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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 90 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 ning Commission who shall, in a timely manner, review all such applications in accordance with criteria established and, from time to time, modified, by the Plan Review Commission. Upon completion of the review, the Plan Review Commission shall forward the application along with its written recommendation to the City Council for consideration and approval or denial at its next regular meeting. No review by the Planning Commission as required in Section 17.5.3 or Public Hearing as required in Section 17.5.4 shall be required for this Conditional Use unless specifically ordered by the City Council. In all such matters, the City Council shall be considered the Board of Appeals. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insureensure preservation or of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed Conditional or Interim Use on: the Comprehensive Municipal Plan; the character and development of the neighborhood and Zoning District; conformance with the Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the Conditional or Interim Use. 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be published in the City’s official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application. A similar notice shall be mailed to all owners of real property located within three hundred fifty (350'0") f eet of the Conditional or Interim Use site based upon a list and mailing labels secured from Ramsey County Property Records and Revenue. 5. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the Comprehensive Municipal Plan and recommendation to approve or deny the application 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. 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. In considering the application, the City Council shall determine that the propo sed Conditional or Interim Use: 1. Will not be detrimental to public health, safety, and general welfare; 2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; and 3. Is in compliance with this Ordinance. The City Council shall, in the form of a resolution, make a written finding of fact, convey its decision to approve or deny the application, and impose such conditions on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority vote of the City Council. 7. Issuance of Conditional or Interim Use Permit. 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. In the case of approvals, a Conditional or Interim Use Permit shall ap ply only to the use stated on the permit and the application. 8. Lapse of Conditional or Interim Use Permit. If the use stated on the permit and application is not taken up and implemented within one (1) year of the date of issuance, such issued Conditional or Interim Use Permit shall lapse.