02-17-2009 CCM SP - Laserfiche WebLink

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City Count mutes Page February 17, 2009 Mayor Klinzing q esdoned what direction the DNR . wiU take on this request Staff was uncertain. Mr. Beck stated if the request is denied by the DNR, the applicant could file an appeal with them. He farther stated the Council needs sound findings of fact to make a case to the DN MOVED BY COLTNCILMEMBER MOTIN AND SECONDED B COUNCILMEMBER GU P REY TO ADOPT RESOLUTION 09-0 APPROVING VARIANCE REQUEST V 9-01 AS ILLUSTRATED oN DRAWINGS DATED 2/5/09 WITH THE FOLLOWING CONDITIONS: I. CITE' ENGINEER SMALL APPROVE, PRIOR To CONSTRUCTION, UCTION, A BLUFF RE -STABILIZATION PIAN AND STORMWATER MANAGEMENT PLAN. . USE APPROVED MATERLkLS CONSISTENT T` WI'T'H THE DOWNTOWN DESIGN GUIDELINES. 3. SUBJECT TO DNR REVIEW AND APPROVAL. . ANY ITEM OR CONDITION FOLTND THAT INDICATES THE SITE IS LIKELY To YIELD INFORMATION IMPORTANT To PREHISTORY OR HISTORY SHALL BE REPORTED To THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT To STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS. APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. . BUILDING ADDITION ITION SHAVE NOT EXCEED THE LESSOR OF 30 PEST OR No FURTHER THAN A LINE THAT EXTENDS FROM THE BLUFFS BUILDING AND THE CINEMA MAIN BUILDING. AND BASED ON THE FOLLOWING FINDINGS OF PAC'T'S 1. THE CITY HAS INVESTED IN MAKING THE oWNTo N SUCCESSFUL; OTHER BARS ARE LARGER; AND THE INABILITY OF THE APPLICANT To EXPAND IMPOSES A HARDSHIP, . THE SETBACK AFFECTS THE APPLICANT'S PARCEL L MORE THAN ANY OTHER HE PARUL IN THE DOWNTOWN AREA. . A SPECIAT CIRCUMS'T'ANCE IS THE BLUFF, WHICH IS NOT A RESULT OF THE APPLICANT'S OWN ACTIONS. OTHER H OWNTo N PROPERTY OWNERS HAVE BEEN ABLE To EXPAND INTO THE BLUFF AREA WITHOUT D&AULLING WITH IMPERVIOUS SURFACE AREAS, Mr. Beck outlined additional language that Coundl should consider adding to the findings of fact. THE AND SECONDER OF THE MOTION AMENDED THE ABOVE MO'T'ION To ADD THE FOLLOWING AT I ITONA.L FINDING OF PACT