5.6. SR 10-11-1999 - Laserfiche WebLink

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Memo to City Council/Morrell Parking Lot October 11, 1999 Page 2 . 4. Determine that the lot is an interim use. Minnesota Statutes 462.3597 allows the City to identify interim uses. Interim uses may be permitted if the following are met: a. the use conforms to the zoning regulations; b. the date or event that will terminate the use can be identified with certainty; c. permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. the user agrees to any conditions that the governing body deems appropriate for permission of the use. Interim use permits require public hearings similar to conditional use permits. . The City does not have interim use standards in its Zoning Code; therefore an ordinance amendment would be necessary. To allow the use to exist for the 1999-2000 school year, Mr. Morrell could be asked to process a General Planning permit while the City is amending the ordinance to allow interim uses. An interim use may be difficult to enforce (refer to the house on Main Street), especially if it is tied to the sale or redevelopment of the property. If Mr. Morrell is renting space to 40 students at $100 per year, the $4,000 may be adequate to pay the property taxes on the parcel and there may be little or no incentive to sell the property in the near future. Recommendation Staff recommends that the City Council consider issuing a General Planning Permit for the parking lot for the 1999-2000 school year with the following conditions: 1. The parking lot meet the 10 foot setback from the property lines. 2. The entrance from School Street be closed and vehicular access to the property be limited to Jackson Avenue. 3. The surface of the lot be Class IV. 4. Landscaping be installed along Jackson Avenue and School Street. 5. A neighborhood meeting be held with adjacent property owners. Staff has received at least one call from a resident from the adjacent apartment building concerned with dust from the parking lot. 6. The applicant process an interim use permit for future years after the City amends the ordinance for interim uses. The City Council may also want to consider requiring fencing along School Street to direct pedestrian traffic toward the School Street/Jackson Avenue intersection. . Staff also recommends that the City Council direct staff to process an ordinance amendment to allow interim uses.