7.1. SR 06-02-2014 City of
Elk=' Request for Action
River
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearinj 2, 2014 Zack Carlton, Planner I
Item Description Reviewed by
River of Life Church: Interim Use Permit for Jeremy Barnhart,Deputy Director, CODD
Temporary Classroom and Office Space Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion,the Interim Use Permit (IUP) request from River of Life Church for three
temporary structures with the following conditions:
1. The Interim Use Permit shall expire on June 1, 2017.
2. The temporary structure on the south side of the building (office) shall not be
granted future Interim Use Permits, and must be removed by June 1, 2017.
3. If an extension to the June 1, 2017, deadline for the two temporary structures on the
north side of the building (classrooms) is necessary, the applicant shall apply for an
amendment to the Interim Use Permit.
4. The total square footage of all three portable offices shall not exceed 2,750 square
feet.
5. If the location of any of the portable structures is changed, the applicant shall apply
for an amendment to the Interim Use Permit.
6. All three portable structures shall meet all building and fire codes.
7. Should an access drive onto 217th Avenue be created at any time, the portion of 217th
Avenue from County Road 1 to 50 feet past the access drive shall be paved to city
standards.
Background/Discussion
Case No. CU 14-11
The applicant is requesting an IUP for three temporary structures that were installed in 2004 and 2006.
They will be used as classroom and office space while they plan their future expansion. The applicant also
received extensions in 2008 and 2009 with an expiration date of September 1, 2013. Since the previous
IUP expired in 2013, the applicant applied for a new permit instead of an extension to the previous one.
No new structures are proposed.
Planning Commission
Staff discussed the possibility of adding a condition to remove the possibility for an extension to the IUP.
The Planning Commission asked for clarification on the total square footage of the three temporary
structures to ensure they would not exceed 2,750 square feet in total. The Planning Commission
recommended approval 5-0 with modifications to the conditions as described below.
P a w E R E U 6 Y
Template Updated 4/14 INIM UREI
Public Hearing
A representative from River of Life Church spoke during the public hearing and stated that he would
agree with the Planning Commission if they eliminated the possibility for an extension to the temporary
office structure on the south side of the church. However, the applicant would like the opportunity to
apply for an extension to the two classroom buildings on the north side of the building.
The Planning Commission agreed with the applicant and recommended approval with modifications to
the conditions to eliminate the possibility for an extension of the IUP for the office building,but
maintaining the option for an extension of the IUP for the classroom buildings. The IUP will expire on
June 1, 2017.
Financial Impact
None
Attachments
■ Planning Commission Packet dated May 27, 2014
N:\Public Bodies\Agenda Packets\06-02-2014\Final\x7.1 SR River of Life IUP.docx
C of
C 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.
�I
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.
P 0 1 E 8 E 0 0 r
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 properties
2. There is adequate assurance that the property will be if in suitable condition after the use is terminated
3. The use is similar to uses defined in the -oning district in which the property is located
4. The date or event that will terminate the use can be identified with certainty.
5. Authoriti ng 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 authoritiation 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, orpmvide 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
K\Departments\Community Development\Planning\Case Files\CUP\CU 1411 River of Life IUP\CU 14-11 River of lafe IUP SR 5-27-2014.docx
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IYER of LIFE
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.
T y,
Arthur Swanson
Church Chairman
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