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_166_ <br />Case #5: Request for Exception from Development Moratorium, Case of Ron Taliman <br />Community Development Director Trudgeon reviewed that the R -1 Residential Rural <br />Developing District is currently under a moratorium for the subdivision of land. The purpose of <br />the moratorium is to provide time for the Planning Commission and City Council to review R -1 <br />Residential District requirements governing cluster subdivision proposals. The moratorium is set <br />to expire February 15, 2007. Ron Tallman has requested an exception to the moratorium in order <br />to proceed with his proposed subdivision, Wild Oaks of Ramsey. Mr. Trudgeon reviewed that <br />Ron Tallman applied for sketch plan review of Wild Oak a dditio •e in May 2005, as one of the <br />first cluster subdivision proposals to be processed ew cluster subdivision <br />requirements. The preliminary plat for Wild Oak as • • g • e City Council on May 9, <br />2006, because the plat showed .a cul -de -sac in ex 600 Wince was applied for and <br />denied), and because of the lack of a second acce <br />the hardship <br />amount of mone <br />of his property, thu <br />a long cul -de -sac <br />t er subdiv <br />`R. nts, o <br />Community Development Director Trudgeon star <br />plat to the City that eliminates these two concerns, <br />moratorium ordinance provides for exceptions MT <br />The Council has the authority to grant an exception to the <br />for the protection of the public interest. No ce'on is to be <br />finds the following: <br />1. That there are special circumstan <br />that strict compliance would de <br />2. That the exception is necessary <br />3. That the granting of the <br />injurious to other prope <br />4. That the exception will <br />City's existing Com <br />adoption of amend+ <br />That the proposed s <br />mor �r�tLm F inance. <br />Com <br />re <br />O <br />ne <br />detai <br />transition <br />design subnf <br />City Council / August 8, 2006 <br />Page 10 of 29 <br />an now wi mit a revised <br />ecause of•ratorium. The <br />ay result in undo hardship. <br />with conditions desirable <br />tless the City Council <br />ecting the property in question such <br />nable use of the property. <br />stantial property right. <br />ental to the public welfare or <br />xcep <br />e area. <br />onious <br />ve Plan and w <br />e Comprehensive lan. <br />will be consistent with the intent and purpose of the <br />cordance with the objectives of the <br />ersely affect the planning process for <br />Director Truer stated based on his letters, Mr. Tallman is <br />because of the length of time his proposal has been before the <br />in the project, and because he has purchased the 10 acres to <br />iding for a second access to Wild Oaks and eliminating the <br />dgeon stated Council has spent a lot of time discussing the <br />rdinance. The Council has raised concerns regarding density <br />ace provisions, the calculation of density, and septic system <br />The moratorium ordinance was adopted to study these issues, <br />and to date thesessue e not been resolved. Allowing the exception to the moratorium will <br />.���- g P <br />allow Mr. Tallman elop under the current cluster ordinance, before Council has the <br />opportunity to make desired changes to the ordinance. However, staff recognizes the amount of <br />time and effort that Mr. Tallman has invested in bringing his subdivision proposal to the City for <br />review. Based on the specific criteria laid outin the moratorium ordinance and the information <br />provided by Mr. Taliman, staff cannot identify sufficient circumstances or conditions that <br />warrant approval of the request for exception to the moratorium. Staff is recommending that the <br />• <br />