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Case File: CU 08-24 <br />Pagc 4 <br />McCoy's Pub <br />Prcd McCoy <br />5. lY/ill not involve uses, activities, processes, materials, equipment and conditions of operation that will be <br />detrimental to any persons orproperty because of excessive traffic, noise, smo,~e, fumes, glare, odors, dust or <br />vibrations. <br />6. lYrill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. <br />7. Wlill fully comply with all other requirements of this Code, including any applicable requirements and <br />standards for the issuance of a license or permit to establish and operate the proposed use in the city. <br />Sec. 30-2022. Placement, design and height of structures. <br />(a)(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the <br />classification of the water body: <br />a. Setback from top of blu~ 30 feet. (The building is proposed to be approx. 30 feet past the bluff line) <br />Sec. 30-2025. Stormwater management. <br />(2) Specific standards. <br />a. Impervious surface coverage of lots shall not exceed 25 percent of the lot area. In lieu of meeting this impen~ious <br />surface requirement, a property may submit a stormwater drainage plan to the city for review and approval which <br />restricts the developed five year frequency event peak discharge to a rate no greater than the five year historic <br />undeveloped peak discharge. To the maximum extent possible, the drainage plan must also provide for methods of <br />runoff settlement and/ or filtration prior to discharge to the receiving water. <br />Sec 30-2092 Development permit• certificate of zoning compliance• certification of land use <br />decisions. <br />(c) Certification by commissioner required for certain land use decisions. <br />(7) Certain land use decisions which directly affect the use of land within the designated land use districts and involve <br />any of the following actions must be certified by the commissioner as described in subsection (d) of this section: <br />a. Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land. <br />b. Granting a variance from a provision of this division that relates to the honing dimension provisions of this <br />division. <br />c. Approving a plat that is inconsistent with this division. <br />(2) No such action shall be ~ective until the commissioner has certified that the action complies with the Minnesota <br />1Vild and Scenic Kivers Act (Minn. Stats. ~' t 03F.301 et seq.), the statewide standards and criteria, and the <br />management plan. <br />(d) Certification procedure. <br />(7) A copy of all notices of any public hearings or, where a public hearing is not required, a copy of the application to <br />consider honing amendments, variances, or inconsistent plats under this division shall be sent so as to be received by the <br />commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application <br />shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a <br />description of the requested variance. <br />(2) The city shall not the commissioner of its final decision on the proposed action within ten days of the decision. <br />(3) The commissioner shall, no later than 30 days from the time he receives notice of the final decision, communicate <br />either certification of approval, with or without conditions, or notice of nonapproval. <br />(4) The action becomes ~ective when and only when either.• <br />a. The final decision taken by the city has previously received certification of approval from the commissioner; <br />6. The city receives certification of approval after its final decision; <br />c. Thirty days have elapsed from the day the commissioner received notice of the final decision, and the city has received <br />from the commissioner neither certification of approval nor notice of nonapproval; or <br />d. The commissioner certifies his approval after conducting a public hearing. <br />S:\PLANNING MAIN\Case Piles\CUP\CU 08-24 McCoy\CU 08-24_PC.doc <br />