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