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3. The use is similar to uses defined in the honing district in which the property is located. <br />Office space is allowed in this PUD district. <br />4. The date or event that will terminate the use can be identified with certainty. <br />The temporary structure was intended to meet the office needs of their business while they planned <br />an expansion to their existing building. Over the past 6 years, this expansion event has not been <br />identified with any certainty and there have been no assurances the use will terminate. <br />5. Authorising the use will not impose additional costs on the public if it is necessary for the public to take the property in <br />the future. <br />It will not impose additional costs. <br />6. The applicant and user agree to all conditions that the city council deems appropriate for authoritiation of the interim <br />use. <br />The applicant and user agree to all conditions. <br />7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the <br />interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some <br />other form of security, to ensure compliance with this criterion. <br />There have been no assurances the use will terminate. The applicant applied for extensions in 2009 <br />and 2012 and they are applying for another 3 year extension in 2015. If the proposed third IUP <br />extension is granted, the temporary structure will be in use on the subject property for 12 years. <br />8. Authoritiation of the interim use will not result in adverse effects on the public healtb, safety, or welfare. <br />There will be no adverse effects on the public health, safety, or welfare. <br />9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's <br />honing regulations. <br />It is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning <br />regulations. <br />If denial of such a permit should occur, it shall accompany recommendations or determinations by <br />findings or a report stating how the proposed use does not comply with the standards set forth in Section <br />30-658. <br />Although the standards for an IUP as outlined are not satisfied to permit the IUP, staff is comfortable <br />granting the IUP as requested with a condition that no further Interim Use Permits for temporary <br />structures shall be granted for the property. <br />Financial Impact <br />None <br />Attachments <br />■ Location Map <br />■ Applicants Narrative <br />■ Site Plans <br />■ Site Photos <br />\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 15-22 LeFebvre IUP Extend\CU 15-11 sr PC LeFebvre <br />11-24-15.docx <br />