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

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! I I '1 I i I I I I I I I I I 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the Petitioner. The exception is necessary for the preservation and enjoyment of TSM's property rights. As discussed above, the continuing moratorium has primarily deprived TSM of its reasonable use of the Property. The Property is currently designate as appropriate for industrial uses, however, according to the City's consultants, the updated Comprehensive Plan is likely to re-designated the Property as appropriate for mixed residential uses. BeCause of the continuing uncertainty of the current zoning, TsM is effectively denied all use and enjoyment of the Property and is left with mere possession. Secondarily, as also discussed above, TSM purchased the Property for the purposes of development as residential townhomes. At the time of the purchase, the existing development moratorium was scheduled to expire and TSM was not on notice as to any continuing extension of the moratorium. Therefore, TSM reasonably relied on its ability to obtain a more-favored residential zoning at the time it entered into the contract to purchase the Property. As such, the Interim Ordinance deprives TSM of the benefits of its contract to purchase the Property, as well as its prospective rights to freely sell the Property. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other properly in the area in which the property is situated. The granting of the exception will not be detrimental to the public welfare nor injurious to neighboring properties. The Property is directly adjacent to two major roadways, Industry Boulevard to the south, and Ramscy Boulevard to thc west. In addition, the Property is also located adjacent to existing residential uses in that it is located adjacent to a Iow density urban residential development to the east and north, and surrounds a single family home on the southwest. Finally, and most importantly, Housington Koegler concludes in its June 15, 1998 memorandum that "[t]he proposed residential use of the subject site appears to be consistent with the vision and guiding principles set forth at the beginning of the process for updating the Comprehensive Plan." As such, TSM's pro[ ~sed use is consistent with the public welfare and existing uses. 4. That the proposed exception will be harmonious with and in accordance with the specific objectives of the City's existing Comprehensive Plan and will not adversely affect the planning process for adoption of amendments to the Comprehensive Plan above described. TSM's proposed use does not interfere with the City's existing Comprehensive Plan, its process for amendments to the Plan, or any proposed, updated Comprehensive Plan. As discussed above, the Property is surrounded on two sides by major roadways and is bordered on the remaining sides by "A Team Approach To Legal Representation."