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4. All public utilities and other infrastructure improvements required in order for the office interim use to be conducted in a safe, sanitary, and lawful manner are either available at the site or shall be installed by the applicant, prior to occupancy, in a manner approved by the city engineer and building/fire staff; 5. The use will provide either or both ofthe following benefits: a. A benefit to the property as the installation of improvements and occupancy will facilitate continued use of the site, and/or b. A benefit to the public, such as the creation of jobs, revenues, and the provision of needed school services, and WHEREAS, Section 1012.09B states: the City Council may attach conditions to interim use permits. In reviewing interim use permit applications, the City will establish a specific date or event that will terminate the use on the property. The Council will also determine that the approval of the interim use would not result in adverse effects on the public health, safety and general welfare, and that it will not impose additional costs on the public if it is necessary for the public to take the property in the future; and WHEREAS, the Family Academy Charter School is currently operating an office within the Advent Lutheran Church at 3000 Hamline Avenue within an "R-l" Single Family zoning district, and WHEREAS, Family Academy Charter School has requested approval of an Interim Use Permit to utilize a modular building as a small business office building for clerical and school administration purposes, and WHEREAS, impacts on parking, traffic, and noise, appear to have no additional impact on the site or the adjacent properties, and WHEREAS, the Roseville Planning Commission held the required public hearing on September 12,2001 to consider the Family Academy Charter School request and recommended ( 6 to 0) approval of the interim use permit, subject to the following conditions: 1. If the use is being operated by a person other than the owner of the property, the permit shall require both the owner and the operator to furnish the city with an agreement (or a copy of a lease containing such agreement) that: a. the operator's right to possession of the premises for the purpose of conducting the interim use is dependent upon the interim use permit having been granted and maintained in full force and effect; and b. the operator's right to possession of the premises for the purpose of conducting the interim use will terminate upon any expiration or revocation of the interim use permit; and c. it shall be the responsibility of the owner to terminate the operator's possession of the premises upon any expiration or revocation of the interim use permit if the operator continues to utilize the premises for the conduct of such interim use. 2