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<br />WHEREAS, Section 1012.09B states: the City Council may attach conditions to <br />interim use permits. In reviewing interim use permit applications, the City will establish <br />a specific date or event that will terminate the use on the property. The Council will also <br />determine that the approval of the interim use would not result in adverse effects on the <br />public health, safety and general welfare, and that it will not impose additional costs on <br />the public if it is necessary for the public to take the property in the future; and <br /> <br />WHEREAS, the Kathleen Agness Real Estate and Mortgage Office is currently <br />operating an office which includes Schorn Realty and Riverside Mortgage, at 2256 <br />Lexington Avenue in a residential building formerly known as the Rymer Music <br />Academy and formerly for a single family home within an "R-l" Single Family zoning <br />district, and <br /> <br />WHEREAS, Kathleen Agness has requested approval of an Interim Use Permit to <br />utilize the building as a small business office building for real estate and mortgage work, <br />and <br /> <br />WHEREAS, exterior impacts such as parking, traffic, and noise, as well as the <br />spatial needs for music classrooms, are similar to those needed for small business offices, <br />and do not require interior or exterior expansion of the building used as a music academy <br />from 1960 through 2000, and <br /> <br />WHEREAS, existing traffic and noise from Highway 36, its ramps and bridges, <br />and traffic movement from Lexington A venue impact the current livability of the two <br />story residential structure, but a purpose of the Interim Use Permit is preserve the <br />character of the original residential architecture and site improvements and the <br />compatibility with the existing neighborhood, and <br /> <br />WHEREAS, the Roseville Planning Commission held the required public hearing <br />on September 12, 2001 to consider the Kathleen Agness Real Estate and Mortgage Office <br />request and recommended (_ to _) approval of the interim use permit, subject to the <br />following conditions: <br /> <br />1. If the use is being operated by a person other than the owner of the property, <br />the permit shall require both the owner and the operator to furnish the city <br />with an agreement (or a copy of a lease containing such agreement) that: <br />a. the operator's right to possession of the premises for the purpose of <br />conducting the interim use is dependent upon the interim use permit <br />having been granted and maintained in full force and effect; and <br />b. the operator's right to possession of the premises for the purpose of <br />conducting the interim use will terminate upon any expiration or <br />revocation of the interim use permit; and <br />c. it shall be the responsibility of the owner to terminate the operator's <br />possession of the premises upon any expiration or revocation of the <br /> <br />2 <br />