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Mermaid IUP Report April 7, 2010 Page 3 Chapter 1125 Considerations: Ordinance 735 indicates that a tent IUP application be reviewed similarly to a conditional use permit as articulated in Chapter 1125 of the Zoning Code. The chapter requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is listed below along with responses. Relationship with the Comprehensive Plan. Having an outdoor temporary membrane structure at the Mermaid would not be inconsistent with the comprehensive plan, which guides this parcel as regional commercial planned unit development. The Geographical Area Involved. The applicant’s property is part of a nine-acre site with a variety of land uses. The general topography of the site is gently sloping to the south with little variation. The stormwater from the site is routed to a regional stormwater pond west of the Mermaid on the north side of County Road H. Depreciation. Staff is not aware of any property depreciation because of the tent’s existence. The Character of the Surrounding Area. The site is prominently located at the corner of County Road 10 and County Road H. The tent, however, is located within a courtyard area and is screened from all sides but the front by the Mermaid and AmericInn buildings. All of the uses in the general area are commercial or retail with the exception of the Rice Creek Corridor and County open space to the south. The Demonstrated Need for Such a Use. The applicant has indicated there is a need for the tent because he is better able to serve his clientele and attract different types of events by having the tent available for rental. The tent has been successful for the Mermaid for over five years. Summary: The Mermaid has installed the tent in previous years without any issue from a zoning perspective while satisfying all of the ordinance and code requirements. Since this is the second application for the tent, City staff believes that the City could approve the request for an indefinite time period so long as the owner and operator satisfy all the annual conditions. Given the positive history to this point and the fact that the resolution contains a provision that allows for City review of the IUP at any point, staff is comfortable in recommending an open- ended approval. Recommendation: Review the request for the Interim Use Permit to allow an outdoor temporary membrane structure in the courtyard area at the Mermaid Entertainment and Event Center.