7.3. SR 02-16-2016 - Laserfiche WebLink

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7. mill fully coVywith all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The building will not fully comply with all other requirements of the code as the building has been modified since receiving initial and subsequent approvals to operate as a hotel. Modifications, including adding stoves and kitchen cabinets, have changed the use of the building to one that no longer meets the zoning ordinance for a hotel. In reviewing the standards for issuance of a CUP, it does not appear the proposed use satisfies items two, three, and seven. 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 30-654. Planning Commission During the public hearing, representatives from the Briggs Companies spoke in support of their application and disputed information and ordinance interpretations provided by staff. Marla, representing The Briggs Companies, stated that due to a lack of support for the current applications, they are seeking input from the Planning Commission for a five-year Interim Use Permit to allow an extended stay hotel. The Commission agreed that an IUP may be a better option to accommodate their request. Pat Briggs discussed the long-term transportation plans for the Highway 10 corridor south of the 101/169/10 interchange. Staff stated that a firm timeline for implementation does not exist, and that future projects in the area are dependent on funding. Mr. Briggs also spoke to Commissioner Larson- Vito's comment that The Briggs Companies were, as recently as the day of the commission meeting, advertising the Elk River Lodge as apartments. He stated that the change had been made in anticipation of prior land use application approvals. Mr. Briggs cited the city's definition of hotel and disagreed with staff's interpretation that the definition meant none of the rooms were permitted to have cooking facilities. The interpretation provided by Mr. Briggs was that a minimum of five rooms could not have cooking facilities, but that the remaining had the potential. He noted the Elk River Lodge has 30+ rooms without cooking facilities, and felt the facility satisfied city ordinance. The Planning Commission supported staff's interpretation of the ordinance. The City Attorney was consulted after the meeting and also supported staff's interpretation. Mr. Briggs addressed John Gergen's State Fire Marshal's report dated May 1, 2014, which stated "At time of inspection attempt, upon contact with Marla of Briggs Company ... it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel Occupancy. Per Marla, all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy." Marla stated that their database does not have a record of receiving a phone call from the State Fire Marshal's office and that the conversation did not happen. Commissioner Larson -Vito asked for confirmation that representatives from The Briggs Companies were asserting that statements included in the May 1, 2014, report were fabricated or inaccurate. Marla confirmed that assertion. Mr. Briggs later stated that the conversation between Marla and the Fire Marshal, as described in the report, "did not occur." Staff spoke with the city's Fire Marshal regarding those comments as he had previously stated he was with John Gergen while contact with The Briggs Companies was made. He confirmed that Mr. Gergen