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File #: RES 18-779    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 5/9/2018
Title: Requesting the Planning Commission rescind its approval of a CUP as approved under Commission zoning file NO. 18-024-155.
Sponsors: Samantha Henningson
Attachments: 1. RC Enterprises Letter
Title
Requesting the Planning Commission rescind its approval of a CUP as approved under Commission zoning file NO. 18-024-155.

Body
WHEREAS, on February 23, 2018, the Saint Paul Planning Commission (“Commission”), by its Resolution No. 18-08, duly approved a conditional use permit (“CUP”) application submitted by Superior LLC under zoning file No. 18-024-155 for a proposed mixed residential/commercial use (64 residential dwelling units proposed) for property commonly known as 2103 Wabash Avenue; and

WHEREAS, on March 5, 2018, American Consulting Services, Inc., d/b/a American Engineering Testing, Inc. (“Appellant”), pursuant to Leg. Code § 61.702(a) and under zoning file No. 18-035-066, filed an appeal from the Commission’s February 23, 2018 decision and requested a hearing before the City Council; and

WHEREAS, on April 4, 2018, pursuant to Leg. Code § 61.702(b) the City Council duly conducted a public hearing on the said appeal where all interested parties were afforded the opportunity to be heard; and

WHEREAS, upon closing the public hearing and following discussions on the matter, the City Council determined to continue any final action on the said appeal to May 2, 2018; and

WHEREAS, by letter dated May 1, 2018, of which a true and correct copy is attached hereto and shall become a part hereof, RC Enterprises, on behalf of Superior LLC, informed Commission staff that Superior LLC had withdrawn its intent to develop 2103 Wabash Avenue with the mixed residential/commercial development approved by the Commission under Commission Resolution No. 18-08; and

WHEREAS, in light of Superior LLC’s May 2, 2018 statement that it will not develop 2103 Wabash pursuant to the Conditional Use Permit granted under Commission Resolution No. 18-08, upon the advice of the City Attorney’s Office, the Council hereby finds that it is no longer necessary to render a decision regarding Appellant’s appeal in this matter as Superior LLC, essentially renders moot the Appellant’s a...

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