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NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application by Pat Briggs for a Land Use Amendment and Conditional Use Permit to operate a hotel at 17432 Zane St NW. 715� 1 � IVII Al I 1Z " �* �,,; I 1. The parcel at 17432 Zane Street NW was issued a Conditional Use Permit to operate :as a hotel on May 18, 2011. 2. The hotel operation continued as a legal conforming use until a regular inspection from the State Fire Marshal's office on May 1, 2014, noted the building was no longer being operated as a hotel as authorized by the Conditional Use Permit, but as an apartment building. 3. On May 19, 2014, the City Council of the City of Elk River adopted an updated Comprehensive Plan. The plan changed the land use designation for 17432 Zane Street NW from commercial to high density residential uses. 4. On July 17, 2014, city staff sent a letter to the property owner which informed them the city was aware of the cessation of the hotel use and noted the need to re-establish the use or the Conditional Use Permit would expire. 5. On November 1, 2014, in accordance with Elk River City Ordinance section 30-656, the Conditional Use Permit authorizing a hotel use at 17432 Zane Street NW expired as the authorized use had ceased for six months. 6. During an inspection by the City's Fire and Building Safety department in the spring of 2015, staff identified a number of units within the building that had been modified to include cooking facilities (stoves). The city had not been aware of these changes during the previous Conditional Use Permit process. 7. On August 10, 2015, Elk River staff sent the property owner a cease and desist letter stating the need to cease the illegal apartment operation. 8. During the fall and winter of 2015 the Applicant submitted land use application packages on August 31, 2015, September 28, 2015, October 26, 2015, and December 1, 2015. All four submittals were returned as incomplete or withdrawn by the applicant. 9. On December 28, 201. _5, the Applicant submitted a I.,and Use Amendment application, Case No. LS 16-01, and Conditional Use Pernuit application, Case No. CU 16-01. The applications were deemed complete and scheduled for review by the Planning Commission and City Council.