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REQUEST FOR COUNCIL ACTION <br />DATE: March 22,‘ <br />ITEM NO.:'7> <br />Department Approval: <br />Name Michael P. Gaffron <br />Title Assistant Planning & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: Process for Request of Variance from Highway 12 Moratorium - Ben <br />Meinhardt. 3585 Sixth Avenue North <br />Zoning District: RR-IB, Single Family Rural Residential, Two Acre <br />List of Exhibits <br />A - Moratorium Ordinance No. 144 <br />B - Survey <br />C - Draft Legal Notice <br />Mr. Meinhardt has applied for a building permit for construction of a 26' x 26' addition to his <br />existinc house. The addition meets all requirements of the RR*1B zoning district. Normally, <br />the permit for this addition would be issued by staff with no review needed by Planning <br />Commission or Council. However, the property is located within Area 4 of the current <br />Highway 12 Corridor moratorium. Section 5 of the moratorium ordinance prohibits the <br />granting of building permits within the study area. Section 7 allows the Council to grant a <br />variance if Council makes a number ot appropriate findings. <br />Mr. Meinliardt is requesting a variance to the moratorium. The City Attorney has advised that, <br />while the Council may waive referral to the Planning Commission, a public hearing with proper <br />notice should be held by the Council in order to meet Code requirements and avoid setting a <br />negali\e precedent. <br />If Council chooses to waive Planning Commission referral, a public hearing notice can be <br />published in time for a hearing ai the Council's .April 8 meeting. A resolution would be <br />presented at that time, which if adopted would allow staff to issue a building permit to Mr. <br />Meinhart during the second week ot April. <br />COUNCIL ACTION REQUESTED: <br />Direct staff to publish for a public hearing at the April 8 Council meeting. <br />PROPOSED MOTION: Moved by _____. seconded by _____, to waive reterral to the <br />Planninu Commission of Ben Mcinhardfs moratorium variance request, and direct statf to <br />publish legal notice for a public hearing on April 8. Vote: _____ayes,_____nays. <br />Isv