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:
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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: