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<br /> <br />At their January 17, 2023, meeting, the council questioned how many years the IUP will be reapproved. With <br />this application, it would be the third round of a three-year approval, a second extension. The minutes from <br />the previous extension request for the Planning Commission and City Council are attached. If the <br />commission is concerned with the length of the request, they can recommend a shorter duration of the IUP. <br />Staff have included a recommendation for this application to be the last one granted for this use on this <br />property. <br /> <br />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 <br />are felt upon adjacent properties. <br />The proposal is in a fully developed neighborhood of single-family homes. The city is not aware of any <br />concerns or issues that have occurred since the original IUP was granted and through the first extension. <br />2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. <br />With the condition of the structure being returned to a single-family home prior to sale or when the IUP <br />terminates, the use will be left in a condition suitable for a single-family home. <br />3. The use is similar to uses allowed in the zoning district in which the property is located. <br />Single-family residential uses are allowed in the single-family zoning district. The proposed IUP, while multiple <br />family, is a residential use. <br />4. The date or event that will terminate the use can be identified with certainty. <br />The applicant is requesting the IUP terminate at 3 years, or until he no longer owns the property, whichever <br />occurs first. This does not preclude the applicant from asking for an extension in the future or another owner <br />requesting a new IUP. In this situation, the IUP approach is deflecting the non-conforming use onto someone <br />else in the future. With the condition of converting it to a single-family structure, the termination of use may <br />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 <br />property in the future. <br />The use should not impose additional costs with the recommended deposit. <br />6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the <br />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 <br />in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or <br />provide some other form of security, to ensure compliance with this criteria. <br />Again, the applicant indicates the IUP will terminate after 3 years or until he no longer owns the property, <br />whichever occurs first. With possible extensions or new owners, there is no certainty the use will be <br />terminated. If the city requires the conversion to a single-family structure and secures an appropriate deposit <br />to ensure compliance with the conditions the use can be terminated as provided in the interim use permit. <br />Page 26 of 110