Agenda - Council - 04/14/1998 - Laserfiche WebLink

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will bear the costs of reworking thc consolidatcd access at thc pet clinic site if an agreement can bc reached. City Attomey Goodrich stated he has reviewed the MOU; it is non-binding and is attempting to accomplish something good. .- Councilmember Haas Steffen expressed concem about there being no beginning or ending dates with regard to the MOU. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to add Condition #7: In the even the conditions of this Memorandum of Understanding are not met on or before, December 31, 1998, this shall be deemed null and void. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Case#8: Request for Exceptions from Development Moratorium; Case A: Jim Martin, Case B: Jack Menkveld: Case C: John Gobernatz Zoning Administrator Frolik stated that 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 ~ effect through July 12, 1998, and Council has the authority to extend it beyond that date. The moratorium applies to all residential land in the Metropolitan Urban Service Area (MUSA) and all residential, commercial and industrial land outside the MUSA. The moratorium prohibits the platting and rezoning of affected parcels. Although commercial property outside the MUSA is included in the moratorium, it does not prohibit approving site plans for development of commercial buildings on commercial property outside the MUSA that does not require a subdivision or rezoning. Ms. Frolik explained that the moratorium ordinance provides for exceptions when compliance may result in undue hardship. Case A: Jim Martin. Ms. Frolik reported that on February 24, 1998, Council received Mr. Martin's request for a moratorium exception to replat his property from an outlet to a lot; lots and outlets are platted property. However, the City does not issue building permits to outlets and the only way to remove an outlet designation is to replat the property and reassign the outlet a lot and block number. If the property were titled 'lot' versus 'outlet', Mr. Martin would not be subject to the moratorium and could proceed to develop the property upon obtaining site plan approval; however, he needs to replat the property to change the title from outlet to lot and that replatting for a title change makes him subject to the moratorium. Ms. Frolik noted that, upon receiving Mr. Martin's request for a moratorium exception, Council directed staff to obtain input from Hoisington Koegler, Inc. regarding how the request relates to the Comprehensive Plan update and from the County Highway Department regarding how the request relates to the future Mississippi River bridge corridor preserved in the area. Ms. Frolik reported that a written response from the Anoka County Traffic Engineer is that if a Mississippi bridge is constructed west of Mr. Martin's property, additional right-of-way beyond the current preserved corridor will be required. There is not a concept plan for a proposed interchange and, therefore, the exact right-of-way requirements cannot be determined. If a standard diamond interchange were used, City Council/March 10, 1998 Page 15 of 24