4.1 PCSR 10-27-2015 - Laserfiche WebLink

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Applicable Regulation In determining whether to authorize an interim use, the Planning Commission and City Council shall consider the following criteria: 1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt . upon adjacent properties. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. 3. The use is similar to uses defined in the zoning district in which the proper y is located. 4. The date or event that will terminate the use can be identified with certainty. The temporary structures were intended to meet the needs of their growing congregation while they planned an addition on the south side of their existing building. Over the past 11 years, this addition/planning event has not been identified with any certainty and there have been no assurances the use will terminate. 5. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 6. The applicant and user agree to all conditions that the city council deems appropriate for authorh ation of the interim use. 7. The applicant provides assurances deemed adequate by the ciy council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the ci y, or provide some other form of security, to ensure compliance with this criterion. There have been no assurances the use will terminate. The applicant applied for extensions in 2006, 2008, 2010, 2014 and is applying for another 4 year extension in 2015. If the proposed fifth IUP extension is granted, temporary structures will be in use on the subject property for 15 years. . 8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. 9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning regulations. If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-658. In the review of the standards for an IUP as outlined, criteria #4& #7 are not satisfied to permit the IUP. Currently the three structures have been authorized to remain until June 1, 2017 in their current location. The applicant is essentially requesting the relocation of the south structure and extending the IUP expiration date for all three until September 1, 2019. Staff is comfortable in the relocation of the one N:A Departments\Community Development\Planning\Case Files\CUP\CU 15-18 River of Life 1UP\CU 15-18 sr PC River of Life.docx