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Mounds View Planning Commission January 21, 2004 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Hegland asked whether there was anything that controls the IUP transferring to a new property owner if the property is sold. Director Ericson commented that a CUP transfers with the property and nothing had been added to this to prevent an IUP from transferring to a new owner. Commissioner Hegland indicated he feels that a new owner should come to the City to request an IUP rather than having it automatically transfer with the sale of the property. Chair Stevenson indicated he feels that Staff should be able to review and grant the permit each year unless there are issues to be discussed by the Commission. Director Ericson indicated that the fire code dictates that the structure is only allowed to be up for 180 days. If it is up longer than that the structure would need to comply with the building codes and be sprinkled. The Commission asked that the code reference that the structures are not allowed for more than 180 days on the off chance that someone could afford to bring the temporary structure up to building code requirements. Commissioner Zwirn asked if there is a protection if there is a problem that would allow the City to deny the permit and issue an order to cease operation out of the structure. Director Ericson indicated that if there is an issue of life, health or safety, the fire marshal or building official can post a “do not occupy” notice. Commissioner Zwirn asked if it was necessary to implement a penalty for operating without the permit or beyond the allowed days. Director Ericson indicated there is a fee and penalty structure built into the codes already and failure to comply with a “do not occupy” order is a misdemeanor. Commissioner Song commented that she is a realtor and has had several customers looking at homes in the area. She tries to persuade to buy in Mounds View but she receives comments that the streets are not so neat and she would like to see stronger rights for the City to terminate the use of this type of structure if the conditions are not met. Director Ericson indicated there are some things listed concerning the requirement to maintain the structure in good condition and to make corrections within a reasonable amount of time. The Commission discussed whether this should be a permit reviewed annually by the Commission that goes through the public hearing process or whether to grant a five year permit to be reviewed annually by Staff.