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LA19-000049 <br /> August 19 2019 <br /> Page 5 of 6 <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Applicable Regulation: Interim Use Permit (Section 78-1726) <br /> The Planning Commission may recommend and the Council may grant an Interim Use Permit <br /> (IUP). On the basis of the application and the evidence submitted,the city council <br /> determines that the use will comply with the following: <br /> 1) The use will meet the general performance standards in section 78-916 of this <br /> chapter; The grading will conform to the standards within Section 78-916 of the <br /> Zoning Code. <br /> 2) The use is allowed as an interim use in the applicable zoning district;grading of <br /> 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 <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 lakeshore grading. The grading work on the Property <br /> as well as the forthcoming construction of the proposed home could result in <br /> 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 lakeshore <br /> grading should not impact any public roadways. <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 /> Practical Difficulties Statement <br /> Applicant has provided supporting documentation regarding the applicable Practical Difficulties <br /> attached as Exhibit B, and should be asked for additional testimony regarding the application. <br />