RES 09-007LUTI ~Ol
L T'I IT I
A RESOLUTION APPROVING
VARIANCE UES~' 09-0 0
D ES7"~LISF~I G
FINDINGS OF FACT THEREFORE
, Application was made on Februa 9, 2009 b Fred McCo for a Variance
~ ~ y
to expand his restaurant for the property legally described as the east 30
feet of the west $9 feet of Lot 1, Block 4, Village of Elk River, Section 34,
Township 33, Range 26, Sherburne County, Minnesota., G5~ Main Street.; and
The application for approval the Ap lication was referred to the Ci
p ~ ~Y
Council; and
The City Council conducted a public hearin on the A lication after
g pp }
proper publication and due notice thereof as required by ordinance and
statute, on February 17, 2009; and
Following completion of the public hearin ,the Ci Council made the
g tY
following findings of fact with respect to the application:
1, The cite has invested in making the downtown successful; other bars are
larger; and the inability of the applicant to expand imposes a hardship,
2. Tlae setback affects the applicant's parcel more than any other parcel in the
downtown area,
3. A special circumstance is the bluff, which is not a result of the applicant's
awn actions.
4. Qther downtown property owners have been able to expand into the bluff
area without dealing with impervious surface areas.
5. Based on the record and hearing before the city council tonight and the
prior hearing Qanuaty 20, 20D9~ before the city council regarding the
conditional use permit.
IT L' that the Ci Council of the Ci of Elk
~ tY
River, based on the f~.dings of fact set forth above, hereby a roves the A lication for a
pp pp
Variance to expand a restaurant, on condition that;
~. City engineer shall approve, prior to construction, a bluff re~stabilization
plan and stormwater management plan.
2. Use approved materials consistent with the downtown design guidelines.
3. Subject to DNR review and approval.
4. Any item or condition Found that indicates the site is likely to yield
information nnportant 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,
C:~Documen~s and Set~n~s~jjahns~n~1.,~cal 5ett~ngs`Tempor~ry Internet Files`~LK49~1Zesol~tian-Appra~-e,doc
5, Building addition shall not exceed tl~e lessor o~ 30 feet o:r no fuxthex than a
line that extends from the blu~'fs building and the cinema main building.
Passed and adopted this ~ 7t~ day of Febi~ua~y 2oQ9,
ATTEST: ,
,~
~~
~.
Tina Allard, City Clerk
~, ~ .:
,~
_ l-~ ti
-~--~ ,~
r
~~
....:
`~ :~
Steph~e I~hnzing, NI~a o~
G~Documents and Settings~jjohnsnn~L~cal Settin~s~'I"emparary Internet Fi1es~OLJ~~9~Resaiutian-Apprave,doc