2020.12.07 CC Packet - Laserfiche WebLink

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Schifsky IUP Page 2 2 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying an Interim Use Permit is limited to whether or not the permit meets the standards outlined in the City Code. If it meets these standards, the City must approve the interim use permit. 4. SURROUNDING LAND USE AND ZONING: The properties to the north are zoned Future Urban Service (FUS) and are guided as High Density Residential (HD) in the 2040 Land Use Plan. The properties are currently occupied by homes on large lots. The properties to the east and south are zoned Restricted Industrial (RI-1) and are guided as Industrial (IND) in the 2040 Land Use Plan. The properties are occupied by a number of commercial and industrial business that include exterior storage. The properties to the west are zoned Future Urban Service (FUS) and are guided as Medium Density Residential (MD). The properties are currently occupied by homes on large lots. 5. ANALYSIS: The purpose of interim use permits is to allow a use under certain conditions that would otherwise not be allowed under the zoning regulations, but because of its temporary nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses. The city council may authorize interim uses of property by issuance of interim use permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. Interim uses that fail to comply with the zoning standards established for the district within which the use is located may also be authorized. The applicant is currently has a purchase agreement for the property located at 5725 165th Street North. The property is zoned Future Urban Service (FUS) and guided as Industrial (IND) in the 2040 Comprehensive Plan. The property is 10 acres and includes a house and two accessory buildings. The property currently has a number of junk vehicles, storage containers, and debris stored on the property. The interim use permit includes a condition that all junk vehicles, storage containers, and debris shall be removed from the property prior to conducting the landscape business on the property. The applicant is requesting approval of an interim use permit to allow the operation of a small landscaping and excavation business on the property. The applicant is also proposing to live in the house on the property. The interim use permit is required since the property is zoned Future Urban Service (FUS) and a landscape business is not an allowed use in that zoning district. The property is unique in the underlying land use in the 2040 Comprehensive Plan is guided as Industrial. Once municipal sewer is available, the property would be eligible to be rezoned to an industrial zoning district which would allow a business of this type and other more intense uses.