6.4 PCSR 02-23-2016 - Laserfiche WebLink

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4l E Request for Action River To Item Number Planning Commission 6.4 Agenda Section Meeting Date Prepared by Public Hearings February 23,2016 Zack Carlton,Planning Manager Item Description Reviewed by Briggs Companies request— 17432 Zane St NW Chris Leeseberg,Senior Planner Interim Use Permit for Extended Stay Hotel, Reviewed by Case No. CU 16-07 Action Requested Recommend,by motion,denial of the Interim Use Permit request for the following reason: 1. Criteria #4 is not met—The date or event that will terminate the use cannot be identified with certainty. 2. Criteria #7 is not met—Assurances that the use will cease within the requested timeframe have not been provided. If the Planning Commission makes a recommendation to approve the Interim Use Permit, conditions of approval should be included. Background/Discussion The applicant is seeking approval of an Interim Use Permit (IUP) to operate an extended stay hotel on the existing Elk River Lodge and Suites property. Zoning Due to the expiration of the original hotel Conditional Use Permit (CUP) in April 2010,the property at 17432 Zane St NW received a CUP (CU 11-07) to operate as an extended stay hotel in May 2011. The property operated as a hotel per the requirements of the 2011 CUP until an inspection by the State Fire Marshal's office on May 1,2014,determined that the operation no longer met the requirements for a hotel. The Fire Marshal's report states "At time of inspection attempt,upon contact with Marla of Briggs Company ... it was determined that the facility is no longer being occupied as an R-1 Hotel/Motel Occupancy. Per Marla,all occupants are leasing a unit or multiple units for greater than 30 days which would be an R-2 occupancy."An R-2 occupancy is an apartment building per the state building code. Additionally,the Minnesota Department of Health,who licenses and inspects hotels,noted that during a routine inspection on May 14,2014,and during a conversation with Marla Weston from the Briggs Companies, that the establishment was being rented out as an apartment building and not used as a hotel. With the termination of the hotel use on or before May 1,2014, the six month expiration time limit started. The use authorized by a CUP must be maintained without a break in use of longer than six months or the permit expires. On July 17, 2014, city staff notified the property owner of the need to maintain/re-establish the hotel use or risk losing the CUP. The hotel use was not re-established,and the CUP expired on November 1, 2014. 1111EIEI IT NATURE