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Planning Commission Minutes January 13, 2009 Page 2 as well as potential issues with noise and lighting for the adjacent residential units. He noted that the Heritage Preservation Commission has not had an opportunity to review the request and any comments they have will be forwarded to the Commission. Mr. Leeseberg explained that the city must act on the application by January 28~h in order to meet the 60-day rule. Commissioner Austad asked what happens if the City Council approves the application. Mr. Leeseberg explained the timeline and procedure as outlined in the staff report to the Commission dated January 13, 2009. Commissioner Staul asked if the impervious surface is over 25 percent with the current structure. Mr. Leeseberg stated yes. Vice Chair Scott re-opened the public hearing Fred McCoy, 651 Main Street, applicant - Mr. McCoy distributed a revised site plan to the Commission and staff. He stated that the proposed addition would be no closer to the bluff setback than the Cinema building, and that the apartment constructed on the back of this building encroaches even further. He stated that the revised site plan shows that a 30 foot addition would only encroach 18 feet into the bluff setback. He stated that 8 to 12 feet has been dug out along the bluff line. Mr. McCoy stated that he feels the Bluffs building encroaches further than the previous buildings in that location, since he was able to walk behind them and now he cannot. He stated that he did not have a problem with staff's recommendation for meeting the design standards. Mr. McCoy stated that he has spoken with some of the neighboring businesses and they have no concerns with the addition and its use. He stated that when the downtown park was constructed the bluff was taken down to the river and no one was concerned, nor has there been any concerns raised about the noise and activity of the downtown concerts. Ron Touchette, representing the Bluffs of Elk River condominiums -stated he felt the proposed addition would affect the use and enjoyment of the Bluffs, since they would be directly impacted by the noise, lightings and activity. He stated that the concerts end early in the evening, and are different than the bar/restaurant activity. He stated that his other concern is parking in the downtown. He noted that McCoy's Pub is a great bar and is an asset to the downtown. Commissioner Staul asked why there is a discrepancy between the original site plan and the exhibit distributed to them tonight. Mr. Leeseberg stated that he will verify the exhibit with Bogart-Pederson. Commissioner Anderson felt that the Commission should take action on the information presented in the packet. Mr. Barnhart noted that staff's recommendation is based on the packet information. Commissioner Westberg asked if staff has any information on erosion patterns of the river. Ms. Haug explained that the Mississippi is defined as an old river and are expected to "meander". She stated that when any construction in the vicinity of a river can cause a slight change. Commissioner Westberg as if staff has noticed any erosion in the area near the Cinema building apartment? Ms. Haug stated that she has not noticed any new erosion.