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Minutes - Council - 07/13/2004
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Minutes - Council - 07/13/2004
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Meetings
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Minutes
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Council
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07/13/2004
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lot of record for the home in order to facilitate the sale. On June 22, 2004, the City received Mr. <br />Rowe's request for a moratorium exception to subdivide his property in order to sell the <br />homestead separate fi'om the greenhouse at 6530 Green Valley Road. <br /> <br />Mi7. Rowe's response to the moratorium exception criteria are as follows: <br /> <br />1. The home already exists and subdividing the property would not change any land uses or <br /> create any new developable lots. <br /> <br />2. The ability to sell the home independent of the business is a substantial property right. <br /> <br />The sale of the home would not be detrimental to the public welfare as there would be no <br />new development; the property would continue to be used for a greenhouse and a <br />homestead. <br /> <br />The separation of two existing uses, without creating opportunity for additional uses or <br />development, would be in harmony with the moratorium objective to curtail development <br />during the planning process. <br /> <br />The subdivision will be consistent with the moratorium as it is not facilitating fi~rther <br />development, but will continue as a home and greenhouse, as it has been for the past 25 <br />years. <br /> <br />With respect to the 5 criteria for granting exceptions, the following findings are recommended: <br /> <br />That the special circumstance is the existence of two entities (greenhouse and homestead) <br />located on the same parcel and strict application of the moratorium ordinance would <br />prohibit the two entities from being owned independent of each other. <br /> <br />2. That the ability to sell personal property is a substantial property right that would be <br /> obstructed with the strict application of the moratorium ordinance. <br /> <br />That the granting of the exception will not be detrimental to the public welfare or other <br />property in the area because the subdivision will not facilitate any new development; the <br />newly created lot will be occupied by an existing home. <br /> <br />That the exception will be harmonious with the objectives of the City's existing <br />Comprehensive Plan as the subdivision will meet the requirements of the Rural <br />Developing District; and it will not adversely affect the planning process because no new <br />development will occur. <br /> <br />That the exception will be harmonious with the objectives of the moratorium ordinance to <br />curtail development because the subdivision will not create any new buildable lots; it will <br />simply create new boundaries around two existing uses. <br /> <br />City Council/July 13, 2004 <br />Page 18 of 24 <br /> <br /> <br />
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