5.1. PCSR 02-25-2020 - Laserfiche WebLink

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not received any building permits to convert the home to a multi-family building, nor does the city have any documentation indicating the property previously received approval to operate as a multi-family use. The purpose of the Comprehensive Plan is to establish a framework and expectations as to the future use of land. The subject property is .55-acres and would have 5.45 units/acre (three units), which is above the plan guidance of 3 to 4 units/acre. The subject parcel is also located within an older established single-family residential neighborhood where a multi-family building would be out of place. Applicable Regulations Before the city council may authorize an interim use, it must make the following findings: 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. The proposal is in a fully developed neighborhood of single-family homes. Although the city is not aware of any adverse impacts so far, impacts can occur at any time regardless of the desired or approved timeframe. Increased density may create adverse impacts or establish a precedence for similar uses in the future. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. The use will not be left in a condition suitable for a single-family home. The applicant purchased the property in its current state believing it could function as a multi-family home. If approved, when the IUP terminates the city would be back to having the property in its current condition unless the city requires the conversion to a single-family structure and secures an appropriate deposit to ensure compliance with the conditions. 3. The use is similar to uses allowed in the zoning district in which the property is located. Single-family residential uses are allowed in the single-family zoning district. There are no similar uses (multi-family) in the neighborhood. 4. The date or event that will terminate the use can be identified with certainty. The applicant is requesting the IUP terminate at 60 months, or until he no longer owns the property, whichever occurs first. This does not preclude the applicant from asking for an extension in the future or another owner requesting a new IUP. In this situation, the IUP approach is deflecting the non-conforming use onto someone else in the future. There is no certainty the use will terminate. If the city requires the conversion to a single-family structure and secures an appropriate deposit to ensure compliance with the conditions, the termination of use may be identified with certainty. 5. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Additional costs could be incurred returning the structure back to a condition where it would not be mistaken as a multi-family structure. 6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. There currently are no proposed conditions with staff’s recommendation of denial. If approved, staff has drafted four conditions for consideration.