HomeMy WebLinkAboutResolution No. 066-03 • RESOLUTION
WHEREAS, the Kendal Group applied for a variance from the requirements of R.C.O.
Section 64.143 as to access spacing standards with respect to General Development Plan #193
to be known as Rocky Creek Townhomes (Variance #02-40). Section 64.143 requires a
minimum separation of 35 feet between driveways and intersecting streets; and,
WHEREAS, the City Engineer has reviewed the request for the substandard access and
has no objection to permitting the access as shown on the General Development Plan; and
WHEREAS, Section 60.417 of the Rochester Code of Ordinances provides the criteria by
which a variance request is analyzed; and,
WHEREAS, this matter came before the Council at its January 6, 2003, and February 3,
2003, meetings; and,
WHEREAS, at the February 3rd public hearing, the Council made the following findings of
fact as a result of its review of the criteria stated at Section 60.417:
1) There does not appear to be extraordinary conditions that apply to the
applicant's property that may not apply generally to other properties in the
area. The topography is steep and most of the development sites on the
• top of the hill. With the steep topography only one access roadway is able
to be provided to Rocky Creek Drive N.E. Furthermore, without an access
to 26th Street N.E., development on the property would be limited to 500
average daily trips;
2) The granting of the variance would appear to be necessary to allow the
reasonable use of the property. The way the road system is designed, it
would appear that the access to 26th Street N.E., would act more like a
secondary access and that the majority of the traffic would use the access
road to Rocky Creek Drive N.E.;
3) The granting of the variance request would not appear to be materially
detrimental to the public welfare or to other properties in the area. Granting
of the variance will allow for development of the property consistent with
development in the area;
4) The minimum variance that would be necessary to alleviate the alleged
hardship would be a variance to the access spacing requirements for the
minimum separation between driveways and intersection streets; and,
WHEREAS, at the February 3`d public hearing, the Council made the following findings of
fact as a result of its review of the criteria stated at Section 64.146(3):
•
1) Conditions or circumstances exist which limit the strict application of the
ordinance, including the lack of a secondary access to another public street,
the inability to use joint access, and the lack of engineering or construction
solutions that can be applied to mitigate the condition;
2) The proposed access will not result in undue delay or congestion or be
detrimental to the safety of the motoring public using the roadway; and
3) Limiting access will create an exceptional and undue hardship on the
applicant and the permit issued will allow a reasonable use of the property;
WHEREAS, based upon its findings of fact, the Council concluded that the Applicant has
satisfied the criteria provided by Sections 60.417 and 64.146(3), and, as such, is entitled to the
requested variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City grant to the Kendal Group a variance from the requirements of R.C.O.
Section 64.143 as to access spacing standards with respect to General Development Plan #193
to be known as Rocky Creek Townhomes (Variance #02-40).
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF 2003.
�RtSIDENT OF SAID COMMON COUNCIL
ATTEST:
CLERK
APPROVED THIS DAY OF , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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