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RESOLUTION 09 - <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION APPROVING <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. <br />2. <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 approves the Application for a <br />Variance to expand a restaurant, on condition that: <br />1. Ciry engineer shall approve, prior to construction, a bluff re- <br />stabilization plan and stormwater retention plan. <br />2. Use approved materials consistent with the downtown design. <br />guideline. <br />3. Subject to DNR review and approval. <br />4. Any item or condition found that indicates the site is likely to yield <br />information important to prehistory or history shall be reported to <br />the city immediately. Further, the city reserves the right to stop work <br />authorized in its approval until the site is appropriately investigated <br />and work is authorized to continue by the city. <br />5. Building addition shall not to exceed 30 feet or no further than a line <br />that extends from the bluffs building and the cinema main building. <br />S:\PLANNING MAIN\Case Files\Variance\V 09-O1 Fred McCoy\Resolution-Approve.doc <br />