Minutes - Council - 02/27/2007 - Laserfiche WebLink

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Associate Planner Geisler stated the Public Works Committee discussed the alignment of 167th Avenue on October 17, 2006; meeting minutes are included in the Council's packet. The Committee recommended the applicant move forward with the proposed alignment and subdivision process. Because these parcels are located in the Rural Developing Area, which is currently under a development moratorium, a request for exception to the moratorium is also before the Council. Ms. Geisler advised staff recommends approval of the variance. Ms. Geisler stated Case No.2 is the request for vacation of easements in Gebert's Addition; Case of Oakwood Land Development. If the variance and subdivision in Case No.1 are approved, the drainage and utility easements on the common property line need to be vacated. Staff is requesting that new drainage and utility easements be recorded on the new lots for the existing homes. Staff recommends introduction of the ordinance to vacate the drainage and utility easements as shown in the exhibit of Gebert's Addition. Associate Planner Geisler stated Case No.3 is the request for exception to the development moratorium in the R-l Residential: Rural Developing District; Case of Oakwood Land Development. Oakwood Land Development has requested an exception to the moratorium in order to proceed with a metes and bounds subdivision, which will provide the City with needed right-of-way for the extension of 16th Avenue NW. The moratorium exception is needed in order to proceed with the variance request in Case No.1. Ms. Geisler advised the moratorium ordinance provides for exceptions when compliance may result in undue hardship. The Council has the authority to grant an exception to the moratorium with conditions desirable for the protection of the public interest. No exception is to be granted unless the City Council finds the following: 1) That there are special circumstances or conditions affecting the property in question such that strict compliance would deprive the petitioner of reasonable use of the property. 2) That the exception is necessary for the preservation of a substantial property right. 3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. 4) That the exception will be harmonious with and in accordance with the objectives of the City's existing Comprehensive Plan and will not adversely affect the planning process for adoption of amendments to the Comprehensive Plan. 5) That the proposed subdivision will be consistent with the intent and purpose of the moratorium ordinance. Ms. Geisler stated the applicant is furthering a substantial jublic interest by assembling and deeding to the City land necessary for the extension of 167 Avenue NW. The applicant has already held the three parcels in question for over a year. Staff feels that the assembly of parcels for right-of-way purposes is a unique circumstance, as opposed to a typical subdivision request to create new buildable lots. Finally, if approved the subdivision will be consistent with the intent and purpose of the moratorium ordinance, which is to temporarily prevent the creation of new buildable lots. Based on these reasons, staff is recommending approval of the request. Citizen Input Mayor Gamec stated citizen input will be taken for Case Nos. 1 and 2 at this time. City Council / February 27, 2007 Page 8 of 21