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City of <br />Elk — <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.7 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />March 21, 2016 <br />Zack Carlton, Planning Manager <br />Item Description <br />Reviewed by <br />Briggs Companies Request — 17432 Zane St. NW, <br />Chris Leeseberg, Senior Planner <br />Interim Use Permit for Extended Stay Hotel <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />The Planning Commission recommendation is to approve, by motion, the five-year Interim Use Permit <br />request with the following conditions: <br />1. Submittal of applicable land use and site plan review applications by March 21, 2017. <br />2. Submittal of complete building permit applications by March 21, 2019. <br />3. The property shall apply for and receive a rental license from the city and conform to inspection <br />requirements of the permit. <br />4. If the authorized use ceases for more than six months, the Interim Use Permit shall expire. <br />5. The Interim Use Permit is not a building permit and the applicant must apply for and receive <br />approval of required building and sign permits before any construction may begin. <br />6. The building shall meet all building and fire codes. <br />7. The Interim Use Permit shall expire on March 21, 2021. <br />8. No extensions or modifications to the Interim Use Permit shall be granted. <br />The city staff recommendation is direction, by motion, to prepare a resolution making Finding of Fact and <br />denying the Interim Use Permit request for the following reasons: <br />1. Criteria #4 is not met — The date or event that will terminate the use cannot be identified with <br />certainty. <br />2. Criteria #7 is not met — Assurances that the use will cease within the requested timeframe have <br />not been provided. <br />Background/Discussion <br />Case No. CU 16-07 <br />The applicant is seeking approval of an Interim Use Permit (IUP) to operate an extended stay hotel on <br />the existing Elk River Lodge and Suites property. <br />Zoning <br />Due to the expiration of the original hotel Conditional Use Permit (CUP) in April of 2010, the property <br />at 17432 Zane St. NW received a CUP (CU 11-07) to operate as an extended stay hotel in May of 2011. <br />The property operated as a hotel per the requirements of the 2011 CUP until an inspection by the State <br />Fire Marshal's office on May 1, 2014, determined that the operation no longer met the requirements for a <br />hotel. The Fire Marshal's report states `At time of inspection attempt, upon contact av6 Marla of Briggs Company <br />it was determined that the facility is no longer being occupied as an R-> HotellMotel Occupancy. Per Marla, all <br />P 0 x E R E U a r <br />NaA f RE] <br />