HomeMy WebLinkAboutResolution No. 162-16 - AmendmentR2014-022CUP.JosephDevelopmentRESOLUTION
WHEREAS, on April 20, 2015, the City of Rochester Common Council adopted Resolution
#185-15 which approved Incentive Development #R2014-022CUP by Joseph Development
subject to 13 conditions of approval; and,
WHEREAS, condition of approval #1 found within Resolution #185-15 stated as follows-
1. The Council's actions in approving this development occur in response to the
applicant's or his/her representative's oral and written representations as to
the appearance of the building design, exterior fagade, and landscaping. As
such, the applicant must not deviate from the appearance of the building
design, exterior fagade and landscaping as originally presented to the
Council without the Council's prior approval; and,
WHEREAS, pursuant to condition #1, the developer has requested Council approval of the
following changes to the development: RPU Electric has a requirement that all parts of the west
side of the building must be a minimum of 15 horizontal feet from the closest overhead electric
line. As a result, the applicant has modified the west elevation and removed what appears to
be a total of 14 decks that would encroach within this 15 foot required setback. All other
proposed decks for this development are to remain. As a result of deck removal, the
proposed FAR is now 1.81 (the original proposal was for 1.99). The applicant states that
metal paneling will replace fiber cement board on the bays where the balconies are to be
removed. The applicant has made minor changes to the surface parking area along the east
side of the building. The applicant has modified the parking area and has added five surface
parking spaces. The applicant states the southern elevation has been flattened, to eliminate
encroachment within the railroad easement. The applicant has identified a 36 inch high
decorative steel privacy fence along the south lot line abutting the railroad and along the west
side; and,
WHEREAS, the Planning Department recommended the following two additional conditions
of approval should the Council approve the requested changes to the development:
14. RPU shall have written certification that the 15' of clearance will exist and
be maintained for the life of the building, or the customer will pay the
entire cost to have the clearance violation eliminated; and,
15. Utility easement must be provided for the transformer pad, plus a 2'
perimeter; a 10' utility easement is required from the pole to transformer
pad. The generator and transformer will be screened on the south and
east side by the fence; and,
WHEREAS, the Council considered this request at a public hearing at its April 18, 2016,
meeting; and,
WHEREAS, at the April 18th council meeting, the Council concluded that the developer's
request should be approved if the developer complies with conditions #14 and #15, and if
condition #1 is amended to read as follows-
1. The Council's actions in approving this development occur in response to the
applicant's or his/her representative's oral and written representations as to
the appearance of the building design, exterior fagade, and landscaping. As
such, the applicant must not deviate from the appearance of the building
design, exterior fagade and landscaping as originally presented to the
Council without the Council's prior approval. However, the applicant need
not obtain Council approval for changes required to be made by the City of
Rochester staff or the Minnesota Housing Finance Agency.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the City does hereby approve the above -described changes to the development known as
Incentive Development #R2014-022CUP by Joseph Development subject to the 15 conditions of
approval including the amended condition #1. Resolution #185-15 is hereby amended to include
the changes noted herein and the inclusion of the two additional conditions of approval (conditions
#14 and #15).
The Mayor and City Clerk are authorized to execute any and all documents necessary to
implement this resolution.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2016.
ATTEST:
PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS DAY OF , 2016.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15Wpprove. DevChange4