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7C Motion to Approve Ordinance 2008-003
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7C Motion to Approve Ordinance 2008-003
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4-14-08 Council Regular
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4-14-08 Council Regular
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Back�round <br />Tl�e Davidson Campanies has submi�ted ar� application to add the Inter�m Use Permit process to <br />the City's Zoning Code and to add instztutional housing as an in#eritn �se within the B-2 District. <br />The Davidson Companies has entered into a purchase ageement for the property located at ] 20l <br />County Road E{the former Holiday Inn}. The app�icant is proposing to maintain vwnership of <br />the property while leasing it to Northwestern College to use as institutional housing, more <br />commonly calleci studezat dozmitories, for a period not to exceed three years. This arrarigement <br />requires an Interim Use Permit, which is similar in nature to a Conditional Use Permit; however, <br />an Interim Use Permit inc�udes an expiration date for when the interim use must end. State <br />Statute does not provide for the placement of expiration dates on conditiona� uses, therefore, an <br />Interi:rra Use Permit is required to grant such a request. <br />As part of this reques#, Davidson Companies has also submitted an application requesting an <br />Interim Use Permit to operate institt�tional housing in the B-2 District (See: PC# 08-014). That <br />application is contingent upon appraval by the City CounciI of the addition oi the Interim Use <br />Permit process in the Zoning Code and institutiona3 housing as an interim use in the B-2 District. <br />Interim Use Permit Process <br />The interim use permit process is very similar �o a canditional use permit proeess. An interzm <br />use is permitted with specia� review from the City based on specific criteria and conditions can <br />be placed on the interim use. A unique feahtre of the interim use permit is that an expiration date <br />can be set t�at will end the permit on a set date. As noted above, State Statute do not provide for <br />a City to impose tirne lirnits or� conc�itionaI use permits. <br />Minn. Stat. § 4b2.3597, grants cities the author�ty to include inter�m use permits in t�e zoning <br />code and place conditions and termina�ion dates an them. In order to issue a� interim use permit, <br />a city's zoning code mttst authorize the use and provide for an evaluation process. The city has a <br />right to hold a�nancial surety to ensure that the use will be tertninated by the set date and to use <br />that surety to terminate the use if the propezty owner has not done so. In addition, the proposed <br />code has a regulation that a property can only be issued an interim use permit for a particular use <br />once, and the maxirnum tirr�e limii for an tnterim use is three years; therefare, it wo�ld not be <br />possib�e for a use to renew the permit beyond three years. <br />The in�erim use permit process is an additional tooI a city can utilize to achieve stated goais and <br />implement ihe Comprehensive Plan. Once the process is in place, a city can determine what uses <br />would be appropriate in�terinr� uses and in which districts. <br />Staff has proposed additions to the zoning code that wo�ld authorize interim use permits. In <br />addition, SEaff is praposing criteria, against whieh interim use permit applica�ts would be <br />Ciry of.4�•den Hills <br />Ciry Council Meeting, for 14pril 14, 2008 <br />IlMetro-inel.uslar�fenlrillslPlanrriirglF'larv7ing CasesV10081(18-0(19 Zoning Code Addilion - Inlerum Use Pennit (PC Approved}Y091408 - CC <br />Repor! - lUN Zonrng Aine�rdrner�t.doc <br />Page 2 oF S <br />
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