2.1. SR 05-11-2009REQUEST FOR ACTION
To Item Number
Ci Council 2.1
Agenda Section Meeting Date Prepared by
May 11, 2009 Jeremy Barnhart, Plannin Manager
Item Description Reviewed by
Request by Ken Dehn/ Monte Howerton for Waiver of
Restrictions on the Moratorium on Land Use Applications and Reviewed by
Approvals Within the City of Elk River Focused Area Study
Area -Public Heari -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; hardship has not been demonstrated.
Summary
Ken Dehn, property owner, and Monte Howerton, proprietor of the Repot Depot, are requesting a
waiver of the moratorium that was imposed in December, 2008 to facilitate the completion of the
Focused Area Study. If the waiver is approved, Monte Howerton has requested a Conditional Use Permit
to allow marine, RV, and power sports sales on Ken Dehn's property.
Planning Commission Discussion
The Planning Commission held a special meeting on May 5, 2009. After the public hearing, the Planning
Commission felt the waiver should not be granted because the standards for waiver have not been
established, and the Focused Area Study should be completed.
Public Comment
Ken Dehn, property owner, spoke against the moratorium, feeling that he has somebody wishing to use
the property, and the City is taking away this opportunity.
Monte Howerton, applicant, noted his issue with time; he needs to be operating as soon as possible, as
the majority of his business is conducted before July 4.
Attachments
• Staff Report to Planning Commission dated May 5, 2009
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\Staff report waiver of moratorium CC 5-11-09.doc
REQUEST FOR ACTION
To Item Number
Planning Commission 4.1.
Agenda Section Meeting Date Prepared by
Plannin Items Ma 5, 2009 exem 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. Fox 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 maximizing 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
conclitions 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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