4.1. PCSR 05-06-2009.^~J
City of
Elk .~_.
River
REQUEST FOR ACTION
To Item Number
Planning Commission 4.1.
Agenda Section Meeting Date Prepared by
Plannin Items Ma 5, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Ken Dehn/ Monte Howerton for waiver of
Moratorium Ordinance Reviewed by
Public Hearing -Case No. CU 09-13
Action Requested
Staff recommends denial of the waiver of the ordinance, because:
1. The work triggering the moratorium(The Focused Area Study) is not yet completed.
2. It is undetermined if the use of this property is consistent with the plan.
3. The resulting regulations necessary to carry out the vision contemplated by the plan
have not been developer/ approved.
4. The standards for waiver have not been satisfied.
Background/Discussion
The applicant is seeking a waiver from the moratorium ordinance, enacted in December 2008, to allow
completion of the Focused Area Study (FAST), free from development pressure.
In general, a moratorium has advantages to both the City and the area property owners. For property
owners desiring to sell their property, they benefit by knowing the market that will be desired by the City.
Also, since one of the goals of the plan is to increase property values in the area, the property owners
benefit from maxunizing their value, if the plan is followed. The City benefits by focusing its resources
on the larger plan, rather than scattering these resources to other projects in the area. Lastly, this allows
the plan to be completed more rapidly.
Attachments
• Location Map
Applicable Regulations
The Interim Ordinance includes a provision that allows the City Council to waive the ordinance in
cases of undue hardship. "Undue hardship" as used in connection with the granting of a
variance means the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the plight of the landowner is due to
circumstances unique to the property not created by the landowner, and the variance, if
granted, will not alter the essential character of the locality. Economic considerations
Case File: CU 09-13
Page 2
The National Repot Depot
Monte Howerton
Moratorium waiver
alone shall not constitute an undue hardship if reasonable use for the property exists under
the terms of the ordinance.
Reasonable use. The City is not prohibiting reasonable use with the moratorium. In fact, all
permitted uses are not subject to the moratorium.
Unique circumstances. The property is not unique from other properties in the moratorium area.
Not alter the essential character of the locality. The purpose of the plan, and moratorium, is to
analyze the character of the locality, and determine if additional regulatory guidance would be
beneficial to the long term property values and marketability of the area. By waiving the
moratorium before this plan has been approved, this purpose is challenged.
Based on these criteria, Staff feels that the variance should be denied, pending completion of the
plan, at minimum.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\CU 09-13_PC waiver of moratorium.doc
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