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Interim Use - Applicable Regulations <br /> <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 adjacent properties. <br />The ordinance (Section 30-801) states an approved IUP for a residential occupation shall terminate when the property is sold <br />or when a lease has expired. Although termination does not guarantee adverse effects will not affect nearby properties, the <br />recommended 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 proposed residential occupation will occur in an existing detached accessory structure and if the Interim Use Permit is <br />terminated, the site will be left in a suitable condition. <br />3. The use is similar to uses allowed in the zoning district in which the property is located. <br />Residential occupations are allowed with an IUP in the R1-a zoning district. <br />4. The date or event that will terminate the use can be identified with certainty. <br />The ordinance states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease <br />has expired, so the termination of the use can be identified with certainty. <br />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. <br />If the public were to take over the property, no additional costs will be imposed on the public, as the proposed residential <br />occupation will occur in an existing detached accessory and the site will be left in a suitable condition. <br />6. The applicant and user agree to all conditions that the city council deems appropriate for authorization 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 will terminate as provided in the interim use permit. The city <br />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 <br />criteria. <br />Again, the ordinance states an approved IUP for a residential occupation shall terminate when the property is sold or when a <br />lease has expired. A cash deposit does not appear to be necessary to comply with the criteria. <br />8. Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. <br />The proposed use will take place entirely within the detached accessory structure, containing both possible unsightly products <br />and noise. No customers will be present on-site, thereby minimizing any potential traffic concerns. <br /> <br />Staff recommend the condition that all openings to the accessory structure be closed when the business is in operation. <br />9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning regulations. <br />The use is consistent with the Comprehensive Plan which guides the property as Rural Residential and single family uses, with <br />residential occupations, are allowed in the zoning district. <br />Planning Commission Item 4.2July 22, 2025 Meeting <br />Page 39 of 97