4.1. PCSR 12-20-2022 - Laserfiche WebLink

Home Browse Search

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. The city is not aware of any concerns or issues that have occurred since the original IUP was granted and most of the same tenants continue to reside there. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. With the condition of the structure being returned to a single-family home prior to sale or when the IUP terminates, the use will be left in a condition suitable for a single-family home. 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. The proposed IUP, while multiple family, is a residential use. 4. The date or event that will terminate the use can be identified with certainty. The applicant is requesting the IUP terminate at 3 years, 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. With the condition of converting it to a single-family structure, 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. The use should not impose additional costs with the recommended deposit. 6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. Staff is recommending the same conditions the council approved in 2020. 7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. Again, the applicant indicates the IUP will terminate after 3 years or until he no longer owns the property, whichever occurs first. With possible extensions or new owners, there is no certainty the use will be terminated. If the city requires the conversion to a single-family structure and secures an appropriate deposit to ensure compliance with the conditions the use can be terminated as provided in the interim use permit. 8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. Since the approval of the original IUP, there has not been any record of adverse effects with the property.