6.7. SR 03-15-2010cti®n a nested
Staff recommends approval of the Ordinance as drafted.
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In the review of the City's ordinance, staff noted that the pxovisions related to the Interim Uses are not
consistent with State law, The ordinance as drafted is intended to co.~rect this inconsistency.
tannin ®n~n~ission iscussi®n
Planning Cornmissione~s questioned if this would impact any existing use. Staff is not aware of any,
~blic ~nlrr~ent
No one spoke in opposition or suppoxt of the ordinance
ttachnlents
® Staff repot to Planning Commission dated Mach 9, 20I0
Ordinance
C.~Dacuments and Settin~s~jmiller~Local Settings~'I'emporary Internet Files~OLK3E~oA 1Q-Q2 SR to CC 3-15-10 ~2}.dcac
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Staff recommends approval of the ordinance as drafted.
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During a review o~~pordons of the City Code, it came to th.e atten~on of the City Attorney that the
City's Interim. Use ~rdlnance needs to be amended to come into conformance with State Law.
Specifically, the current Interim Use ordinance purports to allow the approval of interim uses that
are not consistent with the City's Comprehensive Plan and/ ar that fail to comply with applicable
,z-oning-~standards. however, the City is not autho~.~ed to approve such interim uses, as State law
requires that Interim Uses conform to the City's honing regulations.
Therefore, the City Attorney has drafted an amended Interim Use ordinance which conforms to
applicable State Lour, and specifies the findings that must be made before an Interim. Use permit can
be approved.
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® Draft ordinance
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I I L I I 'I p
I I , L I , I I
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The City Council of the City of Eik River does hereby ordain as follows:
Section ~. That Section 30-G5$ of the Ells River City Code shall be amended to read as
follows:
dec. 3apG~$. I~~eritn uses.
a} .Definitions. The definitions in section 30-~ are applicable i~a this section.
b} Authori~atian. The City Council may authorize interim uses of property by issuance
of interim use permits,
c} ~eguired findings. Before the City Council may authorize an interim use, it must
make the following findings:
~., The period of time fox 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 left in suitable
condition after the use is terminated.
3, The use is similar to uses allowed 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, Authorizing the use will not impose additional costs on the public ii' it is
necessary fox the public to take the property in the future.
G. 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 requite the applicant to deposit a cash amount with the City,
or provide some other form of security, to ensure compliance with this
criteria.
l
$, Authorization of the interim use w~. not result in adverse effects on the
public health, safety, ox urelfare.
9. The proposed interim use is consistent with the City of Elk River
Comprehensive Plan and conforms to the City's zoning regulations.
d} ..Ap~licatian for~ermit. Applications for interim use permits shall be processed in the
same manner as fox conditional use permits, as established in this subdivision III.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Ells River on this 15th date of
March 2010.
CITY ~F E~ ~I~ER
By~
Its:
By'
Its;
Stephanie Klinzing
Mayor
Tina Allard
City Clerk
G1~.~~~7~3a ~~