HomeMy WebLinkAboutResolution No. 400-10 RESOLUTION
WHEREAS, Topel Casa, LLC, applied for a Type III, Phase III, Conditional Use Permit
#2010-022 for the expansion of a nonconforming structure by adding an additional dwelling unit
at the Clinic Suites Apartment located at 431 Third Avenue S.E.; and,
WHEREAS, R.C.O. §65.330 provide the relevant criteria for the review of this application
and states as follows:
65.330 CHANGE IN USE:
Subdivision 1. Any nonconforming use of land or structure may be
changed to another nonconforming use of the same nature or less intensive
nature if no structural alterations are involved and if it is found that the relation of
the structure and proposed use to surrounding'.property.is such that adverse
effects on occupants and neighboring property will not be greater than if the
original nonconforming use continued.
Subd. 2. Approval for such a change shall be processed through the Type
• III review procedure with a Phase Ill hearing process utilized and the criteria that
shall be considered in making the determination on the permit shall include:
A. The character and history of the use and of development in the
surrounding area.
B. The comparable degree of noise, vibration, dust, odor, fumes, glare
or smoke detectable at the property line.
C. The comparative numbers and kinds of vehicular trips to the site.
D. The comparative amount and nature of outside storage, loading and
parking.
E. The comparative visual appearance.
F. The comparative hours of operation.
G. The comparative effect on existing vegetation.
H. The comparative effect on water drainage.
I. Other factors which tend to reduce conflicts of incompatibility with the
• character or needs of the area; and,
s
1
WHEREAS, the Planning Department staff applied the criteria found at R.C.O. §65.330 to
this application and prepared the following findings of fact:
A. The character and history of the use hasn't changed much in the
surrounding area. The Planning Department has no history of any
complaints on the property. The major change in the area has been the
addition of a multi-family dwelling located southeast of the property on the
eastside of Third Avenue SE;
B. Any additional noise, vibration, dust, odor, fumes, glare or smoke which
may result from having an additional unit would be comparable to the
existing use of the property;
C. Having one additional unit will not cause a significant increase in the
numbers and kinds of vehicular trips to the site;
D. No additional outside storage is being created with the increase of the
additional unit, however, there will be one additional parking space
created to accommodate one additional vehicle;
E. There would be no change to the visual appearance of the building;
• F. There would be no change in the hours of operation of the property;
G. The existing vegetation on the property would not be altered with the
additional unit. The property to the west is at a higher elevation;
H. The applicant shall verify with the Rochester Public Works Department on
if a grading and drainage plan is required for the additional bituminous
necessary for the creation of the additional parking space; and
I. There shouldn't be any factor which tend to reduce conflicts of
incompatibility with the character or needs to the area; and,
WHEREAS, on August 25, 2010, 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. §65.330, and recommended approval based upon Planning Department
staff findings of fact subject to the following conditions:
1. The three parcels shall be combined into one parcel at the Olmsted
County Property Records and Licensing Department;
2. The applicant shall verify with the Rochester Public Works Department on
• if a grading and drainage plan is required for the additional bituminous
' necessary for the creation of the additional parking space;
2
3. The applicant shall obtain a Housing Registration Certificate for the
additional unit and any necessary building permits from Rochester
Building and Safety prior to accompanying the unit; and,
4. The applicant shall produce an agreement with the adjacent property
owner to share the property west of the property line; and,
WHEREAS, on September 20, 2010, the Common Council held a public hearing on the
conditional use request and permitted all interested persons to be heard; and,
WHEREAS, at the September 20th public hearing, the Council amended condition #4 so
that it reads as follows:
4. The applicant shall provide proof of parking agreement for the 15th parking
space, which may be located within 200 feet of the property, prior to issuing
the rental housing certificate for the 15th unit.
WHEREAS, at the September 20th public hearing, the Applicant's representative indicated
agreement with the four recommended conditions of approval as amended; and,
• WHEREAS, following the public hearing, the Common Council determined that the
applicant satisfied the conditions of R.C.O. §65.330 by a preponderance of the evidence
submitted at the public hearing subject to the above four conditions as amended.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #2010-022 requested by Topel Casa, LLC, is granted
subject to the above four conditions as amended.
3
Ah
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF (_� MOS , 2010.
PRESIDENT OF SAI COMMON COUNCIL
Pico-7�vr)
ATTEST:
I CLERK
APPROVED THIS Z' 5% DAY OF c5EP1��3 , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 10\ConduseNonConform.2010-022
s
4