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Moe’s Tent Report April 14, 2008 Page 3 The Character of the Surrounding Area. The site is prominently located at the corner of County Highway 10 and County Road H2. The tent is located on the northeast side of the building which faces County Highway 10. This site is primarily surrounded by commercial land uses – office building, movie theater, bar and restaurant. There are some residential homes across County Highway 10 and County Road H2 from Moe’s. The deck and tent are on the opposite side of the building from the County Road H2 homes, and over 225 feet away from the homes across County Highway 10. The Demonstrated Need for Such a Use. The applicant has indicated that the tent would allow the deck to be used for a longer time period each year, and it creates additional seating for the busy Easter and Mother’s Day holidays. Summary: The Zoning Code allows temporary structures by interim use permit, in commercial districts. The tent was used a few times last year without any problems. Since the applicant intends to use the tent annually, and for longer than one week during the spring and fall, staff indicated to Moe’s that an IUP would be necessary. From a zoning perspective, all of the city code requirements are satisfied. The preference would be to have the approval be for an indefinite time period so long as the annual conditions remain satisfied. Given that there have been no problems up to this point and the fact that the resolution will contain a provision that allows for review of the IUP at any point, staff feels comfortable in recommending an open-ended approval. The Planning Commission unanimously recommended approval of this Interim Use Permit on April 2, 2008, with a 6-0 vote (Meehlhause absent). Deadline for Action: This application was accepted on March 19, 2008 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is May 18, 2008. Recommendation: Hold the public hearing and review the request for the Interim Use Permit. Based on staff’s review and the Planning Commission’s recommendation of approval, Resolution 7054 approving the IUP has been prepared and is available for the Council’s action. If additional information is necessary before action can occur, a tabling motion would be in order. Heidi Heller Planning Associate Attachments 1. Planning Application 2. Zoning Map 3. Aerial View 4. Photographic Documentation 5. Planning Commission Resolution 883-08 6. City Council Resolution 7254