09-09-2019 Council Packet - Laserfiche WebLink

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FILE # LA19-000054 19 August 2019 Page 2 of 3 Applicable Regulation: Interim Use Permit (Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted, the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1A zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed material removals will not change the intended residential use of the Property so there should be no change in the use, the grades, or enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 3,200 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public; the builder and owner will be responsible for keeping debris off of the roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the MCWD, the City Engineer, and building inspectors 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.