10-12-1998 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION Date: Item No. August 19, 1998 Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Zoning Code Amendment - Interim Use Ordinance - Adoption List of Exhibits: A - Ordinance B - Memo & Exhibits of August 14,1998 4\ Background In April 1998 Cliff Otten, owner of the Day Care building at the intersection of Hwy. 12 and Co. Rd. 6, requested that the Council consider how that building might be used for the next 3-5 years before it is demolished to make way for highway construction. That site is zoned RR-IB residential, and the building is not likely to ^ used for any of the permitted or conditional uses allowed in RR-IB. Council asked staff to consider how we might accomodate short term uses of this building. Staff suggested that the City adopt an Interim Use ordinance which would allow Council to approve on a limited-term basis, a use which is otherwise prohibited in a given zoning district. Such use would be subject to any conditions the Council chooses to impose. Interim Use permits would be processed in the same manner as CUP's. Staff reviewed Interim Use ordinances in effect in Plymouth and Roseville. Those two cities differ somewhat in their approaches. Plymouth ’s ordinance suggests that a !i«;t of acceptable interim uses mi^t be defined for each zoning district; Roseville's ordinance does not suggest the need for such a list, and gives the Council broad discretion to approve or deny interim uses. Statutory Authorization Cities are authorized to adopt Interim Uses ordinances by State Statutes 462.3597, which define Interim Use as "a temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it". The Statute states that the Council may grant permssion for an interim use if: 1 . the use conforms to the zoning regulations; 2. the date or event that will terminate the use can be identified w ith certainty;