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<br />Mermaid Tent Report <br />March 2, 2005 <br />Page 3 <br /> <br />Chapter 1125 Considerations: <br /> <br />Ordinance 735 indicates that a tent IUP application be reviewed similarly to a conditional use <br />permit as articulated in Chapter 1125 of the Zoning Code. The chapter requires that the <br />Planning Commission review and address any potential adverse effects which include, but <br />are not limited to, relationship with the Comprehensive Plan, geographical area involved, <br />potential depreciation, the character of the surrounding area and the demonstrated need for <br />such a use. Each of these potential adverse effects is listed below along with responses. <br /> <br />Relationship with the Comprehensive Plan. The proposal to maintain an outdoor temporary <br />membrane structure would not be inconsistent with the comprehensive plan, which guides <br />this parcel as regional commercial planned unit development. <br /> <br />The Geographical Area Involved. The applicant’s property is a nine-acre site with multiple <br />land uses associated. The general topography of the site is gently sloping to the south with <br />little variation. The stormwater from the site is routed to a regional stormwater pond west of <br />the Mermaid on the north side of County Road H. <br /> <br />Depreciation. No depreciation to the subject property or surrounding properties as a result <br />of the tent’s existence. <br /> <br />The Character of the Surrounding Area. The site is prominently located at the corner of <br />County Road 10 and County Road H. The tent however is located within a courtyard area and <br />is screened from all sides but the front by the Mermaid buildings. All of the uses in the general <br />area are commercial or retail with the exception of the Rice Creek Corridor and County open <br />space to the south. <br /> <br />The Demonstrated Need for Such a Use. The applicant has indicated that the need is <br />because he is better able to serve his clientele and attract different types of events. <br /> <br /> <br />Summary: <br /> <br />By virtue of the adoption of Ordinance 735, the Zoning Code now allows by interim use permit <br />temporary structures in commercial districts. The tent has been erected in previous years <br />without any issue from a zoning perspective and all of the ordinance requirements are <br />satisfied. The applicant has indicated that it would be his preference to have the approval be <br />for an indefinite time period so long as the annual conditions remain satisfied. Given the <br />positive history up to this point and the fact that the resolution will contain a provision that <br />allows for review of the IUP at any point, staff feels comfortable in recommending an open- <br />ended approval. <br /> <br />Recommendation: <br /> <br />Review the request for the Interim Use Permit to allow an outdoor temporary membrane <br />structure in the courtyard area at the Mermaid Entertainment and Event Center.