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REQUEST FOR ACTION <br />To Item Number <br />Planning Commission 4.1. <br />Agenda Section Meeting Date Prepared by <br />Plannin Items Ma 5, 2009 exem Barnhart, Plannin Mana er <br />Item Description Reviewed by <br />Request by Ken Dehn/ Monte Howerton for waiver of <br />Moratorium Ordinance Reviewed by <br />Public Hearing -Case No. CU 09-13 <br />Action Requested <br />Staff recommends denial of the waiver of the ordinance, because: <br />1. The work triggering the moratorium(The Focused Area Study) is not yet completed. <br />2. It is undetermined if the use of this property is consistent with the plan. <br />3. The resulting regulations necessary to carry out the vision contemplated by the plan <br />have not been developer/ approved. <br />4. The standards for waiver have not been satisfied. <br />Background/Discussion <br />The applicant is seeking a waiver from the moratorium ordinance, enacted in December 2008, to allow <br />completion of the Focused Area Study (FAST), free from development pressure. <br />In general, a moratorium has advantages to both the City and the area property owners. Fox property <br />owners desiring to sell their property, they benefit by knowing the market that will be desired by the City. <br />Also, since one of the goals of the plan is to increase property values in the area, the property owners <br />benefit from maximizing their value, if the plan is followed. The City benefits by focusing its resources <br />on the larger plan, rather than scattering these resources to other projects in the area. Lastly, this allows <br />the plan to be completed more rapidly. <br />Attachments <br />Location Map <br />Applicable Regulations <br />The Interim Ordinance includes a provision that allows the City Council to waive the ordinance in <br />cases of undue hardship. "Undue hardship" as used in connection with the granting of a <br />variance means the property in question cannot be put to a reasonable use if used under <br />conclitions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the locality. Economic considerations <br />