HomeMy WebLinkAboutResolution No. 067-10 •
RESOLUTION NO. 007-10
WHEREAS, on November 19, 2007, the Common Council of the City of Rochester
approved the conditional use request of the Rochester Network for Re-Entry for the expansion of
a nonconforming use subject to five conditions (Amendment to Conditional Use Permit #R2007-
033CUP). The conditional use allowed the Rochester Network for Re-Entry to operate three
homes (710, 720 and 726 Third Avenue S.E.) for offender transitional housing; and
WHEREAS, the Rochester Network for Re-Entry has filed a request to remove the fifth
0-ondition of approval on the basis that facility should not be considered rental property and, as
such, not subject to housing registration; and,
WHEREAS, the fifth condition of approval reads as follows:
E. The applicant shall maintain housing registration under the Housing Code
for all three properties as offender transitional housing; and
WHEREAS, this request came before the Planning and Zoning Commission at its
January 27, 2010, meeting. The Commission, after conducting a public hearing, recommended
the fifth condition of approval be maintained; and,
WHEREAS, the Common Council, after published notice, held a public hearing in the
Council/Board Room of,the Government Center on February 17, 2010, to consider the request;
and
WHEREAS, at the February 17th public hearing, the Council gave all interested parties
the opportunity to present evidence and testimony concerning the request; and,
WHEREAS, at the February 17th public hearing, the Rochester Building Safety
Department recommended the fifth condition be maintained. That Department's representative
stated that Section 38.01 of the Rochester Code of Ordinances requires a rental registration
Oertificate for any residential dwelling unit not occupied by the owner. There are some
exceptions to that requirement, but none of them apply to this case. The fifth condition simply
repeats the current ordinance's requirement for registration of this type of dwelling; and,
WHEREAS, at the February 17th public hearing, the Planning and Zoning Department
Wecommended the fifth condition be maintained as it placed the permit holder on notice that it
must obtain a rental registration certificate for its rental properties as required by R.C.O. §38.01;
and
WHEREAS, at the February 17th public hearing, the City Attorney indicated that, with or
without the fifth,condition, R.C.O. §38.01 required the Rochester Network for Re-Entry to obtain
a rental registration certificate for its rental properties. He stated the fifth condition simply
repeated a requirement of an existing city ordinance and that nothing would change should the
condition be deleted.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that, based upon the evidence and testimony p`resented during the February 17,
2010, public hearing, the request of the Rochester Network for Re-Entry to delete the fifth
condition from the Council's approval of the Amendment to Conditional Use Permit #R2007-
033CUP be in all things approved on the basis that it is redundant and duplicative of the
requirement for a rental registration certificate found in R.C.O. §38.01.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS / 7TW D OF , 2010.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST _
Y CLERK
APPROVED THIS DAY OF , 2010.
dr
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zonel O\DeleteCondAppl
2