HomeMy WebLinkAboutResolution No. 500-03 ,
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• RESOLUTION
WHEREAS, Zumbro River Constructors applied for a Type III, Phase III Conditional Use
Permit to allow for fill to be placed within a Flood Prone District on land owned by the Minnesota
Department of Transportation and William Fitzgerald for Wilmar Investments, LLC. The fill is
needed to allow for the construction of a stormwater detention pond that will serve the
Highway 52 right-of-way. The property is located west of Highway 52, south of Highway 14 and
Cascade Creek; 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 August 27, 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. The applicant shall receive approval of the grading and drainage plan
prior to any grading activity taking place on the property. The grading plan
shall indicate how the fill will be stabilized.
• 2. The applicant shall receive approval of the plan from the MNDOT through
their permit process.
WHEREAS, the Common Council held a public hearing on the conditional use request on
September 15, -2003, and permitted all interested persons to give testimony and make
presentations concerning the application; 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 #03-34 requested by Zumbro River Constructors is
granted subject to the above two conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
100CHESTER, MINNESOTA, THIS l DAY OF c�1)95 ,(-- , 2003.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CI CLERK
APPROVED THIS A&W DAY OF , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 2000\C o n d u s e.334
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