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FILE # LA24-000027 <br /> 15 July 2024 <br />Page 2 of 4 <br /> <br />parcel. The current stormwater pond was dedicated as part of the Fullerton Estate plat and was <br />created to manage the stormwater within that part of the development. The applicant is <br />proposing to construct a new pond on the abutting parcel at 3345 Fox street and dedicate a new <br />drainage easement over the stormwater improvement. The changes proposed are relatively <br />minimal and appear to meet the stormwater protection goals. Permits are required from the <br />Minnehaha Creek Watershed District will be required because of the alteration to the stormwater <br />plans for the development. <br /> <br />Interim Use Permit Analysis <br />Staff finds the proposed project purpose and scope are reasonable. The City Engineer has <br />reviewed the project. The project will be reviewed again at the time of the administrative <br />grading permit. <br /> <br />According to Code Section 78-1726, an interim use permit may be granted if the city council <br />determines that the use will comply with the following: <br />1) The use is allowed as an interim use in the applicable zoning district; Grading activities <br />are permitted within the LR-1A Zoning District. This criterion is met. <br />2) The use will not delay anticipated development or redevelopment of the site; The <br />grading activities will not impact future site development. This criterion is met. <br />3) The use will not be in conflict with any provisions of the city code on an ongoing <br />basis; The plan will be reviewed by our City Engineer and the applicant will be <br />required to follow City requirements. The project will obtain all necessary permits <br />with outside agencies including MCWD and NPDES permitting. This criterion is met. <br />4) 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 />applicant shall ensure the project scope remains within the property lines, the haul <br />route is monitored (and cleaned as often as necessary), and that any adverse <br />impacts are mitigated. This criterion is met. <br />5) The use will not impose additional unreasonable costs on the public; The project will <br />not impose 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 <br />applicant has provided a project timeline which will commence in the Fall of 2024 <br />and will be finalized in 2025. This criterion is met. <br />7) 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. Approval of the <br />Interim Use Permit will be done through a resolution that is recorded with the <br />County. All requirements and conditions will be listed as part of the resolution. This <br />criterion is met. <br />Additional Applicable Regulations (Section 78-916) <br /> <br />1) Consistent with the community management plan; The proposed activity on the <br />residential properties is consistent with the community management plan. The <br />proposed grade alterations are reasonable. <br />63