HomeMy WebLinkAboutResolution No. 029-05 h } 1 l
• RESOLUTION
WHEREAS, William Radichel applied for a Type III Conditional Use Permit (#04-41) to
allow for the placement of fill in the 100-year flood fringe district to elevate the property for future
commercial development. The property is located north of Highway 14, east of West Circle
Drive and south of the railroad 'right-of-way; 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 December 8, 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. Prior to commencing operations on this property, the applicant shall obtain
grading plan approval from the City. The Grading Plan shall comply with
the regulations of both the Flood District regulations (62.800 et. seq. and
specifically 62.846, 2) and the Shoreland District regulations (62.1000 et.
seq) and must incorporate the standards in 62.1006, 2) of the Rochester
Zoning Ordinance and Land Development Manual (LDM);
• 2. Approval is limited to that area lying outside Wetlands (Phase I on the
CUP Phasing Plan). Future fill for those portions of the property with
existing Wetlands will require a separate Conditional Use Permit approval
or an amendment to this Permit. All permits for impacting Wetlands will
need to be secured prior to submitting additional applications for filling this
property outside of Phase I; and,
3. Fill activities shall not result in an increase in flood risk to other property.
WHEREAS, the Common Council held public hearings on the conditional use request on
January 3, 2005, and January 19, 2005, 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 three conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit#04741 requested by William Radichel is granted."
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BE IT FURTHER RESOLVED that the approval of Conditional Use Permit#04-41 is
•subj1ect to the above three conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS OF , 200
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: M=ER
CI
APPROVED THIS DAY/OF , 2005.
MAYOR OF SAID CITY
(Seal'of the City of
Rochester, Minnesota)
'ZoneO$\Conduse.441 -
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