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LA19-000042 <br /> June 17,2019 <br /> Page 2 of 3 <br /> 2) The use is allowed as an interim use in the applicable zoning district;grading and <br /> export of materials are permitted within the LR-1C zoning district;this statement is <br /> true. <br /> 3) The use will not delay anticipated development or redevelopment of the site;the <br /> proposed grading activity will be conducted in conjunction with the development of <br /> the new single family home on the property.This statement is true. <br /> 4) The use will not be in conflict with any provisions of the city code on an ongoing <br /> basis;the proposed grading activity will not be in conflict with the Code. <br /> 5) The use will not adversely affect the adjacent property,the surrounding <br /> neighborhood, or other uses on the property where the use will be located;The <br /> result of the proposed grading will not change the intended residential use of the <br /> Property so there should be no change in the use and enjoyment of adjacent <br /> properties resulting from the export of fill materials. The grading work on the <br /> Property as well as the forthcoming construction of the proposed home could result <br /> in additional noise,dust,vibration and traffic on the haul routes and immediate <br /> neighbors. To the degree possible, negative impacts should be limited and <br /> mitigated. <br /> 6) The use will not impose additional unreasonable costs on the public;the builder and <br /> owner will be responsible for keeping debris off of the roadways.The noise <br /> resulting from the trucks hauling and equipment moving the material in and around <br /> the site should be minimized to the extent possible. <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 <br /> construction of the proposed home on the property.An as-built survey shall be <br /> submitted to confirm conformance with the approved grading plan at the closing of <br /> 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 <br /> removal of all evidence of the use upon termination, and restoration of the site to <br /> prior or better conditions.The conditions shall be set forth in a development <br /> agreement between the property owner and the city, which agreement shall be <br /> recorded with the Hennepin County Recorder or Registrar of Deeds.The conditions <br /> of approval will be documented as required. <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.The City Engineer has reviewed the application <br /> and provided comments to address hauling and road accessibility as well as surface water runoff. <br /> Engineer Comments <br /> A memo with comments to be addressed are attached as Exhibit D. <br /> Public Comments <br /> An email was received from a neighboring property owner. This is attached as Exhibit F. <br /> Issues for Consideration <br /> 1. Can the applicant achieve the grading they need without encroaching in the City <br /> Right of Way? <br />