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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 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 of the Interim Use Permit 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 ofa 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 ofthe owner to terminate the operator's possession ofthe 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. Each permittee shall be jointly and severally liable for all costs and expenses, including attorneys' fees, the city may incur to enforce the conditions of the interim use permit upon any breach thereof by the permittee, or to abate and remove the interim use upon any failure by the permittee to discontinue such use, or to evict the operator of such use, upon the expiration or revocation of the interim use permit. 3. The applicant/property owner agrees to complete fire, life safety, and codes inspection of the building and proposed office use with the city fire and building inspectors. The applicant/property owner shall provide a staged five- year code improvement completion plan for approval by the Fire Marshall and the Code Coordinator. The applicant shall provide a scaled property survey illustrating all property lines, buildings, paving, and setback dimensions. 3