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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 86 5. Referral to City Council. The Planning Commission shall make written findings of fact and recommendation to the City Council which shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance and the Comprehensive Plan. 6. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such meeting to be not more than the number of days allowed by law af ter the date of receipt of a completed application unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council may take action without further communication from the Planning Commission. The City Council shall, in the form of a resolution, make a written finding of fact, and convey its decision to approve or deny the application. The Council may impose conditions on the grant of a variance, provided that any condition imposed is directly related to a likely impact of the variance, and in rough proportionality to the scope of said impact. Approvals shall require a majority vote of the City Council. 7. Issuance of Variance. Following a decision by the City Council to approve or deny the application, the Zoning Administrator shall promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. 8. Lapse of Variance. Any Variance issued shall lapse if not acted upon within one (1) year of the date of issuance. 5. Conditional and Interim Use Permits. 1. Purpose and Intent. The City Council may, by resolution, grant Conditional or Interim Use Permits for the uses and purposes described elsewhere in this Ordinance as Conditional or Interim Uses and may, in the granting of such Conditional or Interim Use Permits, impose conditions and safeguards which promote the guidelines set forth in the Comprehensive Municipal Plan and which are in harmony with the general purpose and intent of this Ordinance. 2. Application. An application for a Conditional or Interim Use permit shall be made on a form provided by the City. If the Conditional or Interim Use Permit is to be considered in association with any other building permits, variances, or subdivision, all related applications shall be submitted simultaneously with the Conditional or Interim Use Permit application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City’s fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by suc h maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested hav e been received by the Zoning Administrator. As required under Minn. Stat. § 15.99 by law, the City shall act on the application within the 60-day period prescribed unless said required period is extended or waived. 1. When reviewing Conditional and Interim Use Permit applications, except those for residential building height, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Municipal Plan; and 8. Anticipated Duration of the Conditional or Interim Use. 2. Residential Building Heights. When reviewing Conditional Use Permit applications which deal exclusively with residential building heights, the matter shall be forwarded to the Gem Lake Plan