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5.3. PCSR 01-23-2024
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5.3. PCSR 01-23-2024
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values. They also stated commercial uses should not be allowed in residential districts. Staff spoke with <br />another property owner who was looking for clarification on what was being requested. <br />Residenc3� Requirement <br />The claim that the applicant is not residing on the property has been brought to the city's attention before. <br />The applicant has confirmed with a signed document that they live on the subject property and if it were ever <br />determined they do not, approved CUP's and IUP's would be subject to revocation as it is a requirement for <br />home occupations under the City Code. <br />Interim Use - Applicable Regulations <br />Before the city council may authorize an interim use, it must make the following findings: <br />1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon <br />adjacent properties. <br />The ordinance (Section 30-801) states an approved Interim Use Permit for a residential occupation shall <br />terminate when the property is sold or when a lease has expired. Although termination does not guarantee <br />adverse effects will not affect nearby properties, the residential occupation outdoor storage ordinance <br />regulations and the approved conditions strive to prevent this outcome. <br />2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. <br />The applicant has previously installed large concrete retaining blocks, over concrete pads/footings, to provide <br />storage bins for various landscaping materials. These bins are suited for landscape operations but not <br />necessarily for future residential uses. The retaining blocks and concrete pads/footings shall be removed <br />when there is no longer a viable landscaping business on the property. <br />3. The use is similar to uses allowed in the Zoning district in which the property is located. <br />The zoning district allows residential uses, which allows for either permitted or interim residential <br />occupations. <br />4. The date or event that will terminate the use can be identified with certainty. <br />The ordinance states an approved Interim Use Permit for a residential occupation shall terminate when the <br />property is sold or when a lease has expired. <br />5. Authorising the use mill not impose additional costs on the public if it is necessary for the public to take the property in the future. <br />The existing concrete retaining blocks and pads would be the only improvements that could pose a problem <br />for a future property owner. The retaining blocks and concrete pads/footings shall be removed when there is <br />no longer a viable landscaping business on the property. <br />6. The applicant and user agree to all conditions that the city council deems appropriate for authori.Zation of the interim use. <br />This will be determined at the City Council meeting. <br />7. The applicant provides assurances deemed adequate by the city council that the use mill terminate as provided in the interim use <br />permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to <br />ensure compliance with this criteria. <br />Again, the ordinance states an approved Interim Use Permit for a residential occupation shall terminate when <br />the property is sold or when a lease has expired. <br />8. Authori.Zation of the interim use will not result in adverse effects on the public health, safety, or welfare. <br />
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