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

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I I ! ! I I ! I I I I I I I I I CASE # REQUEST FOR EXCEPTION FROM DEVELOPMENT MORATORIUM; CASE OF JACK MENKVELD By: Zoning Administrator Sylvia Frolik 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/industrial 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 complian~ may result in undue hardship. 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 right. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. o 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. Jack Menkveld's request for a moratorium exception to subdivide and rezone industrial property outside of the Metropolitan Urban Service Area. Mr. Menkveld intends to subdivide a one acre parcel from a larger parcel located in the southwest comer of the intersection of 149th Avenue and Ramsey Blvd. N.W., and rezone the new lot created to B-2 Business to facilitate development of a convenience store on the site. Mr. Menkveld's letter of request and a site location map are attached. Mr. Menkveld intends to sell the one acre lot to Casey's General Stores, Inc. 7