HomeMy WebLinkAboutResolution No. 197-06 s J 97
• RESOLUTION
WHEREAS, Franklin P. Kottschade, North American Realty is requesting approval for a
Substantial Land Alteration permit to allow for earthwork on the property that results in
changing on the properties by more than 10' to accommodate development. The request also
includes a variance to the reclamation requirements'of the Rochester Zoning Ordinance and
Land Development Manual for a Substantial Land Alteration. The property is located east of
Highway 52 along the north side of 37t" Street N.W., and is within Maplewood Square; and,
WHEREAS, the applicant is requesting an excavation permit that would allow grading
activities on the property that would change the elevations on the property greater than 10 feet
which would ultimately create an area for a building pad. The area where the activity is
proposed is in the southwest corner of the Maplewood Square development. Based on the
grading plan submitted, the hill in that portion of the development basically gets cuts back
towards the right of way of 37th Street NW and the frontage road of TH 52 and would look
similar to the area just north of the free standing Hobby Lobby sign on the property; and,
WHEREAS, the amount of excavation proposed is estimated at 32,500 cubic yards
over the 3.37 acre site. The materials will be hauled from the property to other projects within
the City. A small portion will be stockpiled on the site and used when the grading is completed
for landscaping. The applicant has stated that the grading activity will take less than 24
,months; and,
WHEREAS, R.C.O. §61.146 (Standards for Conditional Use Permits) and §61.1105
(Findings Necessary For Issuance of Conditional Use Permits) provides the relevant criteria for
the review of this application; and,
WHEREAS, on March 8, 2006, 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, 61.1105 and recommended approval based upon Planning
Department staffs recommendation, subject to the following conditions:
1. Prior to excavation, the applicant must:
A. Provide the City with a financial security consistent with Section
62.1109 (1) (1) of the Rochester Code of Ordinances;
B. Receive approval of a grading, drainage and erosion control plans
that satisfy City standards; and
C. Obtain approval from the appropriate road authority.for any grading
proposed within the right-of-way.
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2. A storm water management fee is applicable for any increase in
impervious surface. The fee will be determined at the time a development
is proposed for the property.
3. The owner is responsible for the cost of any public utilities that need to be
relocated because of the proposed grading activity. Such relocation
should be aligned to fit the future development of the property to minimize
future system interruptions and provide proper networking of the system.
4. A 20 foot minimum public utility easement must be dedicated for the
relocated public utilities, if utilities need to be relocated.
5. The grading of the site can not negatively impact the existing pedestrian
facilities along 37th Street NW.
WHEREAS, the Common Council held public hearings on the conditional use request on
April 3, 2006, 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 seven conditions.
• NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #05-16 requested by Franklin P. Kottschade, North
American Realty is granted.
BE IT FURTHER RESOLVED that the approval of Conditional Use Permit#05-16 is
subject to the above five conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS c DAY OF Zkl , 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: l�
CM CLERK
APPROVED THIS DAY OF 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone05\Conduse.516
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