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RESOLUTION 09- <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION DENYING <br />VARIANCE REQUEST V 09-01 <br />AND ESTABLISHING <br />FINDINGS OF FACT THEREFORE <br />WHEREAS, Application was made on February 9, 2009 by Fred McCoy for a Variance <br />to expand his restaurant for the property legally described as the east 30 <br />feet of the west 89 feet of Lot 1, Block 4, Village of Elk River, Section 34, <br />Township 33, Range 26, Sherburne County, Minnesota., 651 Main Street).; <br />and <br />WHEREAS, The application for approval (the Application) was referred to the City <br />Council; and <br />WHEREAS, The City Council conducted a public hearing on the Application, after <br />proper publication and due notice thereof as required by ordinance and <br />statute, on February 17, 2009; and <br />WHEREAS, Following completion of the public hearing, the City Council made the <br />following findings of fact with respect to the application: <br />1. The application does not meet variance criteria 1-4 set forth in <br />Section 30-635 <br />2. The entire proposed 30 foot addition is within the DNR defined <br />bluff line setback <br />3. The proposed addition and existing building will exceed the allowed <br />impervious surface by approximately 45%. <br />NOW, THEREFORE, BE IT RESOLVED that the Ciry Council of the City of Elk <br />River, based on the findings of fact set forth above, hereby denies the Application for a <br />variance to expand a restaurant. <br />Passed and adopted this 17`" day of February 2009. <br />Stephanie Klinzing, Mayor <br />ATTEST: <br />Tina Allard, City Clerk <br />S:\Resoludons\Resolution-Denial V 09-0l.doc <br />