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Councilmember introduced the following resolution and moved for its adoption: <br />• <br />RESOLUTION #07 -02- <br />A RESOLUTION ADOPTING FINDINGS OF FACT # RELATED TO <br />OAKWOOD LAND DEVELOPMENT'S REQUEST FOR AN EXCEPTION TO THE <br />DEVELOPMENT MORATORIUM IN THE R -1 RESIDENTIAL: RURAL <br />DEVELOPING DISTRICT <br />FINDINGS OF FACT: <br />1. That the City adopted a development moratorium on the R -1 Residential: Rural <br />Developing District pursuant to Ordinance #06 -07 ( "the Moratorium Ordinance "). The <br />moratorium was extended an additional 3 months upon the adoption of Ordinance #07- <br />01. <br />2. That Section 5 of Ordinance #06 -07 permits Undue Hardship Exceptions to the <br />Moratorium under certain conditions. <br />3. That Oakwood Land Development ( "the Petitioner ") has applied for a variance to platting <br />requirements to proceed with a metes and bounds subdivision in order to provide <br />necessary right -of -way for the extension of 167' Avenue NW. <br />• 4. That the special circumstance or condition affecting the subject property is the presence <br />of necessary public street right -of -way for the extension of 167`" Avenue NW within <br />these parcels. <br />5. That the ability of the Petitioner to sell the existing homes on the Subject parcels while <br />providing right -of -way to the City is a substantial property right that will be preserved <br />through the granting of an exception. <br />6. That the provision of public street right -of -way is a public benefit, and not a detriment to <br />the public welfare. <br />7. That the Comprehensive Plan requires the extension of 167` Avenue NW from Nowthen <br />- Blvd to Armstrong Blvd. <br />8. That, if approved, the metes and bounds subdivision will not create any new buildable <br />lots, and thus will not violate the intent of the moratorium ordinance which is to prohibit <br />subdivision and the creation of new lots during the term of the moratorium. <br />• <br />-125- <br />