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FILE # LA24-000026 <br />17 June 2024 <br />Page 2 of 3 <br /> <br /> <br />3) The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will <br />be reviewed by our City Engineer and the applicant will be required to follow City requirements. <br />The project will obtain all necessary permits with outside agencies including MCWD, LMCD, and <br />NPDES permitting. This criterion is met. <br />4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses <br />on the property where the use will be located; The applicant shall ensure the project scope remains <br />within the property lines, the haul route is monitored (and cleaned as often as necessary), and <br />that any adverse impacts are mitigated. This criterion is met. <br />5) The use will not impose additional unreasonable costs on the public; The project will not impose <br />additional costs on the public. This criterion is met. <br />6) The date or event that will terminate the use can be identified with certainty; The applicant has <br />provided a project timeline which will commence in the Fall of 2024 and will be finalized mid- <br />summer 2025. This criterion is met. <br />7) And the applicant agrees in writing to any conditions that the city council deems appropriate for the <br />use, including a requirement for a financial security to ensure removal of all evidence of the use <br />upon termination, and restoration of the site to prior or better conditions. The conditions shall be <br />set forth in a development agreement between the property owner and the city, which agreement <br />shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim <br />Use Permit will be done through a resolution that is recorded with the County. All requirements <br />and conditions will be listed as part of the resolution. This criterion is met. <br />Additional Applicable Regulations (Section 78-916) <br /> <br />1) Consistent with the community management plan; The proposed activity on the residential <br />properties is consistent with the community management plan. Grade alterations are reasonable. <br />2) Compliant with the zoning code, including any conditions imposed on specific uses as required by <br />article V, division 3 of the City Code; This criterion is met. <br />3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. The <br />applicant will be obtaining all necessary permits. <br />4) Provided with an adequate water supply and sewage disposal system; This criterion is not <br />applicable. <br />5) Not expected to generate excessive demand for public services at public cost; This criterion is met. <br />6) Compatible with the surrounding area as the area is used both presently and as it is planned to be <br />used in the future; There is no change of use contemplated. This criterion is met. <br />7) Consistent with the character of the surrounding area, unless a change of character is called for in <br />the community management plan; The project will not result in a change in character. <br />8) Compatible with the character of buildings and site improvements in the surrounding area, unless a <br />change of character is called for in the community management plan; This criterion is not <br />applicable. <br />9) Not expected to substantially impair the use and enjoyment of the property in the area or have a <br />materially adverse impact on the property values in the area when compared to the impairment or <br />impact of generally permitted uses; The proposed land alterations will be contained to the site and <br />will meet all requirements by the City of Orono and other outside agencies. <br />10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to <br />disturb surrounding uses; The applicant is encouraged to work with any potentially impacted <br />neighboring properties with concerns about screening or buffering. No screening or buffer <br />requirements are required by the City. This criterion is met. <br />11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical <br />interference, general unsightliness, or other means; The proposed project will be contained to the <br />74