Resolution - #07-02-065 - 02/27/2007

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, Councilmemher Elvig introduced the following resolution and moved for its adoption: RESOLUTION #07-02-065 A RESOLUTION ADOPTING FINDINGS OF FACT #0792 RELATED TO OAKWOOD LAND DEVELOPMENT'S REQUEST FOR . AN EXCEPTION TO THE DEVELOPMENT MORATORIUM IN THE R-l RESIDENTIAL: RURAL DEVELOPING DISTRICT FINDINGS OF FACT: 1. That the City adopted a development moratorium on the R-I Residential: Rural Developing District pursuant to Ordinance #06-07 ("the Moratorium Ordinance"). The moratorium was extended an additional 3 months upon the adoption of Ordinance #07- 01. 2. That Section 5 of Ordinance #06-07 permits Undue Hardship Exceptions to the Moratorium under certain conditions. 3. That Oakwood Land Development ("the Petitioner") has applied for a variance to platting requirements to proceed with a metes and bounds subdivision in order to provide necessary right-of-way for the extension of 16ih Avenue NW. 4. That the special circumstance or condition affecting the subject property is the presence of necessary public street right-of-way for the extension of 16ih Avenue NW within these parcels. 5. That the ability of the Petitioner to sell the existing homes on the Subject parcels while providing right-of-way to the City is a substantial property right that will be preserved through the granting of an exception. 6. That the provision of public street right-of-way is a public benefit, and not a detriment to the public welfare. 7. That the Comprehensive Plan requires the extension of 167th Avenue NW from Nowthen Blvd to Annstrong Blvd. 8. That, if approved, the metes and bounds subdivision will not create any new buildable lots, and thus will not violate the intent of the moratorium ordinance which is to prohibit subdivision and the creation of new lots during the term of the moratorium.