Resolution - #08-10-205 - 10/14/2008

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,~ Councilmember Olson introduced the following resolution and moved for its adoption: RESOLUTION #08-10-205 RESOLUTION APPROVING THE ISSUANCE OF AN INTERIM USE PERMIT TO ALLOW FOR THE OPERATION OF A CHURCH IN THE B-1 BUSINESS DISTRICT BASED ON FINDINGS OF FACT #0834, AND DECLARING THE TERMS OF SAME. WHEREAS, Rum River Retail Ventures, LLC has properly applied to the City of Ramsey (the "City") for an interim use permit to operate a church in theB-l Business District on the property located at 6008 167th Ave NW and legally described as follows: The north 426.29 feet, as measured along west line of that part of Southwest Quarter of Southeast Quarter of Section 11, Township 32, Range 25 lying westerly of center line of Trunk Highway No. 47, except road, subject to easement of record, Anoka County, Minnesota (the "Subject Property"); and WHEREAS, the Planning Commission met on October 2, 2008, conducted a public hearing and recommended that the City Council approve the request to operate a church in the B- 1 Business District for a term of three (3) years; and WHEREAS, the City Council met on October 14, 2008 to review the request for an interim use permit to operate a church in the B-1 Business District on the Subject Property. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: This permit is issued pursuant to Section 9.03.06 of the Ramsey City Code. The conditions of this permit are as follows: 1) Based on Findings of Fact #0834, an Interim Use Permit ("Permit") to allow the temporary operation of Church and Church Offices on the Subject Property is hereby granted to Rum River Ventures, LLC ("Permittee"). 2) The term of the Permit shall commence on the date of issuance of the Certificate of Occupancy and shall expire thirty-six (36) months thereafter. 3) This Permit is applicable only to the operation of a Church and Church Offices on the Subject Property. The granting of this Permit does not allow for any other use that is prohibited in the B-1 Business District. 4) That due to the change in occupancy from a class M (Mercantile) to a class A-3 (Assembly), this Permit is contingent on certain improvements and upgrades to the building, subject to the rules outlined in the Minnesota State Building Code. Due to the temporary nature of this Permit and the fact that the property is not connected to city water, the Fire Chief and