HomeMy WebLinkAboutResolution No. 618-04 x
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• RESOLUTION
WHEREAS, Dallas Backhaus applied for a Type III Conditional Use Permit (#04-38) to
allow for the placement of fill in the flood prone district to allow for the construction of single
family homes and public infrastructure. The property is located along the south side of 20th
Street SE, west of 38th Avenue SE; and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits) provide the relevant
criteria for the review of this application; and,
WHEREAS, on November 10, 2004, 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, granted the requested variance and recommended approval
based upon Planning Department staffs recommendation, subject to the following conditions:
1. Any debris/dirt deposited onto 20th Street SE shall be scraped or swept
from the roadway.
2. The activity shall not cause a filling, draining, or dredging of the delineated
wetlands on the property; and,
WHEREAS, the Common Council held a public hearing on the conditional use request on
*December 6, 2004, 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 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#04-38 requested by Dallas Backhaus is granted .
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BE IT FURTHER RESOLVED that the approval of Conditional Use Permit#04-38 is
*Subject to the above two conditions.
PASSED AND ADOPTED BY THE COMMON' COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF &Pa M kA— , 2004.
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P IDENT OF SAID COMMON COUNCIL
ATTEST:
p epu CITY CLER
APPROVED THIS �` DAY OF Y' P YA LY-A _ , 2004.
MAYOR OF SAID CITY
(Seal of the City of
• Rochester, Minnesota)
Zone2000\Conduse.438
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