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CASE <br /> <br />REQUEST FOR EXCEPTIONS FROM DEVELOPMENT MORATORIUM; <br />CASE A: JIM MARTIN, CASE B: JACK MENKVELD <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />General Background: <br /> <br />The City is currently under a moratorium on the rezoning and subdivision of land while the <br />comprehensive plan update is in the works. The moratorium is currently in effect through July <br />12, 1998 and Council has the authority to extend the moratorium beyond July 12. The <br />moratorium applies to all residential land in the Metropolitan Urban Service Area (MUSA) and <br />all residential, commercial and industrial land outside the MUSA. The moratorium prohibits the <br />platting and rezoning of affected parcels. Although commercial property outside the MUSA is <br />included in the moratorium, it does not prohibit approving site plans for development of <br />commercial buildings on commercial property outside the MUSA that does not require a <br />subdivision or rezoning. <br /> <br />The moratorium ordinance provides for "exceptions when compliance may result in undue <br />hardship. The Council has the authority to grant an exception to the moratorium with conditions <br />desirable for the protection of the public interest. No exception is to be granted unless the City <br />Council finds the following: <br /> <br />That there are special circumstances or conditions affecting the property in question such <br />that strict compliance would deprive the petitioner of reasonable use of the property. <br /> <br />That the exception is necessary for the preservation of a substantial property right. <br /> <br />That the granting of the exception will not be detrimental to the public welfare or <br />injurious to other property in the area. <br /> <br />That the exception will be harmonious with and in accordance with the objectives of the <br />City's existing Comprehensive Plan and will not adversely affect the planning process for <br />adoption of amendments to the Comprehensive Plan. <br /> <br />That the proposed subdivision will be consistent with the intent and purpose of the <br />moratorium Ordinance. <br /> <br />A copy of the moratorium ordinance is enclosed. <br /> <br />Observations: <br /> <br />Case A: Jim Martin <br /> <br />On February 24, 1998, Council received Mr. Martin's request for a moratorium exception to <br />replat his property from an outlot to a lot. In review, lots and outlots are platted property. <br />However, the City does not issue building permits to outlots and the only way to remove an <br /> <br /> <br />