RES 24-38 - Laserfiche WebLink

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of acquisition but such acquisition is more likely to occur within the lifetime of the IUP. (6) The property owner or lessee agree to all conditions that the city council deems appropriate for authorization of the interim use. The applicant has stated he would agree to all recommended conditions. (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. The use will terminate with the sale of the Property, a time that is clear enough that no further assurances would be necessary. (8) Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. The use has generated noise disrupting the welfare of neighboring properties while operating without a permit, and this noise may begin again if approved. Given the number of vehicles accessing and parking at the property, and the number of employees involved, there is no way to prevent this adverse impact to the neighboring area. The operation requires frequent large deliveries, generating substantial commercial traffic in an area without the infrastructure to accommodate the traffic, nor intended to have such traffic. Because of the location of the proposed use, this commercial traffic is also mixed with residential traffic. This leads to potentially dangerous vehicle trips, and delivery vehicles stopping on and impeding the roadway. Sherburne County Public Works acknowledged concerns with delivery traffic stopping on, and blocking, the roadway to make deliveries to the site. These conditions create an adverse effect on public health and safety. Although traffic conditions or signage could be altered to attempt to reduce these dangers, given the volume and size of traffic the impact cannot be eliminated. Although neighborhood sentiment alone is not a basis for the Council's decision, the neighbor's statements provide compelling further evidence for the Council's finding that this proposed use will generate excessive traffic and noise —because it already has done so. (9) The proposed interim use is consistent with the City of Elk River comprehensive plan and conforms to the city's zoning regulations. The level of impact and intensity of this use is not consistent with the City's comprehensive plan. The Property is zoned R-1a, rural residential single- family. Under the comprehensive plan, it is guided for "Traditional Single - Family Residential." It is also within the proposed Urban Service Extension Area for development in the near future, and it is along the Twin Lakes Road Corridor, which is further targeted for capacity improvements to support residential subdivision development. A commercial use generating this volume of commercial traffic, as well as noise and the intensity of the business storage, parking, and trash generation, is not compatible with the 10VIREI I NATURE