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Ord 2001-077
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Ord 2001-077
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Last modified
6/2/2008 1:41:22 PM
Creation date
7/10/2006 3:34:05 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2001-77
Date
10/8/2001
Volume Book
145
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<br />(7) In the event the petition alleges that the application of the standards has resulted in at <br />least a 25% devaluation of the property, the petition must also be accompanied by a statement <br />of the petitioner's intent to submit an appraisal of the property by a qualified professional <br />comparing the market value of the property as if the standards of this article were not in effect <br />with the market value of the property with the standards in effect. This apj)raisal must utilize <br />sales comparison or other reliable method of determining fair market value, and the completed <br />appraisal must be submitted prior to the Council's consideration of the petition. <br /> <br />(QL Criteria. In deciding whether to grant relief to the petitioner, the city council will consider <br />whether there is any evidence from which it can reasonably conclude that the application of all <br />or a part of the standards in this article will deprive the petitioner of a vested property right or of <br />all economically viable use of the land, or for land in the extraterritorial iurisdiction, that the <br />application of the standards has resulted in at least a 25% devaluation of the property, based <br />upon the following factors: <br /> <br />(1 ) The nature and extent of prior applications filed or approved for the property; <br /> <br />(2) Whether any prior vested rights determinations have been made with respect to the <br />property subiect to the aquifer protection plan; <br /> <br />(3) Whether any prior approvals of development applications granted by the city for the <br />property have been terminated in accordance with law; <br /> <br />(4) The nature and intensity of the uses allowed following application of the standards in <br />this article to the proiect, in comparison with the nature and intensity of the uses allowed prior <br />to the application of the standards; <br /> <br />(5) Whether the standards of this article when applied allow an economically viable use <br />of the land; <br /> <br />(6) For petitions in which it is alleged that there has been a devaluation of property <br />located in the extraterritorial iurisdiction, whether the adoption or application of standards in <br />this article is the producing cause of any devaluation of the property; <br /> <br />(7) The total expenditures made in connection with the proposed development m <br />reasonable reliance on prior regulations; <br /> <br />(8) Any fees reasonably paid in connection with the proposed development; <br /> <br />(9) Any representations made by the city concerning the proiect and reasonably relied <br />upon to the detriment of the petitioner; <br /> <br />(10) The extent to which the standards in this article already would have applied to the <br />property under prior regulations of the city or regulations of any other regulatory agency; <br /> <br />C:\TEMP\Edwards Regulations revision final.doc <br /> <br />26 <br />
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