5.2. SR 01-20-2009 - Laserfiche WebLink

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.^~/ Elk River REQUEST FOR ACTION FILE COPY To Item Number Planning Commission 5.1. Agenda Section Meeting Date Prepared by Plannin Items anu 13, 2009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by Fred McCoy (McCoy's Pub) for Conditional Use erem Barnhart, Plannin Mana er Permit for Patio Addition, Reviewed by Case No. CU 08-24 -Public Hearing Action Requested Staff recommends that the Planning Commission recommend denial of the Conditional Use Permit request for a building expansion, as illustrated on drawings dated 9/29/08, for the following reason: 1. Inconsistency with the Shoreland setback regulations. (Sec. 30-2022) Encroaches approximately 30 feet past the bluff line. 2. Inconsistency with Impervious Surface regulations. (Sec. 30-2025) Exceeds impervious surface by approximately 33% 3. Inconsistency with Downtown Design Guideline approved materials. (Section 30-1026) Should the Planning Commission support and the City Council approve the Conditional Use permit, staff would suggest the approval be conditioned on the following: 1. Approval of a formal variance from the Shoreland setback regulations, and the impervious surface regulations. 2. All requirements of the Building Code shall be met, including egress. 3. City Engineer shall approval, prior to construction, a bluff re-stabilization plan. 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. Although the city did not create these regulations, the city does have an obligation to enforce them. In 1999 the DNR amended the Wild and Scenic line to accommodate all the existing structures in downtown. The Wild and Scenic line used to run approximately down the center of Main Street. This request is not affected by this line. The concern of the proposed addition is the setback from the bluff line. Secondary to the environmental implications are the typical conditional use permit concerns: Light, noise, traffic, etc.