HomeMy WebLinkAboutResolution No. 449-14 449-14 F7
RESOLUTION
WHEREAS, on September 3, 2014, the Council approved Type III Phase II Incentive
Development#R2014-004CUP (The Nicholas Apartments) subject to 11 conditions; and,
WHEREAS, condition #10 stated as follows:
10. The Council's actions in approving this development occur in response to
the applicant's or his/her representative's oral and written representations
as to the appearance of the building design, exterior fagade, and
landscaping. As such, the applicant must not deviate from the appearance
of the building design, exterior fagade and landscaping as originally
presented to the Council without the Council's prior approval. All utilities
within the public right-of-way must be placed underground. All of the
balconies must be constructed as shown in the site plan except for three
balconies that are physically unable to be constructed; and,
WHEREAS, on August 21, 2014, the developer requested Council to delete the following
sentence from condition #10:
All utilities within the public right-of-way must be placed underground; and,
WHEREAS, the Council considered this request at its October 6, 2014, meeting and
received testimony from the developer and from neighbors concerning the request.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City does hereby amend condition #10 attached to the Council approved
Type III Phase II Incentive Development #R2014-004CUP (The Nicholas Apartments) by
deleting the following sentence:
All utilities within the public right-of-way must be placed underground.
BE IT FURTHER RESOLVED that the remainder of condition #10 and the ten other
conditions of approval attached to this Incentive Development remain in effect.
The Mayor and City Clerk are authorized to execute any and all documents necessary to
implement this resolution.
• 449-14 F7
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 6th DAY OF OCTOBER , 2014.
PRESI ENTSAID COMMON COUNCIL
ATTEST: �r,
CITY CLERK
APPROVED THIS 7th DAY OF OCTOBER 2014.
• MAYOR OF SAID CITY
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