RES 16-20M1111 W171.1
A RESOLUTION APPROVING THE REQUEST FOR A THREE YEAR
INTERIM USE PERMIT ALLOWING OPERATION OF AN EXTENDED
C
#TAY HOTEL ON THE PROPERTY LOCATED AT 17432 ZANE STREET
NIW
WHEREAS, Pat Briggs, 1111, River Lodge and Residential Suites, ('Applicant"), has applied
("Application") for an Interim Use Permit (Case No, CI J 16-07) to operate an extended stay
hotel On the property located at 17432 Zane Street NW ("Property="); and
HERE S, the record in this matter shall include all of the ina terials submitted to the
Planning Commission and City Council in connection with the
M Januar), 26, 2016, Interim Use Permit Application;
including the staff reports, and all attache nencs thereto, all other written materials subinittcd
to the Planning Commission and City, Council, and all staff presentations and other
testimony taken at the public meetings considering the Interim Lase Permit, all of which is
incorporated in and made a part of the findinlZs of fact and this resolution; ,Ind
WHEREAS, the Planning on-unis
,sion held a public hearing on I"ebruary 23, 2016, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Application; and
WHEREAS, the Planning (], orritniss ion recommended approval of a five year Interim Use
Permit; and
WHEREAS, the City Council held public hearing on Match 21, 2016, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding
whether the Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given opportunities to
present testimony to the Planning Commission and City, Council; and
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WHEREAS, the City Council, at the conclusion of its March 21, 2016, public hearing on
the Application, made findings regarding the Application.
NOW, THEREFORE, the City Council of the City of l,"Ik River makes the following
findings of fact and decision with respect to the Application of Pit Briggs for an Interim Use
Permit to operate an extended stay hotel at 17432 Zane St NW.
1. The parcel at 17432 Zane Street NW was issued a Conditional Use Permit to operate
as a hotel on May 18, 2011.
2. The hotel operation continued as a legal conforming use until a regular inspection
from the State Fire Marshal's office on May 1, 2014, noted the building was no
longer being operated as a hotel as authorized by the Conditional Use Permit, but as
an apartment building,
3. On July 17, 2014, city staff sent a letter to the property owner which 'informed them
the city was aware of the cessation of the hotel use and noted the need to re-establish
the use or the Conditional Use Permit would expire,
4. On November 1, 2014, in accordance with ElkRiver City Ordinance section 30-656,
the Conditional Use Permit authorizing a hotel use at 17432 Zane Street NW expired
as the authorized use had ceased for six months.
5. Luring an inspection by the City's Fire and Building)- Safety department in the spring
of 2015, staff identified a number of units within the building that had been modified
to include cooking facilities, (stoves). The city had riot been aware of these changes
during the previous Conditional Use Permit process.
6. On August 10, 2015, Elk River staff sent the property owner a cease and desist letter
stating the need to cease the illegal apartment operation.
During the fall and winter of 2015 the Applicant submitted land use application
packages on August 31, 2015, September 28, 2015, October 26, 2015, and December
1, 2015. All four submittals were returned as incomplete or withdrawn by the
applicant.
S. On. anuaiy 26, 2016, the Applicant subn-dtted the Application for an Interfin Use
Permit, Case No. C A] 16-07, to operate an extended stay hotel. The application was
deemed complete and scheduled for review by the Planning Commission and City
Council.
9. Interili-I Use Permits are reviewed in accordance with the following criteria, as
identified in section 30-658 of the Elk River City Code.
(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) I'here is adequatcassurance that the property will be left in suitable
condition after the use is terminated.
(3) The use is similar to uses allowed III 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) Awhorizing the use %�;Ill not 1,1111N)SC OddItIM111 COSIS on the J)LIbIIC if it is
for 111L, J-)aIhlic 1() tsrl e [he properr), In IlIc flitt'll.e.
(6) The applicant and user agree to all corto:116)ns that the city COUIICII LICCIIIS
appropriate COI- aUthorization0f tile iTIICJ-i1TI VISC.
(7) The applicant prof idc.s assurances deenied adequaic by tile, city cotincil
th,'It tile Use Will ICI-11-IiIIRtC as I)I:()VILICLI to thea Interim Lisa. pernut, The cit:Nt
council n -ray reqwre the applicant to deposit a cash amoum with the cit"�
or provide. some other forli'l of security, to ensure CornpliancC With these
criteria.
(8) authorization of the interim arse will not restill in advc.rsc effect,; on the
J)UWIC licalth, safety, or Xvclfijre.
(9) The proposed interim rase is consistent -,�Tjtjj the, City of E'lli River
Clomprehensive Plan and confo.)rrns to the city's zoning regtllatioils.
10. 1"he Planning ("ormynission reviewed the Application on February 23, 2016,
a. The Commission voted 3-1-1(C o ninissioner Thiel opposed. Corm-nissioner
_Johnson abstained) to approve a five year Interim Use Perimit.
11. On Match 21, 2016, the. City Council reviewed the Application.
12. The City Council disagreed with the planning Commission's recorninendation of five
years and determined that, subject to appropriate conditions, the Application meets
the requirements for approval of an Interilli Use Pertrilt and that approval is in the
public interest.
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Therefore, the City Council of the City of FIlk River approves the Application for an Interim
Use Permit application tea operate an extended stay hotel at 17432 Zane St NW, based or]
the findiligs of fact set forth above, and subject to the following conditions:
J , he applicant shall cooperate with, and not object to, a city initiated rezoning of the
property fron-) G-3 Highway Conimercial to R-4 Multiple Family Residential (or
similar) which will bring the zoning of the property into consistency with the land
use designation of thea property as identified in the City of F.Ik River Comprehensive
Plan.
2. The Applicant shall, by May 4, 2016, apply to the city f(-.)ri rental license for the
Property and shall promptly complete all necessary repairs and other requirements
for issuance of a rental license. This lUP shall expire, by, its terms, if a rental license
is not in place for the Property on July 5, 2016. The rental license shall be rnaintained
continually during the duration of the 1UP.
3. he Applicant shall, byApril 4, 2017, subiTuit a complete application for all approvals
required to convert the Property to a Multi-Fan-ifly use allowed in the R-4 (or sirnilar)
zoning district. This ]UP shall expire, by its terms, if such a complete application is
not received by April 4, 2017.
4. The Applicant shall, by April 4, 2019, complete all improvements necessary to use
the property for a use allowed 1.11 the zoning district and shall have been issued a
certificate of occupancy for a use allowed in the R-4 (or similar) district by April 4.
2019.
5. This Interim Use Permit is good for three years and, if it is still in effect on April 4,
2019, shall expire on that date without any further action of the city,
6. The front desk shall be staffed Monday through Friday frorn gam to 4pm.
7. Outside storage is not permitted.
(S. The Interim Use Permit is not a building permit and the applicant must apply for
and receive approval of required building and sign permits before any construction
may begin,
9. The Property shall meet all current fire, building, and international property
maintenance codes,
10. The Property must be licensed by all appropriate state and local agencies for the
duration of the Interim Use Permit.
11. This Interim Use Permit shall also expire, without any further action by the city, if
the use authorized here Hil ceases for more than six months.
Passed and adopted this 4"' day of April 2016.
Pjj-6iCt7,.Mayot
Tina AlIard, City Clerk