HomeMy WebLinkAboutResolution No. 422-03 4
• RESOLUTION
WHEREAS, Mark Leitzen applied for a Type III, Phase III Conditional Use Permit to allow
for fill to be placed within a flood fringe district. The proposal is to place fill (approximately
35,000 cubic yards) in the flood fringe district which is not associated with the construction of a
building (identified as Conditional Use Permit#03-35). The project is located along the west side
of 60th Avenue N.W., north of Valleyhigh Road N.W., and south of 55th Street N.W.; and,
WHEREAS, R.C.O. §§61.146 (Standards for Conditional Use Permits), 62.824
(Conditional Use Permits — flood districts)-and 62.860 (Construction Standards in the Flood
Prone District) provide the relevant criteria for the review of this application; and,
WHEREAS, on July 9, 2003, 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, 62.824 and 62.860, and recommended approval based upon
Planning Department staff findings of fact subject to the following conditions:
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 3rd Ave. NW north
of the approved access point for truck hauling associated with this Permit.
3. Financial Surety, in the amount of $25,000.00, shall be provided to the
City prior to commencing grading activities, for wear or damage to the
public road system both during and after operations. A before and after
condition survey, of public roads, shall be conducted jointly with the
consultant and City Engineer.
WHEREAS, the Common Council held a public hearing on the conditional use request on
August 4, 2003, 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, 62.824 and 62.860 by a preponderance of
the evidence submitted at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Conditional Use Permit #03-35 requested by Mark Leitzen is granted subject
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•to the above three conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS z1441 DAY OF , 2003.
PRESIDENT OF SAIDrCOMMON COUNCIL
ATTEST:
S-epuA�r CITY CLE K
APPROVED THIS 5�h DAY OF , 2003.
MAYOR OF SAID CITY b
(Seal of the City of
Rochester, Minnesota)
Zone2000\Conduse.335
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