Resolution - #03-12-322 - 12/09/2003

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Councihm:n~b(~,' (2~ok introduced the following resolution and moved for its adoption: RESOLUTION #03-12-322 A RESOI~ITION ADOPTING FINDINGS OF FACT AND GRANTING RONALD TOUCHETI'E'S REQUEST FOR AN EXCEPTION TO THE NORTH HVqY. #10 DEVELOPMENT MORATORIUM ESTABLISHED BY ORDINANCE #03-27 1. That <~-~ ¢iovember 17~ 2003, the City received a written request from Mr. Ronald Touchette (~"Appli~::m~.t') for site plan approval of a building expansion at 7127 Hwy. #10 N.W. and an cxccl ~1 io~', I,~ lhe development moratorium established by Ordinance #03-27; and 2. 'l.'la~_t tl~. ;~i~ e is legally described as follows: All lt-,~d p~rt of the west 31 rods of the Southwest Quarter of the Southwest Qt~m't,:c o!' Section 27, Township 32, Range 25, described as follows: Com n ~c~'~ci,~g at the intersection of the west line of said Southwest Quarter of the Somi~w~::~i. Qum~ter with the southerly right-of-way line of Great Northern Railw~.~ t~t~;:n southeasterly along said southerly right of way line a distance of 29'?.5 ? i'~:ci: to the actual point of beginning of the tract of land to be described. Thcn~ continue southerly along said southerly right-of-way line a distance of 261 ~50 fi'~c~ more or less to its intersection with the east line of said west 31 rods. TI~c~-~ ~;c,t~,tl~ along said cast line and same extended to the northerly right-of-way linc: oi' [J.~';. Highway #10, then westerly along the northerly right-of-way line of U.S. l lighway #10 to a point distant 299.65 feet southerly from the west line of saki 5;t~,~tl'~west Quarter of Southwest Quarter as measured along said northerly riE;hl-~: w,~y line, then north to the actual point of beginning, except that part whic:t-~ i:; i, ~t 6, Auditors Subdivsion 31. 3. Tlc, at ti~e iq'oposed expansion consists of the addition of 912 square feet for product coolers arid 1 (~1~ :~quare feet to create a separated front door entrance; and 4. Thai o~ i)cccmbcr 4, 2003, the Applicant's site plan was submitted to the Planning Commissio~t wi~h ~. staff recommendation for approval contingent upon the Applicant receiving an exception lo ~h_~ moratorium fi'om City Council. 5. Tha! ~ l~t:cember 9, 2003, the request for exception to moratorium and site plan approval wa:~ s;t~lmfittcd to the City Council with a recommendation from the Planning Commiss~(m ~l'~tl ~Sty Staff for approval. 6. Tt~af ih~: ~oratorium established by Ordinance #03-27 expires on February 25, 2004 and thc Appli~:~mi. I:a;.; :~tated that the new tenant would like to take occupancy in January and will not take occu!~a ~r:y ~vithout the upgrades to the building; and 7. '?t~a~ ih:m: are special circumstances or conditions affecting said property such that the strict at)plJ~:~,~i(')~ of the provisions of the moratorium would deprive the petitioner of the