HomeMy WebLinkAboutResolution No. 631-03 • RESOLUTION
WHEREAS, Degeus Properties, LLC, applied for a Type III, Phase III Conditional Use
Permit (#03-53) to allow for fill to be placed within a flood prone area to accommodate a parking
lot and stormwater pond. The property is located along the east side of Highway 63 and south
of Wood Lake Drive S.E.,
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 November 12, 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 must obtain
grading plan approval from the City.
2. The activity must not cause a filling or draining of the wetland or a permit
must be obtained as may be required through the Wetland Conservation
Act.
WHEREAS, the Common Council held a public hearing on the conditional use request on
December 1, 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 #03-53 requested by Degeus Properties, LLC, is
granted subject to the above two conditions.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
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ROCHESTER, MINNESOTA, THIS 457` DAY OF -�i�'1 74-- , 2003.
PRESIDENT OF SAID'COMMON COUNCIL
ATTEST:C CITY CLERK
APPROVED THIS DAY OF , 2003.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zon e2000\Co n d u se.353
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