Agenda - Council - 03/24/1998 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I CASE REQUEST FOR EXCEPTION FROM DEVELOPMENT MORATORIUM; CASE OF JOHN GOBERNATZ By: Zoning Administrator Sylvia Frolik General Background: The City is currently under a moratorium on the rezoning and subdivision of land while the comprehensive plan update is in the works. The moratorium is currently in effect through July 12, 1998 and Council has the authority to extend the moratorium beyond July 12. The moratorium applies to all residential land in the City and commercial land outside of the Metropolitan Urban Service Area (MUSA). The moratorium prohibits the platting and rezoning of affected parcels. The moratorium ordinance provides for exceptions when compliance may result in undue hardsMp. The Council has the authority to grant an exception to the moratorium with conditions desirable for the protection of the public interest. No exception is to be granted unless the City Council finds the following: That there are special circumstances or conditions affecting the property in question such that strict compliance would deprive the petitioner of reasonable use of the property. 2. That the exception is necessary for the preservation of a substantial property fight. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. That the exception will be harmonious with and in accordance with the objectives of the City's existing Comprehensive Plan and will not adversely affect the planning process for adoption of amendments to the Comprehensive Plan. That the proposed subdivision will be consistent with the intent and purpose of the moratorium Ordinance. Observations: On March 10, 1998, Council received Mr. GobematZ's request for a moratorium exception to replat his property in order to deed a buildable lot to the third of 4 children. Mr. Gobematz owns approximately 42 acres at 175th and St. Francis Blvd. N.W. In 1989, Mr. Gobematz platted the property into 2-2.5 acre lots for two of his children and one 37 acre lot for himself. His plan to replat his property in 1997 to give a third child a buildable lot was interrupted by the moratorium on subdividing. He is anxious to get his daughter's home built in 1998 and is requesting that the moratorium be lifted on his property.