochester Top Soil is
granted.
BE IT FURTHER RESOLVED that the approval of Conditional Use Permit#2014-011 is
subject to conditions#1 and #2 as stated above.
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• 284-14 FG
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 7TH DAY OF JULY 2014.
PRESI ENT.T SAID COMMON COUNCIL
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ATTEST: �7, - - - ��,
CITY CLERK
APPROVED THIS 8TH DAY OF 1ULY ,2014.
• MAYOR OF SAID CITY
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