Agenda - Council - 04/11/2000 - Laserfiche WebLink

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During our recent telephone conversation with Ms. Sherman, we were advised that the City of Ramsey would consider excepting the Property from the moratorium if the five factors set forth in Section 4 of the Interim Ordinance were satisfied. The following is a recitation of the five factors and a statement of our arguments for granting the exception: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Moratorium Ordinance would deprive the petitioner of the reasonable use of the petitioner' s land.. TSM believes that special circumstances exist which would deny it the reasonable use of the Property. As such, TSM requests exception from the moratorium. These special circumstances are four-fold, First, TSM purchased the Property from Johnson for development purposes under the reasonable belief that the then-existing moratorium by the City of Ramsey was based on a temporary Interim Ordinance which was to expire at the end of 1998. TSM received no notice prior to its purchase of the Property that the Interim Ordinance would be extended in March 1999. TSM would not have purchased the Property had it been put on notice that the Interim Ordinance would be extended in March 1999, or had it been put on notice that the City of Ramsey was even considering extending the moratorium. Now, the moratorium has been extended even further to February 16, 2001. Second, TSM purchased the Property for development purposes with the proceeds of loan financing. To the extent that TSM is prohibited from putting the Property to productive use, TSM continues to face exposure for continuing interest payments, as well as loan extension and origination costs. Third, TSM has established relationships with certain builders who have offered to purchase the developed townhome lots. IfTSM is not entitled to proceed with the development of the townhome lots this building season TSM may lose its relationships with the builders. In addition, TSM and the builders will be delayed development or construction on the Property until next building season. Finally, the Property is currently zoned for industrial development. However, the consultants engaged by the City of Ramsey to update the comprehensive plan, Hoisington Koegler Group, Inc., have advised TSM in their opinion memorandum dated June 15, 1998 that the Property "would most appropriately be designated as a residential use rather than industrial .... "The memorandum goes on to state that "[t]he Comprehensive Plan is currently looking at a mixed residential land use designation, which.., would accommodate low, medium, and high-density housing .... "Because of the zoning re-designation proposed by the City of Ramsey's consultants, TSM is denied the certainty of the Property's current zoning, as weIl as any certainty as to the proposed future zoning or density designations. As such, TSM is effectively denied all use and enjoyment of the Property. Accordingly, circumstances exist to warrant exception from the Interim Ordinance. I I I ! ! ! l ! ! ! ! ! I ! ",4 Team Approach To Legal Representation." I I