HomeMy WebLinkAboutResolution No. 595-03 4Q� 3
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• RESOLUTION
WHEREAS, Western Walls, Inc., applied for a Type III, Phase III Conditional Use Permit
(#03-52) to allow for fill to be placed within a flood prone area to allow for the development of
residential lots. The property is located south of Seventh Street N.W., and east of Lake Street
N.W.,
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 October 22, 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. Prior to commencing operations on this property, the applicant shall obtain
grading plan approval from the City.
2. Fill within the existing Floodway, as shown on the proposed grading plan,
shall not commence until after a CLOMR (Conditional Letter of Map
Revision) has been approved by FEMA.
• WHEREAS, the Common Council held a public hearing on the conditional use request on
November 17; 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 #03-52 requested by Western Walls, Inc., is granted
subject to the above two conditions.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _. DAY OF /JQVCMFe--, 2003.
PRESIDENT OF SAID`COMMON COUNCIL
ATTEST: �1J
eITY CLERK
APPROVED THIS DAY OF 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone2000\Conduse.352
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