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<br />. <br /> <br />Conditions of approval of the Interim Use Permit, as approved by the City Council on <br />September 24, 2001: <br /> <br />1. If the use is being operated by a person other than the owner of the property, the <br />pennit shall require both the owner and the operator to furnish the city with an <br />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 pennit having <br />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 tenninate upon any expiration or revocation <br />of the interim use pennit; and <br />c. it shall be the responsibility of the owner to tenninate the operator's <br />possession of the premises upon any expiration or revocation of the interim <br />use pennit if the operator continues to utilize the premises for the conduct of <br />such interim use. <br /> <br />2. Each permittee shall be jointly and severally liable for all costs and expenses, <br />including attorneys' fees, the city may incur to enforce the conditions of the interim <br />use pennit upon any breach thereof by the pennittee, or to abate and remove the <br />interim use upon any failure by the pennittee to discontinue such use, or to evict the <br />operator of such use, upon the expiration or revocation of the interim use pennit. <br /> <br />3. The applicant/property owner agrees to complete fire, life safety, and codes <br />inspection of the building and proposed office use with the city fire and building <br />inspectors. The applicant/property owner shall provide a staged five-year code <br />improvement completion plan for approval by the Fire Marshall and the Code <br />Coordinator. The applicant shall provide a scaled property survey illustrating all <br />property lines, buildings, paving, and setback dimensions. <br /> <br />4. The building shall be used (after approval of this interim use permit) exclusively for <br />real estate and mortgage offices without expansion of the building; or the building <br />shall revert to a permitted use within the underlying R-I zoning district. The building <br />shall have a maximum capacity and use for 10 full time employees. The interim use <br />shall be for five years and be reviewed administratively each year on or around the <br />anniversary date of approval of the pennit, with a compliance report submitted to the <br />City Council and Planning Commission. <br /> <br />5. Within 90 days of penn it approval, the applicant shall construct, replace, and/or <br />repair screening fences along the east side of the property; The fence may be a <br />minimum height of 6.0 feet and a maximum of 6.5 feet in height. <br />The applicant shall maintain vegetative materials along the south property line. <br /> <br />6. The building shall not be expanded in size or intensity for the 2,700 s.f. currently <br />within the structure, with a maximum of 10 persons regularly working at the site at <br />anyone time. All pennitted office interim uses shall be restricted to space within the <br />current principal structure. <br /> <br />7. The driveway and parking areas shall remain in the rear (east yard) and shall not be <br />expanded beyond their current size of 8,000 s.f.. <br /> <br />8. The trash containers shall be stored within the accessory building on the site. Trash <br />collection shall only be pennitted during nonnal residential collection hours 7am to <br />10 pm weekdays and (9 am to 9 pm weekends) as established and amended in <br />Section 405 of the City Code. <br />