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HomeMy WebLinkAbout6.h. Adoption of Findings of Fact: Richard Cliff Appeal of Planning Commission DecisionCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 15, 2001 AGENDA ITEM: Adoption of Findings of,Fact: Richard Cliff AGENDA SECTION: Appeal of Planning Commission Decision Consent PREPARED BY: Rick Pearson, City Planner AGENDA Np. , 6 H ATTACHMENTS: Draft Findings of Fact APPROVED BY: SUMMARY On April 17, 2001, the Council directed staff to prepare findings of fact in support of the Council action concerning Mr. Richard Cliff's appeal. Council's action upheld the Planning Commission interpretation of the zoning ordinance standards for minimum lot dimension requirements. The findings reflecting that action are attached. Staff anticipates that Mr. Cliff will proceed with a subdivision application that will be accompanied with a variance request intended to resolve the lot area and density issue. RECOMMENDED ACTION: Motion to adopt a resolution for denial of an appeal of a Planning Commission decision requested by Richard Cliff based upon findings of fact. CITY COUNCIL ACTION: +MV \ CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001- A RESOLUTION FOR DENIAL OF AN APPEAL OF A PLANNING COMMISSION DECISION REQUESTED BY RICHARD CLIFF BASED UPON FINDINGS OF FACT WHEREAS, the Community Development Department received an application for an appeal of a staff interpretation of the zoning ordinance as it relates to minimum lot area and density from Vance Grannis, Attorney representing Mr. Richard Cliff on March 22, 2001; and, WHEREAS, the Planning Commission discussed the staff interpretation as required by the zoning ordinance on March 27, 2001; and, WHEREAS, the Planning Commission adopted a motion to uphold the staff interpretation on a vote of 3 -1; and, WHEREAS, Mr. Grannis filed an appeal of the Planning Commission action with the Planning Department on March 28, 2001; and, WHEREAS, The City Council conducted a public hearing to hear the appeal as specified in Section 14.3 of Ordinance B, the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby denies the appeal requested by Mr. Richard Cliff based upon findings of fact: FINDINGS OF FACT 1. The Zoning Ordinance, Ordinance B specifies certain dimensional requirements for parcels of land and that. applicable dimensions are stated as minimum or maximum standards. 2. The Zoning Ordinance, Ordinance B contains no criteria or method for accepting lot dimensions that are less than the minimum specified standard, even by a fraction of an acre other than the variance procedure specified in Section 14.1. 3. The Appellant did not provide any compelling evidence that would support an interpretation of lot standards to be less than a minimum specified standard. ADOPTED this 15th day of May, 2001 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: