Agenda - Council - 07/13/2004 - Laserfiche WebLink

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CASE # REQUEST FOR EXCEPTION FROM DEVELOPMENT MORATORIUM; CASE OF JOHN ROWE By: Zoning Administrator Sylvia Frolik Background: The R-1 Residential Rural Developing district is currently under a moratorium for the subdivision of land. The purpose of the moratorium is to provide the City with the opportunity to perform a comprehensive planning process to determine how growth will occur outside of the current urban service area. The moratorium is currently in effect to about September 14, 2004. The moratorium ordinance provides for exceptions when compliance 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 them 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. 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: Recently, Mr. Rowe purchased the Green Valley Greenhouse and homestead at 6530 Green Valley Road from his brother-in-law, Wayne Davis. The greenhouse and the homestead are on the same 40 acre parcel. Mr. Rowe has a home at 17059 Nowthen Blvd. N.W. and therefore would like to sell the homestead on the Greenhouse property to his nephew, who is also an employee of the greenhouse. It is necessary to subdivide the property in order to create a separate lot of record for the home in order to facilitate the sale. On June 22, 2004, the City received Mr. Rowe's request fbr a moratorium exception to subdivide his property in order to sell the homestead separate from the greenhouse at 6530 Green Valley Road. Mr. Rowe's response to the moratorium exception criteria are as follows: 1. The home already exists and subdividing the property would not change any land uses or create any new developable lots. 2. The ability to sell the home independent of the business is a substantial property right.