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WHEREAS, Section 1012.09B states: the City Council may attach conditions to interim use permits. In reviewing interim use pennit applications, the City will establish a specific date or event that will tenninate the use on the property. The Council will also detennine 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 Kathleen Agness is currently operating an office which includes Schorn Realty and Riverside Mortgage, at 2256 Lexington Avenue in a residential building fonnerly known as the Rymer Music Academy and formerly for a single family home within an "R-l" Single Family zoning district, and WHEREAS, Kathleen Agness has requested approval of an Interim Use Permit to utilize the building as a small business office building for real estate and mortgage work, and WHEREAS, exterior impacts such as parking, traffic, and noise, as well as the spatial needs for music classrooms, are similar to those needed for small business offices, and do not require interior or exterior expansion of the building used as a music academy from 1960 through 2000, and WHEREAS, existing traffic and noise from Highway 36, its ramps and bridges, and traffic movement from Lexington Avenue impact the current livability of the two story residential structure, but a purpose ofthe Interim Use Pennit is preserve the character of the original residential architecture and site improvements and the compatibility with the existing neighborhood, and WHEREAS, the Roseville Planning Commission held the required public hearing on September 12,2001 to consider the Kathleen Agness 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 ofthe 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