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FILE#LA19-000040 <br /> 17 June 2019 <br /> Page 2 of 3 <br /> 2) The use is allowed as an interim use in the applicable zoning district;grading and export <br /> of materials are permitted within the LR-1A zoning district;this statement is true. <br /> 3) The use will not delay anticipated development or redevelopment of the site;the grading <br /> activity was conducted in conjunction with the development of the new single family <br /> 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 basis; <br /> the grading activity will not be in conflict with the Code. <br /> 5) The use will not adversely affect the adjacent property,the surrounding neighborhood, or <br /> other uses on the property where the use will be located;this standard requires that the <br /> grading and improvements must not substantially impair the use and enjoyment of the <br /> properties in the area when compared to the impairment or impact of generally permitted <br /> uses. The result of the material removals will not change the intended residential use of <br /> the Property so there should be no change in the use,the grades,or enjoyment of <br /> adjacent properties resulting from the export of materials. However, activity of exporting <br /> approximately the proposed amount of material and active grading of the Property during <br /> construction can have a temporary adverse impact on neighbors. The grading work on the <br /> Property as well as the construction of the proposed home may have resulted in <br /> additional noise, dust,vibration and traffic on the haul routes and immediate neighbors. <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. Do complaints were <br /> brought to the city's attention regarding this project while it was under construction. <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 was submitted for the new <br /> home. At that time it was identified that additional grading took place on the property <br /> requiring the need for an after the fact IUP. <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 applicant has already completed the hauling and the <br /> new home on the property. <br /> Interim Use Permit Analysis <br /> Staff finds the plans would have conformed to the standards of IUP review if it was processed <br /> before the work took place. The material removal activity took place while the new home was <br /> under construction. Denial of the IUP would require the import of the exported material,resulting <br /> in additional truck traffic. <br /> Engineer Comments <br /> As this is after the fact, I have no opportunity to approve a haul route. As a matter of practice <br /> we ask that heavy trucks minimize their time on city streets by getting to county and state roads <br /> by the most direct route possible and then not use city roads as cut through. <br />