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RESOLUTION NO. 95-269
A RESOLUTION WAIVING THE PARK DEDICATION FEE
REQUIREMENT WITH REGARD TO PLANNING CASE SUP/95-60
WHEREAS, on October 17, 1995, the City Council upheld the Planning Commission approval
of a Special Use Permit for the Construction of a twenty (20) unit multi-family housing project and a
Zoning Use Permit was issued having as one (1) condition of approval, that a Park Dedication Fee be
paid in the amount of fourteen thousand five hundred forty-two and no/l00 dollars ($14,542.00); and,
WHEREAS, the developers have asked that this condition be reconsidered and have demonstrated
to the Council that this Park Dedication Fee is unwarranted since when the property was platted as
Feeley's Addition to the City of Stillwater in 1980, the Feeley property was under the jurisdiction of the
Joint Powers Planning Authority and the plat reviewed by the staff of the Washington County Planning
Department; and,
WHEREAS, a review of county records revealed that at the time that Feeley's Addition was
platted, the Park Dedication Fee was actually paid in the amount often percent (10%) of the market value
of the property prior to subdivision; and,
WHEREAS, the Council has received the City Attorney's opinion that Park Dedication may be
required with regard to a subdivision, but no authority appears to require Park Dedication being paid as
part of a zoning approval.
NOW, THEREFORE, BE IF RESOLVED AS FOLLOWS:
I. That because the Park Dedication Fee with regard to Feeley's Addition was paid at the
time of platting, the Park Dedication Fee Requirement approved for case SUP/95-60 is hereby waived
and the City Staff is directed to modify the Zoning Use Permit approved on October 17, 1995, to reflect
this City action.
Enacted by the City Council this 21st day of November, 1995.
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ATIEST:
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Mor i eldon, City Clerk '
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