HomeMy WebLinkAboutResolution No. 235-07 -77
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RESOLUTION
WHEREAS, applied for a Type III, Phase III, Amendment to Conditional Use Permit (#03-
35) to allow the placement of fill within a Flood Fringe District. The property is located east of
Third Avenue N.W., north of West River Parkway N.W., and west of the South Fork Zumbro
River; and,
WHEREAS, R.C.O. §§61.146 (Standards for Conditional Use Permits) and 62.824
(Conditional Use Permits — Standards for Approval) provide the relevant criteria for the review of
this application; and,
WHEREAS, on April 25, 2007, 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 and 62.824 and determined that the application satisfied the
applicable criteria if the following conditions were satisfied:
1. If fill material, other than natural unprocessed earth material (i.e. soil,
sand, gravel) is proposed to be deposited at this site, the applicant shall
provide the Planning Department with a copy of permits required by other
government agencies for the deposition of such materials. For example,
• if concrete rubble were to be deposited at this site, the applicant shall file
a copy of a permit from the MN Pollution Control Agency with the Planning
Department for such activity, prior to conducting said activity.
2. Access to this property shall be limited to the approved driveway access
shown on the Grading Plan. There shall be no use of Third Avenue N.W.,
north of the approved access point for truck hauling associated with this
Permit.
3. The applicant must provide surety that guarantees that the site will be fully
restored, after completion of the excavation activity, to a safe condition,
and one that permits reuse of the site in a manner compatible with the
Comprehensive plan, neighborhood plans, and Land use Plan and
applicable City policies. Said surety must be provided prior to
commencement of grading activities on this property; and,
WHEREAS, on May 21, 2007, the Common Council held a public hearing on the
conditional use request and permitted all interested persons to be heard; and,
WHEREAS, the Common Council determined that the applicant satisfied the conditions
of R.C.O. §§61.146 and 62.824 by a preponderance of the evidence submitted at the public
hearing subject to the above three conditions; and,
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WHEREAS, the Applicant's representative agreed to all of the recommended conditions
of approval.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Amendment to Conditional Use Permit#03-35 requesting the placement of fill
within a Flood Fringe District for property located east of Third Avenue N.W., north of West River
Parkway N.W., and west of the South Fork Zumbro River is granted subject to the above three
conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF �L� , 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: D-L1 C A� l
CI CL�RK
-APPROVED THIS DAY OF May ,-2007.
T
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota) .
Zone05\ConduseAmd.335
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