HomeMy WebLinkAboutResolution No. 539-12 • RESOLUTION
WHEREAS, the Salem Sound Homeowners Association applied for a Type III, Phase III
Conditional Use Permit (#2012-27) to allow for improvements to be made to the south shoreland
of Salem Lake that consists of the placement of fill and the extraction of material within the
floodway and flood fringe along the south shoreland of Salem Lake. The property is located
north of the South Fork of the Zumbro Lake, west of Bamber Valley Road S.W., and south of
Salem Road S.W.; 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 November 28, 2012, 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. Prior to any construction activity commencing, the applicant shall receive
approval of the grading and drainage plan from the City of Rochester
• Public Works Department;
2. The applicant shall executL- a park disturbance permit with the City prior to '
commencing work on the park property;
3. Prior to City Council action on the proposal, approval must be received
from the DNR;
4. The applicant shall provide certification of the final grades and elevations
by a post construction survey and submit the information to the City;
5. Any changes to the approved design in material locations or elevations
shall be reviewed by the City prior to construction/grading; and,
6. Re-vegetation of the disturbed areas including the berm shall be by use of
an appropriate MnDOT or BWSR native seed mix approved by the Public
Works Department.
WHEREAS, the Common Council held public hearings on the conditional use request on
December 17, 2012, and permitted all interested persons to be heard; and,
WHEREAS, at the December 17t" public hearing, the Council determined that condition
#3 had been satisfied and should be deleted; and,
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• 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 five conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #2012-27 requested by the Salem Sound
Homeowners Association is granted.
BE IT FURTHER RESOLVED that the approval of Conditional Use Permit#2012-27 is
subject to conditions #1, 2, 4, 5 and 6.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF LqA_ ,
2012.
ACTING PRESIDENT OF SAID
COMMON COUNCIL
ATTEST:
• °�� C IT C Rro
APPROVED THIS DAY OF � MLk , 2012.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone10\Conduse.2012-27
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