Laserfiche WebLink
CASE # 3 <br />• REQUEST FOR EXCEPTION TO THE DEVELOPMENT MORATORIUM IN THE <br />R -1 RESIDENTIAL: RURAL DEVELOPING DISTRICT; <br />CASE OF , OAKWOOD LAND DEVELOPMENT <br />By: Amy Geisler, AICP, Associate Planner <br />Background: <br />The R -1 Residential Rural Developing district is currently under a moratorium for the <br />subdivision of land, which is currently set to expire on May , 15, 2007. Oakwood Land <br />Development has requested an exception to the moratorium in order to proceed with a metes and <br />bounds subdivision, which will provide the City with needed right -of -way for the extension of <br />10 Avenue NW. <br />The following items are enclosed for your information: <br />.a) Site location map <br />b) Letter from applicant, dated November 8, 2006 <br />c) Proposed Findings of Fact - <br />d) Proposed Resolution to approve the exception request <br />Funding Source: <br />All staff costs associated with the review of land use applications are aid for b the applicant. <br />PP P Y PP <br />Observations: <br />The applicant is also requesting a variance to platting requirements to proceed with a metes and <br />bounds subdivision, which is described in another case. In order to proceed with this request, an <br />exception is required to the development moratorium. <br />The moratorium ordinance provides for exceptions when compliance may result in undue <br />hardship. The Council has the authority to grant an exception to the moratorium with conditions <br />desirable for the protection of the public interest. No exception is to be granted unless the City - <br />Council fmds the following: <br />1. That there are special circumstances or conditions affecting the property in question such <br />that strict compliance would deprive the petitioner of reasonable use of the property. <br />2. That the exception is necessary for the preservation of a substantial property right. <br />3. That the granting of the exception will not be detrimental to the public welfare or <br />injurious to other property in the area. <br />• 4. That the exception will be harmonious with and in accordance with the objectives of the <br />City's existing Comprehensive Plan and will not adversely affect the planning process for <br />adoption of amendments to the Comprehensive Plan. <br />—121— <br />