04-15-2019 Planning Commission Packet

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FILE#LA19-000019 15 April 2019 Page 4 of 5 should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty;the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property.An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination,and restoration of the site to prior or better conditions.The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds.The conditions of approval will be documented as required. Interim Use Permit Analysis Staff finds the proposed plan conforms to the standards of IUP review,the grading activity will be tied to the building permit for the new residence. Engineer Comments The City Engineer has reviewed the plans for the IUP and will subsequently review and provide direction regarding the building permit plan set.The haul route appears acceptable, however the applicant should clarify the ultimate destination for the exported materials. The hauling of material off site shall not commence until Spring load restrictions are lifted. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the approvals, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested IUP and CUP? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval of the guest house CUP with the standard covenants; and approval of the IUP for the grading activity in accordance with the City Engineer's and all other applicable jurisdictional requirements. The property owners shall agree to the filing of a covenant in the title of the property providing that the guest house accessory building shall be for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests and will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Rented or leased under any circumstances.