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4.0 BACKGROUND 4.1 The property, located in Pla�ming District 13, has a zoning designation of Limited Business (B-1) District and a Comprehensive Plan designation of Liinited Business (LB). The proposed deli and catering uses are prohibited in the B-1 District; such uses are however allowed in the Limited Retail (B-1B) Disttict, which is also supported by the LB guidance of fl�e Co�nprehensive Plan. 4.2 In November 2007, the Community Development Department received an application (PFO�-069) to rezone the property at 1901 Lexington Avenue fi-om the existing B-1 District to B-I B in order ro allow the proposed deli and catering facility. Because Roseville's official guiding policy documents (i.e., the Comprehensive Plan and the Zoning Ordinance) see�ned to clearly indicate that such a rezoning was the appropriate mechanism for pennitting the proposed uses on the property, Planning Division staff supported the application and, pursuant to a public hearing held on December 5, 2007 the Pla�ming Commission recommended (5-2) approval of the rezoning request. 4.3 On Jauuary 14, 2008 tl�e City Council expressed its inclination to deny the rezoning and tablecl the item, encouraging the applicant to withdraw Yhe application and work with Planning Division staff to devise anod�er way of pennittin� the desired uses on the property without opening it up to other traffic-intensive uses allowed in the B-1 B District. The Council identified a zoning text amendment or Planned Unit Development (PUD) as applications that could allow the desired uses and that they could possibly support. 4.4 Planning Division staff reviewed these options with the City Attorney and determined that neither of these applications would be appropriate for the current purposes: the PUD because it is intended to be used in "unique situations" (the present situation not ineeting this criterion of uniqueness), nor the zoning text amendment because the necessary changes to the zoning ordinance to legitimately allow the restaurant use on tl�at property would require considerably more time and policy discussion than could be devoted to it in a timefi�ame that also meets the applicant's needs. An INrERIM USE PERMIT (IUP) application, therefore, seems to be the tnost appropriate way to temporarily allow the deli and catering use on the property until a comprehensive update of the Zoning Ordinance can be completed. 4.5 This process, while convenient under the circumstances, is not without risk, however. The Communiry Development Department iutends to complete a thorough update of the Zoning Ordinance to reflect the updated Comprehensive Plan, but if the Code is not updated by tlre expiration of an approved iUP — or if the updated ordinances still prohibit limited restaurant uses on the property — Mr. Schueller could be left with a restaurant building that he can't use. 5.0 INTERIM USE PERMIT APPLICATIONS 5.1 Section 1012.09 (Interim Uses) of the City Code establishes the regulations pertaining to INTERIM USE PERMITS. a. Section 1012.09A states: Tbe Citv Council inav au�horize an inlerim iise of properry. Irrteriin uses nvnt� not be consisfen� wilh the land uses designa7ed or� d�e adopted Gand U.se Plurz Tl�ev mm� also farl �a n�eet all of d�e sonrng slandards eslablished. foi• �lre districx xllhrn whfcl� it rs located. PFOOR-008 RPCA 030508 Page 2 of 4 �'1 '"�