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occupants are leasing a unit or multiple units forgreater than 30 days which would be an R-2 occupancy. " An R-2 occupancy is an apartment building per the state building code. Additionally, the Minnesota Department of Health, who licenses and inspects hotels, noted that during a routine inspection on May 14, 2014, and during a conversation with Marla Weston from the Briggs Companies, that the establishment was being rented out as an apartment building and not used as a hotel. With the termination of the hotel use on or before May 1, 2014, the six-month expiration time limit started. The use authorized by a CUP must be maintained without a break in use of longer than six months or the CUP expires. On July 17, 2014, city staff notified the property owner of the need to maintain/re-establish the hotel use or risk losing the CUP. The hotel use was not re-established, and the CUP expired on November 1, 2014. The building is currently in use as an apartment building, which is not a permitted or conditional use in the Highway Business (C-3) zoning district, and is classified as an illegal use. Hotels are a conditional use in the C-3 district, but the building does not meet the city's definition of a hotel as it has cooking facilities in eight of the units. By applying for an IUP, which may allow for similar uses to temporarily deviate from the zoning ordinance, the applicant is seeking to operate as an extended stay hotel with cooking facilities. Comprehensive Plan The city adopted an updated Comprehensive Plan in May of 2014 where the land use designation for the parcel was changed to reflect the Focused Area Study (FAST), which guides this, and adjacent parcels to the south, for high density residential uses. The residential guidance supports the current use as an apartment building, but the structure does not meet zoning or building codes to legally operate as such. To re-establish a legal status, the applicant has requested to operate under an IUP for a period of five years, at which time they will have converted the site to an approved apartment building. In order to establish the apartment use, the owner needs additional time to prepare plans, acquire property, and secure funding prior to seeking formal approval. Building The applicant is proposing to utilize the entire building for the extended stay hotel use. The building was originally constructed as a hotel, and operated as such until the original CUP expired in April of 2010. The plans submitted with the 2011 CUP application did not identify any changes and establishment of a hotel was reauthorized. City ordinance section 30-1 states: Hotel means any building orportion thereof avhere lodging is offered to transient guests for compensation and in avhich there are more than five sleeping rooms with no cooking facilities in in davelling units. Submitted plans show that eight units have been modified to include cooking facilities meaning the building cannot operate as a `hotel' under the city's ordinance. The IUP may provide the applicant with an opportunity to deviate slightly from this requirement. Transportation/Circulation/Parking The subject property has one access point onto the cul-de-sac at the end of Zane Street. The nearest access to the highway is at the 173rd Ave and Hwy. 10 intersection. This intersection only permits right - in and right -out movements and is scheduled to be closed when MnDOT completes future work along the Hwy. 10 corridor. When this happens, traffic will be directed further south along Yale Street to the traffic signal at 1715` Ave and Hwy. 10. N:\Public Bodies\Agenda Packets\03-21-2016\0.7 sr Briggs IUP.docx