Agenda - Council - 09/25/2012 - Laserfiche WebLink

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CC Regular Session Meeting Date: 09/25/2012 By: Chris Anderson, Community Development Information 4. 16. Title: Adopt Resolution # 12-09-XXX adopting Findings and Adopt Resolution # 12-09-XXX Approving Request for an Interim Use Permit to Allow for the Operation of a Church in the B-1 Business District on the Property Located at 5900 167th Ave NW; Case of Rum River Retail Ventures, LLC Background: On August 9, 2012, the City received an application for an Interim Use Permit (IUP) from Rum River Retail Ventures, LLC to allow for the continued operation of a church in the B-1 Business District. The church operation is located in a multi -tenant facility located at 5900 167th Ave NW and utilizes space for church offices, Sunday services and to provide other services, such as youth group meetings/activities, throughout the week. Notification: In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union, the City's official newsletter for public notices. Observations: There is currently an active IUP for this use (church operation in the B-1 Business District) on the Subject Property that will expire on October 3, 2012. As City Council may recall from the last time this request was discussed, this use triggered the requirement for the installation of a fire suppression system. A condition of the current IUP included certain benchmarks to ensure that a fire suppression system was installed, operational and approved by the City by September 1, 2012. The term of the current IUP was limited to nine (9) months to ensure timely installation of the fire suppression system. The installation of a fire suppression system is complete and the system is now operational. The Subject Property is zoned B-1 Business District, which does not expressly permit places of assembly. However, the the Subject Property has sufficient parking for the use and there have been no concerns or issues brought to the City's attention related to this use over the past several years. The Property Owner has requested a new IUP for a term of five (5) years. The Planning Commission held a public hearing on this request on September 6, 2012 and there were no written or verbal comments received. Recommendation: At the time of the public hearing, the fire suppression system was not quite operational (it was about 90% complete, but needed additional power supply to the building from Connexus for the system to be finalized). However, the system was substantially complete and the Planning Commission recommended that the City Council approve the request for an IUP with a term of five (5) years, contingent on the system being complete by September 30, 2012. Funding Source: Due to the unique circumstances of this request and the very limited term of the current IUP, on August 13, 2012, the City Council waived the application and escrow fees typically collected with an interim use permit application.