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theater, bar and restaurant. There are some residential homes across County Highway 10 and County <br />Road H2 from Moe’s. The deck and tent are on the opposite side of the building from the County Road <br />H2 homes, and over 225 feet away from the homes across County Highway 10. <br />Moe’s Tent Report <br />April 2, 2008 <br />Page 3 <br /> <br /> <br />The Demonstrated Need for Such a Use. The applicant has indicated that the tent would allow the <br />deck to be used for a longer time period each year, and it creates additional seating for the busy Easter <br />and Mother’s Day holidays. <br /> <br /> <br />Summary: <br /> <br />The Zoning Code allows temporary structures by interim use permit, in commercial districts. The tent <br />was used a few times last year without any problems. Since the applicant intends to use the tent <br />annually, and for longer than one week during the spring and fall, staff indicated to Moe’s that an IUP <br />would be necessary. From a zoning perspective, all of the city code requirements are satisfied. The <br />preference would be to have the approval be for an indefinite time period so long as the annual <br />conditions remain satisfied. Given that there have been no problems up to this point and the fact that <br />the resolution will contain a provision that allows for review of the IUP at any point, staff feels <br />comfortable in recommending an open-ended approval. <br /> <br />Deadline for Action: <br /> <br />This application was accepted on March 19, 2008 and in accordance with MN Statute 15.99, a <br />decision shall be made within 60 days of application acceptance. The deadline for action for this <br />request is May 18, 2008. <br /> <br />Recommendation: <br /> <br />Review the request for the Interim Use Permit to allow an outdoor temporary tent at Moe’s restaurant. <br /> Staff is recommending approval of Resolution 883-08, which is attached for your consideration. The <br />resolution would recommend approval to the City Council with stipulations as noted. If more <br />information is needed before action can be taken, the Commission may table the request pending <br />receipt of the information. <br /> <br /> <br /> Heidi Heller <br />Planning Associate <br /> <br /> <br />Attachments <br /> <br />1. Planning Application <br />2. Zoning Map <br />3. Aerial View <br />4. Photographic Documentation <br />5. Resolution 883-08