8.2. SR 04-04-2016 - Laserfiche WebLink

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FINDINGS OF FACT 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 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. 4. 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. 5. 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. 6. 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. 7. 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 All four submittals were returned as incomplete or withdrawn by the applicant. 8. On January 26, 2016, the Applicant submitted the Application for an Interim Use Permit, Case No. CU 16-07, to operate an extended stay hotel. The application was deemed complete and scheduled for review by the Planning Commission and City Council. 9. Interim Use Permits are reviewed in accordance with the following criteria, as identified in section 30-658 of the Elk River City Code. (1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. (2) There is adequate assurance that the property will be left in suitable condition after the use is terminated. (3) The use is similar to uses allowed in the zoning district in which the property is located. (4) The date or event that will terminate the use can be identified with certainty.