5.1. PCSR 01-13-2009REQUEST FOR ACTION
To Item Number
Planning Commission 5.1.
Agenda Section Meeting Date Prepared by
Plannin Items anua 13, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Fred McCoy (McCoy's Pub) for Conditional Use erem Barnhart, Plannin Mana er
Permit for Patio Addition, Reviewed by
Case No. CU 08-24 -Public Hearing
Action Requested
Staff recommends that the Planning Commission recommend denial of the Conditional Use Permit
request fox a building expansion, as illustrated on drawings dated 9/29/08, for the following reason:
1. Inconsistency with the Shoreland setback regulations. (Sec. 30-2022) Encroaches
approximately 30 feet past the bluff line.
2. Inconsistency with Impervious Surface regulations. (Sec. 30-2025) Exceeds impervious
surface by approximately 33%
3. Inconsistency with Downtown Design Guideline approved materials. (Section 30-1026)
Should the Planning Commission support and the City Council approve the Conditional Use permit, staff
would suggest the approval be conditioned on the following:
1. Approval of a formal variance from the Shoreland setback regulations, and the impervious
surface regulations.
2. All requirements of the Building Code shall be met, including egress.
3. City Engineer shall approval, prior to construction, a bluff re-stabilization plan.
Background/Discussion
The primary concern with the application is its inconsistency with the environmental regulations. In 1991
the city adopted the Shore Land Ordinance and Impervious Surface regulations that the Department of
Natural Resources (DNR) established. These regulations, in part, pertain to bluff line setbacks and how
much of the property can be covered with impervious surfaces. Although the city did not create these
regulations, the city does have an obligation to enforce them.
In 1999 the DNR amended the Wild and Scenic line to accommodate all the existing structures in
downtown. The Wild and Scenic line used to run approximately down the center of Main Street. This
request is not affected by this line. The concern of the proposed addition is the setback from the bluff
line.
Secondary to the environmental implications are the typical conditional use permit concerns: Light,
noise, traffic, etc.
Case File: CU U8-24
Page 2
Attachments
• Location Map
• Memo from Environmental Administrator dated January 8, 2009
• Memo from the DNR Area Hydrologist dated December 12, 2008
Proposed Addition Drawings
• Site Images
• Site Exhibit
• Site Plan
General Information
McCoy's Pub
Pred McCoy
Applicant Fred McCoy
60 Day Rule The application has been deemed complete as of October 9,
2008. An extension letter was mailed to the applicant. The City
must take action b anua 28, 2009.
Requested Action Conditional Use Permit for Building Addition
Location and Size Approximately .11 acres in downtown Elk River.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Commercial Old Town Downtown District
North Mixed Use Old Town Downtown District
South River Old Town Downtown District
East Commercial Old Town Downtown District
West Commercial Old Town Downtown District
Overview
The applicant is proposing approximately a 1000 square foot building addition to the rear of the
existing restaurant. The proposed addition would be 36 feet from the rear of the existing structure
and approximately 30 feet past the bluff line. The existing building and proposed addition will cover
approximately 58% of the property. The building is currently a nonconforming structure, as
approximately 30 feet of the rear (south) end of the building encroaches into the bluff line setback.
The interior of the addition will be primarily for storage which would be accessed from the
basement of the existing building. The top/exterior of the addition would be a flat deck space for
customers to utilize.
S:\PLANNING M11IN\Case Files\CUP\CU 08-24 McCoy\CU 08-24_PC.doc
Case File: CU 08-24
Page 3
McCoy's Pub
Fred McCov
Analysis
Environmental
The proposed addition is in conflict with the Bluff regulations, Section 30-2132 and Section 30-2022
(a)(2). These sections do not allow an expansion of a principal building on the lot, due to the
buildings proximity to the top of bluff line. The concern is the potential damage to the highly
erosive steep slopes, and the necessary excavation will further damage the banks of the Mississippi
River. Additionally, the deck over a room addition will increase the impervious surface, in conflict
with the maximum 25% for the property. The existing building and proposed addition will cover
approximately 58% of the property.
The applicant may apply for a variance from the setback requirements; however, the city cannot
issue a building permit without first giving the DNR the ability to comment. The DNR may deny
the request. (Section 30-2092 (d) 1-5) The DNR has indicated, with their memo dated December
12, 2008, their opposition to the request.
The Bluffs building (directly east of the subject property) was allowed to be where it is because it did
not encroach any closer to the river/bluff than did the buildings existing on the site prior to that
project. The setback was established by the previous buildings on those properties. There is no
indication on the subject site that any type of structure was in the proposed expansion area.
Conditional Use Permit
From a neighborhood standpoint, the expansion of storage does not cause real concern. However,
the expansion of the bar to the outdoors raises concerns due to late evening noise and lighting as
there are residential units to the east (Bluff Block) and to the west (Cinema building). Staff has
received some question from neighboring properties relative to this issue.
The expansion of the bar area will generate the need for an additiona122 parking spaces. These
parking spaces will not be provided on site, they will be provided in the municipal lots and on street.
Recent studies have indicated that there were sufficient openings in these lots to accommodate these
cars; however, the build out of the vacant adjacent commercial spaces will reduce this.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. lYlill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. IY/ill be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
4. Dill be served adequately by and will not adversely a~ect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and school~~ and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
S:\PLANNING MAIN\Case Files\CUP\CU 08-24 McCoy\CU 08-24_PC.doc
Case File: CU 08-24
Pagc 4
McCoy's Pub
Prcd McCoy
5. lY/ill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive traffic, noise, smo,~e, fumes, glare, odors, dust or
vibrations.
6. lYrill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Wlill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
Sec. 30-2022. Placement, design and height of structures.
(a)(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the
classification of the water body:
a. Setback from top of blu~ 30 feet. (The building is proposed to be approx. 30 feet past the bluff line)
Sec. 30-2025. Stormwater management.
(2) Specific standards.
a. Impervious surface coverage of lots shall not exceed 25 percent of the lot area. In lieu of meeting this impen~ious
surface requirement, a property may submit a stormwater drainage plan to the city for review and approval which
restricts the developed five year frequency event peak discharge to a rate no greater than the five year historic
undeveloped peak discharge. To the maximum extent possible, the drainage plan must also provide for methods of
runoff settlement and/ or filtration prior to discharge to the receiving water.
Sec 30-2092 Development permit• certificate of zoning compliance• certification of land use
decisions.
(c) Certification by commissioner required for certain land use decisions.
(7) Certain land use decisions which directly affect the use of land within the designated land use districts and involve
any of the following actions must be certified by the commissioner as described in subsection (d) of this section:
a. Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land.
b. Granting a variance from a provision of this division that relates to the honing dimension provisions of this
division.
c. Approving a plat that is inconsistent with this division.
(2) No such action shall be ~ective until the commissioner has certified that the action complies with the Minnesota
1Vild and Scenic Kivers Act (Minn. Stats. ~' t 03F.301 et seq.), the statewide standards and criteria, and the
management plan.
(d) Certification procedure.
(7) A copy of all notices of any public hearings or, where a public hearing is not required, a copy of the application to
consider honing amendments, variances, or inconsistent plats under this division shall be sent so as to be received by the
commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application
shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a
description of the requested variance.
(2) The city shall not the commissioner of its final decision on the proposed action within ten days of the decision.
(3) The commissioner shall, no later than 30 days from the time he receives notice of the final decision, communicate
either certification of approval, with or without conditions, or notice of nonapproval.
(4) The action becomes ~ective when and only when either.•
a. The final decision taken by the city has previously received certification of approval from the commissioner;
6. The city receives certification of approval after its final decision;
c. Thirty days have elapsed from the day the commissioner received notice of the final decision, and the city has received
from the commissioner neither certification of approval nor notice of nonapproval; or
d. The commissioner certifies his approval after conducting a public hearing.
S:\PLANNING MAIN\Case Piles\CUP\CU 08-24 McCoy\CU 08-24_PC.doc
Case bile: CU U8-24
Page 5
McCoy's Pub
Fred McCoy
(5) In case the commissionergives notice of nonapproval of an ordinance, amendment, variance, or inconsistent plat,
either the applicant or the city may, within 20 days of such notice, file with the commissioner a demand for hearing. If
the demand for hearing is not made within 30 days, the notice of nonapproval becomes final.
a. The hearing will be held in an appropriate local community within 60 days of the demand and after at least two
weeks' published notice.
b. The hearing will be conducted in accordance unth Minn. Stats. ~' >03G.3 > >, subds. 2, 6, 7.
c. The commissioner shall either cert~ his approval or deny the proposed action within 30 days of the hearing action.
Timeline
• Decision is made by the City Council (approval or denial)
• The city must notify the DNR commissioner within 10 days of its decision
• DNR commissioner has 30 days to notify the city:
0 of approval, with or without conditions
0 or denial
• The City Council action is effective once certificate is received from the DNR commissioner
agreeing with the City Council or if nothing is received from the commissioner after the 30
days.
• Earliest building permit may be issued.
• If DNR commissioner gives notice of nonapproval (when the City Council gave approval)
of an ordinance, amendment, variance, or inconsistent plat, either the applicant or the city
may, within 20 days of such notice, file with the DNR commissioner a demand for hearing.
• If the demand for hearing is not made within 30 days, the notice of the DNR
commissioner's nonapproval becomes final.
Downtown Design Standards
The proposed materials for the addition do not meet the downtown design guidelines. Plain
concrete block is not one of the approved materials.
Section 30-1026 (f) states:
`The restoration, remodeling and/or e.~ansion of existing buildings shall, to the maximum extentpossible, bring
exterior facades back to the appearance they had when they were originally constructed, or maintain a similar
architectural style to the original construction, or comply to the extent possible with these design standards and
guidelines. "
This seems to support the rehabilitation of the exterior facade. In staff's opinion, this may be
inconsistent with Council policy of reducing non-conformities in scale with the proposed
development. Staff does believe it appropriate that the rear of the building, as well as the new
addition comply with the Ordinance.
Due to meeting timing, the Heritage Preservation Commission will forward their recommendation
directly to the City Council.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
ti:\PLANNING MAIN\Case Files\CUP\CU 08-24 McCoy\CU 08-24_PC.doc
Case File: CU U8-24
Page G
McCoy's Pub
Picd McCoy
Comprehensive Plan
The Old Town land use category reflects the unique land use mixture in and around the
Downtown...A variety of uses fit into the Old Town designation: community-scale retail,
professional services, public/civic uses, park, offices, dining and entertainment, banking, lodging,
and housing. Uses need to be compatible with the character and scale of the Downtown area.. .
This area provides the greatest opportunity for improved access and connection with the Mississippi
River. The request is consistent with the comprehensive plan.
Natural Resources
The challenge to the site is the impact on the bluff. The memo from the DNR Area Hydrologist
further addresses concerns with the natural recourses.
In the review of the standards for a CUP, the Downtown Design Standards and Sections 30-2022,
30-2025 and 30-2092 as previously outlined, it appears that the request could:
1. Cause destruction, loss or damage of a natural, scenic or historic feature of major
community and regional importance
2. Exceed the allowed impervious surface coverage for the lot
3. Not achieve the previously set forth design standards
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 08-24 McCoy\CU 08-24_PC.doc
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MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Rebecca Haug, Environmental Administrator
DATE: January 8, 2009
SUBJECT: CU 08-24 -Fred McCoy
CU - 08-24 -Fred McCoy -This application does not meet the Shoreland
Ordinance. The Environmental Division does not support this application due to the
amount of impact to the bluff. The bluff setback of 30' has been set due to the
instability of the bluff. Bluffs are inherently much steeper and sensitive to impact than a
hill or steep slope. Also, with any river, there is a chance for meandering and thus
making this bluff even more susceptible to impact. It appears after inspections of the
site that this area is on an outside curve of the river which creates more chance for
meandering. Hence, the bluff setback protects the river by reducing the chance for
erosion and bank sloughing.
If you have any questions, please let me know. Thank you for the opportunity to review
the applications.
12/15/2008 MON 12:57 FAX 320 255 3999 MN DNR Sauk Rapids X002/002
Minnesota Department of Natural Resources
DNR Waters
940 Industrial Drive S., Suite #103
Sauk Rapids, MN 56379
December 12, 2008
Rebecca Haug
Environmental Administrator-City of Elk River
13 065 Orono Parkway
Elk River, MN 55330
RE: McCoy's Pub Addition Proposal
Dear Ms. Haug,
I am whiting in regard to the proposed addition to McCoy's Pub in the "old downtown"
portion of the -City of Elk River. The Recreational reach of the Mississippi River's
protected Wild and Scenic corridor encompasses the site and immediate area. The "old
downtown" has been allowed to have buildings closer.to the river based on having been
there. In the case of McCoy's Pub, upon my field inspection on December 11, 2008 there
is no recent indication that the Pub occupied the portion of land they propose to put their
addition on. Furthermore, the proximity to the bluff would have no setback when it is
supposed to be 25 feet. The portion of the bank, at the full extent requested, 36 feet out
from the existing Pub shows signs of slumping and erosion as well. I would recommend
that the proposed addition extend no more than 24 feet from the existing Pub toward the
river.
Mn. Rule 6105.0230 requires that a final decision on a variance, within the Wild and
Scenic corridor, be given to the Corninissioner of the DNR within 10 days. Upon receipt
the Commissioner has 30 days to certify with or without conditions or provide a notice of
nonapproval.
Sincerely,
~~ ...
Roger Stradal
Area- Hydrologist
cc: Dale Homuth, Regional Hydrologist
DNR Information: 651-296-6157 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929
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J ~ 4
7
~~9 G
OMfiO~ AT GRADE CHANCE
(VISUAL TOP OF BtLdFf}•
APPROX WILD &
SC£M!C RIVER-ti
100 YR --
965.2
,pop No. a71a1C039D E
100 YR
ss5 zs~
No. 27I4JC0390 £
~PROX WICD &
:EhfIC RIVER
857.2
----
~______~_~^~.------ E
--"` ~ ~ -edge o! water os
focored 4`7/OB
elev = 452.21
C~ ~C~h ~ /
~ro,~~~-t~ ;
BL SET BACK ~-d-9~~,
~ 1100E IQ \
entry
fr m 882.9 -... ~
s°
i
EXT£N570N Uf' 88.3
BACK LINE OF 4
NL9'GN90R1NG 689, r
BWLDJNC 1~^~G . 88g'~ Retaining
8gg.5
..71'r.~ ~~e!' _ g8g.5
~ ~p
Bluff Exhibit
~
for
BUILDING SETBACKS Fred McCoy
FROM TOP OF BLUFF 30 FT
MISSISSIPPI WILD AND City of Elk River Sherburne County, Minnesota
SCEN/C RIVER
DISTRICT FROM
THE OHW 50 FT
~ ARTICLE I-GENERAL
OWN D/STR/CT
DOWN TOP OF BLUFF-the higher point of o
50-/oat segm ant with on overage
SURVEYOR NOTE slope exceeding l89•
-AT L/NE A AND C THE GRADE IS OVER l8~ IMMEDIATELY I Inch = 20 Feet
OFF THE BACK OF THE BUILDING (so th ere is NO 50 /t PROPOSED ADDITION
segment used here)••• 36x30 FOOT
8 89°8 McCoy
propert
Finished
/laar
entry
El = 882.9 .
i ~
EXTENSION OF /
BACK LINE OF 883 4
NEIGHBORING 884.6;
BUILDING -~
~I
X88 X 6 I~ Proposed _
$I / Addition
~ I ~,
5
r ~,F `~
!
~' !I
!
1
I
!
5 /
8g9' Retaining
• ~ i -WON !
889' S !
5
96.E g89 i
! .
,~. ,~ ~ 88
\ I ~ l -Distinc
TOP OF BLUFF PER j ~ I _ ~ ~ ~ ~ ~ j change in
ARTICLE l-GENERAL I D~sbncf ~~, 'E ~ ~ ''- f grade
_ / .~
7 crp~ge ~IR~O.D 1 _ ~ ~ f -J R
I grade ~~' °oo -~- ~- . J X 881. ~ - _ - __ - -
l ~ - -~- - - - ,.. -.. ---1. - 87
l, _ ~ --
- .,•-
! - -- ~ - -_ ~'"'---aco_ I
__ !
- f
OHW AT GRADE CHANCE ! X g75 I _,.... - _. !_._..__ -' -_-_ _..1._... ..___. ~ ,..-~./,
(wsuAL TDP oFecuFF) l __ ,... - -- _ _ ~ ____ __ ,__ !
APPROX WILD & ! ~ .~-'" - - ! ..,"`- _ ~ 1 _. - `r
! _ /
SCENIC RIVER "!`----.'""F17q ...- _ ; ~'_._~,.t3?0.../ ..- ~\
__
/ ....- - -_ 7 - 1 _._.._
I00 YR
9652'/- / - _ l~_' .~ _ !.~ 965.22
Map No. 27/4IC0390 E f - ~ ___-- - g.9 ~T ---~~-,.~_ ~ ~ j - _ ! No. 2714/C039D E
_ ,
tir~g_,,......_-_-~--.._..,.---- -- Stoe s/ape i 860 ,^-~"""'f3G0-...,~_ _.. -~.-~L,-~CRIVIERg
F /
!
,-
/ 856 D ~ ~ ! ___ g55 6 i ~
!
! / 856 g56.0.. / edge of i _
-- -
i 855 8 ! _ _ ~ ! _ - nprap !
-- ~ -/ _
~ i ~_ .. __ ; g52.2
/ .. - _ __ -
!
- - ~ 852.2 , g52.I i 8`'2.2 -~
/ ~
/ g52 2 - - - - - - -
~ ~ ~ -edge o/ water os D
! ~- ~ E
B located 4/7/08
e/ev = 952.2%
FIELD DATE:
BK/PG:
DRAWN 6Y:
CHECKED BY:
`;`
BOGART, PEDERSON
,/,; p. & ASSOCIATES, INC.
REVISIONS: y (L~ I Q Ci
O LAND SURVEYING
CIVIL ENGINEERING
MAPPING
I}016 FIRST STREET, RECKER, MN 55}Ofi-9322
~6]-262-e64<
TE
]63
8822 FAX
262
:
L:
-
-
DRAWING FILE: FILE N0.
MCCOYS PLACE OS-0064
00
.