4.0 BASR 02-10-2009REQUEST FOR ACTION
To Item Number
Plannin Commission 4
Agenda Section Meeting Date Prepared by
Plannin Items Februa 10, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Fred McCoy (McCoy's Pub) for Variance from the erem Barnhart, Plannin Mana er
Shoreland Setback Regulations, and the Impervious Surface Reviewed by
Regulations, Case No. V 09-01
Action Requested
Staff recommends that the Board of Adjustments deny the two variance requests, as illustrated on
drawings dated 2/5/09, with the following reasons:
1. The application does not meet any of the variance criteria set forth in Section 30-635
2. The entire proposed 30 foot addition is within the DNR defined bluff line setback
3. The proposed addition and existing building will exceed the allowed impervious surface
by approximately 45%.
Should the Board of Adjustments approve the two variance requests, as illustrated on drawings dated
2/5/09, staff would recommend the following conditions:
1. City engineer shall approve, prior to construction, a bluff re-stabilization plan and
stormwater retention plan.
2. Use approved materials consistent with the downtown design guideline.
3. Subject to DNR review and approval.
4. Any item or condition found that indicates the site is likely to yield information
important to prehistory or history shall be reported to the city immediately. Further, the
city reserves the right to stop work authorized in its approval until the site is
appropriately investigated and work is authorized to continue by the city.
5. Building addition shall not to exceed 30 feet or no further than a line that extends from
the bluffs building and the cinema main building.
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.
In an effort to accommodate existing structures, the DNR, in 1999, amended the Wild and Scenic line to
accommodate all the existing structures in downtown.
Case File: V U9-Ol
Page 2
Attachments
• Location Map
• Memo from Environmental Administrator dated February 4, 2009
• Memo from Fire Chief dated January 14, 2009
• Letter from Bogart, Pederson and Associates, Land Surveyors, dated January 23, 2009
• Site Plan
• Architectural Drawings
General Information
Variance
Fred McCoy
Applicant Fred McCoy
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
On January 20, 2009 the applicant was granted a Conditional Use Permit to construct an addition to
his restaurant. Several conditions were placed on that approval. Four of the conditions are as
follows:
7. A variance from the required setback from the bluff in a shoreland done under section 30-2022 of the city
code is approved.
2. A variance from the maximum allowed impervious surface in a shoreland done under section 30-2025 of the
city code is approved.
3. Subject to DNA review and approval.
4. Not to exceed 30 feet or no further than a line that extends from the bluffs building and the cinema main
building.
The applicant is asking fox a variance to the bluff line set backs as well as a variance to the allowed
amount of impervious surface.
Staff is reviewing this application with the DNR defined bluff line. The entire proposed 30 foot
addition is within the DNR defined bluff line setback. In addition, approximately 30 feet of the
existing building is within the DNR defined bluff line setback.
S:\PLANNING MAIN\Case Files\Variance\V 09-01 Fred McCoy\V 09-01_BA.doc
Case File: V 09-01
Page 3
Variance
Frcd McCoy
The lot area is approximately 5,600 square feet and the existing building with proposed addition will
be approximately 4,000 square feet. The ordinance states that impervious surface coverage shall not
exceed 25 percent of the lot area. The existing structure plus the addition would cover
approximately 70 percent of the lot.
Applicable Regulations
Variance Criteria
7. Literal enforcement of the ordinance will cause undue hardship.
Literal enforcement will not cause undue hardship as the applicant has a functioning business in
the existing building on the property.
2. The hardship is caused by~sDecial conditions and circumstances which are~eculiar to the~ro~erty and the
structure involved and which are not characteristic o or a~licable to other lands or structure in the same area.
There are no special conditions and circumstances that are peculiar to the property. Although
the bluff setback varies depending on topography, it does affect all properties in the area.
3. The .r~iecial conditions and circumstances are not a consequence o~the~ietitioner's own action or inaction.
There are no special conditions and circumstances to the property.
4. The literal ai~blication o~the t~rovisions o~this ordinance would derive the~etitioner o~rights en~oyed b oy ther
1~ro~erties in the same district under the terms o~this ordinance.
The petitioner would not be deprived any rights, as they have a functioning business in the
existing building on the property, as do other properties in the same district.
5. The variance will not be incurious to or adversely a,~fect the health salty or n~e~are of the residents of the cit~r
the neighborhood where the~rro~erty is located and will be in keeling with spirit and intent of the ordinance.
The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\Variance\V 09-01 Fred McCoy\V 09-O1_BA.doc
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MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Rebecca Haug, Environmental Administrator
DATE: February 4, 2009
SUBJECT: Y 09-01 -Fred McCoy -McCoy's Pub
V - 09-0 I -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.
This application also does not meet the impervious surface coverage standard in Section
30-2025. Stormwater management (2) Specific Standards a. The ordinance states that
impervious surface coverage of lots shall not exceed 25 percent of the lot area. The
existing structure plus the addition would cover approximately 70 percent of the lot.
The purpose for this section is to reduce the amount of runoff from a site prior to
discharging in to the storm sewer system or directly into the river. Water runoff from
impervious surface typically contains pollutants and is heated which causes water quality
issues. Part of the City's NPDES Permit is to require more infiltration and reduce the
amount of impervious surface throughout the City.
If you have any questions, please let me know. Thank you for the opportunity to review
the applications.
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Bruce A. West, Fire Chief ~~
DATE: January 14, 2009
SUBJECT: Site Plan Review Meeting of Wednesday, January 14, 2009
The site plan review committee met on Wednesday, January 14, 2009 and I would like to
make the following comments:
1. Conditional Use- Permit. Case No. CU 09-04, Request by Waste Management
for Elk River Landfill Expansion
The Fire Department has no concerns.
2. Final Plat. Case No. P 09-01-Elk Ridge Center Fifth Addition, Request by
7040 Lakeland Partners
The Fire Department has no concerns.
3. Conditional Use Permit Case No CU 09-05, Request by 7040 Lakeland
Lartners for Retail Buildinglto be added onto existing Aldi sitel
The location of the proposed hydrant on the plan as presented to Public Works
Director Terry Maurer meets the approval of the Fire Department. No exterior fire
suppression indicating valves shall be allowed at the Elk Ridge Center 5`h addition. If
there are any other questions the applicant shall contact Fire Marshal Cliff ~-~nderson
at 763-635-1110.
4. Conditional Use Permit, Case No. CU 09-06, Request by Morrell Properties
The Fire Department has no concerns.
5. Variance, Case No. V 09-01Variance• Case No• V 09 Request by Fred McCo~by Fred McCoy
The Fire Department has no concerns.
If you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.635.1105.
Bogart, Pederson
& Associates, Inc.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
Chris Leesberg, City of Elk River
13065 Orono Parkway
Elk River, MN 55330
cc:McCoy's Place
To Whom it May Concern,
~ N ~, 6 ~~U9
I was requested, by Fred McCoy, to submit any information I had to the
City of Elk River, regarding the Top of Bluff information that I had and
how I established this on the Bluff Exhibit for Fred McCoy. On 3/26/08 I
received a copy of the Elk River Code showing the description of a Bluff.
A Bluff has the following characteristics: (an area with an average slope
of less that 18% over a distance for 50 feet or more shall not be
considereU part of d l.:iuff)
1-located in shore land area
2-slope rises at least 25 feet above OHW
3-grade of slope from toe of bluff to a point 25 feet or more above
OHW averages 30a or greater
4-slope shall drain towards to water body
The Top of a Bluff definition (which the setback is measured from) is the
higher point of a 50 foot segment with an average slope exceeding 180.
I contacted Roger Stradal with the MnDNR on how the Mn
Bluff and a Top of Bluff. Roger agreed with the above
discussed using cross-sections of the area between the
back of the building and creating a triangle showing a
length) and at least an 180 slope, which would give us
(change in elevation over 50 feet).
DNR would define a
definitions. We
waters edge and the
50 length (segment
a height of 9 feet
I applied the 50 foot length X 18% slope triangle to Cross-Sections B & C.
Since the slope was much higher between the Visual Top of Bluff and the
area down to the water the triangle that pulled the 50 foot segment with a
greater than 18% slope into the `flatter' area that is between the Visual
Top of Bluff and the back of the buildings. There does not appear to be a
Top of Bluff at the location established by using the triangle. I feel
that since there is not a good `sample area' between the Visual Top of
Bluff and the back of the buildings to get more than one 50 foot segment,
that we should rely on the Visual Top of Bluff to establish our setback.
I did show the Top of Bluff and its setbacks after numerous phone calls
with people from the City of Elk River and the MnDNR at the Visual Top of
Bluff. I did not find a definition of Top of Bluff that applied directly
to this instance of having a sample area of less than 50 feet. The
`flatter' area between the Visual Top of Bluff and the back of the
buildings is approximately 44 and 50 feet (along Cross-Sections B & C).
The slope of this `flatter' area is less that 18 % and it is not for a
distance of 50 feet or more, but I still considered this to not be part of
the bluff, due to its slope.
Respectfully,
c~?~w c~.a.~ 1~Z~vq
Shannon Bollman, and Surveyor -
Bogart, Pederson and Associates
Main Office: Becker Phone: 763/262-8822 Maple Lake Waite Park Phone: 320!252-0409
13076 First Street Toll free: 888/210-8301 311 Division St. W. Box 249 Phone: 320/963-6900 2077 Frontage Road N. Ste. 12 Toll free: 888/251-0409
Becker, MN 55308 Fax: 763/262-8844 Maple Lake, MN 55358 Fax: 320/963-6060 Waite Park, MN 56387 Fax: 320/230-6859
Bluff Exhibit
~
for
Fred McCoy
BUILDING SETBACKS City of Elk River, Sherburne County, Minnesota
FROM TOP OF BLUFF 30 FT
MISSISSIPPI WICD AND
SCENIC RIVER ARTICLE I-GENERAL
DISTRICT FROM TOP OF BLUFF-the higher point o! a 0 20
THE OHW 50 FT 50-/oat segmont with an overage
slope exceeding 188
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FIELD DATE:
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DRAWN Br: 9 BOGART, PEDERSON
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REVISIONNS: LAND SURVEYING
10/27/08 Edit elevations add MAPPINGCINEERING
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bluff TEL: 763-2fi2-6822 FAN: 763-262-8894
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