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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