5.2 PCSR 05-27-2014 C of
Request for Action
River
To Item Number
Planning Commission 5.2
Agenda Section Meeting Date Prepared by
Planning Items May 27,2014 Zack Carlton,Planner I
Item Description Reviewed by
Request by River of Life Church for an Interim Use Jeremy Barnhart, Deputy Director, CODD
Permit for temporary structures,21695 Elk Lake Rd
Public Hearing, Case No. CU 14-11 Reviewed by
Action Requested
Recommend,by motion,approval of the Interim Use Permit request from River of Life Church to use
three temporary structures for classroom and office space for a period of 3-years,with the following
conditions:
1. All three portable structures shall be removed by June 1,2017.
2. If an extension to the June 1,2017,date is required, the applicant shall apply for an
amendment to the interim use permit.
3. The total square footage of all three portable offices shall not exceed 2,750 square
feet.
4. If the location of any of the portable structures is changed,the applicant shall apply
for an amendment to the interim use permit.
5. All three portable structures shall meet all building and fire codes.
6. Should an access drive onto 217th Avenue be created at any time, the portion of 217th
Avenue from County Road 1 to fifty feet past the access drive shall be paved to city
standards.
Background/Discussion
In 2004, the applicant applied for and received an Interim Use Permit (IUP) for one temporary office
structure. The temporary space was intended to meet the needs of their growing congregation while they
planned an addition on the south side of their existing building. In 2006, the applicant applied for an
extension of the IUP and added two additional temporary structures for classroom space on the buildings
south side.
The IUP was extended again in 2008 and 2009 with an expiration date of September 1,2013.With the
expiration of the previous permit, the applicant is applying for an IUP to allow three temporary
structures,with an expiration date of June 1, 2017. No changes to the location of the temporary
structures are proposed.
Analysis
The two portable structures on the north side of the building are screened from view by the main
building to the south and west and vegetation to the north and east. The buildings do not impact
circulation or parking.
POIEBEU 0 !
Template Updated 4/14 NATURE
The portable structure on the south side of the building is screened from view by the main building to the
north,vegetation to the east and west,but is open to the south.A large field extends south of the
building,but the view from the existing home is screened by vegetation.The building does not impact
circulation or parking.
Applicable Regulations
Interim Use Permit
In determining whether to authorize an interim use,the Planning Commission and City Council shall
consider the following criteria:
1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt
upon adjacent propenies.
2. There is adequate assurance that the property will be left in suitable condition after the use is terminated.
3. The use is similar to uses defined in the zoning district in which the property is located.
4. The date or event that will terminate the use can be identified with certainty.
5. Authoring the use will not impose additional costs on the public if it is necessary for the public to take the property in
the future.
6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim
use.
7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the
interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some
other form of security, to ensure compliance with this criteria.
If denial of such a permit should occur,it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-658.
In the review of the standards for an IUP as outlined, staff has concerns with the fourth criteria.The
applicant applied for extensions in 2006,2008, 2009,and is applying for another three year extension in
2014. If the current IUP application is granted, the temporary structures will have been in use for 11 to
13 years.
If the Planning Commission echoes these concerns,staff recommends removing condition number two
and adding a condition stating that no additional IUPs will be granted.
Financial Impact
None
Attachments
• Location Map
• Applicants narrative dated March 26, 2014
• Site Plan received March 26, 2014
N:\llepartments\Community Development\Planning\Case Files\CUP\CU 14-11 River of Life IUP\CU 14-11 River of Life IUP SR 5-27-2014.docx
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March 26,2014
CITY OF ELK RIVER:
We are requesting a three year extension on our Interim Use Permit for our two 12'X 60'portable
classrooms located on the north side of our building and our 16'x 80'portable office space located on
the south side of our property.
4Sinc rely,
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Arthur Swanson
Church Chairman
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