Agenda - Council - 12/09/2003 - Laserfiche WebLink

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Councilmember introduced the following resolution and moved for its adoption: RESOLUTION #03- A RESOLUTION ADOPTING FINDINGS OF FACT AND GRANTING RONALD TOUCHETTE'S REQUEST FOR AN EXCEPTION TO THE NORTH HWY. #10 DEVELOPMENT MORATORIUM ESTABLISHED BY ORDINANCE #03-27 1. That on November 17, 2003, the City received a written request from Mr. Ronald Touchette ("Applicant") for site plan approval of a building expansion at 7127 Hwy. #I0 N.W. and an exception to the development moratorium established by Ordinance #03-27; and 2. That the site is legally described as follows: All that part of the west 31 rods of the Southwest Quarter of the Southwest Quarter of Section 27, Township 32, Range 25, described as follows: Commencing at the intersection of the west line of said Southwest Quarter of the Southwest Quarter with the southerly right-of-way line of Great Northern Railway, then southeasterly along said southerly right of way line a distance of 297.57 feet to the actual point of beginning of the tract of land to be described. Then continue southerly along said southerly right-of-way line a distance of 261.50 feet more or less to its intersection with the east line of said west 31 rods. Then south along said east line and same'extended to the northerly right-of-way line of U.S. Highway #10, then westerly along the northerly right-of-way line of U.S. Highway #10 to a point distant 299.65 feet southerly from the west line of said Southwest Quarter of Southwest Quarter as measured along said northerly right-of-way line, then north to the actual point of beginning, except that part which is Lot 6, Auditors Subdivsion 31. 3. That the proposed expansion consists of the addition of 912 square feet for product coolers and 168 square feet to create a separated front door entrance; and 4. That on December 4, 2003, the Applicant's site plan was submitted to the Planning Commission with a staff recommendation for approval contingent upon the Applicant receiving an exception to the moratorium from City Council. 5. That on December 9, 2003, the request for exception to moratorium and site plan approval was submitted to the City Council with a recommendation from the Planning Commission and City Staff for approval. 6. That the moratorium established by Ordinance #03-27 expires on February 25, 2004 and the Applicant has stated that the new tenant would like to take occupancy in January and will not take occupancy without the upgrades to the building; and 7. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of the moratorium would deprive the Petitioner of the