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Mounds View Planning Commission April 2, 2008 Regular Meeting Page 4 ________________________________________________________________________ Planning Associate Heller stated the process for reviewing an interim use permit for a temporary tent is the same as if it were a conditional use permit, i.e., a public hearing will be scheduled for the City Council meeting and notices sent to property owners within 350 feet of the subject parcel. Planning Associate Heller outlined each of the specific requirements of the approval process, including compliance with all provisions of the Fire Code and annual fire and tent permits issued by the Fire Marshal. She added the applicant will have to apply for these permits each time the tent is erected. Planning Associate Heller stated the other requirements of the approval process include adequate parking (since this temporary tent will always be on the deck, it will not be removing additional parking spaces); the tent will be subject to the same building setbacks as the principal building on the lot (the tent does not encroach into any required setback area); the tent shall be limited in size to 5,000 square feet or 10 percent of the principal building’s square footage (the tent is 1,100 square feet which is approximately 10 percent of the restaurant floor area); the tent shall be constructed of a durable reinforced material to withstand wind and snow loads (the tent is not used during the heavy snow months); the structure shall be anchored to the ground (the tent structure is adequately anchored to the deck and an inspection by the building official is done each time the tent is set up); the tent shall be maintained in good condition (Moe’s does not own the tent and rents it from a company that also does the setup and takedown); the interim use can be reviewed at any time by the City if problems arise which necessitate revision or termination of the interim use; and the interim use would become null and void if the property owner fails to comply with the provisions of the permit, if the structure is not used for more than a one year period, or if the property undergoes a change of ownership. Chair Stevenson asked if the resolution contains similar language as that contained in the resolution pertaining to the Mermaid tent. Planning Associate Heller replied in the affirmative. Commissioner Miller asked about a heat source for the tent. Planning Associate Heller stated that Moe’s intends to heat the tent and this is subject to inspection by the Fire Marshal. Commissioner Walsh-Kaczmarek asked who would be responsible for making sure the applicant does not exceed 180 days. Planning Associate Heller stated that she and her staff will monitor and keep track of the 180 days. Commissioner Gunn requested the second “therefore” clause in the resolution specify that the interim use permit is valid for a tent on the deck only.