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Agenda - Planning Commission - 09/02/2004
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Agenda - Planning Commission - 09/02/2004
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8/27/2004 11:43:44 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
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09/02/2004
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the same 40-acre parcel. Mr. Rowe has a home at 17059 Nowthen Blvd. N.W. and, therefore, <br />would like to sell the homestead on the Greenhouse property to' his nephew, who is also an <br />employee of the ~eenhouse. It is necessary to subdivide the property in order to create a <br />separate lot of record for the home in order to facilitate the sale. On June 22, 2004, the City <br />received Mr. Rowe's request for a moratorium exception to. subdivide his property in order to sell <br />the homestead separate from the ~eenhouse at 6530 Green Valley Road. <br /> <br />Mr. Rowe's'response to the moratorium exception criteria are as follows: <br /> <br />t. 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 ~eenhouse and a <br />homestead. <br /> <br />The separation of two existing uses, without creating opportunity for additional uses or <br />development, would be in han-nony with the moratorium objective to curtail developrnent <br />during the planning process. <br /> <br /> 5. The subdivision will be consistent with the moratorium as it is not facilitating further <br /> development, but wilt continue as a home and ~eenhouse, 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 (~eenhouse and homestead) <br />located on the same parcel and strict application of the moratorimn ordinance would <br />prohibit the two entities fi'om being owned independent of each other. <br /> <br />2. That the ability to sell personal property is a substantial property fight that would be <br /> obstructed with the strict application of the moratorium ordinance. <br /> <br />That the gTanting 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 />P58 <br /> <br />CiD, Council/July 13, 2004 <br />Page 18 of 24 <br /> <br /> <br />
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