5.1. PCSR 01-13-2009 - Laserfiche WebLink

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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